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PC RES 2003-035P.C. RESOLUTION NO 2003-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2003-00066, A GRADING PERMIT FOR A TOTAL OF 1,499 CUBIC YARDS OF GRADING TO ACCOMMODATE A NEW 4,703 SQUARE FOOT SPLIT-LEVEL, SINGLE-FAMILY RESIDENCE ON AN UPSLOPE FLAG -LOT, AND A MINOR EXCEPTION PERMIT TO EXCEED THE MAXIMUM LOT COVERAGE BY 20% AND CONSTRUCT A COMBINATION RETAINING WALL AND FENCE UP TO 1 V-6" IN HEIGHT, FOR PROPERTY LOCATED AT 51/2 ROCKINGHORSE ROAD (PARCEL MAP 14570, LOT 2) (APN 7568-008-025). WHEREAS, on February 11, 2003, the applicant Raul Podesta representing property owner Philip Califano, submitted Case No ZON2003-00066, a Grading Permit and a Minor Exception Permit application for 1,499 cubic yards of grading to accommodate a new 4,703 square foot residence on a vacant flag -lot, to exceed the maximum lot coverage, and to construct a combination retaining wall and fence up to 11'-6" in height; and, WHEREAS, on March 13, 2003, the applications were deemed incomplete by Staff, pending the submittal of additional information, and, WHEREAS, upon submittal of the additional information, Staff deemed the project complete on June 16, 2003, 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 Regulation, 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 Case No ZON2003-00066 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (New Construction) since the project involves a new residence on a legally established lot; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission continued the item from July 8, 2003 to July 30, 2003 to reduce the grading quantity; and, WHEREAS, the Planning Commission held a duly noticed public hearing on July 30, 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: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot The majority of the grading is to accommodate the construction of a new single-family residence and related vehicular access and site improvements on a vacant lot. Since the grading is being conducted for the primary use of the lot, the proposed grading is considered necessary and not excessive. Section 2: The grading and related construction will not significantly adversely affect the visual relationships nor the views from, neighboring properties. The new residence will be constructed within the allowable building envelope of 16'!30' for sloping lots. Further, the properties to the front and sides are not oriented towards the subject property, while the property to the rear is at a higher elevation where the new residence will not project into the views from said property. Furthermore, no grading is being conducted to raise the elevation at the location of the proposed residence. Section 3: The grading minimizes disturbance to the natural contours since the majority of the grading is to prepare the site for construction of a new residence and vehicular access to the structure. Since the existing topography is not conducive to providing adequate access and turnaround for a residence, much of the eastern side of the lot must be graded and altered However, since the subject property is a flag -lot and the area is not visible from a public right-of-way, the disturbance required to accommodate the access, turnaround, residence and improvements will not be visible. Section 4: The grading takes into account the preservation of natural topographic features since the majority of the proposed grading is located along the "pole" of the flag -lot to provide for access that complies with the standards of the Los Angeles County Fire Department Further additional grading is being conducted along the north and northeast portions of the main body of the lot to provide for the continuation of the driveway and to provide for the required hammerhead turnaround required by the Fire Department. Where possible and appropriate, the existing topography is being maintained and the proposed grading is being integrated into the existing topography Section 5: The proposed residence is compatible with the immediate neighborhood character, and is consistent with the mix of homes in the neighborhood. Further, the architectural style, roofing material and roof pitch will be consistent with the materials and architecture that is prevalent in the neighborhood. Furthermore, although the new residence will be one of the largest structures in the immediate neighborhood, the new residence will not be visible from the Rockinghorse Road right-of-way since it is a flag -lot Section 6: The grading application is consistent with the purpose and intent of the Section 17 76 040.A, since it provides for the reasonable development of the parcel with a residential structure. Section 7: The approval of the grading application will not constitute a grant of special privileges as there is an unnecessary hardship The subject property is a vacant flag -lot that is subject to the current requirements of the Los Angeles County Fire Department, which requires a 20 -foot -wide driveway access and turnaround Since the P C Resolution No 2003-35 im "pole" of the property is concave in topography, where the topography slopes down and then up to the main body of the lot, fill material will be provided to raise the area and ensure that the access -way is level and complies with the standards of the Fire Department Section 8: The grading activity will not be detrimental to the public safety or to the surrounding properties since the grading is being conducted to comply with the standards of the Los Angeles County Fire Department to ensure access to the site Further, the stability of the property has been examined and assessed in the geotechnical reports submitted and approved by the City's Geotechnical Staff The project will also be inspected and approved by the Building and Safety Division, and will be required to comply with the safety standards of the Uniform Building Code. Section 9: A Minor Exception Permit is warranted by practical difficulties inherent of the property Due to the lot configuration and dimensions, the Los Angeles County Fire Department requires,a minimum 20 -foot -wide paved access provided along the "pole" of the lot and a hammerhead turnaround at the main body of the lot for emergency vehicles, resulting in lot coverage for the property that exceeds the