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PC RES 2004-049• ! • lig �' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING WITH CONDITIONS A VARIANCE, AND GRADING PERMIT (CASE NO. ZON2004-00223) FOR THE GRADING OF 102 CUBIC YARDS FOR THE CONSTRUCTION OF 814 SQUARE FEET OF FIRST STORY ADDITIONS AND 566 SQUARE FEET OF SECOND STORY ADDITIONS,AND TO ALLOW THE ADDITIONS TO ENCROACH 11'-3" INTO THE FRONT YARD SETBACK FOR PROPERTY LOCATED AT 3705 mcP I2II1tiw WHEREAS, on April 30, 2004, Grading and Variance Permit Case No ZON2004-00223 was submitted to the Planning, Building and Code Enforcement Department for processing, and, WH EREAS, on May 27, 2004, the application was deemed incomplete due to insufficient information on the submitted plans; and, WHEREAS, on September 25, 2004, the application was deemed complete by Staff, and, WHEREAS, on October 23, 2004 the required public notices far the November 9, 2004 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on October 25, 2004; 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 ef_ seq., the City's Local CEQA Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and Substances Statement), the Planning Commission found no evidence that the Variance, and Grading Permit (Case No ZON2004-00223) would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Existing Structures) since the project involves an addition to an existing 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 November 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 proposed improvements comply with the City's Development Code requirements in terms of height, side and rear setbacks, and lot coverage. Section 2: That the proposed structure will be compatible with the immediate neighborhood in terms of scale since the proposed structure's size will be within the range of the structure sizes found in the immediate neighborhood. Section 3: That the proposed structure will be compatible with the immediate neighborhood in terms of architectural style since the proposed architectural style is similar to the architectural style of some homes found within the immediate neighborhood. Section 4: That the proposed structure will be compatible with the immediate neighborhood in terms of front, side and rear setback since the proposed structure will maintain the front and side setbacks, and the rear setback reduction will not be significant, since the addition will reduce the rear setback by 17;'-0" only Section 5: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district for granting the Variance to encroach into the required front setback by 11'-Y since the existing residence was constructed under the jurisdiction of Los Angeles County with a 8'-9" front yard setback, and any improvements to the front of the residence will not conform to the current development standard. Section 6: That the Variance to encroach into the required front setback by 11'-S' is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district since adding to the front of the residence is a right which is possessed by other property owners in the same zoning district Section 7: That granting the variance to encroach into the required front setback by F -O" will not be materially detrimental to the public's welfare or injurious to property and improvements in the area in which the property is located since the proposed additions will not extend beyond the footprint of the existing balconies, and since the substandard setback has not been identified as a problem since the existing residence was constructed in the 1960's, nor does it pose as a problem currently Section 8: That the grading does not exceed that which is necessary for the permitted primary use of the lot in that any addition on the subject property would require grading due to the topography of the subject property. Section 9: That the grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties in that the grading will be located under the proposed structure's footprint, and therefore not visible from the street of access nor the neighboring properties. Section 10: The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural in that all of the grading will be located under the existing deck and the existing residence's footprint, where the slope does not exceed thirty five percent gradient, and no grading is proposed on the existing extreme slope located to the rear of the property. Section 11: That the grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography in that all of the grading is proposed under the proposed building's footprint, and not on the slopes located in the rear of the subject property. P.C. Resolution No. 2004-49 VAR, GR Case No. ZON2004-00223 Page 2 of 4 Section 12: That the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation in that the grading will occur at the same location as the existing deck where no natural landscape or wildlife habitat exist. Section 13: That the grading will not occur on slopes exceeding thirty five percent. Section 14: That no finish slopes greater than thirty five percent are being created. Section 15: That the proposed grading will not be located on slopes exceeding fifty percent gradient Section 16: That the proposed retaining walls are an integral part of the proposed structure, and are proposed at 8'-0" in height Section 17: Although the project does not meet the grading criteria because the depth of cut at 6 17' exceeds that which is allowed by the City's development Code, the project meets Finding No. 10 as noted below, which thereby permits a deviation to these criteria A) That all eight criteria of Subsection (E)(1) through (E)(8) of Section 17.76.040 are satisfied B) That the approval is consistent with the purposes set forth in Subsection A of the Section 17.76 040 because the grading will be permitting reasonable development of land; the amount of