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PC RES 2008-002 P.C. RESOLUTION NO. 2008-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION, GRADING PERMIT AND SITE PLAN REVIEW (ZON2007-00209) TO CONSTRUCT A 1,975FT 2 Is' AND 2nd STORY ADDITION AND 59YD 3 OF GRADING AT 32415 NAUTILUS DRIVE. WHEREAS, on May 11, 2007, the applicant submitted a Height Variation, Grading, and Site Plan Review application, requesting to construct a 1,975ft2 addition to an existing, two-story, single-family residence and conduct 59yd 3 of fill to accommodate the new improvements; and, WHEREAS, on November 6, 2007, staff deemed the Height Variation, Grading Permit and Site Plan Review 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. 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, Variance, Grading, 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 1 (Section 15301); and, WHEREAS, after noticed issued on November 7, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on December 11, 2007, at which time the matter was continued to the January 8, 2008 Planning Commission meeting; and, WHEREAS, the Planning Commission held a duly noticed public hearing on January 8, 2008, 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 construction of a 1,975ft2 addition to an existing, two-story, single-family residence and conduct 59yd' of fill to accommodate the new improvements. The proposed height is 245, as measured from the point where the lowest foundation or slab meets finished grade to the ridgeline; and 18.8', as measured from the highest elevation where the finished grade is adjacent to P.C. Resolution No. 2008-02 Page 1 of 6 the building foundation or slab to the ridgeline. Section 2: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city by obtaining 25% of the signatures within a 500' radius and 75% of the signatures within a 100' radius of the project site. Section : That the Height Variation is warranted since the proposed addition 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. Ladera Linda Park is located northwest and approximately 130' higher in elevation than the subject property and does not significantly impair a view from Ladera Linda Park. The Conceptual Trails Plan indicates that the Forrestal Segment Trail is located along Forrestal ®rive. From the Forrestal Segment Trail, the subject property is obscured by the existing residential structures on Nautilus ®rive. The Conqueror Segment trail is located south of the subject property along Palos Verdes ®rive South where the views will not be impaired by the proposed project. Section 4® That the Height Variation is warranted since the proposed additions are 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 w That the Height Variation is warranted since the proposed addition to the existing 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. There is a view of the ocean and Catalina Island in the southerly direction from properties adjacent to the proposed project site. The only residence that may have view impairment as a result of the proposed project is 32410 Nautilus ®rive (Colgrove). Since Staff has not been allowed access into the residence, despite repeated efforts, it is assumed that the viewing area from 32410 Nautilus ®rive is from the interior of the ground floor. Should it be revealed and consistent with all applicable code and guidelines set forth in Section 17.02.040 that the viewing area is actually taken from the second floor, it is probable only a small portion of the ocean would be impaired but this portion that may be impaired would not be considered significant. It is also assumed that the view of Catalina Island would not be impaired by the proposed project above 16'. Section ® If a view impairment exists from the viewing area of another parcel but is determined not to be significant, as described in subsection (C)(1)(e)(vi) of this section, the proposed new structure that is above sixteen feet in height or addition to an existing structure that is above sixteen feet in height is designed and situated in such a manner as to reasonably minimize the impairment of a view. Assuming that there is a view impairment taken from the property at 32410 Nautilus ®rive, the front facade P.C. Resolution No. 2008-02 Page 2 of 6 addition above 16 feet is designed as such that the addition height is no higher than the existing 2nd floor roofline. Section 7: That the Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Since all of the neighboring homes are currently multi-story structures that are at least equal to or taller than the proposed structure height, there would not be a significant cumulative view impairment. Section 8: That the Height Variation is warranted since the proposed additions meet all of the code requirements including, but not limited to setbacks, lot coverage, height, and enclosed parking. Section 9: 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 (residences on Nautilus Drive) in regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation, setbacks, open space, texture, color, and building materials. Section 10: 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. The subject property currently has an existing rear yard deck, where the rear yards of the abutting properties are already visible. As such, an additional roof deck will not result in further visibility than what currently exists. Section 11, That the Grading is warranted since it does not exceed what is necessary for the permitted primary use of the lot. The proposed project is in a RS-3 zoning district, in which the primary use of the lot is a residential structure. The proposed grading is to fill under the garage footprint, which is directly related and dependent on the primary use; therefore does not exceed what is necessary for the permitted use of the lot. Section 12: That the Grading is warranted since it does not significantly adversely affect the views from the viewing area of neighboring properties. The proposed fill underneath the garage footprint will raise the finished floor by 2.63'. The height increase will not adversely affect the views from the viewing area of neighboring properties since the proposed garage is located adjacent to the 2-story portion of the subject residence. Section 13- That the Grading is warranted since the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The location of grading, where the existing garage driveway currently exists, is currently developed and does not constitute as protected wildlife habitat or natural landscape as described in the General Plan. P.C. Resolution No. 2008-02 Page 3 of 6 Section 14.. That the Grading is warranted since the grading is not on slopes equal to or exceeding 35%, does not create any slopes greater than 35%, does not include fill or cut exceeding 5' in depth and does not involve grading on a slope exceeding 50%gradient. Section M. 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. 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. Section 16:1 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 and Site Plan Review for the construction of a 1,975ft2 addition and 59yd 3 of grading (Case No. ZON2007-00209). PASSED, APPROVED AND ADOPTED this 81h day of January 2008, by the following vote: AYES: Chairman Gerstner, Commissioners Lewis, Karp, and Tetreault NOES: Vice Chairman Perestam and Commissioner Ruttenberg ABSTENTIONS: RECUSALS: ABSENT: Commissioner Knight /v e Bill Gerstner, Chairman Joel of s, AlCP r Of Planni g,) Dire for f Planni B ilding and o Enforce t; and, Secrrryv of the Planning Commission P.C. Resolution No. 2008-02 Page 4 of 6 Exhibit "A" Conditions of Approval Case No. ZON2007-00209 (Height Variation, Grading Permit and Site Plan Review) 32415 Nautilus Drive General 1 Approval of this Height Variation, Grading 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 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. 2008-02 Page 5 of 6 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 and Site Plan Review 10. This Height Variation, Grading and Site Plan Review allow the construction of a 1,975ft2 addition, balconies to the easterly and southerly fagade and a roof deck, and a new 3-car garage. The approval also includes total earth movement of 59yd' to accommodate the new driveway and garage area. The maximum depth of cut or fill shall not exceed 5'. 11. The height of the additions shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the addition shall not exceed 24.5', 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. 12. 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, 10' street side (south) and 5' interior side (north). 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. 13. The approved project shall maintain 36.31%, but in no case shall exceed 45% maximum lot coverage. 14. Prior to building permit final, the property owner shall make whatever modifications are necessary to ensure that at least 50% of the required front setback area is landscaped pursuant to the City's Development Code. Planning Staff shall verify that this condition is met prior to building permit final. 15. A foliage analysis conducted by staff revealed no existing foliage that significantly impairs the protected view form any surrounding properties. P.C. Resolution No. 2008-02 Page 6 of 6