Loading...
PC RES 2011-019 P.0 RESOLUTION NO. 2011-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION, GRADING AND SITE PLAN REVIEW PERMIT TO DEMOLISH AN EXISTING 1-STORY RESIDENCE AND DETACHED GUEST QUARTERS, AND CONSTRUCT A NEW 6,698 SQUARE FOOT SINGLE-FAMILY RESIDENCE AND GARAGE, 810 SQUARE FOOT GUEST QUARTERS AND 256 SQUARE FOOT COVERED PAVILION, WITH 2,051 CUBIC YARDS OF TOTAL ASSOCIATED GRADING AT THE PROPERTY LOCATED A 6480 PALOS VERDES DRIVE EAST AND 1,281 CUBIC YARDS OF TOTAL GRADING ON LOT 4 OF TRACT 32322 (PLANNING CASE NO. ZON2010-00252). WHEREAS, on July 14, 2010, the applicant submitted a Height Variation, Grading and Site Plan Review application for the demolition of the existing residence and detached guest house, and construction of a new 6,698 square foot 1-story single- family residence and attached 3-car garage, 810 square foot detached guest quarters and 256 square foot covered pavilion, with 679 cubic yards of total associated grading; and, WHEREAS, on August 3, 2010, due to missing information and concerns about the proposed project from Staff, the application was deemed incomplete; and, WHEREAS, on October 21, 2010, December 3, 2010, and January 13, 2011, additional information and revised plans were submitted for review, with Staff deeming the application complete on January 13, 2011; and, WHEREAS, on January 14, 2011, Staff mailed notices to 78 property owners within a 500-foot radius from the subject property, and 4 property owners outside of the 500-foot radius, providing a 30-day time period for the submittal of comments and concerns. In addition, a Public Notice was published in the Peninsula News on January 20, 2011; 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 approval of the requested Height Variation, Grading and Site Plan Review application would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15302); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on February 22, 2011, at which time all interested parties were given an opportunity to be heard and present evidence; and, P.C. Resolution No. 2011-19 Page 1 of 10 WHEREAS, on February 22, 2011, the Planning Commission reviewed the applicant's proposal for a new 1-story single-family residence measuring 21'-4" tall and Staff's recommendation of denial, without prejudice, due to significant view impairment caused by the portions of the structure exceeding sixteen (16) feet in height; directed the applicant to re-design the project to reduce the structure height to address the view impairment concerns; agreed with the applicant to a 90-day extension of the decision deadline under the Permit Streamlining Act; and continued the public hearing to March 22, 2011; and, WHEREAS, on March 15, 2011, the applicant submitted revised project plans that proposed to reduce the proposed height of the new 1-story single-family residence to a maximum height of 18'-6"; with all other proposed ridgelines to comply with the sixteen (16) foot by-right height limit for structures on a pad lot; and proposed an additional 667 cubic yards of cut to lower the pad level of the residence by one foot; and, WHEREAS, on March 22, 2011, the Planning Commission reviewed the applicant's revised proposal for a new 1-story single-family residence measuring 18'-6" tall and Staff's recommendation of denial, without prejudice, due to possible further reduction to the proposed residence height in order to further minimize view impairment cause to neighboring properties; and continued the public hearing to April 26, 2011; and, WHEREAS, on March 28, 2011, the applicant submitted revised project plans that proposed to reduce the proposed height of the new 1-story single-family residence to a maximum height of 16-6", with all other proposed ridgelines to comply with the sixteen (16) foot by-right height limit for structures on a pad lot, along with 2,051 cubic yards of grading on 6480 Palos Verdes Drive East and 1,281 cubic yards of grading on the adjacent parcel Lot 4 of Tract 32322 (APN 7566-003-020). WHEREAS, on April 26, 2011, the Planning Commission reviewed the applicants proposal for a new 1-story single-family residence measuring 16'-6" tall, with a total of 2,051 cubic yards of associated grading at 6480 Palos Verdes Drive East and 1,281 cubic yards of grading on Lot 4. NOW, THEREFORE, THE PLANNING COMMISSION 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 signatures from a minimum of 70% (87% obtained) of the property owners within a 100-foot radius and the signatures from a minimum of 25% (41% obtained) of the property owners within a 500-foot radius. Section 2: The Height Variation is warranted since the portions of the proposed new residence which exceed sixteen feet in height do not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or P.C. Resolution No. 2011-19 Page 2 of 10 equestrian trails), which has been identified in the City's General Plan or Coastal Specific Plan, as City-designated viewing areas due to the topography in the area and the location of the subject property. Section 