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PC RES 2005-019 P.C. RESOLUTION NO. 2005-19 RESOLUTION F THE PLANNING I I F THE CITY OF RANCHO PALOS VERDEVERDES APPROVINGCASE NO. ZON2004-00451, VARIANCE, H I T VARIATION PERMIT,AND GRADINGPERMIT 150 CUBIC YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION A NEW TWO-STORY SPLIT-LEVEL SINGLE- FAMILY ILY I ENC EASIJ IN 4,443 SQUARE FEET, PARTIALLY CONSTRUCTED OVER AN EXTREMEP N A VACANT LOT LOCATED T 48 ROCKINGHORSE ROAD (LOT 2, PARCEL MAP NO. 2 547) WHEREAS, on May 23, 1989, Parcel Map No. 20547 and Variance No. 232 were approved by the Planning Commission, a subdivision of one lot into two lots, and allowing reductions in the lot width for each of the resultant lots; and, WHEREAS, on May 23, 1989, Grading Permit No. 1234 was also approved for grading on the slope in order to provide access or to accommodate a structure designed with access directly from Rockinghorse Road,where the conceptual design of the structure included a split-level, three-story residence with a 10-foot front yard setback, accommodated by 630 cubic yards of grading, and, WHEREAS, since Grading Permit No. 1234 was allowed to expire, on August 18, 2004, the applicant, Bob Vanderhoof, representing property owners Rick and Renata Holguin, submitted Variance, Height Variation and Grading Permit applications(hereinafter referred to as ZON2004-00451) requesting approval for the construction of a new single- family residence over an extreme slope on a vacant parcel on Lot 2 of Parcel Map No. 20547; and, WHEREAS, on September 13, 2004, the application was deemed incomplete pending the submittal of additional information and construction of the temporary silhouette; and, WHEREAS, upon submittal of the requested additional information, including geotechnical approval, SUSMP approval and certification of the temporary silhouette, Staff deemed the project generally complete for processing on March 4, 2005; 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 Regulation, 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 ZON2004-00451 would have a significant effect on the environment and,therefore,the proposed project has been found to be categorically exempt under Class 3 (Section 15303)since the project involves the construction of a new residence on a legally subdivided lot; and, WHEREAS, on April 12, 2005, the Planning Commission continued Case No. ZON2004-00451 to the April 26, 2005 Planning Commission meeting; and, WHEREAS, on April 26, 2005, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing at which time all interested parties were given an opportunity to be heard and present evidence. NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND; DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The subject property contains exceptional circumstances and conditions that do not apply to other properties. The buildable area is approximately 4,800 square feet, which is due to the "Restricted Use" area, the roadway easement, and the extreme slope areas. Other properties in the area appear to contain larger buildable areas and contain building footprints similar to the proposed project. Further, the configuration of the subject property is such that there is an existing 50-percent transitional downslope between the roadway and the buildable area, and similar transitional downslopes between the sides and the buildable area, thereby creating a bowl-type configuration where the buildable area is a sunken portion of the lot that is at least 20-feet below the roadway and approximately 55-feet from the roadway. Section 2: The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is a right that other property owners maintain. Unlike other parcels in the same zoning district, many parcels contain a pad area or other area on the lot that can accommodate development without encroaching into extreme slope areas of the site. Thus, Due to the physical constraints of the subject property, the only feasible configuration for a structure is to encroach onto the extreme slopes of the property Section 3: The variance will not be materially detrimental to the Rockinghorse Road neighborhood. The new residence will be 9-feet higher than the roadway and will not be apparent, bulky or massive when viewed from along the Rockinghorse Road right-of- way, which is due to the topographical conditions of the subject property. Further, the proposed location of the structure, at 21-feet from the front property line and at least 31-feet from the roadway, mitigates dominance of the structure from the roadway. Lastly, the City's Geologist reviewed and approved the geotechnical reports that support development of the subject property Section 4. The variance will not be contrary to the City's General Plan. The development of new single-family residence is consistent with this underlying land use designation and is consistent with General Plan Housing Policy No. 3 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." P.C. Resolution No. 2005-19 Page 2 Section 5: The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 72.72%of the property owners within 100-feet of the subject property and 51%of the property owners within 500-feet of the subject property, who have reviewed the plans prior to filing the application with the City. Section 6® The proposed two-story addition does not significantly impair a view from public property which has been identified in the City's General Plan or Coastal Specific Plan as a City-designated viewing area because there are no such areas that overlook the subject property. Section 7: The property is not located on a ridge or promontory as there are other adjacent parcels with varying pad elevations that were terraced when initially constructed. Section 8: The proposed residence that is above sixteen feet in height, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel. Due to the topography and development in the area, the viewing area of the residence across the street, at 45 Rockinghorse Road, is sufficiently higher in elevation where the new residence will be at the bottom of the view frame and will not encroach into the view of the harbor, Vincent Thomas Bridge, Ocean or San Pedro. Section9: There is no view impairment since the new residence will encroach into the bottom portion of the view frame from the viewing area at 45 Rockinghorse, which will not impair any view features, since the view of Western Avenue and The Terraces Shopping Center are not protected view components. Section % There is no significant cumulative view impairment caused by granting the application. The structure to the north side is a one-story residence; however, the residence is at a significantly higher elevation than the subject property so that there is no view over the structure, and a proposed second story above would only impair the view of the sky, which is not a view component. The structure to the south side (46 Rockinghorse Road) is a one-story residence that is slightly higher in elevation than the subject; however the topography beyond does not allow for a view of the ocean or harbor area. Thus, a second story addition would not impair a view from the viewing area at 45 Rockinghorse Road. Section1l: The proposed structure complies with all other Code requirements in that the development standards of the RS-2 Zoning District are met with regards to setbacks