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PC RES 2011-004 P.C. RESOLUTION NO. 2011-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A CONDITIONAL USE PERMIT REVISION AND GRADING PERMIT (CASE NO. ZON2010-00191) TO CONSTRUCT A 1,929FT2 TWO- STORY ADDITION WITH A BALCONY TO AN EXISTING SPLIT LEVEL RESIDENCE, CONDUCT 76YD3 OF GRADING TO RESTORE IMPROVED AREAS AND REDUCE THE MINIMUM ALLOWED OPEN SPACE FROM 70%TO 67% AT 3304 PALO VISTA DRIVE. WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use Permit (CUP) No. 23, establishing a residential planned development (RPD) comprising of Tracts 32574, 32991 and 34834; and, WHEREAS, on September 9, 1986, the Planning Commission adopted the Seacliff Hills Development Guidelines in recognition of the need for greater sensitivity and design flexibility in the construction of these custom homes; and, WHEREAS, on January 14, 1992, the Planning Commission approved a CUP revision "UU" for a 4,570ft2, split-level custom home on 3304 Palo Vista Drive; and, WHEREAS, on May 24, 2010, the applicant submitted a Conditional Use Permit revision and Grading Permit application, requesting to construct a two-story addition and restore improved areas back to its original unimproved condition; and, WHEREAS, on June 4, 2010, the application was deemed incomplete due to insufficient information; and, WHEREAS, on January 3, 2011, the application was deemed complete after applicant's submittal of additional information; 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), the Planning Commission found no evidence that Case No. ZON2010-00191 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, a public notice was mailed to all property owners within a 500' radius from the subject property and published in the Palos Verdes Peninsula News on January 6, 2011 pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2011, 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: P.C. Resolution No. 2011-04 Page 1 Section 1: A Conditional Use Permit revision to grant a request for a 1,929ft2 two- story addition with a balcony to an existing split-level residence, a 76yd3 of grading to restore improved areas back to their original unimproved condition and reducing the open space from the minimum required of 70% to 67% at 3304 Palo Vista Drive is warranted because: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. More specifically, the subject site is improved with one of the smallest homes in the neighborhood, with originally approved lot coverage of 30%. The unpermitted altered areas outside of the building footprint (garden walls, planters, ponds and walkways) increased the lot coverage to 52%. Most of the unpermitted altered areas will be removed to bring the lot coverage back down closer to the 30% maximum allowed by the Seacliff Hills guidelines. Because the proposed addition would increase the structure size to 6,499ft2, which is relatively the same as the neighborhood average, even with the removal of past improvements, the lot coverage would be 33%. The new addition is proposed to be located over an existing flat lawn area, while maintaining the required setbacks and preserving the existing side and rear slopes. Furthermore, the resulting structure size and architectural style will blend in better with other homes that currently exist in the neighborhood. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use because the new addition is an expansion to an existing residence and is not intended to be used as a second unit. C. In approving the subject use at the specific location, there will be no significant adverse affect on adjacent property or the permitted use thereof. More specifically, the existing subject residence is one of the smallest in the neighborhood and with the proposed addition, the resulting structure size will be consistent with the neighborhood average; the Planning Commission granted Conditional Use Permit revisions to 20 of 23 improved properties along Palo Vista Drive with similar requests, including the reduction to the open space up to 4%; the unpermitted improved areas outside of the building footprint will be removed and restored back to its original unaltered condition, resulting in an increase of open space from the existing 48% to 67% as a result of the proposed project; there are no privacy impacts to the abutting properties because the side and rear yards of the abutting neighbor's property is already visible from existing windows of the subject residence; the width of the existing and proposed addition will take up 68% of the average lot width while other properties take up 75% of their lot width; the only area for any type of development is the flat lawn area as proposed, without encroaching into minimum required setbacks or constructing over extreme slopes; the new addition incorporates design elements to soften the mass; and the new addition maintains the neighborhood character in architectural style and scale. D. The proposed use is not contrary to the General Plan that includes the following goal "to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhood, and to encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community". The new addition will bring the P.C. Resolution No. 2011-04 Page 2 overall structure size closer to the neighborhood average, enhancing the community's physical quality and visual character by creating a structure that is more in scale with other neighboring homes. E. The site of the proposed use is not within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of the Development Code. F. The conditions to protect the health, safety and general welfare, have been imposed to make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in the Development Code in Exhibit W. Section 2: A Grading Permit to allow 76yd3 of grading with a maximum 2' depth of cut and 1' depth of fill is warranted because the purpose of the grading is to remove the unpermitted improved areas and restore it back to its unaltered condition. Additionally, the proposed grading does not significantly adversely affect the visual relationships with, or the views from the viewing area of neighboring properties; minimizes disturbance to the natural contours while finished contours are reasonably natural; and preserves the natural topographic features and appearances by means of land sculpturing so as to blend any man-made slope into the natural topography. Additionally, the proposed grading is not proposed on slopes exceeding 35%, creates slopes greater than 35%, involves a cut or fill exceeding 5' in depth, or involves the construction of retaining walls. Section 3: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, 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, February 9, 2011. A $2,275.00 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 February 9, 2011. Section 4: 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 approves, with conditions, Case No. ZON2010-00191, for a request to construct a 1,929ft2 two-story addition to an existing split-level home and conduct 76yd3 of grading with a maximum 2' depth of cut/fill to remove the unpermitted improved areas and restore it back to its original condition to a property located at 3304 Palo Vista Drive. P.C. Resolution No. 2011-04 Page 3 PASSED, APPROVED AND ADOPTED this 25th day of January 2011, by the following vote: AYES: CotmssionerCerstfi�r :,I�nighti,_ :eoias: Le i�Ts, A e ChairmasiLTetreaul,t- w Chairman Tomblin NOES: Commissioner Emenhiser ABSTENTIONS: None RECUSALS: None ABSENT: None s David Tomblin, Chairman Joell3diAs, AICP Co u ty Dev o ent Director and Sec to of the4P anning Commission P.C. Resolution No. 2011- 04 Page 4 EXHIBIT `A' CONDITIONS OF APPROVAL CASE NO. ZON2010-00191 (3304 Palo Vista Drive) General Conditions: 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. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. P.C. Resolution No. 2011-04 Page 5 10. 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. 11. 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. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. 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. Project Specific Conditions: 14. This approval is for a 1,929ft2 two-story addition to an existing split-level residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 15. The maximum ridgeline of the approved project is 467.5'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the Finished Floor Elevation at 442.0'. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 33% lot coverage. 17. The approved residence shall maintain setbacks of 27'-6" front, 32' rear, 22' 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. 18. The unpermitted altered areas shall be restored back to its original conditions, per the stamped plans, prior to BUILDING PERMIT ISSUANCE, to the satisfaction of the Director. 19. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. However, in no case shall the overall lot coverage exceed 33%. 20. All utility service lines to the building shall be placed underground prior to issuance of a certificate of occupancy for the addition. P.C. Resolution No. 2011-04 Page 6 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. P.C. Resolution No. 2011-04 Page 7