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PC RES 2005-008 P.C. RESOLUTION NO. 2005-08 RESOLUTION OFT E PLANNING COMMISSION OF THE CITY OF RANCHO PALOSVERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION AND GRA I E IT (CASE n z 2004-003 ), FOR PROPERTY L T T 4300 MIRALESTE DRIVE. WHEREAS, on July 15, 2004, the applicant submitted a Height Variation and Grading Permit (Case No. ZON2004-000387) application requesting to construct an 874 square foot addition and conduct 145 cubic yards of grading. Staff completed an initial review of the application on August 13, 2004, at which time the application was deemed incomplete due to missing information on the project plans. The applicant submitted the remaining information needed to complete the application to the City on November 15, 2004; and, WHEREAS, the Height Variation application was deemed complete by staff on December 15, 2004; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code 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, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that the Height Variation and Grading Permit will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 8, 2005 at which time all interested parties were given opportunities to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the approved project includes the construction of an 874 square foot addition to an existing 1,820 square foot residence. Section 2m The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the City by obtaining 70% of the signatures within 100 feet and 42% of the signatures within 500 feet of the project site. Section 3: The Height Variation is warranted since the proposed addition to the existing structure that is above sixteen feet in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or P.C. Resolution No. 2005-08 Page 1 of 6 equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas. There are no public property viewing areas, as designated within the General Plan, within the vicinity of, or that look over, the subject site. Section 4. The Height Variation is warranted since the proposed structure is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract. The tract is not located on a ridge or a promontory, as defined in the municipal Code. Section 5® The Height Variation is warranted since the addition to the existing structure that is above sixteen feet in height, as defined in Section 17.02.040(B) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Views in the area are primarily to the east overlooking the ports, San Pedro, and tong Beach. The proposed addition is on the east side of the building and has been designed such that the ridgeline of the residence is not increasing. The homes on the same side of miraleste do not enjoy a view across the subject site and since the proposed addition does not extend the roof ridgeline any higher than the existing home, it does not encroach into a view of any home on the west side of the property. Section e The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Since the project does not create view impairment, it does not contribute towards cumulative view impairment. Section 7. The Height Variation is warranted since the proposed addition complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes municipal Code. Section : The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character. Based on an analysis of the area, it is found that the proposed structure is consistent with the character of the immediate neighborhood with respect to architectural style and materials, bulk and mass, number of stories, structure size, front, side, and rear yard setbacks, and open space between structures. Section w The Height Variation is warranted since the addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The applicant is grading to create a new lower lever, thus the portions of the residence that exceed the 16720' height limit are at the same elevation that the home currently exists. Therefore, the proposed addition does not give the property owner an additional visual observation into another property that they do not currently posses. Section 10- The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Chapter 17.96 of the municipal Code. The permitted primary use of the property is single-family residential. Since the size of the P.C. Resolution No. 2005-08 Page 2 of 6 home will exceed the other homes in the area and the grading is primarily being done under the building footprint, the grading is not excessive. Section 11 a The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. The grading under the building footprint is all cut, thus the structure is constructed at a lower elevation that could have been built in the same location on the lot if measured from pre-construction (existing) grade. Section 12: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural. The majority of the grading has taken place under the building footprint, therefore does not alter the appearance of the natural contours of the area. Section 13® The grading takes into account the preservation of natural topographical features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into natural topography. As noted in the previous section, the majority of the proposed grading is being done under the building footprint, while the remaining is not visible from the public right-of-way. Therefore, the grading does not alter the topographical features of the lot. Section 14: The grading will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The vegetation that exists in the proposed grading area consists of invasive weeds, grass, and ivy, which are not considered part of the natural vegetation of the area and does not serve as a wildlife habitat. Section 1e The grading conforms to the standards set forth in Municipal Code Section 17.76.040(E)(9) for grading on slopes, finished slope contours, depth of cut and height of retaining walls. Section 16: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040, 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than February 23, 2005. Section 17: 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 approves the Height Variation and Grading Permit to allow for the construction of a 874 square foot addition to a 1,820 square foot residence and to allow 145 cubic yards of grading (Case No. ZON2004-00387); subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. P.C. Resolution No. 2005-08 Page 3 of 6 PASSED, APPROVED AND ADOPTED this 8th day of February 2005, by the following vote: AYES: KARP, KNIGHT, PERESTAM, TETREAULT NOES:NONE ABSTENTIONS: NONE ABSENT: MUELLER, GERSTNER --j5aul Tetreault, Chairman I R jas' AICd I rest D re r of Plank 9, Building and Code Enforcement; and, SVeta ry to the Planning Commission P.C. Resolution No. 2005-08 Page 4 of 6 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2005-08) Height Variation and GradingPermit (Case No. 0040 3 7) 1. The approval of a Height Variation and Grading Permit are to allow for the construction of an 874 square foot addition to the existing 1,820 square foot residence and 145 cubic yards of grading. More specifically, the applicant is proposing to add 285 square feet to the rear of the existing level of the residence, create a new 589 square foot lower floor, and construct a new 219 square foot balcony. The grading shall consist of 145 cubic yards of cut only. 2. Approval of this Height Variation and Grading Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. The applicant/property owner shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below. Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void. 4. The approval shall become null and void after one (1) year from the date of this approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code. This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 5. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No work is permitted on Sundays or legal holidays. 7. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 8. The construction site, adjacent public and private properties 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, P.C. Resolution No. 2005-08 Page 5 of 6 appliances or other household fixtures. 9. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 10. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 11. The approved project shall maintain a maximum 45% lot coverage. (Proposed — 27.6%) 12. Prior to the issuance of building permits or commencement of grading, which ever occurs first, the applicant shall obtain a haul route permit from the Director of Public Works. 13. The proposed residence shall not exceed a height of 25.59', as measured from the lowest grade adjacent to the building foundation/slab (90.41) to the highest ridgeline of the residence (116'), and 15', as measured from the highest elevation of existing building pad covered by structure (101') to the highest ridgeline of the residence. BUILDING HEIGHT CTIFF TI IS REQUIRED. A LICENSED CIVIL ENGINEER SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHAL BE SUBMITTEDTO THE CITY'S BUILDING OFFICIAL FOR REVIEWAND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 14. The proposed structure shall maintain the following minimum setbacks: 15' rear (proposed: 61'-2") 5' north side (proposed: 6') 5' south side (proposed: 16'-6") 20' front (proposed: 45') 15. At least 50% of the existing interior and exterior walls or existing square footage of the structure shall be retained by the approved project. Otherwise, any nonconformities existing at the time of planning approval shall be corrected as a part of the project. P.C. Resolution No. 2005-08 Page 6 of 6