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PC RES 2007-011 P.C. RESOLUTION NO. 0 - 1 RESOLUTION THE PLANNING COMMISSION OF THE CITY OF RANCHO L VERDEVERDES RECOMMENDINGCITY COUNCIL APPROVAL F AMENDMENT . 2 TO TRACT MAP NO. 32322 (CASE 0 -00003), AND CONDITIONALAP VAL OF A GRADING PERMIT(CASE NO.ZON2005-00597) FOR A NEW 5,397-SQUARE-FOOT 2-STORY SINGLE-FAMILY RESIDENCE AND 627 CUBIC YR S OF RELATED GRADING, LOCATED AT 30375 DIAMONTE LANE WHEREAS, on October 5, 1982, Tract Map No. 32322 was approved by the Rancho Palos Verdes City Council for the subdivision of a developed 4'h-acre property at 6480 Palos Verdes Drive East into five (5) lots, with Lot 1—a vacant 23,968-square-foot lot—encumbered by bridle trail, private driveway, flood hazard and restricted use easements totaling 20,818 square feet; and, WHEREAS, on March 2, 1993, Amendment No. 1 to Tract Map No. 32322 was approved by the Rancho Palos Verdes City Council to permit 3,402 square feet of Lot 1 to be excluded from the designated flood hazard area, upon showing of good cause for such action by the applicant; and, WHEREAS, on March 25, 2004,the Los Angeles County Superior Court rendered a default judgment in the case of Joseph T. Oliveri v. Palos Verdes Corporation, et al., thereby declaring that the bridle trail easement on Lot 1 of Tract Map No. 32322 was "abandoned and of no further force or effect"; and, WHEREAS, on November 11, 2005, the applicant, Joseph Oliveri, submitted an application for a grading approval (Case No. ZON2005-00597)to allow the development of a new single-family residence on Lot 1 of Tract Map No. 32322 that encroached upon the restricted use area of the lot; and, WHEREAS, on February 14, 2006, the applicant submitted an application for Amendment No. 2 to Tract Map No. 32322 (Case No. SUB2006-00003) to modify the restricted use area on Lot 1 in association with the proposed new residence; and, WHEREAS, on December 20, 2006, the applications were deemed complete for processing 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 tract map amendment and grading approval would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(x)); 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 February 13, 2007, 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 Planning Commission makes the following findings of fact with respect to the request for Amendment No. 2 to Tract Map No. 32322 to modify the restricted use area on Lot 1: A. Section 16.28.010(6) of the Rancho Palos Verdes Development Code permits a final tract map to be amended by a certificate of correction if"there are changes in circumstances which make any of the conditions of the map no longer appropriate or necessary and which modifications do not impose any additional burden on the present fee owner of the property, and which modifications do not alter any right, title or interest in the real property reflected on the recorded map." The restricted use area was originally imposed upon Lot 1 due to unknown soil conditions at the time of subdivision in 1982. However, since the City did not wish to create an it unbuildable" lot, a 3,150-square-foot area in the middle of the lot was re-graded and designated as the"buildable"area at that time. The applicant's plans and soils reports have been reviewed by the City's geotechnical consultant, who agrees that the"buildable"area of the lot may be expanded to encompass the building footprint and the limits of grading for the associated retaining walls and access driveway. However, the restricted use area will be retained on the remaining undisturbed portions of the property that are outside of the flood hazard area or private driveway easement, and a certificate of correction will be recorded to memorialize this change. Section 2: The Planning Commission makes the following findings of fact with respect to the request for a grading approval for 627 cubic yards of grading associated with the construction of a 5,397-square-foot 2-story single-family residence: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. Based upon the underlying RS-2 zoning designation, the primary permitted use of the property is for single-family residential development. Most of the proposed grading is for cut(494 CY)that is primarily within the building footprint. A relatively small amount of fill (133 CY) is proposed, nearly two-thirds of which is proposed within the building footprint in the center of the portion of the house. The total grading quantity (627 CY) is below the 1,000-cubic-yard threshold that would normally require Planning Commission review. 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 proposed project falls within the "by right" height limit P.C. Resolution No. 2007-11 Page 2 of 10 for upslope lots. The nearest properties overlooking the site are located at 17 Diamonte Lane (Boag) and 30511 Palos Verdes Drive East(Schoenwetter),which have views down the canyon in which the project is located towards White Point. The pad elevation at 17 Diamonte Lane is approximately eighteen feet(18') above the highest ridgeline of the proposed residence, while the house at 30511 Palos Verdes Drive East is nearly parallel to and at roughly the same elevation as the proposed project. Furthermore, the grade within the building footprint of the proposed project is being lowered such that the residence will be lower than a similar structure that could have been built in the same location based upon the pre- construction grade. In such circumstances, Section 17.76.040(E)(2)of the Rancho Palos Verdes Development Code states that this finding shall be automatically satisfied. