Loading...
PC RES 2010-007 P.C. RESOLUTION NO. 2010-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2009-00437, A HEIGHT VARIATION, SITE PLAN REVIEW AND GRADING-PERMIT FOR ADDITIONS OF 2,981 SQUARE FEET, WITH A TOTAL OF 780 CUBIC YARDS OF GRADING AND FOUR RETAINING WALLS, FOR A DEVELOPED LOT LOCATED AT 6505 PALOS VERDES DRIVE EAST. WHEREAS, on November 9, 2009, Height Variation, Site Plan Review and Grading applications were submitted to the City, requesting approval of additions totaling 2,981 square feet, including 780 cubic yards of grading and four retaining walls, to an existing 2-story single- family residence; and, WHEREAS, on January 27, 2010, the applications were 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 ZON2009-00437 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 as the proposed additions will not intensify the use of the lot since the property is currently developed with a single-family residence; and, WHEREAS, on March 9, 2010, 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 60% 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 additions do 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. Section 4: ,The proposed additions above sixteen feet in height, when considered exclusive of foliage, do not significantly impair a view from the viewing area of another parcel. Specifically, all properties located upslope of the subject property are located at an elevation that allows these residences to have views that look over the subject residence and proposed additions without any significant view impairment. The properties to the north and south of the P.C. Resolution No. 2010-07 . Page 1 of 6 additions without any significant view impairment. The properties to the north and south of the subject property are orientated so that the best and more important views do not look over where the new construction is proposed. Section 5: There is no significant cumulative view impairment caused by granting the application. The portion of the proposed construction exceeding 16' is located where cumulatively the view impairment from the neighboring properties would not be significant. Section 6: 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, pool fencing and enclosed parking. Section 7: The proposed construction will be compatible with the immediate neighborhood. Specifically, the proposed construction is setback away from the public right-of- way, is within the range of structure sizes within the immediate neighborhood, has been designed with building materials, color, a roof design and architectural style found to be similar to other residences within the immediate neighborhood, and is compatible with the required setbacks and open space area found within the immediate neighborhood. Section 8: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences because none of the newest portions of the structure afford views of areas that cannot already be seen from the driveway or private right-of- way easement. Section 9: 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 continued development of the residential lot. Section 10: 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. Specifically, the proposed construction of the second story will not significantly impair the viewing area of another parcel and the proposed grading in the rear yard is simply to fill the area around the exposed, permitted basement and to increase the grade level adjacent to the structure. Section 11: The grading will not be affecting the natural contours of the site as there are no natural contours existing where grading is proposed due to previous grading conducted for the development of the lot. Section 12: The grading proposed 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 and fill in grade results in a structure compatible with the neighborhood while allowing for additional rear yard area. Section 13: The grading application is consistent with Section 17.76.040.A, as the proposed grading is for the reasonable development of land and minimizing hazards. The grading will result in increasing the grade adjacent to the main structure, reducing the overall structure height, creating a pad area in the rear yard for a new pool, as well as rebuilding existing retaining walls. P.C. Resolution No. 2010-07 Page 2 of 6 Section 14: 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 site improvements that do not significantly impair views from adjacent properties. Section 15: The proposed grading activity will not be detrimental to the public safety or to the surrounding properties since the proposed construction 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. Additionally, a conditions of approval has been added requiring landscaping be added adjacent to the retaining walls as to minimize the visible impacts to other properties. Section 16: 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, March 24, 2010. A $2,255.00 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 March 24, 2010. Section 17: 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. ZON2009-00437 for a Height Variation, Site Plan Review and Grading Permit, allowing the additions totaling 2,981 square feet, including 780 cubic yards of grading and three retaining walls, 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. PASSED, APPROVED AND ADOPTED this 91h day of March 2010, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Lewis, Tetreault, Vice Chairman Tomblin, and Chairman Gerstner NOES: None RECUSALS: None ABSTENTIONS: None ABSENT: None -J- Z Bill Gerstner, Chairman Joel RojOS, AIPCommuelop a Director Secreta Planning Commission P.C. Resolution No. 2010-__QZ Page 3 of 6 s Exhibit"A" Conditions of Approval Case No. ZON2009-00437 (HV, SPR, GR) 6505 Palos Verdes Drive East(Southern) 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 Community Development Director 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 Community Development Department 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. 