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PC RES 2006-022 P.C. RESOLUTION NO. 2006- 2 RESOLUTION OF THE PLANNING I I F THE CITY OF RANCHO PALPALOS VERDES CONDITIONALLY APPROVING A GRADING PPR L (PLANNING CAS ® Z 2 0400517) FOR 4,463 CUBIC YARDS F GRADINGFOR THE CONSTRUCTION OF A NEW5,041- SQUARE-FOOT ,041- A - T 2-STORY SINGLE-FAMILY RESIDENCE, LOCATED T 3 142 CARTIER DRIVE WHEREAS, on September 29, 2004, the applicants, Shamim Abdulalim and Aziz . Mohammed, submitted an application for Planning Case No.ZON2004-00517 for a grading approval to allow the construction of a new, 2-story single-family residence on an upslope lot on Cartier Drive in the Palos Verdes Monaco community; and, WHEREAS, on March 17, 2006, the application for Planning Case No. ZON2004-00517 was deemed complete by Staff; 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 approval of the requested grading.approval would have a significant effect on the environment and,therefore,the proposed project has been found to be categorically exempt (Section 15303(a)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on April 25, 2006, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a grading approval to allow 4,463 cubic yards of grading for the construction of a new 5,041-square-foot 2-story single-family residence to the subject property: A. The grading does not exceed that which is necessary forthe permitted primary use of the lot. Most of the proposed grading is for cut (4,356 CY) that is roughly split between the building footprint and the remaining area of the lot, including the driveway. A relatively small amount of fill (107 CY) is proposed on the slope in the front-yard setback area. Although a large amount of total grading is proposed (4,463 CY), the purpose of the grading is to allow the house to be set down into the existing slope and to maintain the maximum 20-percent driveway slope permitted by the Development Code. It does not allow for the creation of expansive yard areas beyond the proposed building footprint. B. 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 highest ridgeline of the proposed house will be only one foot inch (1'-I") above the highest point of existing grade covered by the structure. The existing homes directly above the subject property are located at least thirty feet (30'-0") higher than the highest ridgeline of the proposed house. The lot to the south of the subject property is undeveloped and the views from the new home under construction to the north are oriented to the west, not toward the subject property to the south. Overall, the grade of the lot will be generally lower than the existing condition. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing "natural" contours of the project site are largely the result of past mass grading for the development of the neighborhood. With the exception of the building footprint, the driveway and motorcourt, and a limited area just outside the building footprint, the remainder of the site will be re-graded to a sloping condition above and below the house that is similar to the existing condition of the lot. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. The existing "natural"contours of the project site are largely the result of human alteration in the past, and there are no significant natural topographic features that would be disturbed by the proposed grading. E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character. Although it would be the largest house in the neighborhood, it would be only 28% larger than the average home and 3% larger than the next largest home. The proposed Mediterranean architectural style and materials are compatible with most of the homes in the immediate neighborhood. The bulk and mass of the project will be minimized by the articulation of the front facade and the setback of the second-floor facade by nearly fourteen feet (14'-0") from the first-floor fagade. In addition, the project will significantly exceed the minimum property line setback requirements, which is compatible with the pattern of development in the neighborhood. F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction P.C. Resolution No. 2006-22 Page 2 of 9 on hillside areas, is not applicable to the proposed project because it is not a new residential tract. G. The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable to the proposed project because it does not involve modifications to streets or other public infrastructure. H. The required finding that the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation is not applicable to the proposed project because there is no evidence of natural landscape or wildlife habitat on the subject property,which is a vacant lot in an established single-family neighborhood. I. The grading conforms to certain City standards for grading on slopes, creation of new slopes, heights of retaining walls, and maximum driveway steepness. Specifically, slopes adjacent to the driveway will not exceed 67-percent steepness; the maximum depth of fill is less than five feet (5-0"); no grading is proposed on slopes in excess of 50-percent steepness;only one 3Y2-foot-tall downslope retaining wall is proposed; only one upslope retaining wall less than five feet (6-0") tall is proposed adjacent to the driveway; and the maximum driveway slope will not exceed 20-percent steepness. J. Pursuant to Section 17.76.040(E)(9)(a) of the Rancho Palos Verdes Development Code, the proposed grading on a slope equal to or exceeding thirty-five percent (35%)shall be allowed on the subject property because it is a legally subdivided lot created prior to November 25, 1975, and because the Planning Commission finds that the grading will not threaten public health, safety and welfare. K. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development Code, the proposed 25-foot depth of cut is reasonable and necessary because of the steepness of the slope on this existing legal lot,which resulted from the grading of the neighborhood prior to the City's incorporation. L. Deviations from certain City standards for grading on slope, creation of new slopes, and heights and number of retaining walls are warranted. Specifically, the slope above the house is proposed to be 50-percent steepness; two upslope retaining walls totaling fourteen feet (14'-0") in combined height are proposed; and sideyard retaining walls up to 8 to 12-feet-tall are proposed. These deviations are warranted because: L The criteria of subsections (E)(1) through (E)(8) of RPVDC Section 17.76.040(E) section are satisfied. P.C. Resolution No. 2006-22 Page 3 of 9 ii. The approval is consistent with the purposes set forth in subsection A of the City's grading regulations, which stated purpose is to "[permit] reasonable development of land..."; to "[ensure]that the development of each parcel of land...occurs in a manner harmonious with adjacent lands..."; and to "[ensure] that each project complies with the goals and polices of the General Plan...." The proposed grading and retaining walls are consistent with these purposes because they will allow reasonable use of the property, will not adversely affect surrounding properties, and will be consistent with the Residential 1-2 DU/acre land use designation for the area. iii. Departure from the standards in subsection (E)(9)will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The