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PC RES 2024-023 P.C. RESOLUTION NO. 2024-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW TO CONSTRUCT A 891 FT2 SECOND-STORY ADDITION AND 44 FT2 FIRST-STORY ADDITION TO AN EXISTING 3,251 FT2 TWO- STORY RESIDENCE (GARAGE INCLUDED) FOR A NEW TOTAL STRUCTURE SIZE OF 4,186 FT2 (GARAGE INCLUDED) ALONG WITH ANCILLARY SITE IMPROVEMENTS AT 26718 NOKOMIS ROAD (CASE NO. PLHV2023-0010) WHEREAS, on January 23, 2024, the Applicant, Khurram Shoro, submitted a Height Variation Permit and Site Plan Review application, requesting to construct a 891 ft2 second-floor addition and 44 ft2 first-story addition, measuring 23.83 feet in height, located at 26718 Nokomis Road, in the City of Rancho Palos Verdes; and WHEREAS, on February 29, 2024, Staff completed an initial review of the application, at which time the application was deemed incomplete for processing due to missing information; and WHEREAS, on October 31, 2024, the application was deemed complete for processing after the Applicant submitted additional information on several occasions; and WHEREAS, on October 31, 2024, a public notice announcing the proposed project and date of the public hearing was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from the project site, providing a 30- day time-period to submit comments; 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 California Guidelines for Implementation of CEQA. Specifically, the project includes an addition to an existing structure that is less than 10,000 ft2; is located where existing public services and facilities are available; is not in an environmentally sensitive area and none of the exceptions to the categorical exemption set forth in CEQA Guidelines, section 15300.2 apply and specifically this project does not present any unusual circumstances; and WHEREAS, the PlanningCommission held apublic hearingon December 10, 2024, at which time all interestedparties weregiven an opportunity to be heard and pp y present evidence. P.C. Resolution No. 2024-23 Page 1 of 9 NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed project involves the construction of an 891 ft2 second- story addition and 44 ft2 first-story addition to an existing 3,251 ft2 two-story residence (garage included) for a new total structure size of 4,186 ft2 (garage included) measuring 23.83 feet in height along with ancillary site improvements including a new front entryway, and exterior remodel of the project residence. Section 2: The Planning Commission determines the project is categorically exempt from the California Environmental Quality Act pursuant to 14 CCR 15301 (Existing Facilities) as the project includes an addition to an existing structure that is less than 10,000 ft2; is located where existing public services and facilities are available; and is not in an environmentally sensitive area. Furthermore, none of the exceptions to the use of a categorical exemption set forth in CEQA Guidelines, section 15300.2 apply to the project and specifically the project does not present any unusual circumstances. Section 3: The Planning Commission finds that the Height Variation Permit and Site Plan Review for the construction of an 891 ft2 second-story addition and 44 ft2 first- story addition to an existing 3,251 ft2 two-story residence (garage included) for a new total structure size of 4,186 ft2 (garage included) measuring 23.83 feet in height, which exceeds the 16 feet/ 20 feet by-right building height envelope, is warranted based on the following findings: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by notifying the local Homeowners Association and obtaining 10 signatures (76.9%) from properties within 100 feet and 27 signatures (26%) from properties within 500 feet of the project site. Additionally, the project site is not part of any homeowner's associations. B. There are no viewing points or viewing sites that will be significantly impaired or impacted due to the proposed new structure. Additionally, the project site is not located within the City's Coastal Zone. As such, this finding can be made. C. The proposed project is not located on a ridge or promontory, nor located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. As such, this finding can be made. D. Views in the area are primarilyoriented to the north and east consistingof the harbor, the Los Angeles basin, city lights, and mountains. The proposed project over the 16 foot/20 foot "by-right" height limit would not significantly impair any views due to the topographical conditions in the area and orientation of other homes; where residences located to the north and east observe views in the opposite direction of the project site, residences located to the south have building pads approximately 10 feet higher than the project site and can maintain views over P.C. Resolution No. 2024-23 Page 2 of 9 the proposed project, and residences located to the west already have views which are impaired by the by-right height of structures along both sides of Nokomis Road. E. There will be no significant cumulative view impairment by portions of the structure which exceed 16 feet in height. The homes in the immediate neighborhood primarily consists of two-story residences. Through historical aerial analysis and site visits, Staff has found that future similarly sited second story additions to homes on adjacent properties would not create cumulative view impairments. The northerly adjacent neighbor at 26712 Nokomis Road is already improved with a second story, where no further view impairments would be created if an addition were sited similarly. Additionally, a similarly sited addition to the southerly adjacent neighbor at 26724 Nokomis Road would not create any new view impairments as the by-right height of structures along both sides of Nokomis Road already impair views. F. The proposed addition will comply with all other code requirements, including but not limited to, setbacks, parking, maximum allowable lot coverage, and building height. G. The proposed project is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. The size of the proposed addition (915 ft2) will result in the project residence being the largest in the immediate neighborhood. The scale of the project will continue to be compatible with the immediate neighborhood as a result of the various architectural elements and features that will create visual interest and soften the appearance of bulk and mass, such as the, varying rooflines, articulated façade, and finished materials. Additionally, the project will maintain the existing streetscape, whereby other homes inside the immediate neighborhood also have second-story additions