3: The Height Variation is warranted since the proposed new residence is not located on a ridge or promontory. The subject property is located within a hillside community, on an existing pad lot and does not overlook any other single-family residences. The residence is not located on a ridge or a promontory, as defined in the Municipal Code. Section 4: The Height Variation is warranted because the portions of the new residence which exceed sixteen feet in height, when considered exclusive of existing foliage, will not significantly impair City-protected views from the viewing areas of neighboring properties. Specifically, the portion of proposed new residence above sixteen feet will not visibly cause further view impairment from what would be already impacted by the by-right height of sixteen feet. Section 5: The Height Variation is warranted because proposed portions of the new residence that exceed sixteen feet in height have been designed to minimize the impairment of a view. Specifically, the proposed new residence has been reduced so only one ridgeline will exceed the sixteen foot by-right height limit by six inches, which will have a negligible impact to the viewing areas of the neighboring properties. Section 6: The Height Variation-is warranted because granting the application would cause no significant cumulative view impairment. More specifically, the amount of cumulative view impairment that would be caused to neighboring properties if a similar structure, such as the proposed project, were constructed on the adjacent properties of 30321 Diamonte Drive, 17 Diamonte Drive and Lot 3 of Tract 32322 would not be considered significant cumulative view impairment. Section 7: The Height Variation is warranted as the proposed addition complies with all other Code requirements, including the RS-2 zoning district development standards with respect to lot coverage, hillside and property line setbacks, landscaping, and the required garage size for single-family residences that exceed five thousand (5,000) square feet in size. Section 8: The Height Variation is warranted because the proposed new residence design and location is compatible with the character of the immediate neighborhood. More specifically, the scale and size of the proposed 1-story residence is comparable to the other sizes of residences in the immediate neighborhood, which consist of mostly 2-story residences; the proposed architectural style and building materials of stone veneer and stucco, with dark wood architectural accents, are commonly seen among the other residences within the immediate neighborhood; and the proposed structure is setback from the property lines to allow an open space between structures and the right-of-way that is compatible with other development along Diamonte Lane. P.C. Resolution No. 2011-19 Page 3 of 10 Section 9: The Height Variation is warranted because the proposed new structure is for a one-story residence and no portions of the proposed project exceeding sixteen feet in height will result in an unreasonable infringement of privacy of the occupants of the abutting residences. Section 10: The 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 properties are in a RS-2 zoning district, in which the primary use of the lots is for residential construction. The proposed grading at 6480 Palos Verdes Drive East is primarily to reduce the pad area to address view impairment concerns, as well as remove portions of a man-made hillside in preparation for a proposed new single-family residence and new driveway approach from the street easement. The proposed grading on Lot 4 is to reduce the amount of grading from the site by retaining most of the cut material from 6480 Palos Verdes Drive East, resulting in only 200 cubic yards of export for the site. Section 11: The Grading Permit is warranted since the amount of grading and proposed areas of grading do not significantly adversely affect the visual relationships with or the views from the "viewing area" of neighboring properties. Specifically, the majority of the proposed grading at 6480 Palos Verdes Drive East is in direct relation to minimizing the impacts to the viewing areas of neighboring properties. The proposed grading on Lot 4 reduces the amount of grade being hauled from the site, while being deposited downslope of any viewing areas. Section 12: The Grading Permit is warranted since the grading will preserve the natural topographic features of the property by concentrating the proposed grading to areas where previous grading occurred and, for 6480 Palos Verdes Drive East, the topography has been altered for the establishment of a building pad area, whereas for Lot 4, the grading will reasonably match the existing contours of the site. Section 13: The Grading Permit is warranted since the grading proposed for the new single-family residence has been determined to be compatible with the immediate neighborhood, as the topography of the neighborhood is such that retaining walls are common and necessary for access