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PC RES 2002-002J RESOLUTION NO. 2002-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, HEIGHT VARIATION N0. 930 AND GRADING PERMIT NO. 2279, AND DENYING MINOR EXCEPTION PERMIT NO. 596, TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE TO ACCOMMODATE THE CONSTRUCTION OF A NEW 3,921 SQUARE FOOT, TWO- STORY, SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 6528 NANCY ROAD. WHEREAS, on May 2, 2001 the subject applications, Height Variation No 930, Grading Permit No. 2279 and Minor Exception Permit No. 596 were submitted to the Planning Department by the property owners, Mr. and Letvin of 6528 Nancy Road, to allow the demolition of an existing 1,522 square foot single-family residence to accommodate the construction of a new 3,921 square foot, two-story, single-family residence with 594 cubic yards of associated grading; and, WHEREAS, on November 6, 2001 the City's Geotechnical Engineer reviewed and conditionally approved the applicants' geotechnical reports and studies; and, WHEREAS, after several meetings attended by Staff and the property owners and their architect, revised plans were submitted and deemed complete for processing on November 5, 2001; and, WHEREAS, on November 5, 2001, the required public notices for the December 11, 2001 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula !News on November 10, 2001; and, WHEREAS, in response to the public notice, the City received several comment letters from neighboring property owners expressing concern with the accuracy of the project silhouette After further investigation, Staff re -measured the silhouette and determined that the footprint of the silhouette was incorrectly plotted by approximately five (5) feet, which directly impacted the depicted height. As such, the public hearing was continued to the January 22, 2002 Commission meeting to allow the applicants to revise the silhouette, and, WHEREAS, on January 7, 2002 the applicants informed Staff that the project silhouette was revised Soon thereafter, Staff measured the silhouette and determined it was plotted correctly, accurately depicting the proposed height of the structure However, Staff was unable to re -notice the public hearing in time for the January 22, P.C. Resolution 2002-02 Page 1 of 7 2002 meeting, and therefore the Planning Commission continued the public hearing to the February 26, 2002 Planning Commission meeting, and, WHEREAS, on January 10, 2002, the required public notices for the February 26, 2002 Planning Commission meeting were re -noticed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on January 12, 2002; and WHEREAS, pursuant to the provisions of the California Quality Act, Public Resources Code Section 21000 et.seq ("CEQX), 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 Grading Permit No. 2191 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 3); and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 26, 2002, at which all interested parties were given the 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 That in regards to Height Variation No 930 A. The applicants have successfully complied with the Early Neighborhood Consultation process established by the City by obtaining 38 signatures (55%) out of the 69 properties within the 500' radius, and 9 signatures (75%) out of 12 properties within the 100' radius. B. The proposed structure does not significantly impair a view from public property which has been identified in the City's General Plan and the Coastal Specific Plan, since the subject property is located in a neighborhood developed with single-family residences that is not in an area designated as a public "viewing area" or the City's Coastal District. C. The proposed structure is not located on a ridge or promontory in that the project site is located on a graded lot that was created when the surrounding neighborhood was development. D. Although the proposed project will not create a significant view impairment to surrounding properties, the project could be modified to further minimize any view impacts that may occur. The project, as conditioned, will minimize view P.C. Resolution 2002-02 Page 2 of 7 impacts from surrounding properties provided that the project is modified to include the following - 1. Reduce the roof pitch from 31/4:12 to 3:12 2. Conduct additional grading so that the existing building pad is lowered by approximately 2 to 4 feet 3 Reduce the height of the interior ceiling for both the lower and upper level so that the overall structure is reduced in height by no less than V-6". E. The subject property is located in an area that consists of unique topography that has characterized the existing development within the neighborhood. As such, "protected views" as defined by the Development Code, vastly varies between lots since several of the existing homes within the immediate neighborhood are currently developed as two-story residences, but visually appear as single -story structures from the street because of the "down sloping" nature of these lots. Therefore, due to the topography of the immediate neighborhood coupled with the City's height requirements for "building pad" and "down sloping" lots, future development projects involving an additional story within the immediate neighborhood will be limited. Furthermore, although some second story additions may result in potential view impacts, the impacts may not be from "protected viewing areas" due to the "by right" height requirements for the varying lot classifications nor considered a "significant" view