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PC RES 2002-023PC RESOLUTION NO 2002-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, CONDITIONAL USE PERMIT AND GRADING PERMIT (CASE NO. ZON2002-00010) FOR A PROPOSED 348 SQUARE -FOOT ONE- STORY ADDITION TO AN EXISTING 4,413 SQUARE -FOOT TWO- STORY SINGLE-FAMILY RESIDENCE, LOCATED AT 2 BURRELL LANE. WHEREAS, on January 4, 2002, the applicant, Mr & Mrs Raval, submitted an application for a Conditional Use Permit and Grading permit (Case No ZON2002-00010), requesting approval to construct a 377 square -foot one-story addition to an existing 4,413 square -foot two-story single-family residence The addition will measure 15'-8" in height as measured from the lowest point covered by the structure to ridge On April 30, 2002, the applicant submitted a Variance application to allow the addition to encroach onto an extreme slope area. In addition, the proposal also includes two (2) retaining walls located within 3 -feet of each other measuring 8 -feet in total height and an associated 48 cubic yards of grading WHEREAS, on May 28, 2002, upon submittal of additional information, Staff deemed the applications generally complete for processing, 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 Conditional Use Permit, Variance and Grading permit (Case No ZON2002-00010) would 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, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 23, 2002, at which time all interested parties were given an opportunity to be heard and present evidence, and, WHEREAS, on July 23, 2002, the Planning Commission directed the applicant to revise the plans so as to not encroach onto an extreme slope area of the lot and continued the public hearing to the August 27, 2002, Planning Commission meeting, and, WHEREAS, at the August 27, 2002 Planning Commission meeting, 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: That the approved project includes the construction of a 348 square -foot one-story addition to an existing 4,413 square -foot two-story single-family residence The proposal also includes two (2) retaining walls measuring 3 and 5 -feet in height located within 3 - feet of each other and, therefore, 8 -feet in total height. In addition, approximately 48 cubic yards of grading is being proposed P C Resolution No 2002-23 Page 1 Section 2: The subject lot is adequate in size and shape to accommodate the proposed 348 square -foot single -story addition. The proposed addition will not encroach into any front, rear or side setbacks and will be located under the City's maximum height limit of 16 - feet for one-story additions The lot coverage for the site will increase slightly but will remain under the maximum allowable 40% RS -2 zoning designation Section 3: The proposed 348 square -foot addition will not generate additional traffic as the lot is currently developed with a single-family residence and is zoned for residential. Section 4: The adjacent residential properties will not be adversely affected by the proposed addition on the subject lot The proposed addition will not create additional noise or traffic and will be located entirely on the subject lot. The adjacent property to the east is located on the opposite side of where the addition is proposed and will clearly not be affected. The adjacent property to the west is located upslope at a height differential of approximately 10 -13 - feet and will not be affected visually by the addition. Section 5: The subject use is not contrary to the City's General Plan, as the proposal will not affect the public safety and welfare of the City. A proposed one-story addition to an existing residential structure in a Residential Zoned area of the City is not contrary to the General Plan and it policies. Section 6: The subject property is not within an overlay control district Section 7: The proposed addition will not create additional lighting, vehicular ingress and egress, noise, vibration, odors, or any other related inconvenience to adjoining properties or the public. The addition will be located in a reasonable location so as to protect the safety of the public and, in addition, will comply with all of the conditions set forth in the original Conditional Use Permit for the residential tract. Section 8: The grading does not exceed that of which is necessary for the permitted primary use of the lot, as the proposed retaining walls will help create a flat area for the placement of a residential structure, which is the permitted primary use of the lot. There have been no additions to the residence since then, and the maintenance of a single-family home is the permitted primary use of the subject lot as established by the City's Development Code Although the grading will accommodate an addition to the residence, the grading and retaining walls will also help support the side yard area and will create more usable recreational space. Currently, the homeowner cannot use the side yard of the residence, as it is an upslope, which contains no relatively flat areas. Section 9: The grading and related retaining walls will not significantly affect views and visual relationships from neighboring properties The grading that has been done is approximately 8 -feet in height as measured from the existing adjacent grade on the lower side and will not affect view corridors of neighbors, since all of the main viewing areas of these neighboring homes are located above and to the side of the retaining walls. The neighboring home to the west contains a building pad that is at a significant distance in height above the related grading and retaining wall. The proposed retaining wall will not be clearly visible from the public right of way as the wall will be located at a significant distance lower than the nearest street level Section 10: The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The grading is located on a portion of the subject P.0 Resolution No 2002-23 Page 2 lot that was previously graded to accommodate the construction of the residence in 1984 The proposed retaining walls will step with the side yard man-made upslope to closely resemble the natural contours of the site and so as to minimize disturbance to the slope The finished contours will be relatively natural as the proposed retaining wall will angle with the side yard slope and will respect the City's Development Code maximum height of 8 -feet for an upslope retaining wall not located within any front or street side setback area. Section 11: As proposed, the 5 -foot and 3 -foot retaining walls do blend the man- made and/or manufactured slope into the natural topography. The retaining walls were reduced in height and are stepped with the slope, which provide proper land sculpturing and help the retaining walls and grading blend with the natural topography. Section 12: The proposed project will not cause excessive and unnecessary disturbance of any natural landscape or wildlife in that the proposed grading will be located on a slope that contained mostly grass and dirt with little natural vegetation. Additionally, this area does not consist of any protected wildlife habitat or vegetation. Section 13: The proposed grading will be located on an area, which is considered an extreme slope and exceeds the maximum depth cut/fill of five (5) feet Staff reviewed the project in accordance with the established grading criteria in the Development Code, and determined that the entire criterion of subsections E 1 through E 8 have been satisfied The retaining walls are not clearly visible from the street and public right-of-way and from surrounding residences since the retaining walls are constructed directly along the west side property line and downslope from the street of access. The grading has occurred in a manner harmonious with adjacent lands given that the particular proposed retaining walls and grading activity is not the only one of its kind in this specific residential tract, which spans eleven (11) residences The proposed retaining walls will help support the side yard area and help give the homeowner more usable side yard area. This particular slope is the only one of its kind on the subject lot and is man-made. Staff feels the correct design and articulation has been proposed to accommodate two (2) retaining walls on an extreme slope and in this particular residential tract The proposed retaining wall will be 8 -feet in height, which is permitted by the City's Development Code for upsloping retaining walls. Approval of the grading application will not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity. Lastly, approval of the grading application will not be detrimental to the public safety nor to other property. Section 14: Any interested person may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040.C.1.j 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 final action. Section 15: 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, Conditional Use Permit and Grading Permit (Case NO. ZON2002-00010) for the construction of a 348 square -foot one-story addition and two (2) retaining walls measuring a total height of 8 -feet located along the side of the residence. P.0 Resolution No. 2002-23 Page 3 Approved and Adopted this 27th day of August 2002, by the following vote. AYES Jon Cartwright, Craig Mueller, David Tomblin. Susan Cote Frank Lyon NOES ABSTENTIONS' Tom Long, Clara Duran Reed ABSENT foel oras, C 41 � ire for of P an ing, Building and Code Enforcement; and, Eretary to an Commission Jon S Cartwright, Chairman P C Resolution No 2002-23 Page 4