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PC RES 2009-001 P.C. RESOLUTION NO. 2009-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VE DES APPROVING CASE NO. ZO 200$- 0450, A HEIGHT VARIATION AND GRADING PERMIT FOR A NEW 4,220 SQUARE F OT SPLIT-LEVEL SINGLE-FAMILY RESIDENCE, WITH TOTAL F 651 CUBIC YF GRADING, ON AN EXISTING VACANT LOT LOCATED AT 43 AVENIDA CORONA (LOT 2, PARCEL AP NO. 15264) WHEREAS, on October 25, 1983, Parcel Map No. 15264 was recorded with the County of Los Angeles, thereby creating the subject property on the northern side of the private street of Avenida Corona, within the La Vista Verdes Estates community; and, WHEREAS, on August 22, 2008, a Height Variation and Grading applicant was submitted to the City, requesting approval of a new 4,220 square foot split-level single-family residence, involving a total of 651 cubic yards of grading, on the existing vacant lot; and, WHEREAS, on November 20, 2008, the application was deemed 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 Regulation, 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 ZON2008-00450 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 a new residence on a legally subdivided lot; and, WHEREAS, on January 13, 2009, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing 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 applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 75% of the property owners within 100-feet of the subject property and 30% of the property owners within 500-feet of the subject property, who have reviewed the plans prior to filing the application with the City. Section 2: The proposed split-level new residence does not significantly impair a view from public property which has been identified in the City's General Plan or Coastal Specific Plan as a City-designated viewing area because there are no such areas that overlook the subject property. Section 3: The property is not located on a ridge or promontory as there are other adjacent parcels with varying pad elevations that were terraced when initially constructed. P.C. Resolution No. 2009-01 Page 1 of 7 Section 4e The proposed new structure that is above sixteen feet in height, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel. As the proposed split-level new residence does not exceed the height of the by- right height envelope of a one-story residence, any view impairment would have been impacted by a structure built in the same location. Additionally, the portion of the residence higher than sixteen feet at the rear of the property is being built down, into the grade, therefore minimizing any additional view impacts for a two-story structure. Section 6: The proposed new structure height that is above sixteen feet is designed and situated in such a manner as to reasonably minimize the impairment of a view. By proposing the split-level residence to be graded down, with a low roof pitch and low interior ceiling height, the views over the new residence are similar to that of a one-story residence in the same location. Section 6: There is no significant cumulative view impairment caused by granting the application. The portion of the proposed new residence exceeding 16' is small enough that cumulatively the view impairment from the neighboring properties would not be significant. Section 7; The proposed structure complies with all other Code requirements in that the development standards of the RS-2 Zoning District are met with regards to setbacks, lot coverage, landscaping space and enclosed parking. Section 84 The new residence will be compatible with the immediate neighborhood. The resulting structure will not be out of scale or character with the immediate neighborhood, as the residence will appear one-story when viewed from along Avenida Corona since the two- story element is at the rear and is lower than the right-of-way easement; the garage extends out from the front fagade of the residence, which results in a structure that will not dominate the right-of-way easement; and the project will not introduce new elements to the immediate neighborhood, nor deviate from the common established style or typical setbacks. Section 9; The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences because the portion of the windows that exceed 16' is only the top most area of the window. Section 10: The proposed grading permit is warranted since the amount of grading does not exceed that which is necessary for the permitted primary use of the lot. The subject property is in a RS-2 zoning district, in which the primary use of the lot is a residential structure. The proposed grading is to accommodate construction of a new residence. Section 11; The proposed grading and related construction does not significantly adversely affect the visual relationships with or the views from the "viewing area" of neighboring properties. The grading will not be apparent and minimizes the disturbance to natural contours of the site by concentrating the grading to the building footprint and the height of the residence not appearing to exceed the by-right height of a possible one-story residence in the same location. Section 12: The grading will preserve the natural topographic features by concentrating the grading to the residence. P.C. Resolution No. 2009-01 Page 2of7 Section 13: The grading proposed for the new single-family residence is compatible with the immediate neighborhood, as the topography of the neighborhood is such that retaining walls are necessary to the development of building pads and the proposed cut in grade results in a structure compatible