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PC RES 2004-004P.C. RESOLUTION NO. 2004-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A GRADING PERMIT (CASE NO. ZON2003- 00239), FOR PROPERTY LOCATED AT 30120 CARTIER DRIVE. WHEREAS, on May 14, 2003, the applicant submitted an application for a Grading Permit requesting to construct a 5,653 square foot residence and to conduct 2,372 cubic yards of grading. Subsequently, the applicant revised the request to reduce the proposed residence to 5,192 square feet and the grading to 1,499 cubic yards; and, WHEREAS, on June 11, 2003, staff completed the initial review of the proposed application, at which time it was deemed incomplete due to missing information on the protect plans and/or application. This additional information was submitted to the City on October 2, 2003; and, WHEREAS, on October 24, 2003, the application for a Grading Permit was deemed complete by Staff; and, WHEREAS, the applicant modified the proposal to reduce the size of the residence to 4,902 square feet and increase the grading to 1,824 cubic yards (1,751 cubic yards of cut and 73 cubic yards of fill) of earth movement; 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 Grading Permit, would have a significant effect on the environment and, therefore, the proposed protect has been found to be categorically exempt under Class 3 (Section 15303), and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held duly noticed public hearings on December 9, 2003, January 13, 2004, and January 27, 2004, 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 protect includes the construction of a 4,902 square foot single family residence on a 15,090 square foot unimproved parcel and 1,824 cubic yards of grading Section 2: 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 applicant has P C Resolution No 2004-04 Page 1 of 7 limited the grading to under the building footprint and to provide access to and around the building Furthermore, the applicant has designed the project to reduce the appearance of retaining wails along the front property line Section 3: The grading and/or related construction does not significantly adversely affect the visual relationships with, or the views from, neighboring properties. After a review of the area, it has been found that the structure does not create view impairment, as viewed from the viewing area of other properties Section 4: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural The applicant has minimized the grading to areas under the building footprint and to provide access to and around the building The remaining portions of the property will be left in an undisturbed state while all finished contours will resemble the natural contours of the lot. Section 5: 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 to areas under the building footprint and to provide access to and around the building. Furthermore, the manufactured slopes are proposed to resemble the natural contours of the lot, thus blending in man- made slopes into the natural topography of the lot Section 6: The grading and all related construction is compatible with the character of the immediate neighborhood 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 7: 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 of invasive weeds and grass, which are not considered part of the natural vegetation of the area and does not serve as a wildlife habitat. Section 8: The grading conforms to the standards set forth in Municipal Code Section 17.76.040(E)(9) for grading on slopes, since none of the slope exceeds a 50% gradient, and for heights of cut and fill since the maximum depth of cut is 14'-6", which is necessary because the existing slope of the lot causes the need for the excessive depth of cut in order to locate the residence on the site However, the proposed retaining walls exceed the Municipal Code allowances. Although the proposed retaining walls do not meet all of the criteria required for approval of a Grading Permit, pursuant to Municipal Code Section No 17 76 040(E)(10) the deviation in the criteria is warranted and the project is approved because P C Resolution No 2004-04 Page 2 of 7 a) The first eight criteria of Municipal Code Section No. 17.76.040 have been satisfied. b) The approval is consistent with the purpose of Municipal Code Section No 17 76.040, which states, "The purpose of the chapter is to provide reasonable development of land, ensure the maximum preservation of the scenic character of the area, ensure that the development of properties occurs in a manner harmonious to adjoining properties, and that the project complies with the goals and polices of the General Plan " Due to the topography of the lot, the excessive heights in the retaining walls are necessary to allow for the construction of the single-family residence Furthermore, a condition of approval requiring the applicant to submit landscape plans, to minimize the appearance of all retaining walls has been incorporated with this resolution c) Departure of the standards will not constitute a special privilege with the limitations upon other properties in the vicinity In a review of