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PC RES 2004-041P.C. RESOLUTION NO. 2004-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2003-00174 FOR A HEIGHT VARIATION AND GRADING PERMIT, ALLOWING FOR A TOTAL OF 879 CUBIC YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION OF A NEW TWO-STORY, SINGLE-FAMILY RESIDENCE WITH ATTACHED GARAGE MEASURING 4,946 SQUARE FEET MEASURING 26 -FEET IN OVERALL HEIGHT, AND A 453 SQUARE FOOT DETACHED POOL CABANA, ON A VACANT PARCEL LOCATED AT 3450 VIA CAMPESINA (LOT 2, PARCEL MAP 25492). WHEREAS, on April 8, 2003, LaMar Robinson of Robinson/North Architects, representing property owners William and Edna Davis, submitted a Height Variation and Grading Permit application, requesting 879 cubic yards of grading for the construction of a new 26 -foot high two-story residential structure measuring 4,946 square feet, and a new 453 square foot pool cabana on a vacant parcel located at 3450 Via Campesina, described as Lot 2 of Parcel Map 25492; and, WHEREAS, on May 8, 2003, the case was deemed incomplete pending the submittal of additional information, approval of the required geotechnical/soils reports, and the construction and certification of the temporary silhouette; and, WHEREAS, on August 23, 2004, upon submittal of all required information, including the construction and certification of the required temporary silhouette, Staff deemed Case No. ZON2003-00174 generally complete for processing, 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 Height Variation No. 921 and Grading Permit No 2271 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) since the project involves the construction of a new single-family residential structure; 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 October 12, 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: The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 85.7% of the property owners within 100 -feet of the subject property and 44 4% of the property owners within 500 -feet of the subject property, who have reviewed the plans prior to filing the application with the City. Section 2: The proposed two-story single-family residence does not significantly impair a view from public property which has been identified in the City's General Plan or Coastal Specific Plan as a City -designated viewing area because there are no such areas that overlook the subject property. Section 3: The property is not located on a ridge and promontory as there are other parcels with varying pad elevations, and properties with differing characteristics, such as pad lots and downward sloping lots Section 4: The proposed new two-story residence will not significantly impair a view from the viewing area of another parcel. Due to the topography and the pattern of development in the area, there are no views that will be impaired by the proposed residence The properties to the rear are at substantially higher elevations than the subject property, whereby the new structure will not encroach into any views from the viewing areas of these parcels. Lastly, the adjacent properties to the sides are at similar elevations, but are not oriented towards the subject property and do not contain any view in the direction of the subject property. Section 5: There is no view impairment since there are no properties with views in the direction of the subject property, or properties with views over the subject property, which is due to the topography and physical development of the area Section 6: There is no significant cumulative view impairment caused by granting the application since there is no view impairment created from the proposed new second story addition. Section 7: The proposed structure complies with all other Code requirements in that all the development standards of the RS -2 Zoning District are met and the minimum setback requirements are exceeded Section 8: The appearance of the new two-story residence will not significantly change the appearance of the immediate neighborhood and the residence will be compatible with the immediate neighborhood. The architectural style, roofing material, exterior finishes, number of stories and building materials will be consistent with other homes in the neighborhood. Furthermore, the resulting size of the residence does not deviate from the characteristics in the immediate neighborhood and its appearance will not be readily visible from the public rights-of-way. Section 9: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences due to the development patterns and foliage on the adjacent properties. P.C. Resolution No. 2004-41 Page 2 Section 10: 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 11: The grading and related construction will not significantly adversely affect the visual relationships nor the views from, neighboring properties. Due to the topography and the pattern of development in the area, there are no views that will be impaired by the proposed residence since the new structure will not encroach into any views from the viewing areas of the parcels in the area. Section 12: 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. Further, the number and height of retaining walls is limited to the number and height allowed by the City's Development Code, and no back- filled deck areas will be created. Section 13: The grading takes into account the preservation of natural topographic features 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 residence will not be visible. Additionally, the property already contains flat areas that will be incorporated into the design and layout of the project, and