impact Therefore, the Commission finds that in terms of cumulative view impacts, the granting of the proposed project will not cause a significant cumulative view impairment. F. The proposed structure, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel since the portion of the proposed structure that complies with the Development Code's permitted "by right" height limit already impairs views. Views that are impaired by the "by right" height limit are not considered by the Development Code as protected views. Nonetheless, it is determined that the design of the proposed project may be enhanced to further minimize views, as identified in sub -section D of this Resolution, so that those properties which result in a view impairment caused by the proposed project may be partially restored Therefore, the proposed second level does not create a significant view impairment beyond that which would result from a structure built to the maximum permitted "by right" height limit of 16720'. Therefore, the main impact is to "unprotected views," with only insignificant impacts to "protected views." G The proposed structure complies with all other code requirements, as it pertains to the RS -3 zoning district's residential development standards for lot coverage, setbacks, parking and other code requirements stated in the Development Code. As for those components of the proposed project that the Development Code does not permit "by right," the respective applications have been requested and reviewed according to the appropriate guidelines, as discussed in subsequent Sections of this Resolution. Additionally, further approvals must be obtained P.C. Resolution 2002-02 Page 3 of 7 from the City's Geotechnical Consultant in the building stage, and building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code H. The proposed structure is compatible with the immediate neighborhood character because at 3,921 square feet, it will not be the largest home on Nancy Road and the structure is designed in a manner that resembles the old character of the Miraleste area by integrating architectural features such as clay tile roof, smooth stucco finish, wood doors and windows, and wrought iron. As for the "rectangular" shape of the proposed structure, it is found to be compatible with other similarly styled homes within the 10 closest homes on Nancy Road as well as within the Miraleste area However, to balance the weight of the structure's visual appearance, architectural features have been integrated into the design of the residence, such as the proposed street facing balcony, that softens the mass and bulk of the structure The proposed structure does not result in an unreasonable infringement of privacy from the immediate neighboring properties because the natural sloping terrain of the neighborhood combined with the winding street configuration results in a staggered placement of neighboring yards and structures The proposed structure is designed and plotted on the project site so that windows or balconies do not look onto a neighbors yard nor the interior of a neighbors home. Section 2: That in regard to Grading Permit No. 2279 A The grading does not exceed that which is necessary for the permitted primary use of the lot in that the proposed 594 cubic yards of associated grading is necessary to prepare the project site for the construction of a single-family residence, which is considered the permitted primary use of the property. As proposed, the grading is to accommodate the demolition of an existing single- family residence to allow the construction of a new single-family residence Furthermore, the grading proposed enhances the structure's overall appearance in terms of mass and bulk by lowering the building pad. B. The grading and/or related construction does not significantly adversely affect visual relationships nor the views from neighboring properties since the proposed grading will not raise the height of the existing building pad, but rather cut into portions of the existing building pad to maintain a lower overall building height. Furthermore, the applicants' request to grade the project site in order to lower the building pad, which Staff believes should be increased so that the existing building pad is lowered an additional 2 to 4 feet in height Although lowering the building pad an additional 2 to 4 feet in height results in additional earth movement, including export, the change in the building elevation will result in a structure that is more compatible with the character of the immediate neighborhood as well as enhance or preserve views that would be partially impaired by the "by right" height of the proposed structure. P.C. Resolution 2002-02 Page 4 of 7 C The nature of grading minimizes disturbance to the natural contours and finished contours are reasonably natural in that the proposed grading is to occur on a portion of the protect site that was previously graded to accommodate the existing residence The proposed grading improvements will occur on a defined building pad that is relatively flat and will not require further disturbance to the site's natural contours or finished contours, which are considered reasonably natural. D. The grading takes into account the preservation of natural topographic features and appearances so as to blend any man-made or manufactured slopes into the natural topography in that the majority of the grading requested will be conducted under the existing building footprint to further improve and reduce an existing pad elevation for the proposed structure Furthermore, the proposed