Loading...
PC RES 2007-025 P.C. RESOLUTION NO. 2007-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION AND GRADING PERMIT (Z N2006®00528) TO CONDUCT 1,882 CUBIC YARDS OF GRADING TO ACCOMODOMATE A NEW 6,222 SQUARE FOOT, TWO STORY, SINGLE FAMILY RESIDENCE AND A DRIVEWAY ACCESS ON 27591 PALOS VERDES DRIVE EAST AN CONDUCT 302 CUBIC YARDS OF GRADING TO ACCOMMODATE A DRIVEWAY ACCESS ON 27601 PALOS VERDES DRIVE EAST. WHEREAS, on July 22, 1997, the Planning Commission adopted Resolution No. 97-37, thereby approving Tentative Parcel Map No. 24235 and Grading Permit No. 1974 to allow for the subdivision of 27601 Palos Verdes Drive East into two lots (27601 PUDE & 27591 PUDE) and to create the necessary access driveway to 27591 Palos Verdes Drive East; and, WHEREAS, on February 11, 1999, the City Council approved Final Parcel Map #24235. Grading Permit No. 1974, however, expired due to inactivity. Consequently, the applicant applied for a new grading application to reinstate the previously approved permit. Subsequently, on July 16, 2002, the Director approved a grading permit that included 200 cubic yards of fill, 200 cubic yards of cut, and the construction of 2 retaining walls not to exceed 3'-5" to accommodate a new driveway that provided access to both 27601 Palos Verdes Drive East and 27591 Palos Verdes Drive East; and, WHEREAS, on October 4, 2006, the applicant submitted a Height Variation and Grading application, requesting 302 cubic yards of grading to accommodate a driveway on 27601 Palos Verdes Drive East and 1,882 cubic yards of grading to accommodate a driveway and a 6,222 square foot new residence on 27601 Palos Verdes Drive East. The proposed structure height is 26'-0" as measured from the point where the lowest foundation (445.00) meets finished grade, to the ridgeline (471.00); and 16-0", as measured from the highest existing grade (455.00) to the ridgeline (471.00); and, WHEREAS, on March 5, 2007, staff deemed the Height Variation and Grading application complete; 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. seg., 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 3 (Section 15303); and, WHEREAS, after noticed issued on March 7, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 10, 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: P.C. Resolution No. 2007-25 Page 1 of 8 Section 1: That the approved project includes 302 cubic yards of grading to relocate an access driveway for an existing residence at 27601 Palos Verdes Drive East and 1,882 cubic yards of grading to accommodate a driveway and a 6,222 square foot new residence on 27591 Palos Verdes Drive East. The structure height is 26'-0" as measured from the point where the lowest foundation (445.00) meets finished grade, to the ridgeline (471.00); and 16-0", as measured from the highest existing grade (455.00)to the ridgeline (471.00). Section : That the Height Variation is warranted because the applicant has complied with the early neighbor consultation process established by the city. A total of 8 (30%) landowner signatures from the 27 properties within the City of Rancho Palos Verdes within the 500' radius, of which 4 (100%) are within the 100-foot radius has been collected. Section 3: That the Height Variation is warranted because the proposed new structure that is above 16' in height or addition to an existing structure that is above 16' in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails) which has been identified in the city's general plan or coastal specific plan, as city-designated viewing areas. Specifically, the City's Conceptual Trails Plan identifies a point to point pedestrian/equestrian trail segment referred to as the Deadman's Curve Segment that begins where the Narbonne right-of-way meets Palos Verdes Drive East and extends northward along the east side of Palos Verdes Drive East to the City's border with Rolling Hills Estates, given that the subject property is on the west side of Palos Verdes Drive East and the building pad is elevated approximately 30' from the public right-of-way, the proposed project does not impair a view from the said conceptual trail. Section 4: That the Height Variation is warranted because the subject property is located within a fully developed single-family residential tract and the proposed new structure is not located on a ridge or a promontory, as defined in the Development Code. Section 5: That the Height Variation is warranted because the area of the proposed new structure that is above 16' in height when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The view that the immediate neighbors currently enjoy are in the eastern direction of the harbor and the city lights. Given that the building pads of the properties to the west of the subject property are elevated approximately 30' higher, the proposed project does not impair their view. Section 6: That the Height Variation is warranted because there is no significant cumulative view impairment caused by granting the application. Specifically, there is a difference in building pad elevation (20'-30') between the subject parcel and parcels located to the west, and a similar two-story addition on top of the existing single story portion of neighboring parcels will not have any adverse impact to the properties located to the west. Section 7: That the Height Variation is warranted because the proposed structure complies with all other development code requirements including, but not limited to setbacks, lot coverage, height, and enclosed parking. Section 8: That the Height Variation is warranted because the proposed structure is compatible with the immediate neighborhood character. Over a third (8) of the 20-closest homes are larger than the average size and the proposed