2010-07 Page 4 of 6 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 853 square feet of additional habitable space at the first story, 621 square feet of additional garage area, increasing the 2-car garage into a 4-car garage, 1,507 square feet of habitable space at the second story, 595 square feet of balconies extending from the rear of the second story. 12. The following minimum setbacks shall be maintained: • Front yard: 20'-0" minimum • Side yard: 5'-0" minimum • Rear yard: 15'-0" minimum 13. The height of the new residence is limited to 24'-10" tall from the highest elevation of existing building pad covered by structure (180.60') to the ridgeline (205.42') at the front of the proposed residence, and 25'-10" tall from where the lowest foundation meets finished grade (179.82') to the ridgeline (205.42') at the rear. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 14. The Grading Permit allows a total of 780 cubic yards of grading. The proposed grading consists of 652 cubic yards of fill for a new pool area, to fill the area around the exposed, permitted basement, to level the areas at the front and rear of the structure, and to level the driveway and parking area adjacent to the garage. The proposed grading also consists of 128 cubic yards of cut for a new driveway at the front of the residence and for the driveway and parking area adjacent to the garage. 15. All retaining wall heights shall match the elevation call-outs indicated on the stamped approved plans, but the retaining wall being rebuilt along the driveway shall not exceed 6'-0" tall, the retaining wall for the fill around the basement area shall not exceed 5'-7" tall, the new retaining wall for the pool area shall not exceed 4'-6" tall, and the retaining wall at the southern side of the rear yard area shall not exceed 4'-8" tall, as measured from the lowest finished adjacent grade to the top of wall. 16. This approval does not permit any new structures within the private right-of-way easement. 17. Due to the subject property's location in the RS-2 Zoning District, a maximum of forty percent (40%) lot coverage shall be allowed on the lot (proposed: 36%). 18. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. P.C. Resolution No. 2010-07 Page 5 of 6 19.All fences, walls and hedges located between the front fagade of the residence and the front property line shall not.exceed 42" tall. 20. Prior to the submittal of plans to the Building and Safety Division for plan check, the plans shall be revised to indicate that a 42" tall safety railing be placed no closer than 3'-0" from the new 5'-7" tall retaining wall around the basement area, the 6-6" tall retaining wall adjacent to the driveway and parking areas, and the 4'-8" tall wall at the southern side of the rear yard area. Additionally, the 3'-0" wide area between the retaining walls and 42" tall safety railing shall be constructed and maintained as a planting area, unless approval of a Minor Exception Permit is submitted and approved by the Community Development Director. 21. The pool area in the rear yard shall be enclosed with a minimum 5'-0" tall fence, not to exceed 6'-0" tall, with a self-closing device and a self-latching device located not less than four feet above the ground. Such fences, walls and gates shall meet City specifications and shall be constructed to the satisfaction of the City's Building Official. 22. The new 4'-6" tall retaining wall adjacent to the new pool area, the 6'-0" tall retaining wall adjacent to the driveway area, and the 4'-8" tall retaining wall at the south side of the rear yard area shall have landscaping planted and maintained in front of these walls for the purpose of screen these retaining walls. All landscaping plans shall be approved by the Community Development Director prior to issuance of a Building Permit, and all proposed screening landscaping shall be planted and inspected by City Staff prior to Building Permit Final. All landscaping shall be maintained to continuously screen these retaining walls, subject to review and approval by the Director. 23. 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. 24. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 25. 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. 26. The proposed equipment for the pool shall be located adjacent to the 4'-8" tall retaining wall in the south side yard area, and located a minimum of 5'-0" from the interior side property line. In order to minimize noise, the pool equipment shall be screened with a wall and landscaping, subject to the review and approval by the Director. P.C. Resolution No. 2010-07 Page 6of6