grading does not include any modification to the natural topographic features so that land sculpturing is required. E. The grading will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation in that the proposed grading will be located on a lot that was disturbed at the time of the development of the original tract when the original residence was created on this lot, and is therefore devoid of native vegetation In addition this project will not impact the bluff where native vegetation may exist Therefore, the proposed grading will not significantly impact any natural vegetation or wildlife habitat F. The grading conforms with the Development Code's standards pertaining to grading on slopes, height of cut/fill and retaining walls in that the grading requested is necessary for the development of the subject property and complies with the Development Code's criteria in that no earth movement will occur on slopes equal to or greater than 35% nor will the grading result in slopes exceeding a 50% gradient. Furthermore, the excavation required for the proposed structure will not exceed a height of five (5) feet Section 3: That in regard to Minor Exception Permit No. 597: Pursuant to the Development Code, a Minor Exception Permit may be requested to allow a reduction in the required setback by no more than twenty (20) percent provided that one of the following findings can be made - 1. The requested Minor Exception Permit is warranted by practical difficulties; or, 2. The requested Minor Exception Permit is warranted by an unnecessary hardship; or, 3 The requested Minor Exception Permit is necessary to avoid inconsistencies with the general intent of this Title. P.C. Resolution 2002-02 Page 5 of 7 The intent of the setback criteria is to provide an adequate separation between property lines and development for air and light, and to enhance the aesthetic character of a neighborhood by maintaining a feeling of openness between the property lines and the residences. In reviewing the applicants' request to reduce the required twenty (20) foot front yard setback to accommodate a proposed balcony, it was determined that none of the required findings can positively be made because the proposed balcony is not considered an integral component of the proposed structure nor the permitted use of the lot Furthermore, the proposed balcony may be reduced in size so that it still serves its purpose as a "usable" decorative architectural feature while complying with the required setback criteria. Therefore, the Planning Commission hereby denies the applicants' Minor Exception Request Section 4: A Notice of Decision shall be given to the applicant, to all property owners adjacent to the subject property and any interested party informing them of the Planning Commission's decision. Section 5: Any interested party may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17 02.040(C)(1)0) 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 the date of the Planning Commission's adoption of this resolution. Section 6: 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 project modifications as stated herein, Height Variation No. 930 and Grading Permit No. 2297, thereby approving the construction of a new 3,921 square foot, two-story, single-family residence consisting of 1,566 square feet on the lower level, 1,629 square feet on the upper level and a 726 square foot attached two car garage at a height not to exceed 24', as measured from the lowest finished grade (97 20') covered by structure to the top of the highest roof ridgeline (12120'), subject to the conditions of approval in Exhibit "A". Furthermore, the Planning Commission hereby denies Minor Exception Permit No. 596. P.C. Resolution 2002-02 Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 26h day of February, 2002, by the following vote: AYES: Chairman Lyon, Commissioners Cartwright, Vannorsdall NOES: Commissioners Long and Mueller ABSTENTIONS: None ABSENT: None #el Rojas, AICP Qirectoy of Plannil a de Enforcd Secretary to the P 19 , ruilding qnt; and, nning Commission - Z' 4 �nj-'4- Frank Lyon Chairman P.C. Resolution 2002-02 Page 7 of 7 EXHIBIT `A' CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 930 AND GRADING PERMIT NO. 2279 GENERAL I Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2 The approval shall become null and void after one (1) year from the date of approval by the City, unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process 3. The proposed project shall be constructed in substantial compliance with the plans approved and stamped by the Planning Department with the effective date of this approval. 4 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. 5. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 6 The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays 7. The construction site 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 is not 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. 8 The subject property shall be securely enclosed with a temporary construction fence, not to exceed six (6) feet in height, during the duration of construction HEIGHT VARIATION 9. The proposed structure, as revised by the Planning Commission, shall not exceed 16'-4" in height as measured from the highest existing grade covered by P.C. Resolution No, 2002-02 Conditions of Approval Exhibit "A" structure (104 90') to the top of the highest roof ridgeline (121.20'), and 24'-0" in height as measured from the lowest finished grade elevation covered by structure (97.2') to the top of the highest roof ridgeline (121 20') A BUILDING HEIGHT CERTIFICATION IS REQUIRED. 