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PC RES 2023-012 9 P.C. RESOLUTION NO. 2023-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY, VARIANCE AND COASTAL PERMIT TO REMODEL EXISTING SECOND-AND THIRD-STORY BALCONIES, INCLUDING AN 87 FT2 EXPANSION OF THE SECOND-STORY BALCONY AND A 61 FT2 EXPANSION OF THE THIRD-STORY BALCONY, ATTACHED TO AN EXISTING 2,670 FT2 (GARAGE INCLUDED) THREE-STORY RESIDENCE AT 113 SPINDRIFT DRIVE (CASE NO. PLVA2023- 0002) WHEREAS, on October 13, 2022, the Community Development Director conditionally approved a Landslide Moratorium Exception Permit (Case No. PLME2022- 0001), pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §15.20.040(H) thereby allowing the landowner to proceed with the filing of the appropriate planning applications for the construction of 180 ft2 of new deck areas and exterior stair to existing second- and third- story balconies; and WHEREAS, on March 1, 2023, Russ Barto ("Applicant"), representing property owners Mr. and Mrs. David Link, submitted the subject applications to the Community Development Department; and WHEREAS, on April 28, 2023, staff completed the initial review of the applications, at which time the applications were deemed incomplete for processing, and after several additional submittals of supplemental information, the Applicant submitted revised project plans for review, which included a revised second-story balcony configuration and elimination of the proposed exterior stair along the west elevation; and li WHEREAS, on August 2, 2023, based on a review of the revised plans, Staff deemed g the application complete for processing; and WHEREAS, on August 3, 2023, a public notice was published in the Palos Verdes Peninsula News, and mailed to all property owners within a 5,00-foot radius of the project site and to the Coastal Commission; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, the proposed project has been found to be categorically exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines. Specifically, the project involves the construction of a negligible balcony expansions to an existing residence; and P.C. Resolution No. 2023-12 Page 1 of 9 WHEREAS, the Planning Commission held a public hearing on August 22, 2023, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The above recitals are true and correct and are incorporated herein by reference. Section 2: The project involves the remodel of existing second- and third-story balconies, including an 87 ft2 second-story balcony expansion and a 61 ft2 third-story balcony expansion, attached to an existing 2,670 ft2 (garage included) three-story residence at 113 Spindrift Drive. Section 3: The Site Plan Review with Neighborhood Compatibility is approved for the proposed balcony expansions, consisting of an 87 ft2 second-story balcony expansion and a 61 ft2 third-story balcony expansion, as these plans comply with all applicable Zoning Code requirements for the RS-2 Zoning District. In addition, the plans for the balcony remodel and expansions are compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. As designed, the project will match the exterior finishes and roof style of other homes in the area. There will be no apparent bulk or mass resulting from the proposed improvements, as the project extends existing balconies that act as visual breaks between the upper and lower levels and the extensions are generally within the existing building envelope. The proposed project will also maintain the existing streetscape of the immediate area, which features some homes with balconies along the front of the property and direct garage access. The project will not present an unreasonable privacy infringement to neighboring properties as the new balcony expansions will be oriented towards the street of access and the driveways/parking areas along Spindrift Drive. Section 4: The Variances are granted to allow the following deviations from the development standards: continue nonconforming front yard setback from 20 feet to 1.5 feet; continue a nonconforming west side yard setback from 5 feet to 4.5 feet; and increased lot coverage from 50.6% to 53.5%. The Variances are granted based on the findings required by RPVMC §17.64.050, i.e., extraordinary circumstances of the property, preservation and enjoyment of a substantial property right of the Applicant, no materially detrimental impacts to public welfare or injurious to property and improvements in the area, and consistent with the City's General Plan and Costal Specific Plan. Specifically, the project site was created y y and improved prior to Cityincorporation with a nonconforminglot size (2,990 ft2) that is p p substantially smaller than the required minimum lot size (20,000 ft2)for RS-2 zoning districts. P.C. Resolution No 2023-12 Page 2 of 9 As a result, most homes in the vicinity have nonconforming setbacks similar to those for this project. The requested increase in lot coverage allows the residence to expand balconies in size consistent with those found in the immediate neighborhood and is necessary to provide connection from existing exterior stair on west side of residence to second floor balcony. A geology report was reviewed and approved as part of the approved Landslide Moratorium Exception Permit for the project (Case No. PLME2022-0001), and all construction must adhere to the California Building Code. The project is consistent with the General Plan Land Use Policy No. 3 (p. L-7), to "encourage and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." The project site is consistent with Subregion 6 of the, Coastal Specific Plan. Section 5: The Coastal Permit for the project in the City's Coastal Zone is approved based on the following findings: A. The development is consistent with Subregion 6 of the Coastal Specific Plan. Specifically, the project will replicate the existing character and homogeneity found within the Portuguese Bend Club neighborhood by maintaining exterior elements that are similar to other homes in the neighborhood including a second floor with multi- story facades, which are consistent with upslope lots located on the northside of Spindrift Drive. The development also incorporates the use of ship-lap wood siding and a flat roof design, which are consistent with the neighborhood and help to maintain the character and homogeneity found within this neighborhood. B. The development, located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The Applicant is not proposing to develop within a private road or outside of the property and therefore the project will not affect any paths, trails, easements, or public rights- of-way identified as access corridors (C-6 & C-7) within the Coastal Specific Plan. Section 6: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, September 6, 2023. A $3,100.