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PC RES 2007-054 P.C. RESOLUTION NO. 2007-54 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VE DES APPROVING A HEIGHT VARIATION, MINOR EXCEPTION PERMIT, GRADING AND SITE PLAN REVIEW (ZON2006-00491) TO DEMOLISH AN EXISTING SINGLE-STORY RESIDENCE AND CONSTRUCT A NEW TWO-STORY 3,746FT2 RESIDENCE AND GARAGE AT 6913 MAYCROFT DRIVE. WHEREAS, on September 11, 2006, the applicant submitted an application for a Height Variation and Site Plan Review (Case No. ZON2006-00491), a request to demolish an existing 2,397ft2 single-story residence and construct a new 3,794ft2 two-story residence and garage as a replacement; and, WHEREAS, on April 11, 2007, the applications for Height Variation and Site Plan Review were deemed complete by staff; and, WHEREAS, on May 22, 2007, the Planning Commission reviewed the proposed project and raised concerns in regards to bulk/mass, view impairment, cumulative view impairment and privacy impact. The Planning Commission continued the item to July 24, 2007 to allow the applicant time to address the issues raised at the meeting; and, WHEREAS, on June 26, 2007, the property owner requested a continuance to the August 28, 2007 meeting, seeking additional time to redesign and re-silhouette the project; and, WHEREAS, on July 24, 2007 the Planning Commission accepted the property owner's request and continued the item to the August 28, 2007 meeting; 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 Height Variation and Site Plan Review, 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 April 11, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 28, 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: That the proposed project includes the demolition of an existing 2,397ft2 single-story residence and the construction of a new 3,746ft2 two-story residence and garage as a replacement. Section 2: That the Grading is warranted since the proposed 296yd3 of grading resulting from cutting under the building footprint to accommodate a basement level is not excessive; the grading does not impair any views; and the excavation does not affect the P.C. Resolution No. 2007-54 Page 1 of 7 current appearance of the slope from the public right-of-way or from other residences. Lastly, the subject property was a lot of record legally existing as of November 25, 1975 and no finish slopes greater than 35%will be created. Section 3: That the Grading is warranted because departure from the standards to permit a retaining wall in the side yard greater than 3'-6" is consistent with the goals and policies of the general plan. The new revision is a unique alternative to the original design that satisfies the desire and need of a larger home for the applicant while maintaining the quality of life for the neighboring residents by helping them maintain their view of the ocean. Although the proposed retaining wall in the side yard exceeds the height that is allowed by the code, it will not be visible from the public right-of-ways or from neighboring properties. Additionally, it is an integral part of the proposed new structure. Therefore, the new retaining wall of 6-11" high with a 3' high guardrail on top does not deviate from the general plan. Section 4: That the Grading is warranted because departure from the standards to permit a retaining wall in the side yard greater than 3'-6" will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The applicants are proposing a retaining wall to accommodate a portion of the proposed new basement level which is an integral part of the new proposed residence. The subject area is located within a fully developed residential tract, in which all parcels are allowed to develop a single-family dwelling and other accessory structures that are ancillary to the main structure. Section 5: That the Grading is warranted because departure from the standards to permit a retaining wall in the side yard greater than 3'-6"will not be detrimental to the public safety nor to other property. The 6-11" tall retaining wall is proposed within the subject parcel and will not visible from the public right-of-way or from other neighboring properties. Additionally, said wall will require approval of a building permit thereby ensuring its safety. Section 6: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city by obtaining 39% of the signatures within a 500' radius and 75% of the signatures within a 100' radius of the project site. Section 7: That the Height Variation is warranted since the proposed new residence that is above 16' in height does not significantly impair a view from public property (i.e. 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. There is no public property near the subject site that is city-designated viewing areas. Section 8: That the Height Variation is warranted since the proposed new residence is not located on a ridge or a promontory. The subject property is located within a fully developed single-family residential tract that is not located on a ridge or a promontory, as defined in the Development Code. Section 9: That the Height Variation is warranted since the proposed new residence 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. Ms. Kim's property located at 28019 Ambergate is the only property that is affected by the proposal, although not significant. From Ms. Kim's viewing area (inside the living room) only portions of the ridgeline flags are visible from the residence. P.C. Resolution No. 2007-54 Page 2 of 7 Section 104 That the Height Variation is warranted since the proposed new residence above 16' in height is designed and situated in such a manner as to reasonably minimize the impairment of a view. The applicant has reduced the second floor area by 1,012ft2 and lowered the overall height of the proposed second story by 6.16' compared to the original plans to minimize the view impairment from surrounding