the area, several other properties were noted that have retaining walls that exceed the allowable number and height, thus granting the deviation in retaining wall number and height will not constitute a special privilege d) Departure from the standards will not be detrimental to the public safety, nor to other property Prior to issuance of building permits, the applicant is required to engineer the retaining wall to meet the requirements of the building code These requirements are implemented for all retaining walls with a height greater than three feet Additionally, the applicant has prepared a geology report, which has been reviewed and approved by the City's Geologist, which states that the proposed project can be safely constructed As such, deviating from the standards does not alter the City's review of the structural and geological aspect of the wall Section 6: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.76.040(N) 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 February 11, 2004. Section 8: For the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves, with conditions, the Grading Permit (Case No ZON2003-00239), thereby allowing the construction of a 4,902 square foot single family residence on a 15,090 square foot unimproved parcel and 1,824 cubic yards of grading P C Resolution No 2004-04 Page 3 of 7 PASSED, APPROVED AND ADOPTED this 27th day of January 2004, by the following vote AYES: GERSTNER, KARP, KNIGHT, TETREUALT, VAN WAGNER, MUELLER NOES NONE ABSTENTIONS: NONE ABSENT COTE 4raigg - Vueller, Vice Chairman of PI nnog, Building and Code Enforcement; and, ry tothur'Planning Commission P C Resolution No. 2004 -OL Page 4 of 7 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2004-04) Grading Permit (Case No. ZON2003-00239) The approval of this Grading Permit is to allow 1,824 cubic yards (1,751 cubic yards of cut and 73 cubic yards of fill) of grading, and the construction of a 4,902 square foot (2,646 square feet on the lower floor, 2,256 square feet on the upper floor, and a 618 square foot roof deck on the west side of the structure) single family residence. Additionally, the Grading Permit allows the construction of 3.5' and 11 5' high retaining walls to the rear of the residence, one variable height retaining wall on the north side of the residence with a maximum height of 7', one variable height retaining wall on the south side of the residence with a maximum height of 14 5', three retaining walls to the front of the residence with heights of 3', 2', and 9', and a 5.5' high combination wall in front of the residence. 2 Approval of this 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. 3 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. 4. 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. 5 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 6. 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. 7 The project shall substantially conform to the plans stamped by the Planning Department, and dated the effective date of this approval. P C Resolution No 2004-04 Page 5 of 7 8. 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. 9 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 10 All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction 11. The proposed structure shall maintain the following minimum setbacks. 20'-0" front (proposed 39'-10") 15'-0" rear (proposed 40'-0") 5' side (proposed. 10'-0" on north, 17'-8'/$" on south) 12. The proposed residence shall not exceed a height of 30', as measured from the lowest grade adjacent to the foundation/slab (112') to the highest ridgeline of the residence (142'), and a height of 3 19', as measured from the highest existing grade covered by structure (138.81') to the 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 ROOF FRAMING/SHEETING INSPECTION. 13. Other than the approved retaining walls, no fence, hedge, or pilaster that exceeds the height of 42" shall be located in the area between the front property line and the exterior facade of the existing single-family residence closest to the front property line. 14. 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 15 Prior to building permit issuance and/or commencement of work within the public right of way, which ever occurs first, the applicant shall obtain an encroachment permit from the Director of Public Works 16 In order to minimize the heights of the retaining walls, all manufactured slopes between retaining walls shall be contour graded as a 2 1 slope 17. Prior to the issuance of building permits, the applicant shall submit a landscape plan for the front yard of the residence to the Director of P.0 Resolution No 2004-04 Page 6 of 7 Planning, Building, and Code Enforcement for review and approval. All landscaping shall be planted prior to the issuance of building permit final, and shall be maintained at all times. The landscape plan shall include the following. a) The use of vines, hedges, and other landscaping to screen all of the retaining walls. If hedges are utilized, the hedges shall be maintained at a height of no greater than 42", or the top of the retaining wall, which ever is less. P C Resolution No. 2004-04 Page 7 of 7