and development to the building pads and adjacent to the driveways for access from the street easement to the residence. Section 14: The Grading Permit is warranted since the grading is consistent with Section 17.76.040(A), the purpose and intent of which is to allow for grading activity associated with the primary use of the lot, and the new retaining walls adjacent to the new driveway are consistent with what is commonly seen when driving along Diamonte Drive, with many of the hillside properties requiring retaining walls to provide access from the right-of-way to the building pad area. Section 15: The Grading Permit is warranted since no wildlife habitats have been identified on either 6480 Palos Verdes Drive East nor Lot 4, and the grading is proposed in areas on both properties where previous grading activity has occurred. P.C. Resolution No. 2011-19 Page 4 of 10 Section 16: The Grading Permit is warranted since no proposed construction will occur on slopes over thirty-five percent (35%) steepness; the maximum finished slopes will measure thirty-three percent (33%) steepness in the north side yard area; the maximum finished slope will measure twenty-five percent (25%) on Lot 4; the maximum depth of cut shall not exceed 4'-6" in the north side yard area; the maximum depth of fill shall not exceed 5'-0" on Lot 4; no grading is proposed on slopes over fifty percent (50%) steepness; there is one 3'-6" tall retaining wall adjacent to the proposed new driveway in the northern side of the property; the driveway slope will measure nine percent (9%) in grade, which is below the required 20% maximum slope permitted; and the slopes adjacent to the driveway shall measure thirty-three percent (33%) in steepness, below the maximum sixty-seven percent (67%) allowable. Section 17: The proposed 4'-6" tall upslope retaining wall exceeds the grading criterion of one 3'-6" tall upslope or downslope retaining wall height in the side yard. However, this deviation is approved per RPVDC Section 17.76.040(E)(10) because: a. The deviation is warranted because all other grading criteria of RPVDC Section 17.76.040(E)(1) through Section 17.76.040(E)(8) have been satisfied. b. The deviation is warranted because it is consistent with the purpose of a grading permit, as the proposed 4'-6" tall upslope retaining wall will retain a man- made hillside created in order to develop the site, maintains the harmonious manner of the adjacent lands, and many of the neighboring properties were construction with retaining walls on a similar location of their property. C. The deviation is warranted because the proposed grading 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 utilize retaining walls for access and the development of the lots and will only alter areas of previous grading which are not natural topography. d. The deviation is warranted because the proposed grading activity will not be detrimental to the public safety or the surroundings properties as any construction activity proposed on the subject lot would be reviewed, inspected and approved by the Building and Safety Division and the City's Geological Consultant. The proposed 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. e. The deviation is warranted because notice of grading approval would be given to the applicant and to all owners of the four (4) properties adjacent to the subject property. Section 19: The requested Site Plan Review is warranted since the proposed new 810 square foot guest quarters and 256 square foot covered pavilion, both detached from the main residence, meet the appropriate Development Code standards P.C. Resolution No. 2011-19 Page 5 of 10 related to lot coverage, accessory structure height and setbacks for the RS-2 zoning district. Section 20: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.02.040(C)(1)(g) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following April 26, 2011, the date of the Planning Commission's final action. Section 21: 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, a Height'Variation, Grading and Site Plan Review request for the demolition of an existing 1-story residence and detached guest house, and construction of a new 6,698 square foot single-family residence and garage, 810 square foot guest quarters and 256 square foot covered pavilion, with 2,051 cubic yards of total grading at 6480 Palos Verdes Drive East, 1,281 cubic yards of fill on Lot 4, and 200 cubic yards of net export. PASSED, APPROVED AND ADOPTED this 26th day of April 2011, by the following vote: AYES: Commissioners Emenhiser, Gerstner, Leon, Lewis, Vice Chairman Tetreault NOES: None ABSTENTIONS: Chairman Tomblin RECUSSALS: None ABSENT: Commissioner Knight --� avid L. Tomblin Chairman Joel Rojas, AICP Community Development Director P.C. Resolution No. 2011- 19 Page 6 of 10 Exhibit "A" Conditions of Approval Case No. ZON2010-00252 (HV, GR, SPR) 6480 Palos Verdes Dr East (Thomas) 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 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 applicant 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 the 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. P.C. Resolution No. 2011-19 Page 7 of 10 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. 