10 The project silhouette shall be removed no later than seven (7) calendar days from the project decision date GRADING PERMIT 11 The grading shall not exceed amount necessary to lower the building pad to the elevation of 97.2' Any excess cut shall be exported off-site The applicants shall provide the Planning Department with a finalized grading plan prior to submittal of plans to Building and Safety Plan Check for review and approval by the Director of Planning, Building and Code Enforcement. 12. The City's Geotechnical Consultant shall review the project in the "plan check" stage to determine whether further reports and investigation shall be required prior to issuance of building permits 13 The Director of Public Works shall review and approve a haul route for all exported earth prior to issuance of grading permits MISCELLANEOUS 14 The residence shall not exceed 3,921 square feet, of which 726 square feet will be in the form of a two car attached garage, 1,566 square feet will be situated on the lower level and 1,629 square feet on the upper level A SQUARE FOOTAGE CERTIFICATION PREPARED BY A REGISTERED SURVEYOR INDICATING THAT THE NEW RESIDENCE DOES NOT EXCEED 3,921 SQUARE FEET, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, PRIOR TO A FRAMING INSPECTION. 15 The lot coverage requirement for the subject property located in the RS -3 zoning district shall not exceed 45% The proposed Lot Coverage is 32% 16 The following minimum setbacks shall be maintained for the proposed residence Front Yard 20'-0" minimum (proposed 20') Rear Yard Not Applicable (wedge / triangular shaped lot) Side Yard 5'-0" minimum (proposed 7') A SETBACK CERTIFICATION SHALL BE PREPARED BY A LICENSED SURVEYOR INDICATING COMPLIANCE WITH THE APPROVED SETBACKS PRIOR TO A FOUNDATION INSPECTION. P.C. Resolution No 2002-02 Conditions of Approval Exhibit "A" 17. A minimum of a two car garage shall be maintained at all times with a minimum depth of twenty (20) feet, a minimum width of eighteen (18) feet and a minimum vertical clearance of seven (7) feet, as measured from the interior finished walls. 18. The proposed driveway shall not exceed a maximum gradient of 20%, as required by the City's Development Code 19 The proposed residence shall be finished in an earth tone color deemed acceptable by the Director of Planning, Building, and Code Enforcement prior to issuance of building permits 20. The proposed trash enclosure shall be visually screened from neighboring properties and the public right-of-way 21. The proposed front yard wall shall not exceed 42 inches in height, as measured from the lowest adjacent grade 22. All mechanical equipment, including but not limited to the spa equipment and air conditioning condenser units, shall be no closer than three (3) feet from the interior side property line and shall not exceed 6' in height. Said equipment shall be adequately screened from the neighboring properties and the right of way 23. No mechanical equipment shall be permitted on the roof 24 All hardscape improvements, including the driveway curb cut, located within the public right-of-way (Nancy Road) shall require review and approvals from the Director of Public Works prior to issuance of building permits. 25. A Landscape Plan shall be submitted to the Planning Department for approval prior to issuance of building permits The Landscape Plan shall indicate: 1) The location and type of vegetation proposed for the subject property; and 2) How landscaping will visually screen the westerly facade. Additionally, the plans shall indicate the mature height of all foliage, which shall not exceed sixteen (16) feet in height or the top of the highest roof ridgeline, whichever is lower. 26. The pine tree located in eastern portion of the front yard shall be removed prior to issuance of grading or building permits 27 Prior to issuance of grading permits, the property owner shall obtain approvals by the City of an Urban Stormwater Plan that is in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES). 28. Prior to issuance of grading permits, approvals shall be obtained from the Los Angeles County Fire Department for the proposed project 29 No outdoor lighting shall be permitted that is directed towards a parcel of P.C. Resolution No. 2002-02 Conditions of Approval Exhibit "A" property other than that upon which such light source is physically located Additionally, no lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten (10) feet above grade. Individual, nonreflector, incandescent light bulbs shall not exceed 150 watts per bulb or an aggregate of 1,000 watts for a lot. ••• C i ii j • 30. The applicant shall submit revised architectural plans that reflect all project modifications required by the Planning Commission for review and approval by the Director of Planning, Building and Code Enforcement 31 The proposed roof pitch shall be revised from 3%-12 to a roof pitch no steeper than 3:12. 32. The interior clearance between the finished floor and the top of the ceiling plate shall be revised as follows. Lower Level: 9' in height as measured from the finished floor to the top of the ceiling plate Upper Level 8'-6" in height as measured from the finished floor to the top of the ceiling plate adjacent to the interior building perimeter walls 33. The proposed balcony located along the street facing facade shall be modified to respect the required twenty (20) foot front yard setback criteria for the RS -3 zoning district. M -IH EIGHTVAIH V9301CON DITION S.doc P.C. Resolution No. 200202 Conditions of Approval Exhibit "A"