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PC RES 2009-012 P.C. RESOLUTION NO. 2009-12 RESOLUTION F THE PLANNING COMMISSION F THE CITY OF RANCHO PALOSVERDES CONDITIONALLY APPROVING EI T VARIATION, GRADING PERMIT AND SITE PLAN REVIEW(PLANNING CAE NO. Z 007- 00486) FOR THE CONSTRUCTIONF A NEW, 6,230® ® T, 2-STORY SINGLE-FAMILY RESIDENCE WITH A DETACHED, 453-SQUARE-FOOT 1-STORY CABANA, POOL AND SPA AND 1,056 CUBICY F RELATED GRADING, L TE T 3450 VIA CAMPESINA WHEREAS, on October 2, 2007,the applicant, Luigi Schiappa of Elite Homes, Inc., submitted an application for Planning Case No. .ZON2007-00486 for a height variation, grading permit, site plan review and environmental assessment to allow the construction of a new, 2-story single-family residence, 1-story cabana, pool and spa on a vacant flag lot off Via Campesina; and, WHEREAS, on March 23, 2009, the application for Planning Case No. ZON2007-00486 was deemed complete by Staff; and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA"), the States 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),the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of Planning Case No. ZON2007-00486 would result in a significant adverse effect on the environment. Accordingly, a Draft Negative Declaration was prepared and circulated for public review for twenty (20) days between March 23, 2009 and April 13, 2009, and notice of that fact was given in the manner required by law; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on April 28, 2009, at which time all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at its April 28, 2009, meeting, after hearing public testimony, the Planning Commission adopted P.C. Resolution No. 2009-11 making certain findings related to the requirements of the California Environmental Quality Act (CEQA) and adopted Negative Declaration for the proposed project. NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a height variation to allow the construction of a 6,230-square- foot, 2-story single-family residence on the subject property: A. The applicant has complied with the Early Neighbor Consultation process established by the City by obtaining property owners' acknowledgement signatures from 26% of the property owners within a 500-foot radius of the subject property and 71% of the property owners within a 100-foot radius of the subject property. B. The proposed structure that is above sixteen feet in height does not significantly impair a view from public property(parks, major thoroughfares, bikeways,walkways or equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas because the subject property is not directly overlooked by any park, major thoroughfare, bikeway, walkway or equestrian trail identified in the City's General Plan as a City-designated viewing area. C. The proposed structure is not located on a ridge or promontory; rather, the subject property is only one of a series of similar graded and developed pad and flag lots that comprise the neighborhoods along Via Campesina and Rollingridge Road. D. The proposed new structure that is above sixteen feet in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. As a result of the mailed and published notices and the temporary silhouette,the City received no objections to the proposed project on the basis of view impacts. The building envelope of the current proposal is substantially the same as that of an expired 2004 proposal for the same property. Based upon the project silhouette, the elevation and orientation of surrounding residences, and the view-impact analysis associated with the previous 2004 approval,the proposed project in excess of the 16-foot height limit has no adverse impacts upon the view from the viewing area of another parcel. E. There is no significant cumulative view impairment caused by granting the application. The construction of a similarly-designed structure or addition to an abutting residence would result in no view impairment for upslope properties to the south of the subject property. F. The proposed structure complies with all Code requirements, including the RS-2 zoning district development standards with respect to lot coverage and setbacks for City-created lots, and the off-street parking requirements for single-family residences. G. The proposed structure is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot P.C. Resolution No. 2009-12 Page 2 of 11 coverage of the residence; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front-, side-, and rear-yard setbacks. The proposed project will result in a 6,638-square-foot overall structure size, which is 2,106 square feet (or 46%) larger than the average home and 655 square feet (or 9%) smaller than the largest home. The proposed residence would be the third largest home in the immediate neighborhood, falling within the upper half of the range of existing home sizes. The proposed project employs a Mediterranean architectural style that is compatible with the surrounding homes, and does not detract from the unique architectural character of the abutting Lloyd Wright-designed Bowler Residence at 3456 Via Campesina. The proposed project meets or exceeds all of the minimum setback requirements for the RS-2 zoning district and complies with the 40-percent lot coverage limitation, which is consistent with the established pattern of setbacks and development in the immediate neighborhood. H. The proposed structure does not result in an unreasonable infringement of privacy of the occupants of abutting residences. The upper-level west facade facing 3440 Via Campesina includes only small windows in a powder room and computer room, which are not main living areas for the proposed residence. The upper-level north facade facing 3456 Via Campesina includes an entry terrace and windows in the living room, which is a main living area for the residence. However, this portion of the residence is located roughly seventy-five feet (75') from the nearest portion of the Bowler Residence and roughly one hundred feet (100') from the Bowler Residence pool. The upper-level east facade facing 3458 Via Campesina and 3462 Via Campesina includes windows in the dining room, pantry, kitchen and utility room. The pantry and utility room are not main living areas for the proposed residence. The dining room and kitchen windows primarily overlook the existing tennis court in the rear yard at 3458 Via Campesina. The upper-level north facade facing 3466 Via Campesina includes windows in the master bedroom and an adjacent outdoor patio area. However, these windows and patio area are roughly forty feet (40') below the pad elevation of the