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PC RES 2003-038P.C. RESOLUTION NO. 2003-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW (CASE NO. ZON2003- 00138), THEREBY PERMITTING THE CONSTRUCTION OF A 2,768 SQUARE FOOT TWO STORY SINGLE FAMILY RESIDENCE AND 134 CUBIC YARDS OF GRADING, FOR PROPERTY LOCATED AT 26834 SPRINGCREEK ROAD. WHEREAS, on March 19, 2003, the applicant submitted an application for a Height Variation, Grading Permit, and Site Plan Review requesting to construct an 835 square foot addition to an existing 1,934 square foot single-family residence and conduct 134 cubic yards of grading Since the applicant is proposing to demolish greater than 50% of the existing linear footage of walls, this application is considered a new residence On April 10, 2003, staff completed• the initial review of the proposed plans, at which time the application was deemed incomplete due to missing information on the project plans and/or applications. This additional information was submitted to the City on June 4, 2003. On July 1, 2003, the City's Geotechnical Staff approved the geology report for the proposed residence, and, WHEREAS, on July 1, 2003, the applications for Height Variation, Grading Permit, and Site Plan Review 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 65962 5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Height Variation, Grading Permit, and Site Plan Review, 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 August 26, 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 a 2,769 square foot two story residence and 134 cubic yards of grading Section 2: The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the city by obtaining 75% of the property owners' signatures within 100 feet and 42% of the signatures of the property owners 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 P C. Resolution No 2003-38 Page 1 of 6 Plan, as a city -designated viewing area. There are no public property viewing areas, as designated within the General Plan, within the vicinity of, or that look over, the subject site Section 4: The Height Variation is warranted since the proposed structure is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract The tract is not located on a ridge or a promontory, as defined in the Municipal Code. 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 proposed grading down a portion of the pad area, in lieu of adding a second floor over the existing single story residence Section 6: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application The proposed building is being constructed within the allowable 16720' building envelope of the existing building pad, thereby avoiding view impacts to neighboring properties 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. The proposed building is being constructed within the allowable 16'120' building envelope of the existing building pad, thereby avoiding view impacts to neighboring properties Section 8: The Height Variation is warranted since the proposed structure complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code Section 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character. Based on an analysis of the area, it is found that the proposed structure is consistent with the character of the immediate neighborhood with respect to architectural style and materials, bulk and mass, number of stories, structure size, front, side, and rear yard setbacks, and open space between structures 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 design of the residence does not create an unreasonable infringement onto the privacy of other properties 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 permitted primary use of the property is single-family residential The grading permit is to allow the construction of additional area for a single-family residence Furthermore, by permitting the grading, the applicant is able to construct the additional areas to the residence without impacting views in the area. 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, the proposed structure does not create significant view impairment, as viewed from other properties P C Resolution No 2003-38 Page 2 of 6 Section 13: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural The applicant has minimized the amount of grading on the transitional slopes of the property, thereby leaving the majority of the contours of the property undisturbed 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. As noted in the previous section, the applicant has minimized the grading on the transition slopes of the property. Furthermore, the proposed retaining walls blend into these transitions slopes. Section 15: The grading and all related construction is compatible with the character of the immediate neighborhood As noted above in Section 9, the proposed residence is consistent with the neighborhood character with respect to architectural style and materials, bulk and mass, number of stories, structure size, front, side, and rear yard setbacks, and open space between structures Section 16: The grading will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation The vegetation that exists in the proposed grading area consists primarily of ivy and grass, which is not considered part of the natural vegetation of the area and does not serve as a wildlife habitat Section 17: The grading conforms to the standards for grading on slopes, heights of cut and fill, and heights of retaining walls The grading is proposed on a 2.1 slope, the maximum depth of cut is five feet, and the maximum height of the retaining wall is T-11", all of which meet the Development Code standards Section 18: The Site Plan Review is warranted since the proposal meets all of the requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code Section 19: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council Pursuant to Sections 17.02.040, 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 September 10, 2003 Section 20: 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 Height Variation, Grading Permit, and Site Plan Review to allow for the construction of a 2,769 square foot two story residence and 134 cubic yards grading (Case No. ZON2003-00138), subject to the conditions contained in Exhibit W, attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area P C Resolution No. 2003-38 Page 3 of 6 PASSED, APPROVED AND ADOPTED this 26th day of August 2003, by the following vote AYES,COTE, CARTWRIGHT, DURAN REED, LYON, MUELLER NOES. ABSTENTIONS: ABSENT TOMBLIN, CHAIR LONG for Thomas ong, Chairman as, of Plan, lCi n g Iuilding and Code Enforcement; and, - ytothe Pla ing Commission PC Resolution No. 2003- 38 Page 4 of 6 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-38) Height Variation, Grading Permit, and Site Plan Review (Case No. ZON2003-00138) General Approval of this Height Variation, Grading Permit, and Site Plan Review 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 Budding and Safety Division shall be obtained by the applicant prior to the commencement of construction 10 Prior to budding permit issuance, commencement of onsite grading, and/or commencement of work within the public right of way, which ever occurs first, the P C Resolution No 2003-38 Page 5 of 6 F Z applicant shall obtain an encroachment permit from the Director of Public Works. 11 The approved project shall maintain a maximum 52% lot coverage. (Proposed. 28%) 12. Prior to the final of building permits, the existing driveway shall be removed and replaced with landscaping. Additionally, the existing driveway approach shall be removed and replaced with curb, gutter, and sidewalk to the satisfaction of the Director of Public Works. 13. The proposed structure shall maintain the following minimum setbacks* 15' rear (proposed- 63'-2") 5'-0" side (proposed 5' north, 13' south) 20'-0" front (proposed- 20') SETBACK 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 THE POURING OF FOUNDATIONS. Height Variation 14 The approval of a Height Variation is to allow for the construction of a 928 square foot two story addition on the west side of the structure This portion of the residence consists of a 441 square foot garage on the lower level and 487 square foot master bedroom on the upper level. 15 The proposed residence shall not exceed a height of 22 38', as measured from the lowest grade adjacent to the building foundation/slab (96.12') to the highest ridgeline of the residence (118 5'), and 15 8', as measured from the highest elevation of existing building pad adjacent to the foundation/slab (102.7') to the highest ridgeline of the residence 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 THE BUILDING PERMIT FINAL. Grading Permit 16 The approval of a Grading Permit is to allow 134 cubic yards (134 cubic yards of cut and 0 cubic yards of fill) of grading. Additionally, this Grading Permit allows the construction of a 3'-11 tall retaining wall on the south side of the new driveway 17. Prior to building 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. Site Plan Review 18 The approval of the Site Plan Review allows the construction of a 348 square foot single story addition to the structure These portions of the addition consists of a 258 square foot single story addition on the north side of the existing structure and a 90 square foot addition on the south east corner of the residence P C Resolution No 2003-38 Page 6 of 6