resulting size of the residence will not be the largest in the immediate neighborhood. Furthermore, the proposed addition includes multiple roof planes, setbacks, and balconies to visually break up the front fagade, which gives the resulting structure a less massive appearance. Additionally, the building pad level is P.C. Resolution No. 2007-25 Page 2of8 approximately 30' higher than the elevation of Palos Verdes Drive East and there is existing foliage which is 60'-70' deep, as measured from the public right-of-way. As such, the proposed residence would not be readily visible from the travelers on Palos Verdes Drive East due to the foliage obstruction and difference in elevation level. Finally, the architectural design of the proposed new residence uses elements found in various architectural styles like Spanish Colonial, Mediterranean/Italian Renaissance, and Monterey. The residences within the immediate neighborhood vary in architectural style, borrowing elements commonly found in Spanish Colonial, Monterey, Mediterranean/Italian Renaissance and California Ranch. Additionally, the lot coverage is similar to other properties within the immediate neighborhood and lower than the maximum required of 40% in a RS-2 zoning district. Section 9: That the Height Variation is warranted because the proposed new residence does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The westerly properties that abut the subject property's rear property line are located to the west and approximately 30' higher in elevation. As such, the proposed 26' tall new residence will not create any privacy infringement to the westerly properties. The property located to the north is approximately 20'-25' lower than the building pad of the subject property. The proposed north side setback of 17.8' and the existing foliage along the side property line will hinder the future occupants of the proposed residence from looking in the rear yard of the northerly neighbor. In regards to the southerly neighbor, only the upper floor of the proposed new residence will be visible and the entire first floor will appear subterranean. Furthermore, the proposed two windows on the south side of the proposed new residence will only look over the roof of the southerly neighbor. Section 10: The Grading is warranted because it does not exceed that which is necessary for the permitted primary use of the lot. Specifically, the proposed project is in a RS- 2 zoning district, in which the primary use of the lot is residential. The proposed grading is to accommodate a new single family residence and a driveway access for both parcels (Lot 1 & Lot 2). Section 11: The Grading is warranted because the proposed grading and/or related construction do not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties. The existing site is elevated 30' higher than Palos Verdes Drive East and heavily screened by the existing landscape between the subject property (Lot 1) and Palos Verdes Drive East. As such, the proposed grading and related improvements would not be readily visible due to the existing landscaping and the elevation difference. Section 12;12; The Grading is warranted because the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. Specifically, the proposed grading outside the proposed footprint will closely follow existing contour lines and the new residence will be built on the existing building pad. Section 13:13: The Grading is warranted because 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 slope around the proposed driveway will be blended into the proposed retaining walls. Additionally, the re-sculpted slope above the driveway will lead up to the proposed residence, carefully blending the slope from the driveway to the proposed structure. P.C. Resolution No. 2007-25 Page 3 of 8 Section 14: The Grading is warranted because the grading and/or related construction is compatible with the immediate neighborhood character. Specifically, a majority of the 20-closest residences have either an upslope or downslope in the front yard with a building pad located at the rear of the lot. Consequently, grading has been conducted to accommodate the driveways on the slopes that lead up to the primary residence. As such, the grading proposed for the driveway access along with the proposed new residence (see Section 8) is compatible with the layouts of other residences in the immediate neighborhood. Section 15: The Grading is warranted because the subject property does not have natural landscape or wildlife habitat as described in the General Plan or City's NCCP Natural Vegetation Map, and therefore, the proposed grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. Section 1 : A deviation to Grading criteria (E)(9)(e)(iv) to permit two retaining walls adjacent to the driveway, instead of the maximum one allowed, is approved because: The proposed grading satisfies all other criteria in the grading section; and, Approval is consistent with the purpose of the grading section, in that the proposed grading and construction of the two retaining walls adjacent to the driveway access is consistent with what exists on other properties within the immediate neighborhood; and, Departure from grading criteria (E)(9)(e)(iv) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity because there are other properties in the immediate neighborhood that have similar retaining walls adjacent to a driveway; and, Departure from grading criteria (E)(9)(e)(iv) will not be detrimental to the public safety nor to other property because the applicant must obtain the applicable building permits from Building and Safety Department to ensure the project will comply with all current building codes. Section 17: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, April 