abutting residence. Section 2: The Planning Commission makes the following findings of fact with respect to the application for a grading permit for 1,056 cubic yards of grading for the construction of the proposed single-family residence on the subject property: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. Based upon the underlying RS-2 zoning designation, the primary permitted use of the property is for single-family residential development. The site was previously improved with horsekeeping facilities for the abutting Bowler Residence. Most of the proposed grading would occur within the footprint of the proposed residence. P.C. Resolution No. 2009-12 Page 3 of 11 B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with nor the views from the "viewing area" of neighboring properties. In cases where grading is proposed for a new residence or an addition to an existing residence, this finding shall be satisfied when the proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure, as measured pursuant to Section 17.02.040(B) of this Title, is lower than a structure that could have been built in the same location on the lot if measured from preconstruction (existing) grade. As discussed above in the Height Variation findings, the proposed project has no impacts upon views from the viewing area of any nearby residences. There is some fill proposed outside the building footprint at the front of the house so as to comply with the 26-foot height limit. However, the placement of this fill does not affect views from neighboring properties. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The "natural" contours of the subject property are the result of the grading of the lot when it was originally developed in the mid-1960s. With the exception of the building footprint and the motorcourt area, the remainder of the property will largely retain its original graded and terraced contours. D. 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. There is no evidence that any significant natural topographic features will be disturbed or destroyed by the proposed grading. E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character. As discussed above in the Height Variation findings, Staff believes that the proposed project is compatible with the character of the immediate neighborhood in terms of the project's size, scale, bulk, mass and other characteristics. F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas, is not applicable to the proposed project. G. The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable to the proposed project. H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. There is no evidence P.C. Resolution No. 2009-12 Page 4 of 11 that any natural landscape or wildlife habitat will be disturbed or destroyed by the proposed grading. I. The grading conforms with the minimum standards for depth of fill, steepness of finished slopes, upslope retaining wall location and driveway slope established under Section 17.76.040(E)(8) of the Development Code. J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development Code,the proposed 8-foot depth of cut is reasonable and necessary. Grading down allows a split-level 2-story structure to be built on the site without exceeding the 16- foot height limit as measured from the highest grade covered by the structure. It also allows for an 8-foot-tall step within the building foundation, which is consistent with the standards for the development of homes on upslope lots. K. The proposed grading deviates from City standards regarding the height of the downslope retaining walls in the front and easterly side yards of the property. Such deviation may be granted based upon the following additional findings: 1. The criteria of subsections (E)(1)through (E)(8)of Section 17.76.040(E)are satisfied. As discussed above in the Grading Permit findings, all of the criteria (E)(1) through (E)(8) are satisfied by the revised project. 2. The approval is consistent with the purposes set forth in subsection A of Section 17.76.040. Among the stated purposes of the City's grading regulations are to "[permit] reasonable development of land..."; to "[ensure] that the development of each parcel of land...occurs in a manner harmonious with adjacent lands..."; and to "[ensure] that each project complies with the goals and polices of the General Plan...." The proposed grading is consistent with these purposes because it will allow for the reasonable development of a legal lot in an established residential neighborhood. This will be consistent with the Residential 1-2 DU/acre land use designation for the area. 3. Departure from the standards in subsection (E)(9) of Section 17.76.040(E) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The height of the downslope retaining wall at the front of the house exceeds 3Y2-foot height standard, but complies with the requirement for retaining walls adjacent to the driveway or motorcourt. The 5-foot-tall downslope wall in the easterly side yard replaces an existing site wall that is failing. The new wall will be screened from view from the abutting residence at 3458 Via Campesina by the existing tennis court fencing on that property. It is not unusual for retaining walls to exceed the Development Code height standards when new homes are proposed on sloped lots elsewhere in the City. A review of aerial photographs of the P.C. Resolution No. 2009-12 Page 5 of 11 immediate neighborhood shows that many surrounding properties appear to have similar retaining walls. 4. Departure from the standards of subsection (E)(9) of Section 17.76.040(E) will not be detrimental to the public safety nor to other property. The applicant will be required to obtain a building permit for the proposed retaining walls and grading, subject to the review of the City's Building Official and geotechnical consultant. The City's geotechnical consultant has already reviewed and conceptually approved a geotechnical report for the proposed project. 5. Notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given to only the applicant. Any interested person may appeal the Director's decision to the Planning Commission and the Planning Commission decision to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of Title 17 (Zoning). Public notification of all adjacent property owners is required for Planning Commission-level approval of a major grading application whenever it is necessary to make the exception findings under RPVDC Section 17.76.040(E)(10). Therefore, public notification of the approval of this application would be provided to the applicant, his architect, the owners of the adjacent properties and all other interested parties. Section 3: The Planning Commission makes the following findings of fact with respect to the application for site plan review for a 453-square-foot, 1-story detached cabana, pool and spa in conjunction with the proposed single-family residence on the subject property: A. The proposed cabana, swimming pool and spa all comply with the development standards for the RS-2 zoning district. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(j), 17.76.040(H)and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following April 28, 2009, the date of the Planning Commission's final action. Section 5: 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 conditionally approves a Height Variation, Grading Permit and Site Plan Review(Planning Case No. ZON2007-00486)for the construction of a new, 6,230-square-foot, 2-story single-family residence with a detached,453-square-foot 1-story cabana, pool and spa, and 1,056 cubic yards of related P.C. Resolution No. 2009-12 Page 6 of 11 grading, located at 3450 Via Campesina, subject to the conditions of approval in the attached Exhibit 'A'. PASSED,APPROVED,AND ADOPTED thiS28 th day of April 2009, by the following vote: AYES: Commissioners Knight, Perestam, Ruttehberg, Tetreault and Tomblin, Chairman Lewis NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: Vice Chairman Gerstner ey Chair Joel R Ja AICP Direct r o Plannin uilding and C d Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 200912 Page 7 of 11 EXHIBIT 'A' CONDITIONS F APPROVAL PLANNING S 2007- 4 6 (Schiappa, 3450 Via a peaina) General Conditions: 1. Priorto 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 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. This approval is for a new, 6,230-square-foot 2-story single-family residence, 453- square-foot 1-story detached cabana, pool and spa, and 1,056 cubic yards of related grading on a vacant lot. 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 to the height variation, grading permit and/or site plan review by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-2 district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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. P.C. Resolution No. 2009-12 Page 8 of 11 Otherwise, a height variation, grading permit and/or site plan review revision must be approved prior to further development. 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, 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 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. 11. The following conditions of approval for Tentative Parcel Map No. 25492 shall apply to this approval: a. A sewer improvement plan shall be prepared as required by the Director of Public Works and the County of Los Angeles (Condition No. 10). b. A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County prior to the issuance of a permit to connect the sewer line (Condition No. 11). C. Any new developments shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property (Condition No. 12). d. The property owner is responsible for obtaining an encroachment permit from the City of Palos Verdes Estates Public Works Department for the installation of the new sewer line (Condition No. 15). P.C. Resolution No. 2009-12 Page 9 of 11 e. The property owner shall be responsible for repair to any public streets which may be damaged during development of the subject parcels (Condition No. 16). f. All utilities to and on the lots 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 to the nearest trunk line at the property owner's expense (Condition No. 18). Height Variation Conditions: 12. This approval is for a 6,230-square-foot, 2-story single-family residence and attached 3-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 13. The maximum ridgeline of the approved project is 961.50'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 14. The approved residence shall maintain setbacks of 25'front, 25' rear, 42'west side and 10' east side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 15. The approved project shall maintain a maximum of 40% lot coverage (30.9% proposed). 16. A minimum 3-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. Grading Permit Conditions: 17. This approval is for one thousand fifty-six cubic yards (1,056 CY) of grading, composed of seven hundred sixty-six cubic yards (766 CY)of cut and two hundred ninety cubic yards (290 CY)of fill, for a net export of four hundred seventy-six cubic yards (476 CY). The maximum depth of cut shall be eight feet (8'-0") and the maximum depth of fill shall be four feet six inches (4'-6"). 18. The maximum height of the downslope retaining wall at the front of the house shall be five feet (5'-0"). The maximum height of the upslope retaining wall adjacent to the driveway/motorcourt shall be five feet (5'-0"). The maximum height of the downslope retaining wall in the easterly side yard shall be five feet (5-0"). The P.C. Resolution No. 2009-12 Page 10 of 11 maximum height of the upslope retaining wall at the rear of the property shall be eight feet (8'-0"). 19. The maximum driveway slope shall not exceed twenty percent (20%). 20. All grading and retaining walls shall be subject to the review and approval of the City's Building Official and geotechnical consultant. 21. All site drainage facilities shall be subject to final review and approval by the City's Building Official and City Engineer. 22. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall obtain the approval of a haul route plan from the Director of Public Works. Site Plan Review Conditions: 23. This approval is for a 453-square-foot, 1-story detached cabana, swimming pool and spa. 24. The maximum ridgeline of the cabana is 12.00' from the lowest finished grade covered bythe structure. BUILDING HEIGHT CERTIFICATION REQUIRED,to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 25. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall submit for recordation a covenant agreeing that the cabana shall not be used as a second dwelling unit. 26. Mechanical equipment for the pool and spa shall not generate noise in excess of 65 dBA as measured at the nearest property lines. 27. Pool safety fencing shall be provided in accordance with the provisions of Section 17.76.030(E)(3) of the Rancho Palos Verdes Municipal Code. 28. No fences,walls, gates or other improvements in excess of forty-two inches (42") in height shall be permitted within the "pole" portion of the lot. Ni:\Projects\ZON2007-00486(Schiappa,3450 Via Campesina)\PC Resolution 2009-12.doc P.C. Resolution No. 2009-12 Page 11 of 11