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CC RES 2008-075 RESOLUTION NO. 2008-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION, APPROVING THE DEMOLITION OF AN EXISTING SINGLE-STORY RESIDENCE, THE CONSTRUCTION A NEW 7,067.46FT2 TWO-STORY RESIDENCE WITH A 1,229.59FT2 ATTACHED GARAGE AND 738.9YD3 OF GRADING AT 5335 ROLLING RIDGE ROAD (ZON2008-00040). WHEREAS, on January 23, 2008, the applicant submitted a Height Variation, Grading Permit and Site Plan Review application, requesting to demolish an existing single-story residence and conduct 738.9yd3 of grading to accommodate a new 25.89' tall, two-story 7,067.46ft2 residence with a 1,229.59ft2 attached garage (Case No. ZON2008-00040); and, WHEREAS, on April 23, 2008, staff deemed the Case No. ZON2008-00040 complete; 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), Planning Commission found no evidence that the Height Variation, Site Plan Review and Grading Permit will 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, a public notice was published in the Palos Verdes Peninsula News on April 23, 2008 pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on June 10, 2008, the Planning Commission held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence, approved the project and directed staff to return with a revised resolution; and, WHEREAS, on June 24, 2008, the Planning Commission considered and adopted Resolution No. 2007-18, memorializing the approval of Case No. ZON2008- 00040; and, WHEREAS, on July 7, 2008, Douglas H. Trowbridge submitted a timely appeal requesting the City Council to overturn the Planning Commission's decision of Case No. ZON2008-00040 on the grounds that 1) the design of the proposed project is in violation of the CC&R's and 2) the proposed project is too large and massive; and, WHEREAS, on August 19, 2008, after notice issued pursuant to the provisions of the Development Code, the City Council held a public hearing to consider the appeal, 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 project is a request to demolish an existing single-story residence and conduct 738.9yd3 of grading to accommodate a new 25.89' tall, two-story 7,067.46ft2 (5,316.94ft2 1st floor and 1,750.52ft2 2nd floor) residence with a 1,229.59ft2 attached garage. Section 2: That Mr. Trowbridge's appeal is not warranted because the proposed project is compatible with the character of the immediate neighborhood and does not appear bulky or massive. The homes in the immediate neighborhood are unique with no consistent architectural theme. In addition, they are large scale homes on lots that are bigger than most parcels in the vicinity. Given the eclectic nature of the existing homes in the neighborhood, the proposed architectural style will be compatible with, and will not deviate from, what currently exists in the area. The proposed use of varied roof styles and heights mixed in with assorted design features and structures create a structure that does not appear bulky or massive. Although the proposed structure would be the largest in the neighborhood, the overall architectural style and articulated design elements have achieved an attractive residence that does not appear bulky or massive and is compatible with the neighborhood. Section 3: That the City does not enforce CC&Rs, and this decision has no affect on the parties' ability to enforce the CC&Rs in a judicial proceeding. Section 4: That the proposed project is a request to demolish an existing single-story residence and conduct 738.9yd3 of grading to accommodate a new 25.89' tall, two-story 7,067.46ft2 (5,316.94ft2 1st floor and 1,750.52ft2 2nd floor) residence with a 1,229.59ft2 attached garage. Section 5: That the Height Variation is warranted since the applicant has complied with the early neighbor consultation process established by the city. The applicant collected a total of 21 (36%) landowner signatures within the 500' radius, of which 8 (72%) are within the 100' radius. Additionally, there is no active home owner's association in the area according to the city's files. Section 6: That the Height Variation is warranted since the proposed new structure above 16' in height does not significantly impair a view from public property which has been identified in the city's general plan or coastal specific plan, as city- designated viewing areas. The Valmonte Canyon trail follows the rim of Valmonte Canyon, which is located behind residential structures on Birchfield Avenue, then travels northeast, generally parallel with the Rancho Palos Verdes and Rolling Hills Estates border. All views from the trails are blocked by existing residential structures located mainly on Birchfield Avenue. Section 7: That the Height Variation is warranted since the proposed new structure is not located on a ridge or promontory. The subject property is located within a fully developed single-family residential tract. Resolution No.2008-75 Page 2 of 4 Section 8: - That the Height Variation is warranted since the area of the proposed new structure above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view form the viewing area of another parcel. The properties in the subject neighborhood have a view of city lights and the San Gabriel Mountains to the north. The views from the properties along Bayridge to the south are not affected by the proposed project since those properties are elevated approximately 50' higher than the subject property. Additionally, the properties to the east and west do not have a view across the subject property. Furthermore, the properties to the south are at lower elevation than the subject property. Section 9: That the Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character as evidenced in Section 2. Section 10: That the Height Variation is warranted since the proposed new structure above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. The proposed two story structure is located significantly away from the properties located to the east and west and does not create any adverse privacy infringement. Additionally, given that the property to the north is located approximately 20' lower in building pad level, the proposed windows on the second floor would only afford the subject occupants a view over their property of the city lights and San Gabriel Mountain. Section 11: That the Grading Permit is warranted since the grading does not exceed that which is necessary for the permitted