subject property has an average slope of approximately forty-one percent (41%). The deep excavations and tall rear- and sideyard retaining walls will allow the house to be set down into the existing slope, but will not allow for extensive yard areas surrounding the building footprint. This is consistent with the pattern of development exhibited by the most-recently approved homes in the immediate neighborhood (30120 and 30130 Cartier Drive), while restricting the depth of cut and height and/or number of retaining walls would prevent the reasonable use of the property. In addition, retaining walls that deviate from the standards of RPVDC Section 17.76.040(E)(9)will only be readily visible from the subject property, and not from surrounding properties or rights-of-way. iv. Departure from the standards of subsection (E)(9)will not be detrimental to the public safety nor to other property. The City's geotechnical consultant has granted conceptual approval of the project, and additional review and analysis will be required before the soil engineering report for the grading, retaining walls and structure is granted final approval for construction. The applicant will also be required to obtain a building permit for the project, including the review of site drainage. Section 2: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.76.040(H) 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 fifteen (15)days following April 25, 2006, the date of the Planning Commission's final action. Section 3: 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 conditionally approves a grading approval (Planning Case No. ZON2004-00517) 4,463 cubic yards of grading for the construction of a new 5,041-square-foot 2-story single-family residence, located at 30142 Cartier Drive, subject to the conditions of approval in the attached Exhibit W. P.C. Resolution No. 2006-22 Page 4 of 9 PASSED, APPROVED, AND ADOPTED this 25th day of April 2006, by the following vote: AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg and Tetreault, Vice Chairman Gerstner and Chairman Knight NOES: none ABSTENTIONS: none ABSENT: none irr� t roan Joe ojas, A P t-� Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resonation No. 2006-22 Page 5 of 9 EXHIBIT ' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2004-00517 (Abdulailm-Mohammed, 30142 Cartier Drive) General Conditions: 1 Prior tothe submittal of plans into Building and Safety plan check,the applicant and 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 Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. 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 shall apply. 3. This approval is for4,463 cubic yards of grading forthe construction of a new 5,041- square-foot ,041-square-foot 2-story single-family residence. The Director of Planning, Building and Code Enforcement 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. Otherwise, any substantive change to the project shall require approval of a revision to the grading approval by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-2 district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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 Department of Planning, Building and Code Enforcement and approved by the Director. P.C. Resolution No. 2006-22 Page 6 of 9 Otherwise, a grading approval revision must be approved prior to further development. 7. 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. 8. 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 Resolution. 9. 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. 11. The approved project shall maintain a maximum of 40% lot coverage (35.5% proposed). Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 12. A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9° in width and 20° in depth, with minimum 7° vertical clearance. 13. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed 2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W incandescent (or equivalent). 14. The applicant shall obtain an encroachment permit from the Director of Public Works for the proposed curb cut and any other temporary or permanent improvements within the public right-of-way of Cartier Drive. 15. Prior to building permit final, the applicant shall submit a site landscape plan, including the parkway of Cartier Drive,for the review and approval of the Director of Planning, Building and Code Enforcement. The landscape plan shall incorporate drought-tolerant plant species and low water use irrigation systems. All new trees P.C. Resolution No. 2006-22 Page 7 of 9 and shrubs shall be maintained so as not to significantly impair views from surrounding properties. The approved site landscaping shall be installed within ninety (90) days of building permit final. Grading Conditions: 16. This approval is for a 5,041-square-foot, 2-story single-family residence, consisting of 2,036 square feet of living area and a 660-square-foot garage on the first floor, and 2,345 square feet of living area on the second floor. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 17. The maximum ridgeline of the approved project is 139.17'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 18. The approved residence shall maintain setbacks of 35'front, 51' rear, 16' north side and 12' south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 19. The permitted grading quantities for the house,driveway and retaining walls shall be as follows: Area Cut Fill Total Earth Movement Net Earth Movement House 2,174 CY 0 CY 2,174 CY <2,174 CY> Footprint Outside 2,182 CY 107 CY 2,289 CY <2,075 CY> Footprint I Total 4,356 CY 1 107 CY 4,463 CY <4,249 CY> The maximum depth of cut shall be 25 feet and the maximum depth of fill shall be 3 feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED. 20. The applicant shall furnish the City with copies of landfill receipts for the approved export of 4,249 cubic yards of material prior to Building Permit final. 21. The maximum height of the downslope retaining wall along the front property line shall not exceed 3Y2 feet in height. The maximum height of the upslope retaining wall adjacent to the driveway shall not exceed 5 feet in height. The maximum height of the retaining wall in the northerly side yard shall vary from 5 feet to 8 feet in height. The maximum height of the retaining wall in the southerly side yard shall vary from 5 feet to 12 feet in height. The maximum heights of the two upslope P.C. Resolution No. 2006-22 Page 8 of 9 retaining walls in the rear yard shall be 4 feet and 10 feet,with a minimum horizontal separation of 3 feet to be provided between the walls. 22. Maximum new slopes shall not exceed 67% adjacent to the driveway and motorcourt, and 50% elsewhere on the property. 23. The applicant shall prepare a haul route plan for trucks hauling spoils from the project site to where this material will be disposed. The plan shall be approved by the Director of Public Works before the City issues the project a grading permit. Haul routes used to transport soil exported from the project site shall minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in Condition No. 10 of this Resolution. 24. Maximum driveway slopes shall not exceed 20 percent. MAProjects\ZON2004-00517(Abdulalim,30142 Cartier Dr)\PC Resolution 2006-22.doc P.C. Resolution No. 2006-22 Page 9 of 9