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PC RES 2006-025 P.C. RESOLUTION NO. 2006-25 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDESCONDITIONALLY APPROVING A HEIGHT VARIATION,GRADING APPROVAL AND SITE PLAN REVIEW(PLANNING CASE NO. ZON2005- 00370) FOR 704 CUBIC YARDS F GRADING FOR THE CONSTRUCTION F A NEW4,510-SQUARE-FOOT 2- STORY SINGLE-FAMILY RESIDENCE AND RELATED ACCESSORY STRUCTURES, LOCATED AT 4206 EXULTANT DRIVE WHEREAS, on July 18, 2005, the applicant, Melissa Harris, submitted an application for Planning Case No.ZON2005-00370 for a height variation,grading approval and site plan review to allow the demolition of an existing 1-story single-family residence and the construction of a new, 2-story single-family residence on an pad lot on Exultant Drive in the Seaview community; and, WHEREAS, on April 14, 2006, the application for Planning Case No. ZON2005-00370 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 height variation, grading approval and site plan review 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 May 23, 2006, 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 Planning Commission makes the following findings of fact with respect to the application for a height variation to allow the construction of a new, 4,510- square-foot 2-story single-family residence on the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 34% of the property owners within a 500-foot radius of the subject property and 70% of the property owners within a 100-foot radius of the subject property. S. The proposed structure that is above sixteen feet in height does not significantly impair a view from public property(parks, major thoroughfares, bikeways,walkways or equestrian trails),which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas because the subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan as a City-designated viewing area. C. The proposed structure is not located on a ridge or promontory; rather, the subject property is a graded pad lot surrounded by similar pad lots that were all created when the neighborhood was originally graded.and developed in the late 1950s. D. The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel because the proposed new residence does not exceed the 16-foot"by right" height limit for a pad lot. As such, any views that are impaired by the proposed structure would be impaired by a structure that is no more than sixteen feet (16'-0") tall as measured from the existing building pad. Since this height variation finding is concerned with impairment of views as a result of portions of a project in excess of sixteen feet (16'-0") in height, there can be no view impairment from the viewing area of another property—as defined in the City's Development Code—as a result of the proposed project. E. The required finding that, if view impairment exists from the viewing area of another parcel but it is determined not to be significant, the proposed new structure that is above sixteen feet in height is designed and situated in such a manner as to reasonably minimize impairment of a view, does not apply because the portion of the proposed project that is above sixteen feet (16'-0") in height does not result in significant view impairment from the viewing area of another parcel. P. There is no significant cumulative view impairment caused by granting the application because the portion of the proposed project that is above sixteen feet (16'-0") in height does not result in significant view impairment from the viewing area of another parcel. G. The proposed structure complies with all other Code requirements, including the RS-4 zoning district development standards with respect to lot coverage and setbacks, and the off-street parking requirements for single-family residences. H. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of the residence and all ancillary structures; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building P.C. Resolution No. 2006-25 Page 2 of 11 materials; and front-, side-, and rear-yard setbacks. I. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences because the exterior west and south facades of the proposed house would be located in generally the same position as the existing facades at these locations. There is no unreasonable infringement upon the privacy of abutting residences as a result of the existing residence, nor will there be any unreasonable infringement as a result of the proposed project. Similarly, the proposed covered patio at the rear of the house will present no more potential for the infringement of the privacy of abutting residences than does the existing rear yard area of the lot. Section 2: The Planning Commission makes the following findings of fact with respect to the application for a grading approval to allow 704 cubic yards of grading for the construction of a new 4,510-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. The majority of the proposed grading (521 cubic yards)would fall within the footprint of the proposed residence, mainly for the excavation of the garage and basement. The balance of proposed grading (183 cubic yards), which amounts to less than one quarter of the total grading quantity, would involve a maximum of two feet (2'-0") of fill at the front and rear of the house to level the pad. 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. As discussed in Finding 1 D.above, the proposed project results in no view impairment from the viewing area of another property. The existing pad elevation outside the building footprint will be raised no more than two feet (2'-0") above existing grade, which should have no significant impacts upon views or visual relationships. Furthermore, the lot is being graded down within the building footprint and maximum height of the proposed residence would be lower than the existing residence and would not exceed the 16-foot"by right" height limit. 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. The top of the slope in the rear yard would be altered by the proposed project, but the remainder of the descending slope would remain. 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 P.C. Resolution No. 2006-25 Page 3 of 11 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, as discussed in Finding 1 H above. 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 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 developed 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"); only one 3y2-foot-tall downslope retaining wall is proposed; and the maximum driveway slope wilLnot exceed 20-percent steepness. J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development Code, the proposed 9-foot depth of cut is reasonable and necessary because it is for the excavation of a basement. K Deviations from certain City standards for grading on slopes and the number and height of retaining walls adjacent to the driveway are warranted. Specifically,fill and a 3Y2-foot-tall retaining wall will be placed on the existing 62% descending slope at the rear of the property, and two (2) upslope retaining walls in excess of five feet(5'- 0") in height 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. 