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on September 6, 2023. Section 7: Any challenge to a final decision by the City Council on the entitlements and the findings set forth herein must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the RPVMC. Section 8: For the foregoing reasons and based on the information and findings g g g included in the Staff Report, Minutes, and other records of proceedings, the Planning P.C. Resolution No 2023-12 Page 3 of 9 Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2023- 12; A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY, VARIANCE AND COASTAL PERMIT TO REMODEL EXISTING SECOND- AND THIRD-STORY BALCONIES, INCLUDING AN 87 FT2 EXPANSION OF THE SECOND-STORY BALCONY AND A 61 FT2 EXPANSION OF THE THIRD-STORY BALCONY, ATTACHED TO AN EXISTING 2,670 FT2 (GARAGE INCLUDED) THREE-STORY RESIDENCE AT 113 SPINDRIFT DRIVE (CASE NO. PLVA2023-0002) PASSED, APPROVED AND ADOPTED this 22nd day of August 2023, by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM, SAADATNEJADI AND CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: VICE CHAIR SANTAROSA ...,__i_ f1/4,,A 1 Ok().......____ David Chura Chair 01 ..)_ Octavio Silva, Interim Director of Community Development Secretary of the Planning Commission P.0 Resolution No. 2023-12 Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLVA2023-0002 (SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY, VARIANCE AND COASTAL PERMIT) 113 SPINDRIFT DRIVE General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Exhibit"A". Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works. 4. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040, the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate P.0 Resolution No 2023-12 Page 5 of 9 environmental review and public notification. 6. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the RPVMC, including but not limited to height, setback and lot coverage standards. 7. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in RPVMC §17.86.060 or administrative citations as described in RPVMC §1.16. 8. If the Applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in RPVMC §17.86.070 within one year of the final effective date of this Notice of Decision, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 9. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 10. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped approved by the City with the effective date of this approval. 11. This approval is only for the items described within these conditions and identified on the stamped approved plans and is not an approval of any existing illegal or legal non-conforming structures on the property, unless the approval of such illegal or legal non-conforming structure is specifically identified within these conditions or on the stamped approved plans. 12. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a P.C. Resolution No. 2023-12 Page 6 of 9 location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 14. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in RPVMC §17.56.050(C). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the Building Official. 16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 17. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 18. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT, whichever occurs first, an earth hauling permit shall be approved by the Public Works Department. 19. PRIOR TO ISSUANCE OF BUILDING PERMITS all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 20. The Applicant shall remove the project silhouette within 7 days after a final decision has been rendered and the City's appeal process has been exhausted. P C. Resolution No. 2023-12 Page 7 of 9 Project Specific Conditions: 21. This approval is for the following entitlements: A. Demolish approximately 32 ft2 of existing exterior access stairs on the front façade of the project residence; B. Reconstruct approximately 404 ft2 of existing second- and third-story balconies; and C. Construct 148 ft2 of new balcony areas, consisting of an 87 ft2 second-story balcony expansion and a 61 ft2 third-story balcony expansion. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION. 22. The approved residence shall maintain a 1.5-foot front, 7-foot east side, 4.5-foot west side and 15-foot rear yard setbacks. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 23. Unless modified by the approval of future planning applications, the approved project shall maintain a nonconforming 53.6% lot coverage. 24. No more than 50% of any existing interior and exterior walls or existing square footage may be removed or demolished. Residential buildings that are remodeled or renovated such that 50% or greater of any existing interior or exterior walls or existing two-year square footage is demolished or removed within a period shall be q g considered a new residence and shall then conform to all current development standards for that zoning district and the most recently adopted version of the California Building Code. 25. Any outdoor furnishings, accessories or plants located on the balcony and roof deck shall not exceed a height of 8 feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck. 26. Any outdoor furnishings, accessories or plants located on the balcony and roof deck which exceed the height limits established in RPVMC §17.02.040, shall not significantly impair a view from surrounding properties. Landslide Moratorium Exception Conditions 27. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, if lot drainage deficiencies are identified by the Director of Public Works, all such deficiencies shall be corrected by the Applicant. P C Resolution No 2023-12 Page 8 of 9 28. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course as deemed acceptable by the City's Engineer. 29. Pursuant to Condition No. 2, a hold harmless agreement satisfactory to the City Attorney promising to defend, indemnify, and hold the City harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the Director PRIOR TO THE ISSUANCE OF ANY BUILDING OR GRADING PERMIT. 30. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, the Applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the Director pursuant to the terms of RPVMC Chapter 15.20. 31. All landscaping irrigation systems shall be part of a water management system approved the Director of Public Works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. 32. The sewer lateral that serves the property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of any building or grading permit for the project that is being approved pursuant to the issuance of this Landslide Moratorium Exception permit. 33. The property owner shall be responsible for the installation and maintenance of their sanitary sewer system including their sanitary sewage lateral, any sanitary sewage lifting systems and the electricity required to power the system, and all underground pipes associated with their sanitary sewage system under and adjacent to their development, and the associated fixtures within the property. 34. All other necessary permits and approvals required pursuant to this Code or any other applicable statute, law or ordinance shall be obtained. P C Resolution No 2023-12 Page 9 of 9