which are constructed over the first-story garage. The proposed second-story addition will also be setback from the front façade, thereby reducing the sense of bulk and mass from the public right-of-way. The proposed project will incorporate various finishes such as stucco, wood siding, and a gable and flat roof design, which is consistent with both the existing residence and other homes in the neighborhood. H. The proposed project will not result in an unreasonable infringement of privacy. The north façade primarily observes views of public right-of-way and front yards of adjacent properties. The west façade of the proposed second story addition is designed with windows which primarily would observe views of the adjacent parcel's roof and public right-of-way when exclusive of the existing foliage. The east façade of the proposed second-story addition is designed with two windows with views to the east. Views from this façade will consist of the public right-of-way and the adjacent neighbors side façade. Section 4: The proposed ancillary site improvements including the front entryway and exterior remodel of the project residence meet all the applicable Municipal Code P.C. Resolution No. 2024-23 Page 3 of 9 requirements including, but not limited to setbacks, height, and lot coverage in the RS- 4 zoning district. Section 5: 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 4:30 P.M. on Friday, January 3, 2024. A $3,100.00 appeal fee must accompany any appeal letter. If no appeal is filed in a timely manner, the Planning Commission's decision will be final at 4:30 P.M. on Friday, January 3, 2024. The 15-day appeal period has been extended to account for the closure of City Hall in observance of the Winter Holidays. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2024- 23, approving the Height Variation Permit and Site Plan Review for the construction of a 891 ft2 second-floor addition and 44 ft2 first-story addition, measuring 23.83 feet in height, located at 26718 Nokomis Road; and subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 10th day of December 2024 by the following vote: AYES: COMMISSIONERS CHRISTEN, CHURA, GEORGE, O'CONNOR, VICE- CHAIR NULMAN, AND CHAIR SANTAROSA NOES: COMMISSIONER BRACH ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE II . PlI ��I.• fr r Ron Santarosa Chair Br n :orb P Director of munit--.Development; and, , Secretary of the Planning Commission P.C. Resolution No. 2024-23 Page 4 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2023-0010 HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW 26718 NOKOMIS ROAD General Conditions: 1 . Prior to the submittal of plans into Building and Safety plan check, the Applicant and/or the 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 substantiallythe same pp results as would strict compliance with the approved plans and conditions. p pp 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 environmental review and public notification. P.C. Resolution No. 2024-23 Page 5of9 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 180 days 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 location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. P.C. Resolution No. 2024-23 Page 6 of 9 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, 9:00AM to 5:00PM 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. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded. 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 permitapprovedby shall be the Public Works Department. 19. The Applicant shall remove the project silhouette within seven (7) days after a final decision has been rendered and the City appealprocess has been exhausted. Project Specific Conditions: The proposed project consists of the following improvements: • Construct an 891 ft2 second-story addition and 44 ft2 first-story addition to an existing 3,251 ft2 two-story residence for a new total structure size of 4,186 ft2 (garage included); and, P.C. Resolution No. 2024-23 Page 7 of 9 • Construct ancillary improvements including a new front entry way and exterior remodel of the project residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 20. The proposed project will measure 23.83 feet, as measured from the lowest finished grade covered by structure (elev. 770.90 feet) to the highest roof ridgeline (elev. 794.73 feet); and a height of 23.33 feet as measured from the highest elevation of the existing grade covered by the structure (771.40 feet) to the highest roof ridgeline (elev. 794.73 feet). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection, based on the above-mentioned instructions. 21. The proposed residence shall maintain setbacks of 20.92-foot front, 11.83-foot west side, 5-foot east side, and 30.58-foot rear. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 22. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 50% lot coverage. 23. The project site shall maintain a minimum of two enclosed parking spaces at all times. An enclosed parking space shall have an unobstructed ground space of no less than 9 feet in width and 20 feet in depth, with a minimum 7 feet vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9 feet in width by 20 feet in depth. 24. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 25. 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 square footage is demolished or removed within a two-year period shall be 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. PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE 26. All applicable soils/geotechnical reports, if required bythe Buildingand Safety g P.C. Resolution No. 2024-23 Page 8 of 9 Division, shall be approved by the City's Geologist. 27. A drainage plan shall be reviewed and approved by the Public Works Department. 28. Pursuant to RPVMC Section 17.02.040(B)(4), the following foliage, which has been determined to significantly impair the Los Angeles basin view from the viewing area at 5029 and 5015 Blackhorse Road and 26742 Nokomis Road, shall be trimmed PRIOR TO BUILDING PERMIT ISSUANCE in order to eliminate the significant impairment: a. Lace one Pine Tree located closest to the front property line as shown on the Boundary/Topographic Map prepared by T&M Surveying dated August 17, 2023. b. Remove the lower fronds from the two (2) Queen Palm Trees located in the front yard. The owner of the property is responsible for maintaining and shall maintain, in perpetuity, all foliage on the property, which exceeds 16 feet in height, as measured from the base of the tree or which exceeds the lowest adjacent ridge line of the primary structure, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. P.C. Resolution No. 2024-23 Page 9 of 9