with the neighborhood while allowing for additional habitable space. Section 14: The grading application is consistent with Section 17.76.040.A, the purpose and intent to allow for grading activity since the grading is for the construction of a new residence, and the grading will be concentrated to the building footprint, with no grading occurring on any extreme slopes, maintain the existing contours of the site and the new retaining walls will not be seen from the right-of-way easement. Section 15: The grading application will not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity, as the neighborhood is located on a hillside, requiring most properties to have retaining walls in order to develop the properties, and the proposed grading accommodates the construction of a new residence that does not significantly impair views from adjacent properties. Section 16:169 The proposed grading activity will not be detrimental to the public safety or to the surrounding properties since the new residence will be reviewed, inspected and approved by the Building and Safety Division. The project would be required to comply with all safety standards of the Uniform Building Code, and with the recommendations contained in the approved geotechnical report. Section 17: That the grading permit is warranted since the 7'-0" tall cut can exceed the 5'-0" maximum depth of fill or cut because it allows additional habitable space to be built that will result in a structure being built lower, rather than higher, than the existing grade and accommodates for potential view impairment with a lower building height. Section 189 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, January 28, 2009. 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 January 28, 2009. Section : 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 conditionally approves Case No. ZON2008-00450 for a Height Variation and Grading Permit, allowing the construction of a new single-family residence, subject to the conditions contained in Exhibit "A" attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare. P.C. Resolution No. 2009-01 Page 3of7 PASSED, APPROVED AND ADOPTED this 13th day of January 2009, by the following vote: AYES: Commissioners Gerstner, Knight, Ruttenberg, Tetreault, Tomblin, Vice Chairman Lewis, Chairman Perestam NOES: None RECUSALS: None ABSTENTIONS: None ABSENT: None Stephen Perestam, Chairman Joel Roja , ICP Director o P anning, ilding and Code forcemeat; and, Secretary of the Planning Commission P.C. Resolution No. 2009-m- Page 4 of 7 Exhibit"A" Conditions of Approval Case No. Z 2008-00450 (HV, GR) 43 Avenida Corona ( torsteen) 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 the 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. 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 by the final body that approved the original project, which may require new and separate environmental review. 4. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 6. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, 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. 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, P.C. Resolution No. 2009-01 Page 5 of 7 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 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. 11. This approval is for construction of a new 4,220 square foot split-level single-family residence on an existing vacant lot, with a total of 651 cubic yards of grading. Specifically, the upper level will be the main floor of the residence and will measure a total of 2,562 square feet of habitable space and 802 square foot 3-car garage, while the lower level will measure 1,658 square feet. 12. The following minimum setbacks shall be maintained: Front yard: 20'-0" minimum (proposed: 20'-0") * Side yard: total of 20'-0", with one side a minimum of 10'-0" (proposed: total of 21'-3"; north side— 10'-0"; south side — 11'-3") Rear yard: 20'-0" minimum (proposed: 40'-1") SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL., FRONT AND SIDE YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE FIRST FLOOR. 13. The height of the new residence is limited to 14'-7" tall from the highest elevation of existing building pad covered by structure (660.5') to the ridgeline (675.16') at the front of the proposed residence, and 23'-8" tall from where the lowest foundation meets finished grade (6515) to the ridgeline (675.16') at the rear of the proposed residence. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR O ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 14. The Grading Permit allows a total of 651 cubic yards of grading to accommodate the new residence. Specifically, 631 cubic yards of cut and 20 cubic yards of fill. 15. The retaining walls at the rear of the residence shall be limited to a maximum overall height of 7'-0". 16. This approval does not permit any new structures within the private right-of-way easement of Avenida Corona. 17. Due to the subject property's location in the RS-2 Zoning District, a maximum of fourty percent (40%) lot coverage shall be allowed on the lot (proposed: 30%). 18. The maximum eave projection allowed into the setback areas shall not exceed 6-inches for each 1-foot of required setback. P.C. Resolution No. 2009-01 Page 6 of 7 19. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 20. 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. 21. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 22. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 23. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. P.C. Resolution No. 2009-01 Page 7 of 7