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing contours of the project site are partly natural and the result of past grading of the lot associated with the City's approval of Tract Map. No. 32322. With the exception of the building footprint, the driveway and some retaining walls at the toe of the slope down from the street, the topography of the remainder of the site will remain unaltered and encumbered by a remaining restricted use area. 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. As mentioned above,the existing contours of the project site are partly natural and partly the result of human alteration in the past. There are no significant natural topographic features that would be disturbed by the proposed grading. E. The proposed project is compatible with the character of the twenty (20) nearest homes in the immediate neighborhood in terms of its size, scale, bulk and mass, lot coverage, architectural style and setbacks. The proposed residence is only seven permit (7%) larger than the average home size and would be only the tenth largest out of twenty-one (21) homes. The proposed architectural style is compatible with the diversity of styles of other homes in the immediate neighborhood. The proposed setbacks and lot coverage are also compatible with the pattern of development in the neighborhood. F. The proposed project is not a new residential tract, so the required finding that 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 in this case. C. The proposed project does not involve modifications to streets or other public infrastructure, so 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 in this case. P.C. Resolution No. 2007-11 Page 3 of 10 H. 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, so the required finding that the proposed project would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation is not applicable in this case. 1. The grading conforms to certain City standards for grading on slopes, creation of new slopes, heights of retaining walls, and maximum driveway steepness. Specifically, new slopes will not exceed 35-percent steepness; only one 3Y2-foot-tall upslope retaining wall is proposed;and the maximum driveway slope will not exceed 20-percent steepness. J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development Code, the proposed 12-foot depth of cut and 9-foot depth of fill is reasonable and necessary to correct previous grading and to allow the proposed house to be set down into the grade of the lot. K. Deviations from certain City standards for the number and height of upslope retaining walls adjacent to the driveway are warranted. Specifically,two(2)upslope retaining walls—one 3-foot-tall and one 5Y2-foot-tall—are proposed on each side of the driveway. These deviations are warranted because: i. The criteria of subsections (E)(1) through (E)(8) of RPVDC Section 17.76.040(E) are satisfied. 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. These walls are necessary to provide access to the "tucked- under" garage on the lower level of the house. At their highest point the westerly wall is three feet (3'-0") tall and the lower wall is five feet six inches (5'-6") tall, but both walls taper and eventually "daylight" into the existing grade. Other homes in the immediate neighborhood have similar "tucked- under" garages with adjoining retaining walls. 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 P.C. Resolution No. 2007-11 Page 4 of 10 has granted conceptual approval of the project, and additional review and analysis will be required before the soil engineering report for the grading 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. Section3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 16.12.020(E) and 17.76.040(H)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed 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 February 13, 2007, the date of the Planning Commission's final action. Section 4® For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning Commission hereby recommends City Council approval of Amendment No. 2 to Tract Map No. 32322 (Case No. SUB2006-00003),and conditional approval of a grading permit(Case No. ZON2005-00597)for a new 5,397-square-foot 2-story single-family residence and 627 cubic yards of related grading, located at 30375 Diamonte Lane, subject to the conditions of approval contained in the attached Exhibit`A', attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. P.C. Resolution No. 2007-11 Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 13 th day of February 2007, by the following vote: AYES: Commissi6ners,-Karp, Lewis, Perestam, Ruttenberg and Tetreault, Vide Chairman Gerstner and Chairman Knight NOES: none ABSTENTIONS: none ABSENT: none J, Knight hairman Joel Rojas A 1cp Director P nning,�dding I and Code forcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-11 Page 6 of to XHI IT CONDITIONS F APPROVAL FOR PLANNING CAE NOS. SUB2006-00003 & ZON2005-00597 ( li eri, 30375 Diamonte Lane) 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 the modification to the restricted use area on Lot 1 of Tract Map No. 32322 for the construction of a 5,397-square-foot 2-story single-family residence and 627 cubic yards of related grading. 