2006-25 Page 4 of 11 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's rear yard and vehicular access to the lower-level garage, and will be consistent with the Residential 2-4 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 proposed retaining wall at the top of the existing 62% slope will be located approximately four feet (4'-0") closer to the rear property line, but will be only forty-two inches (42") tall. Most of the existing descending slope will remain unaltered, similar to other properties in the immediate vicinity. With respect to the retaining walls at the driveway, two (2)walls are necessary in order to provide adequate access to the lower-level garage due to the slope of the street of access (Schooner Drive). The walls will be mostly less then five feet (F-O") tall except where they meet the wall of the house, where they will be approximately seven feet (7'-0") tall. As a corner lot, the subject property is not typical of the other lots in the immediate vicinity. 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 and slope stability during excavation. Section 3: The Planning Commission makes the following findings of fact with respect to the application for site plan review to allow a new pool, spa, rock waterfall and related equipment; a built-in barbecue on the rear patio; air conditioning compressor on the street side of the house; and a fountain and low seat wall in the front yard: A. The approved accessory structures and uses shall fully comply with the RS-4 district development standards and other applicable provisions of the Development Code. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)and 17.76.040(H)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed P.C. Resolution No. 2006-25 Page 5 of 11 with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following May 23, 2006, the date of the Planning Commission's final action. Section 5: 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 height variation, grading approval and site plan review(Planning Case No. ZON2005-00370)for 704 cubic yards of grading for the construction of a new 4,510-square-foot 2-story single- family residence and related accessory structures, located at 4206 Exultant Drive, subject to the conditions of approval in the attached Exhibit W. P.C. Resolution No. 2006-25 Page 6 of 11 PASSED, APPROVED, AND ADOPTED this23 `d day of May 2006, by the following vote: AYES: Commissioners Lewis, Perestam, Ruttenberg and Tetreault, Chairman Knight NOES: none ABSTENTIONS: none ASSENT: Commissioner Karp and Vice Chairman Gerstner Ji nigh C ars Joel ja , AICP ®irec or f Plannin�e�,Eu ding and a Enforceand, Secretary to the Planning Commission P.C. Resolution No. 20069-5 Page 7 of 11 EXHIBITW CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2005-00370 (Harris, 4206 Exultant Drive) General Conditions: 1. Prior to the 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 for 704 cubic yards of grading for the construction of a new 4,510- square-foot 2-story single-family residence and related accessory structures. 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 height variation, grading approval and/or site plan review 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-4 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. 2006-25 Page 8 of 11 Otherwise, a height variation, grading approval and/or site plan review 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 50% lot coverage (40% 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 widened curb cut on Schooner Drive and any other temporary or permanent improvements within the public rights-of-way of Exultant Drive or Schooner Drive. 15. Prior to building permit final, the applicant shall submit a site landscape plan, including the parkways of Exultant Drive and Schooner Drive, for the review and approval of the Director of Planning, Building and Code Enforcement. The P.C. Resolution No. 2006-25 Page 9 of 11 landscape plan shall incorporate drought-tolerant plant species and low water use irrigation systems. All new trees and shrubs shall be maintained so as not to exceed sixteen feet (16'-0") in height or the highest ridgeline of the house, whichever elevation is lower, 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. Height Variation Conditions: 16. This approval is for a 4,510-square-foot, 2-story single-family residence, consisting of 471 square feet of living area and a 715-square-foot garage on the lower (basement)level, and 3,324 square feet of living area on the main 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 112.06'. 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 21'front, 22' rear, 12'street side and 6.42' interior side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. Grading Conditions: 19. The permitted grading quantities forthe house,driveway and retaining walls shall be as follows: Area Cut Fill Total Earth Movement Net Earth Movement House 517 CY 4 CY 521 CY <513 CY> Footprint Outside 73 CY 110 CY 183 CY 37 CY Footprint Total 590 CY 114 CY 704 CY <476 CY> The maximum depth of cut shall be 9 feet and the maximum depth of fill shall be 2 feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED. 20. The applicant shall furnish the City with copies of landfill receipts for the approved export of 476 cubic yards of material prior to Building Permit final. P.C. Resolution No. 2006-25 Page 10 of 11 21. The maximum height of the downslope retaining wall at the top of the slope shall not exceed 31/2 feet in height. The maximum height of the upslope retaining walls adjacent to the driveway shall not exceed 7 feet in height outside the street-side setback, and 3'/2 feet in height within the street-side setback. 22. Maximum new slopes shall not exceed 67% adjacent to the driveway, 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. The maximum driveway slope shall not exceed 20 percent. Site Plan Review Conditions: 25. The new pool, spa, rock waterfall and related equipment shall maintain a minimum 5-foot setback from the interior side property line. Pool fencing shall be provided as per Development Code standards. 26. The maximum height of the fountain, low seat wall and any other freestanding walls and fences within the front and street-side setback areas shall not exceed forty-two inches (42") in height. 27. The air conditioning compressor on the street side of the house shall be located outside of the required 10-foot setback area, and shall be screened from view by a solid enclosure no more than forty-two inches (42") in height. M:\Projects\ZON2005-00370(Harris,4206 Exultant Dr)\PC Resolution 2006-25.doc P.C. Resolution No. 2006-25 Page 11 of 11