grading allowed is required to accommodate the proposed additions, which ensures maximum preservation of the natural topographic character; and that the proposed project is consistent with the General Plan because goals of the General Plan promote enhancing the visual character and physical quality of existing neighborhoods and providing for land uses which will be sensitive to and enhance the character of the community C) That the proposed 6 17' deep cut will not constitute a granting of special privilege inconsistent with the limitations upon other properties in the vicinity since the cut will be under the proposed structure's footprint and allow for the construction of the proposed addition, since the subject lot is not able to accommodate the addition in any other location D) That the 6 17' deep cut will not be detrimental to the public safety nor to other property in that the proposed project will be reviewed, approved, and inspected by the Building and Safety Division, including the City's Geotechnical Consultant, and the cut is located under the proposed structure's footprint Section 18: 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 with conditions Variance and Grading Permit (Case No 2004-00223) for the grading of 102 cubic yards to construct 814 square feet of first story additions and 566 square feet of second story additions to an existing residence. P C. Resolution No. 2004-49 VAR, GR Case No. ZON2004-00223 Page 3 of 4 Section 18: 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 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 November 9,2004,the date of the Planning Commission's final action. PASSED, APPROVED, AND ADOPTED this 9th day of November 2004, by the following vote: AYES: Gerstner, Karp, Knight, Perestam, Tetreault NOES: None ABSTENTIONS: None ABSENT: Cote, Muller /00,1111PAhf Craig Mueller Chairman /111\ Joel 'of.s, AICP Dire tor i►f Plannin = ilding and Cod: E' orcement; .nd, Secretary to the Planning Commission P.C. Resolution No.2004-49 VAR, GR Case No.ZON2004-00223 Page 4 of 4 Exhibit "A" Conditions of Approval Variance and Grading Permit Case No. ZON2004-00223 1. 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. 2. The approval shall become null and void after one (1) 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, 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 3 The abandonment or non-use of this approval after a period of one (1) year shall terminate the approval and any privileges hereunder shall become null and void. 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. The project shall substantially conform to the plans stamped approved with the effective date of this approval 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 construction site and 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 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. 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 soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance. 10 All applicable permits required by the Building and Safety Division shall be obtained by the applicant 11. Based on a site visit, Staff found that there is no foliage on the subject property that exceeds sixteen (16) feet in height and significantly impairs views from neighboring properties. Therefore, Staff finds that no foliage shall be removed under this application request. 12 Any work or structures proposed within the public right-of-way of Hightide Drive requires the approval of the Public Works Department. 13. At least 50% of'the existing interior and exterior walls or existing square footage of the structure shall be retained by the approved project Otherwise, any nonconformities existing at the time of Planning approval shall be corrected as a part of the project 14. Approval of Grading and Variance Permit (Case No. ZON2004-00223) allows for the construction of 814 square feet of first story additions and 566 square feet of second story additions to an existing residence Specifically, additions consist of 762 square feet to the rear of the first story and 52 square feet to the front of the first story, and 478 square feet to the rear and 88 square feet to the front of the second story. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 15. The proposed structure is proposed at a maximum height of 25.37, as measured from the point where the lowest foundation meets finished grade (94 33'), and 8 2', as measured from the highest grade covered by structure (111 50') to the top of the proposed parapet (119 7') PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 16 The proposed new additions approved under this permit shall maintain the following minimum setbacks* Front. 8'-9" (proposed- 8'-9") North Side 5'-0" (proposed- 5'-4") South Side. 5'-0" (proposed- 37'-4") Rear- 15'-0" (proposed- 25'-3") PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, FRONT AND NORTH SIDE SETBACK CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 17 The subject property shall not exceed a maximum lot coverage of forty five (45) percent, as required by the RS -3 zoning district (proposed 36%) Exhibit "X'— Conditions of Approval VAR, GR Case No. ZON2004-00223 Page 2 of 3 18. Approval of Grading Permit (Case No ZON2004-00223) allows the grading of 120 cubic yards, consisting of all cut. 19 The maximum depth of cut shall not exceed 6.17'. 20. No retaining walls, other than the retaining walls, which are integral to the construction of the first story addition is approved under this permit. The retaining walls shall not exceed 8'-0" in height. 21. PRIOR TO THE SUBMITTAL OF THE PLANS TO BUILDING AND SAFETY DEPARTMENT FOR PLAN CHECK, the applicant shall, submit a revised set of plans indicating that the proposed rear additions are not located on the existing extreme slope. Exhibit "A" — Conditions of Approval VAR, GR Case No ZON2004-00223 Page 3 of 3