25, 2007. A $1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on April 25, 2007. Section 18: For the foregoing reasons and based on the information and findings included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby approves the sleight Variation and Grading Permit (Case No. ZON2006-00528). P.C. Resolution No. 2007-25 Page 4 of 8 PASSED, APPROVED AND ADOPTED this 10th day of April 2007, by the following vote: AYES: Commissioner Karp, Knight, Ruttenberg, Vice Chairman Perestam, Chairman Gerstner NOES: Commissioner Tetreaul t ABSTENTIONS: Plane ABSENT: fovidissioner Lewis Bill Gerstner, Chairman JoelAICP Dire Plann4)' Building and U0orj "IEnforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2007-25 Page 5 of 8 Exhibit"A" Conditions of Approval Case No. ZON2006-00528 (Height Variation &grading Permit) 27591 Palos Verdes Drive East General 1. 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. 2. The approval shall become null and void after 1 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, 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. 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. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or conditions. 5. 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. 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. 6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 7. 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, appliances or other household fixtures. 8. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. P.C. Resolution No. 2007-25 Page 6 of 8 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. 10. All utilities to and on the lot shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect at the nearest trunk line at the property owner's expense. 11. All drainage swales shall have the cement colored to earth tones, as approved by the Director of Planning, Building, and Code Enforcement. 12. A drainage and erosion control plan and necessary support documents to comply with the following requirements must be approved prior to issuance of grading/building permits: a. Provide drainage facilities to remove any flood hazard to the satisfaction of the City Engineer and conduct all site drainage by non-erodible means. b. Eliminate the sheet overflow and ponding. c. Provide drainage facilities to protect the parcel from high velocity scouring action. d. Provide for contributory drainage from adjoining properties. 13. Prior to issuance of grading/building permits, obtain clearance for construction from the City Geologist. 14. A preliminary soils report must be approved by the City Geologist prior to issuance of Grading Permits. 15. Prior to issuance of Grading Permits and/or Building Permits, an erosion control plan shall be approved by the Director of Planning, Building, and Code Enforcement. Height Variation & Grading Permit 16. The driveways shall be a minimum of 18' in width. The maximum slope of the proposed driveway shall not exceed a maximum of 20%. 17. 27591 PVDE This Height Variation and Grading Permit allows 1,000 cubic yards of grading (cut) under the building footprint to accommodate the new 6,222 square foot (1,887 sqft. lower floor, 3,379 sqft. upper floor, and 956 sqft. garage), two story, single family residence. 840 cubic yards of grading and two 3'-5" tall retaining walls are allowed adjacent to the new driveway. 42 cubic yards of grading (cut) is allowed to accommodate a 5' tall retaining wall in the rear yard. 18. 27601 PVDE 302 cubic yards of grading and two 3'-5" tall retaining walls are allowed adjacent to the new driveway. 19. Subject to review and approval by the Director of Planning, Building, and Code Enforcement, the applicant shall submit a landscape plan that shows how the proposed P.C. Resolution No. 2007-25 Page 7of8 lower retaining wall will be screened. The applicant shall install said landscape prior to final on the Grading Permit 20. The height of the new residence and retaining walls shall not exceed the measurements shown on the stamped plans, approved by the Planning Commission. The maximum height of the new residence shall not exceed 26', as measured from the point where the lowest foundation or slab meets the finished grade, to the ridgeline or highest point of the structure; and 16', as measured from the pre-construction grade at the highest elevation of the existing building pad covered by the structure to the ridgeline. The height of the retaining walls adjacent to the driveway on 27591 PVDE & 27601 PVDE shall not exceed 3'-5" and the retaining wall in the rear yard of 27591 PVDE shall not exceed 5'. BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 21. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: 20' front, 15' rear, and 5' sides. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS. 22. The approved project shall maintain 31.2%, but in no case shall exceed 40% maximum lot coverage. 23. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 24. A foliage analysis conducted by Staff revealed that several Eucalyptus trees and Pine trees in the rear yard and north side yard of the subject property significantly impair the protected view from 27879 Palos Verdes Drive East. In order to restore the neighboring property's view, the trees in the rear and north side yard that significantly impair a view shall be trimmed and maintained at a height not to exceed the highest ridge of the proposed new residence, prior to Building Permit final. 25. The owner shall obtain approval from the City of Rolling Hills Estates for all grading and driveway improvements located within the City of Rolling Hills Estates prior to issuance of all permits by the City of Rancho Palos Verdes. P.C. Resolution No. 2007-25 Page 8 of 8