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PC RES 2003-013P.C. RESOLUTION NO 2003-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION AND GRADING PERMIT (CASE NO. ZON2002-00185), THEREBY ALLOWING THE CONSTRUCTION OF A 7,338 SQUARE FOOT SINGLE FAMILY RESIDENCE AND 398 CUBIC YARDS OF GRADING, FOR PROPERTY LOCATED AT 3290 VIA CAMPESINA. WHEREAS, On April 16, 2002, the applicant submitted a Height Variation and Grading Permit application requesting to construct a new 7,338 square foot residence and conduct 398 cubic yards of grading Staff completed a review of this application on May 9, 2002, at which time it was determined that the application was incomplete due to missing information on the application and project plans On, February 18, 2003 the remaining information was submitted to staff, and, WHEREAS, on February 25, 2003, the applications for the Height Variation and Grading Permit were deemed complete by Staff; 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 659625(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Height Variation and Grading Permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); 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 April 8, 2003, 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: That the approved project includes the construction of new 7,338 square foot residence and conduct 398 cubic yards (201 cubic yards cu; 197 cubic yards fill) of grading. Additionally, the approved protect includes the construction of a 5' retaining wall to the rear (south side) if the residence Section 2: The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the city by obtaining 64% of the property owners' signatures within 500 feet of the subject site Section 3: The Height Variation is warranted since the structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, or equestrian trails), which has been identified in the City's General Plan or Coastal Plan, as a city -designated viewing area. There is sufficient .grade differential between the project site and public property in the area such that the proposal does not interfere with views or vistas from these properties P.C. Resolution No 2003-13 Page 1 of 5 rk� Section 4: The Height Variation is warranted since the proposed structure is not located on a ridge or promontory The subject property is near the toe of the slope, as such not on a ridge or promontory. Section 5: The Height Variation is warranted since the structure is designed and situated in such a manner as to minimize impairment of a view The applicant has designed the residence as a single story and has limited the areas that exceed the allowable 16120' building envelope Section 6: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application Due to the grade differential between the subject property and other properties in the area, in combination with the single story residence, the new structure will not impair views Section 7: The Height Variation is warranted since the proposed structure, when considered exclusively of existing foliage, does not significantly impair a view from the viewing area of another parcel As noted in Section 5 and 6 above, no view impairment is caused by this structure. Section 8: The Height Variation is warranted since the proposed structure complies with all other code requirements. The proposed residence meets all of the development standards for properties in the RS -2 zone Section 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character Based upon an analysis of the immediate neighborhood, it is found that the proposed structure incorporates architectural styles and materials found in other homes, the proposed residence has a comparable scale as other residences, and the front yard setback is similar to other homes in the area Section 10- The Height Variation is warranted since the proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences The residence is a single story structure on a building pad that is at a lower elevation than other properties in the area, as such will not infringe onto the privacy of other lots Section 11: The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Chapter 17 96 of the Municipal Code The majority of the grading (329 cubic yards) is limited to areas under the building footprint and to backfill an existing swimming pool The remaining grading (69 cubic yards) will allow an increase in the useable rear yard recreation area of the property Section 12: The grading and/or related construction does not significantly adversely affect the visual relationships with, or the views from, neighboring properties As noted in Sections 5, 6, and 7 above, the proposed project does not cause view impairment. Section 13• The nature of the grading minimizes disturbances to the natural contours and finished counters are reasonably natural. The majority of the grading will occur on the existing building pad For portions of the grading that occur on the slope, this grading will not be visible from the public right of way or other properties in the area, thus not alter the appearance of the natural contours P.C. Resolution No 2003-13 Page 2 of 5 Section 14: The grading takes into account the preservation of natural topographical features and appearances ,by means of land sculpturing so as to blend any man-made or manufactured slope into natural topography. The proposed grading does not include the creation of manufactured slopes. Section 15: The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. Vegetation on the property is limited to ornamental landscaping, which is not considered part of the natural vegetation of the area and does not serve as a wildlife habitat. Section 16: The grading conforms to the standards for grading on slopes and heights of cut and fill. All grading is occurring on slopes of less than 35% and the heights of fill are needed due to the existing cut approved for the swimming pool Additionally, the height of retaining walls meets the standards set forth in the Municipal Code. Section 17: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council Pursuant to Sections 17.64.060, 17 70.030, 17.72.100, 17 76 040(H) and 17.80 070 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 Apnl 23, 2003 Section 18: 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 the construction of a new 7,338 square foot residence and conduct 398 cubic yards (201 cubic yards cut, 197 cubic yards fill) of grading Additionally, the approved project includes the construction of a 5' high retaining wall to the rear (south side) if the residence, 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 in the area. PASSED, APPROVED AND ADOPTED this 81" day of April 2003, by the following vote. AYES- CARTWRIGHT, COTE, DURAN REED, LYON, TOMBLIN, CHAIR LONG NOES - ABSTENTIONS: ABSENT. MUELLER A_C� oel ojas, AI re or of Pla nin , Building and Code Enforcement; and, Secretary tot anning Commission Thomas Long, Chairman P.C. Resolution No 2003-13 Page 3 of_5 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-13) (Case No. ZON2002-00185) General Approval of this Height Variation and Grading Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations Unless otherwise expressly specified, all other requirements of.the City of Rancho Palos Verdes Municipal Code shall apply. 2 The applicant/property owner shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void 3 The approval shall become null and void after one (1) year from the date of this approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17 86 070 of the City's Development Code This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 4 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5 Permitted hours of construction are 7 00 a.m to 7*00 p m Monday through Saturday No work is permitted on Sundays or legal holidays 6 The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department 7 The construction site, adjacent public and private properties 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 8 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 9 All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 10. Prior to the submittal of plans to building and safety plan check, the applicant shall revise the plans to omit the structure on the slope and to show the correct grading quantities P.C. Resolution No 2003-13 Page 4 of 5 ■ sem` Height Variation 11 The approval of this Height Variation allows for the construction of a new 7,338 square foot single-family residence. Said residence shall be one story only 12 The approved project shall maintain a maximum of 40% lot coverage. (Proposed 36 3%) 13 The proposed structure shall maintain the following minimum setbacks. 20' front (proposed 82') 15' rear (proposed 72') 5' side (proposed 6'-6" on east and 10'-4" on west) 14. The new residence shall not measure more 20.25 feet in height, as measured from the highest grade adjacent to the foundation/slab (544.25") to the highest roof ndgeline (564.5), and 23 5', as measured from the lowest grade adjacent to the foundation/slab (541') to the highest roof ridgeline BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 15 The residence shall maintain a minimum three car enclosed garage (27' wide x 20' deep) at all times Grading Permit 16. The approval of a Grading Permit is to allow 398 cubic yards of grading, which includes 201 cubic yards of cut and 197 cubic yards of fill Additionally, the Grading Permit allows a 5' high retaining wall along the toe of the slope to the rear (south side) of the residence and 11 caissons with a maximum depth of 27.08' 17 Prior to budding permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a haul route from the Director of Public Works. P.C. Resolution No 2003-13 Page 5 of 5