neighbors. Section 11: That the Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. There is only 1 residence (28019 Ambergate Drive) that would be affected by the proposed project, although negligible. When considering the minimal view impairment caused by the proposed project together with the same amount of view impairment that would be caused by similar new structures on other parcels; the cumulative impact would also be minimal. Section 124 That the Height Variation is warranted since the proposed new residence complies with all other code requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code. Section 13: That the Height Variation is warranted since the proposed additions are compatible with the immediate neighborhood character. Based on the analysis of the area, it is found that the proposed resulting structure is consistent with the immediate neighborhood in regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation, setbacks, open space, texture, color, and building materials. Section 14: That the Height Variation is warranted since the addition to the existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. There are no windows proposed to the north and east fagade. The only neighbor that may have any impact would be the abutting neighbor to the west. However, due to the location of the proposed second floor and the 35' distance between the west property line and the closest exterior fagade of the second floor, the only view that would be gained by the proposed second floor would be of the ocean over the neighbor's roof. Section 15: That the Minor Exception is warranted to avoid inconsistencies with the general intent of the code. The Building Code requires a guardrail on top of the proposed retaining wall and that the guardrail not be less than 3'-6" in height. The resulting height of the new combination wall (retaining wall and guardrail)will be 10'-5". Given that the retaining wall is an integral part of the new residence and a 3'-6" guardrail is the minimum requirement per the Building Code, the Minor Exception Permit is warranted to avoid inconsistencies. Section 164 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, September 12, 2007. A $1,344.00 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 September 12, 2007. Section 174 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 Height Variation, Grading Permit, Minor Exception Permit and Site Plan Review to allow for demolition of an existing 2,397ft2 single-story residence and the construction of a new 3,746ft2 two-story residence (Case No. ZON2006-00491). P.C. Resolution No. 2007-54 Page 3 of 7 PASSED, APPROVED AND ADOPTED this 28th day of August 2007, by the following vote: AYES: qommlssioner Kars, Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman. Perestam NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Chairman Gerstner Bill Gerstner, Chairman PA Joel Rojas, AICD Director of Planning, Building and Code Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2007-54 Page 4 of 7 Exhibit" " Conditions of Approval Case No. ZON2006-00491 (FIV, GR, MEP &SPR) 6913 Maycroft Drive General 1. Approval of this Height Variation, Grading Permit, Minor Exception Permit and Site Plan Review 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 180 days 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. P.C. Resolution No. 2007-54 Page 5 of 7 9. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. Height Variation, Grading Permit, Minor Exception Permit and Site Plan Review 10. This approval allows the demolition of an existing single-story residence and the construction of a new 3,746ft2 two-story residence as a replacement. The approval also includes 296yd3 of grading to accommodate the basement level and a 10'-5" combination wall (6-11" retaining wall & 3'-6" guardrail) in the side yard (west). 11. The crawl space in the basement shall be constructed and remain as non-habitable space as defined in the Uniform Building Code. 12. The roofing material must be of Class A rating and shall not be cap-sheet only. Additionally, the entire structure shall have a consistent roofing material. 13. The height of the new residence and combination wall shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the additions 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. 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. 14. 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. 15. The garage shall maintain a minimum interior clearance of 18' (width) by 20' (depth). 16. The approved project shall maintain 43%, but in no case shall exceed 50% maximum lot coverage. 17. All foliage in the rear (south)and side (east) yard shall be trimmed and maintained to the height of the second floor ridgeline. 18. The required front-yard setback area of the lot shall be at least fifty (50) percent landscaped. 19. Prior to the issuance of Building Permits, the developer shall show on the plans a sump pump system that includes a back-up sump pump and back-up generator, subject to review and approval by the City's Building Official. Said sump pump system shall be installed prior to issuance of a Certificate of Use and Occupancy for the residence. 20. The property owner shall be responsible for maintain an operable back-up generator. Prior to issuance of certificate of use and occupancy, the back-up generator shall be P.C. Resolution No. 2007-54 Page 6of7 installed and include an alarm warning system that will ensure the continued maintenance of the generator, subject to review and approval of the Building Official. 21. Subject to review and approval by the Director of Planning, Building and Code Enforcement, prior to the certificate of use and occupancy, the owner shall record a covenant on the property that indicates that the [property has a back-up generator and the property owner is responsible for maintaining such generator. P.C. Resolution No. 2007-54 Page 7 of 7