and lot coverage. Further, the Variance request for construction onto an extreme slope can be justified. Section 12® The new residence will be compatible with the immediate neighborhood. the resulting structure size will not be out of character with the immediate neighborhood; the residence will appear as a one-story structure when viewed from along Rockinghorse Road since the two-story element is at the rear and is lower than the street; P.C. Resolution No. 2005-19 Page 3 with regards to bulk and mass, the residence is sufficiently setback from Rockinghorse Road and is lower in elevation due to the downsloping topography of the property, which results in a structure that will not be apparent from or dominate the roadway;the project will not introduce new elements to the immediate neighborhood, nor deviate from an established style; and the residence will not deviate from the typical neighborhood setbacks. Section 13: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences due to the development pattern on the adjacent properties and the topography of the area. Section 14: The proposed grading is considered necessary and not excessive for the permitted primary use of the lot since the grading will be limited to accommodating the residence and access for the structure. Section 15: The majority of the proposed earth movement is to accommodate the residence and driveway access, with the remainder of the property remaining in its natural condition and topography. Thus, the grading will not be apparent and minimizes the disturbance to the natural contours of the site by concentrating the grading to the residence and driveway. Section 16: The grading will preserve the natural topographic features by concentrating the grading to the residence and driveway. Section 17: The grading application is consistent with Section 17.76.040.A, the purpose and intent to allow for grading activity since the grading is for the construction of a new residence and driveway access, and the grading will be concentrated to these two features. The grading will not cut into the slopes to create additional flat yard areas, and will not terrace the site or bench the transitional slopes. Section 18: The grading application will not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity. because the subject property contains topographical constraints that requires grading and construction onto the extreme slopes of the property. These topographical constraints are not evident in other lots in the immediate neighborhood, since those lots contain existing residences built upon flat buildable areas. Section 19: The proposed grading activity will not be detrimental to the public safety or to the surrounding properties since the new residence will be reviewed, inspected and approved by the Building and Safety Division. The project would be required to comply with all safety standards of the Uniform Building Code, and with the recommendations contained in the approved geotechnical report. Section 20: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning P.C. Resolution No. 2005-19 Page 4 Commission of the City of Rancho Palos Verdes hereby approves Case No. ZON2004- 00451 for a Variance, Height Variation, and Grading Permit, for the construction of a new single-family residence, 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. Section 21: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80 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 May 11, 2005. PASSED, APPROVED, AND ADOPTED this 26th day of April 2005, by the following vote: AYES: Gerstner, Golida, Knight, Tetreault NOES: None ABSTENTIONS: None ABSENT: Karp, Mueller, Perestam Oki "fetreault Planning Commission Chairman JOE OIR 'as, AIC 7 t Dir t of Planivi g, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2005-19 Page_5 Exhibit "A" Conditions of Approval Case No. N00 0451 (Variance, Height Variation & Grading Permit) 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 approval. 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 approval shall become null and void after one year from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the"plan check" review process. 3. Approval is for 150 cubic yards of grading to accommodate a new split-level, single- family residence measuring 4,443 square feet in area. Specifically, the upper level will be the main floor of the residence and will measure a total of 2,461 square feet, while the lower level will measure 1,982 square feet. 4. The following minimum setbacks shall be maintained: Front yard: 20'-0" minimum (proposed: 21'-0") Side yard: 6-0" minimum Rear yard: 16-0" minimum SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, FRONT YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE FIRST FLOOR. 5. The height of the new residence is limited to 18.61-feet as measured from the average elevation of the front setback line (89.47') to the highest ridgeline of the structure over the garage (108.08'). Further, the maximum overall height of the new residence is limited to 30-feet as measured from the highest ridgeline of the structure over the garage (108.08')to the lowest finish grade covered by structure (78.08') located along the rear of the structure. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 6. The Variance allows portions of the new residence to be constructed over extreme slopes on the subject property. P.C. Resolution No. 2005-19 Page 6 7. The Grading Permit allows a total of 150 cubic yards of grading to accommodate the new residence. Specifically, 76 cubic yards of cut and 74 cubic yards of fill. 8. Any new freestanding walls, fences, pilasters, and retaining walls adjacent to the walkway, shall be limited to a maximum overall height of 42-inches. 9. The retaining walls adjacent to the driveway shall be limited to a maximum overall height of 5-feet. 10.Except for the existing wall to remain, this approval does not permit any new structures within the road easement. 11.A minimum two-car garage shall be maintained, with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9-feet-wide by 20-feet-deep by 7-feet-vertical clearance. 12.Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 13.Due to the subject property's location in the RS-2 zoning district, a,maximum of forty percent (40%) lot coverage shall be allowed on the lot (proposed: 36.37%). 14.In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 15.The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays. 16.The construction site and all adjacent private and public property 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 is not 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. 17.The maximum eave projection allowed into the required setback areas shall not exceed 6-inches for each 1-foot of required setback. 18.The construction site shall be temporarily enclosed with a six(6'-0")foot high chain-link fence during the length of construction of the residential structure. 19.The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. P.C. Resolution No. 2005-19 Page 7 20.The property owner shall take no action that would interfere with, impede the flow of, or reduce the effectiveness in any manner of the private drain located on the subject property, 21.All other conditions of approval contained within P.C. Resolution No. 89-29 shall remain in full force and effect. P.C. Resolution No. 2005-19 Page 8