Loading...
PC RES 2004-011A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION AND GRADING PERMIT (CASE NO. ZON2003-00510), THEREBY PERMITTING THE CONSTRUCTION OF A 772 SQUARE FOOT ADDITION TO A 2,016 SQUARE FOOT SINGLE FAMILY RESIDENCE AND 232 CUBIC YARDS OF GRADING, FOR PROPERTY LOCATED AT 26930 SPRINGCREEK ROAD. WHEREAS, on September 16, 2003, the applicant submitted an application for a Height Variation, and Grading Permit requesting to construct a 772 square foot addition to an existing 2,016 square foot single-family residence and conduct 232 cubic yards of grading On October 16, 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. The applicant submitted the additional information to the City on January 5, 2004; and, WHEREAS, on January 13, 2004, the applications for 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 65962.5(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 1 (Section 15301); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on March 9, 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 project includes the construction of a 772 square foot addition to a 2,016 square foot residence and 232 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 73% of the property owners' signatures within 100 feet and 52% of the signatures of the property owners within 500 feet of the subject site PC Resolution No 2004-11 Page 1 of 7 } 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 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 area of a proposed new structure or addition to an existing structure, when considering both the new area that is above sixteen feet and the new area that is below sixteen feet, as defined in Section 17.02.040(B) of the Development Code, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel Due to the elevation difference between the subject property and the surrounding properties, the applicant is able to construct the two-story addition, at the proposed height, without projecting into the view corridor of another property. Section 6: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by: (a) considering the amount of view impairment caused by the proposed structure, and (b) considering the amount of view impairment that would be caused; by the construction on other parcels of structures similar to the proposed structure As noted in Section 5, the project does not create view impairment, thus should the other: properties in the area construct similar additions, the project will not contribute to cumulative view impairment Section 7: 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 8: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character Based on an analysts 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 9: 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 since the new windows look only into the front yards of other properties and the street PC Resolution No. 2004-11 Page 2 of 7 Section 10: 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 11: 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 12: 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 13: 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 14: 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 seven feet, which is necessary due to the slope of the street and the parcel being a pad lot, and the maximum height of the retaining wall is T-0", all of which meet the Development Code standards Section 15: 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 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 March 24, 2004 Section 19: 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 and Grading Permit to allow for the construction of a 772 square foot addition to a 2,016 square foot residence and 232 cubic yards of grading (Case No. ZON2003- 00510); 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 2004-11 Page 3 of 7 PASSED, APPROVED AND ADOPTED this 9th day of March 2004, by the follow vote 11 AYES:COTE, GERSTNER, KARP, KNIGHT, TETREAULT, MUELLER ABSTENTIONS NONE ABSENT: VAN WAGNER Craig Pue er, Chairman �oe �j ojas Al P Dt[gt. or of ning, Building and Code Enforcement, and, Secretary to the Planning Commission P.C. Resolution No 2004-11 Page 4 of Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2004-11) Height Variation and Grading Permit (Case No. ZON2003-00510) 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 E=nforcement 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. PC Resolution No 2004-11 Page 5 of 7 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 building permit issuance, commencement of onsite grading,, 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 11 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 Height Variation 12. The approval of a Height Variation is to allow for the construction of a 1,218 square foot two story addition on the west side of the structure. The addition shall consist of a 525 square foot garage on the lower level, a 435 square foot addition above the garage, and a 258 square foot addition along the southern portion of the front of the residence Inasmuch as the existing 446 square foot garage will be demolished as part of the addition, the net increase in floor area of the residence is 772 square feet 13. The approved protect shall maintain a maximum 52% lot coverage. (Proposed: 34%) 14 The proposed residence shall not exceed a height of 2134', as measured from the lowest grade adjacent to the building foundation/slab (98.5') to the highest ridgeline of the residence (117.14'), and 13.29' high, as measured from the highest elevation of existing building pad covered by structure (103.85') to the highest ridgeline of the residence 15. The proposed structure shall maintain the following minimum setbacks 15' rear (proposed 67'-5") 5'-0" side (proposed 5' north, 5' south) 20'-0" front (proposed: 21') SETBACK CERTIFICATION IS REQUIRED FOR THE FRONT AND SIDE SETBACKS. 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. Grading Permit 16 The approval of a Grading Permit is to allow 232 cubic yards (232 cubic yards of cut and 0 cubic yards of fill) of grading. The grading shall consist of 230 cubic PC Resolution No. 2004-11 Page 6of7 yards of cut under the building footprint and for the driveway and 2 cubic yards of cut along the south property line Additionally, this Grading Permit allows the construction of a T-0'° tall, 21' long retaining wall on the north 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. P.0 Resolution No 2004-11 Page 7 of 7