primary use of the lot. The proposed grading is to accommodate a larger building pad for a new residence which is the allowed primary use of the parcel. Section 12: That the Grading Permit is warranted since the proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. There is no view impairment caused by the proposed project. Section 13: That the Grading Permit is warranted since the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The applicant is proposing to cut approximately 10 linear feet into the existing upslope that ascends towards Rolling Ridge Road. The proposed retaining wall against the excavated slope will only been seen from the subject property which is approximately 15' lower than the private roadway. The remainder of the slope will be preserved. Section 14: That the Grading Permit is warranted since 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. Two-tiered walls are proposed along a portion of the upslope ascending onto Rolling Ridge Road. Incorporating a terraced design that follows the topographic features of the natural slopes avoids cutting into the slope at a greater depth and constructing a retaining wall taller than proposed. A larger portion of the remaining slope will be preserved.. Resolution No.2008-75 Page 3 of 4 Section 15: That the Grading Permit is warranted since the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The proposed grading area does not contain natural vegetation as defined in the General Plan. Section 16: That the Grading Permit is warranted since allowing more than one upsloping retaining wall will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity; and the proposal will not be detrimental to the public safety nor to other property. Generally, most of the properties in the vicinity are topographically comparable to the subject property and have been improved with some grading, as evidenced by existing retaining walls on other properties and the existing slopes on the parcels. Additionally, allowing two upsloping walls will not be detrimental to public safety or to other properties since it cannot be seen or accessed except by the occupants of the subject property. Section 17: The time within which the judicial review of the decision ceflected in this Resolution, if available, must be sought, is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 18: For the foregoing reasons and based on the information and findings included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby approves the Height Variation, Site Plan Review and Grading Permit application to allow for the demolition of an existing single-story residence and the construction of a new 8,297.05ft2 two-story residence (Case No. ZON2008-00040); 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 in the area. PASSED, APPROVED AND ADOPTED this 19th day o'Augc.st 2008. ......■4111LAS Mayor Attest: &ALL_ // 1 City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2008-75 was duly and regularly passed and adopted by the said City Council at a regular meeting held on August 19, 2008. City Clerk Resolution No.2008-75 Page 4 of 4 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR 5335 ROLLING RIDGE ROAD General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public rights-of-way. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 6. Failure to comply with and adhere to all of these conditions of approval is cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of n0 further effect unless, prior to expiration, a written request for extension is filed • with the Department of Planning, Building and Code Enforcement and approved by the Director. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 9. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 10. The construction site and adjacent public and private properties and streets 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. 11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 12. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (38.54% proposed) and the following setbacks from the applicable property lines: Front 20 feet (20 feet proposed) Side (E) 5 feet (41.5 feet proposed) Side (W) 5 feet (18.7 feet proposed) Rear 15 feet (18.58 feet proposed) 13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 14. A minimum 3-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. 15. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 16. All grading, landscaping and construction activities shall exercise effective dust Resolution No.2008-75 Exhibit A Page 2 of 3 control techniques, either through screening and/or watering. 17. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 18. This Height Variation allows the demolition of an existing single-story residence and conduct 738.9yd3 of grading to accommodate a new 25.89' tall, two-story 7,067.46ft2 (5,316.94ft2 1st floor and 1,750.52ft2 2nd floor) residence with a 1,229.59ft2 attached garage. 19. The Grading Permit allows 738.9yd3 of grading which includes an extreme slope ascending up to. Rolling Ridge Road from the building pad with a maximum depth of 6'. The heights of the retaining walls shall be as shown on the stamped approved plans. The two retaining walls against the ascending extreme slope shall not exceed 6' and 3', respectively. The retaining walls along the south side of the residence shall not exceed 32" in height. Retaining walls in the side yard (east) and any other freestanding walls shall not exceed 6' in height. 20. Prior to building permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a haul route and curb cut from the Director of Public Works. 21. The height of the new residence shall not exceed the measurements shown on the stamped plans, approved by the Planning Department. The maximum height of the additions shall not exceed 25.89', as measured from the point where the lowest foundation or slab meets the finished grade, to the ridgeline or highest point of the structure and 18.49', as measured from the preconstruction grade at the highest elevation of the existing building pad area covered by the structure to the ridgeline. 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. 22. The approved project shall maintain the setbacks depicted on the stamped approved plans, but in no case shall minimum setbacks be less than the following: 20' front, 15' rear, and 5' sides. 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. Resolution No.2008-75 Exhibit A Page 3 of 3