the grading will continue with the existing topography since it will utilize the areas of the lot that are currently flat. Section 14: 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 various architectural styles in the neighborhood Furthermore, although the new residence will be larger than the average structure size of the immediate neighborhood, the new residence will not be visible from a public right-of-way since it is a flag -lot. Section 15: The grading application is consistent with the purpose and intent of Section 17.76.040, since it provides for the reasonable development of the parcel with a residential structure, and conforms with the standards for grading on slopes, height of cut and fill, and height and number of retaining walls. Section 16: Any interested person may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02 040 C 1 j 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 fifteen (15) days following the date of the Planning Commission's final action P C Resolution No 2004-41 Page 3 Section 17: 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- 00174 for a Height Variation and Grading Permit for the construction of a new two-story residential structure, pool and pool cabana, and 879 cubic yards of grading, 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. PASSED, APPROVED, AND ADOPTED this 12 1h day of October 2004, by the following vote: AYES Gerstner, Knight, Karp, Cote, Mueller NOES: None ABSTENTIONS: None ABSENT: Tetrault, Perestam Joel 0 s AICP , uilding and Dire PlanninuL Coour, f0f Ircement; and, Secretary to the Planning Commission Craig Mueller Planning Commission Chairman P.0 Resolution No. 2004-41 Page 4 Exhibit "A" Conditions of Approval Case No. ZON2003-00174 (Height Variation & Grading Permit) 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 Budding and Safety Division to initiate the "plan check" review process. 3. Approval is for a maximum of 879 cubic yards of grading. Specifically, The proposed grading includes 589 cubic yards of cut and 290 cubic yards of fill. Of the 589 cubic yards of cut, 265 cubic yards will be conducted under the building footprint and 324 cubic yards will be conducted outside the building footprint Of the 290 cubic yards of fill, 49 cubic yards will be conducted under the budding footprint, while the remaining 241 cubic yards will be conducted outside the building footprint. 4. The following minimum setbacks shall be maintained: • Front yard 20'-0" minimum (proposed. 34'-0") • Side yar6: 10'-0" minimum (proposed: 37'-0" west/ 10'-0" east) • Rear yard: 20'-0" minimum (proposed: 25'-0") SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, EAST SIDE YARD 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 12 -feet, or a ridge elevation of 560 5', as measured from the highest preconstruction grade elevation covered by structure, which is 548.5' located at the southeast corner of the new structure. Further, the maximum overall down-slope height shall not exceed 26 -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 534.5' located along north elevation (entry) of the house. 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 C Resolution No. 2004-41 Page 5 2 6 The maximum structure size of the residence, including the attached garage, shall be limited to 4,946 square feet, and a 453 square foot detached pool cabana 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 of two enclosed parking spaces shall be provided and maintained on the subject property, 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 detached pool cabana shall maintain a maximum height of 12 -feet. 9 No improvements, grading or structures are allowed within any recorded easement without written approval and consent of the easement holder 10 The maximum driveway slope shall be limited to 20% 11 The minimum driveway width shall be 10 -feet. 12 Any guard rail that is placed along the driveway to comply with Building Code requirements shall not result in an overall height that exceeds 42 -inches 13 Any wall, fence or hedge located within the front area between the street and the fagade of the residence closest to the street shall maintain a maximum height of 42 -inches 14 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. 15 The location and construction of any septic tank and system shall be subject to review and approval by the Planning and Building Divisions prior to installation. 16. The septic system shall maintain a minimum setback of 10 -feet from the front property line 17 Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval 18 Due to the subject property's location in the RS -2 zoning district, a maximum of forty (40%) percent lot coverage shall be allowed on the lot (proposed: 31.5%). 19 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply P.C. Resolution No. 2004-41 ag • 20. Approval of the Height Variation and Grading Permit does not allow any improvements or work in the Via Campesina right-of-way, which is owned by, and falls under the jurisdiction of the City of Palos Verdes Estates Any work, including but not limited to the driveway approach, portions of the driveway, sewer connections, etc. that is proposed to encroach or be conducted in the public right-of-way must first be approved by the City of Palos Verdes Estates. 21. 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 22. 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. 23. The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback. 24 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 25. 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. 2004-41 Page 7