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PC RES 2007-051 P.C. RESOLUTION NO. 2007-51 RESOLUTION F THE PLANNING I I F THE CITY OF RANCHOPALPALOS VERDES APPROVING , ZON2007-00242, REVISION F HEIGHT VARIATION PERMIT AND GRADINGPERMIT (CASE N ®Z 2005-00067)TO ALLOW FOR A TOTAL F 11,1180 CUBIC YARDS OF GRADINGON-SITE, IN WHICH1,160 CUBIC YARDS OF CUT AND 20 CUBIC YARDS OF FILL ARE PROPOSED, AND ALLOWING A UA E FOOT OF ADDITIONAL SUBTERRANEAN GA G AREA I ASSOCIATION WITH A 4,344 SQUARE FOOT NEW RESIDENCE AND A 1,117 SQUARE FOOT GARAGE PREVIOUSLY PP VE LOT LOCATED AT 6409 VIA CARADA. WHEREAS, on January 10, 2006, the Planning Commission approved a Height Variation application and Grading Permit application (hereinafter referred to as ZON2005- 00067), for the construction of a new 4,890 square foot two-story split-level residence with an overall height of 26-feet, and 996 cubic yards of grading, for property located at 6409 Via Canada; and, WHEREAS, on June 27, 2006, the Planning Commission approved a revision to a Grading Permit application (hereinafter referred to as ZON2006-00321) to allow for additional 200 cubic yards of excavation to accommodate the expansion of the approved 546 square feet by 571 square feet; and, WHEREAS, on May 30, 2007,the applicant submitted a Grading Permit application (hereinafter referred to as ZON2007-00242), to request the expansion of the 1,117 square foot garage by additional 688 square feet; and, WHEREAS, on June 20, 2007, the project was deemed generally complete for processing; 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. seg., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances Statement), Staff found no evidence that ZON2007-00242 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 one new single-family residential structure; 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 July 24, 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 HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot. All of the proposed grading is under the building footprint; thus, the proposed grading is considered necessary and not excessive. Section 2® The grading and related construction will not significantly adversely affect the visual relationships nor the views from neighboring properties since the grading will be conducted under the approved building footprint, and therefore not visible from the street of access. Section 3: The resulting appearance will not significantly change the appearance of the immediate neighborhood and the residence will be compatible with the immediate neighborhood. The architectural style, roofing material, exterior finishes, number of stories and building materials will be consistent with other homes in the neighborhood. The roof covering over the entry to the residence will be modified to include one vertical column, a lower roof cover, and eliminate the fascia and provide roof eaves with exposed rafters that are similar in design to the hip elements on either side of the proposed residence. Furthermore, although the resulting structure size will be the largest in the immediate neighborhood, it is not a significant deviation from the structure sizes of the immediate neighborhood, and 3,129 square feet of the residence will not be evident since the area will be in the lower level of the new residence, which is due to the proposed split-level design. Furthermore, due to the proposed split-level design, the structure will continue to look like a one-story residence when viewed from the street. With the revision, the proposed grading will be conducted entirely under the approved footprint of the new residence and will have no bearing on the alteration of the appearance approved by the Planning Commission on January 10, 2006 Section 4e The grading application is consistent with the purpose and intent of the Section 17.76.040.A, since grading on slopes over 35% is permitted if the lot was recorded and legally subdivided on or before November 25, 1975. Furthermore, except for the excavation of a basement or cellar, a fill or cut should not exceed a depth of five (5) feet and is not allowed on slopes exceeding fifty (50%) percent, except where the Planning Commission determines that unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary. Although the applicant's request for excavation calls out for a cut up to 9'-6" in height, a minimum vertical clearance of 7' is required for a garage; as such, the proposed depth of cut for the garage expansion is necessary. Since the proposed excavation will occur at the subterranean level, this request presents a circumstance different than had the grading been proposed on an area of the lot where the resulting appearance would be readily apparent. Section 5m 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 approves Case No. Z®N2007- 00242 for a revision of sleight Variation Permit and Grading Permit (Z®N2005-00067), thereby allowing for a total of 1,180 cubic yards of grading, which is less than the amount approved on June 27, 2006 (1,196 cubic yards), subject to the conditions contained in P.C. Resolution No. 2007-51 Page 2 Exhi.�it "A" attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. resoLI Section 6., The time within which the judicial review of the decision reflected in this tion, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Sectlion7: 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 stating the grounds of the appeal and with the appropriate appeal fee, no later than 5:30 P.M. on August 8, 2007. PASSED, APPROVED, AND ADOPTED this 24 ffi day of July 2007, by the following vote: AYES: Commissioners Karp, Lewis, Vice Chairman Peres tam and Chairman Gerstner NOES: Commissioner Ruttenberg ABSTENTIONS: None ABSENT: Commissioners Knight and Tetreault `-7/'22--V/0-7 Sill Gerstner ill Planning Commission Chairman Joel Ro as, AICP Dire Nos, Ilannin", Uilding and - Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-51 Page 3 Exhibit "A" Conditions of Approval Case No. ZON2007-00242 (Revision ® Height Variation & Grading Permit ZON2005-00067) 1. The Exhibit"A", Conditions of Approval, of the P. C. Resolution ZON2006-00001 shall be incorporated into these conditions of approval and shall remain in full effect. 2. 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. 3. 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. 4. A total of 1,180 cubic yards of grading is permitted by this approval, consisting of 1,160 cubic yards of cut and 20 cubic yards of fill. The maximum depth of cut shall be 9'-6". 5. Prior to building permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a haul route from the Director of Public Works. 6. Construction of the approved project shall substantially comply with the plans originally stamped APPROVED and with the RS-2 district and site development standards of the Rancho Palos Verdes Development Code. 7. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 8. 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 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 this condition. 9. 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. P.C. Resolution No. 2007-51 Page 4 10.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. 2007-51 Page 5