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 disturbances to the surrounding property owners. 11. Permitted hours and days of 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. This approval is to demolish the existing 8,807 square foot residence, attached garage and detached guest quarters; and construction of a new 5,613 square foot 1-story single-family residence, 1,085 square foot attached, in-direct access 3-car garage, 819 square foot detached guest quarters, and 256 square foot detached covered pavilion. 13. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (28% proposed). 14. The approved residence shall maintain the following setbacks: ■ Front yard: 20'-0" min. (98'-10" proposed) ■ Rear yard: 20'-0" min. (75'-6"proposed for the residence, 20'-0" proposed for the guest quarters) ■ North side: 10'-0" min. (40'-4" proposed for the residence, 48'-7" proposed for the guest quarters) ■ South Side: 10'-0" min. (44'-10" proposed for the residence, 20'-0" proposed for the covered pavilion) 15. The pad elevation shall be graded from elev. 992.0' to 990.25', as indicated on the stamped approved plans. 16. The height of the new residence is limited to 16'-6" tall from the highest elevation of existing building pad covered by structure (992.0') to the ridgeline (10085), and 18'-3" tall from where the lowest foundation meets finished grade (990.25') to the ridgeline (10085). P.C. Resolution No. 2011-19 Page 8 of 10 SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. 17. The Grading Permit allows a total 2,051 cubic yards of grading at 6480 Palos Verdes Drive East. The proposed 1,766 cubic yards of cut consists of lowering of the pad level of the residence, the removal of the hillside in the northern side yard area, the removal of a portion of the existing driveway and additional landscaping in the front yard area. The proposed 285 cubic yards of fill consists of the removal and construction of the driveway areas and leveling of the pad area, and landscaping a portion of the front yard area. 18. Additional grading of 1,281 cubic yards of fill shall be deposited on Lot 4 of Tract 32322 (APN 7566-003-020), as indicated on the approved plans. The maximum depth of fill shall not exceed 5'-0" in height. The source of this fill is the net cut from 6480 Palos Verdes Drive East not being exported from the site. All necessary Building Permits and Geological approvals shall be obtained for the grading on this site. The applicant shall be responsible for the installation and maintenance of erosion control measures so as to stabilize and contain this fill material on site. 19. As a result of the grading quantities described above, a maximum of 200 cubic yards of export may be removed from the site. 20. All retaining wall heights shall match the elevation call-outs indicated on the stamped approved plans. The retaining wall adjacent to the new driveway shall not exceed 3'-6" tall and the retaining wall located upslope shall not exceed 4'-6" tall and shall be a minimum of 3'-0" apart from any other retaining walls. 21. Based upon a foliage analysis conducted by Staff, the following must be done prior to building permit final in order to restore the protected views from surrounding properties: the pepper tree in the rear yard shall be trimmed down and maintained at a height not to exceed 16 feet; and the pepper tree on the slope between the building pad and Diamonte Lane shall be trimmed down and maintained at a height not to exceed 16 feet in height. 22. Prior to issuance of a building permit, a Landscape Documentation Package must be submitted for review by the City's landscaping consultant and approval by the Community Development Director. The Landscape Documentation Package shall be prepared and signed by a landscape architect, landscape designer, or irrigation designer, as appropriate, except that the soil management report shall be prepared by a qualified soil and plan laboratory. The applicant is responsible for paying for the review by the City's Landscape Consultant. P.C. Resolution No. 2011-19 Page 9 of 10 23. This approval does not permit any new structures within the private right-of-way easement of Diamonte Lane nor in the 25' wide easement running along the northern property line. 24. All fences, walls and hedges located between the new guest quarters and the easement line for Diamonte Lane shall not exceed 42" tall. 25. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 26. 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 a minimum 7' vertical clearance. 27. All utility service lines installed to service the buildings shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 28. The proposed chimneys shall not exceed the minimum height required for compliance with the Uniform Building Code. P.C. Resolution No. 2011-19 Page 10 of 10