maximum allowable by 20%. Thus, if the proposed project were only subject to the City's 10 -foot -wide driveway access requirement, the proposed project would comply with the maximum lot coverage standards of the Development Code Section 10: A Minor Exception Permit is warranted by an unnecessary hardship. The "pole" portion of the flag -lot has a concave topography where the "pole" slopes down from Rockinghorse Road then up to the main body of the lot. Thus, to ensure that access is provided to the proposed residence, fill must be placed along the "pole" of the lot to raise the grade for an access way that complies with the Los Angeles County Fire Department requirements. Section 11: The height of the combination wall and fence will not be detrimental, will not create significant view impairment since the surrounding properties are not oriented towards the subject property; the subject property is not located on a corner, and, the height of the wall has been found to be consistent with the purpose and intent of the Grading standards of the Development Code Section 12- 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 Case No. ZON2003- 00066 for a Grading Permit and a Minor Exception Permit application, thereby allowing 1,499 cubic yards of grading to accommodate the construction of a new split-level residence on a vacant upslope flag -lot, exceeding the maximum allowable lot coverage by 20%, and allowing a combination retaining wall and fence up to 11'-6" in height, 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. Section 13: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17.80 of the Rancho P C. Resolution No 2003-35 Page 3 6� Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than August 14, 2003 PASSED, APPROVED, AND ADOPTED this 30th day of July 2003, by the following vote AYES. Cartwright, Long, Lyon, Tomblin NOES: None ABSTENTIONS: None ABSENT Cote, Duran Reed, Mueller Joil Rjas, AICP Dir t9t of Planing, uilding and CoO--�Enforcemte- and, Secretary to the Planning Commission Thomas Long Planning Commission /Chairman P C Resolution No 2003-35 Page 4 Exhibit "A" Conditions of Approval Case No. ZON2003-00066 (Grading Permit Minor Exception Permit) 1 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 becomes null and void after one year from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process. 3 Approval is for a maximum of 1,499 cubic yards of grading. Specifically, 500 cubic yards of cut, of which 318 cubic yards is under the building footprint and 182 cubic yards is outside the building footprint, and 999 cubic yards of fill, of which 144 cubic yards is under the building footprint, 476 cubic yards along the "pole" and 379 throughout the remainder of the site. If the amount of grading exceeds the above- mentioned quantities, additional Planning Department approval shall be required 4. The following minimum setbacks shall be maintained Front yard 20'-0" minimum/25'-0" for backup from garage (proposed: 25'-0") Side yard- 10'-0" minimum (proposed. 19'-0" west / 50'-0" east) Rear yard: 20'-0" minimum (proposed 20'-0") i SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS. 5. The maximum up-slope height of the structure shall not exceed 13.5 -feet, or a ridge elevation of 143 00', as measured from the highest preconstruction grade elevation covered by structure, which is 129.50' located at the southwest corner of the new structure. Further, the maximum overall down-slope height shall not exceed 30 -feet in height, as measured from the highest ridgeline of the structure to the lowest finish grade elevation covered by the structure, which is proposed as 113 00' located at the northeast corner of the structure. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. P.0 Resolution No 2003-35 Page 5 6 The maximum structure size of the residence, including garage, shall be limited to a total area of 4,703 square feet Specifically, the garage, office, entry and storage room on the lower level will contain 1,426 square feet, and the upper level floor area will contain 3,531 square feet. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT IMMEDIATELY AFTER FRAMING OF STRUCTURE. 7. A minimum two -car garage shall be maintained, with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9 -feet -wide by 20 -feet -deep by 7 -feet -vertical clearance. 8 The "pole" portion of the lot (along the eastern property line) shall maintain a maximum 8'-6" high retaining wall and a 3'-0" high guard rail, for a total overall height of 11'-6" as measured from the lowest adjacent grade to top of guardrail No wall shall be constructed along the western property line of the "pole" portion of the lot 9 No improvements, grading or structures allowed within the extreme slope areas of the property. 10 The maximum driveway slope shall be limited to 20% 11. Prior to issuance of Grading Permits, the landowner shall submit a plan for hauling routes and a hauling schedule for review and approval by the Director of Public Works. All hauling trucks shall be covered so that no soil, rocks, or other debris may escape the truck during transport. 12. The location and construction of the septic tank and system shall be subject to review and approval by the Building Division 13 The septic system shall maintain a minimum setback of 10 -feet from the front property line. 14. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 15 The maximum permissible lot coverage shall be limited to 10,142.4 square feet, which includes the building footprint, driveway and parking areas, covered patios and trellises, courtyards, and deck that are at least 30 -inches in height. 16. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 17 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 P C Resolution No 2003-35 Page 6 18. The construction site and all adjacent private and public property 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. 19 The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback. 20. The construction site shall be temporarily enclosed with a six (6'-0") foot high chain-link fence during the length of construction of the residential structure. 21. 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 shall achieve substantially the same results as would strict compliance with said plans and conditions. P C Resolution No. 2003-35 Page 7