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 tract map amendment and/or 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. Otherwise, a conditional use permit revision and/or grading approval revision must be approved prior to further development. P.C. Resolution No. 2007-11 Page 7 of 10 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. Trucks and other construction vehicles 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 above. 11. 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. 12. 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). 13. Prior to the issuance of a building permit for the approved project, the applicant shall be responsible for the trimming, thinning, removal or other required action identified by the City to reduce and maintain the following existing foliage on the subject property to a maximum height of sixteen (16) feet: a. The oleander hedge along Diamonte Lane shall be trimmed down to and maintained at a height of forty-two inches (42"), as measured from the adjacent street pavement; and, b. Any other remaining foliage on the subject property shall be trimmed down to and maintained at a height of sixteen feet(16') or the highest ridgeline of the approved residence (962.13'), whichever elevation is lower. P.C. Resolution No. 2007-11 Page 8 of 10 14. Prior to the issuance of a building permit for the approved project, the applicant shall be responsible for the removing the following dead, decayed, diseased or unsightly trees, in accordance with the provisions of Section 8.24.060(1)(c) of the Rancho Palos Verdes Municipal Code: a. The two (2) palm trees at the southerly end of the subject property shall be removed. Tract Map Amendment Conditions: 15. Within one hundred eighty (180) days of the date of the final action on this application,the applicant shall submit a certificate of correction depicted the revised restricted use area on Lot 1 of Tract Map No. 32322 to the City for recordation with the County of Los Angeles. Failure to provide said materials and/or to record the certificate of correction within the stipulated time period shall render this approval null and void. Grading Approval Conditions: 16. This approval is for a 5,397-square-foot,2-story single-family residence. 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 962.13'. 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 20'front, 20' rear,20' north side and 86.33' south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 19. The approved project shall maintain a maximum of 40% lot coverage (38.4% proposed). Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 20. The permitted grading quantities shall be as follows: Area Cut Fill Total Earth Net Earth Movement Movement House 351 CY 83 CY 434 CY <268 CY> Footprint Outside 143 CY 50 CY 193 CY <93 CY> Footprint Total 494 CY 133 CY 627 CY <361 CY> P.C. Resolution No. 2007-11 Page 9 of 10 The maximum depth of cut shall be 12 feet and the maximum depth of fill shall be 9 feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED. 21. The applicant shall furnish the City with copies of landfill receipts for the approved export of 361 cubic yards of material prior to Building Permit final. 22. Haul routes used to transport soil exported from the project site shall be approved by the Director of Public Works. 23. The maximum height of the upslope retaining wall in the front and northerly side yard shall not exceed 3Y2 feet in height. The maximum heights of the two (2) upslope retaining walls adjacent to the driveway shall be 3 feet and 5'h feet. 24. Maximum driveway slope shall not exceed 20 percent (12.5% proposed). 25. Prior to the issuance of a grading permit by the City's Building Official, the applicant shall obtain final approval of the grading plan from the City's geotechnical consultant. The applicant shall be responsible for the preparation and submittal all soil engineering and/or geology reports required by the City's geotechnical consultant in order to grant such final approval, including: a. Sulfate content shall be confirmed through testing, subsequent to grading and prior to construction. b. An as-graded geotechnical report shall be prepared by the project geotechnical consultant following grading and prior to construction on the subject site. The report shall include the results of all field density testing, depth of reprocessing and recompaction, depth of piles/caissons, as well as a map depicting the limits of grading, location of all density testing, and geologic conditions exposed during grading. The report shall include conclusions and recommendations regarding applicable setbacks,foundation recommendations, erosion control, settlement, and any other relevant geotechnical aspects of the site. The report shall contain the new limits of the "Geological Restricted Area." C. As part of the as-graded report required above, the consultants shall include a statement indicating the portion of the undocumented fill removed is no longer considered to be part of the "Geological Restricted Area" and is geotechnically acceptable. M:\Projects\SUB2006-00003(Oliveri,30375 Diamonte Ln)\PC Resolution 2007-11.doc P.C. Resolution No. 2007-11 Page 10 of 10