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PC RES 2005-045 • P.C. RESOLUTION NO. 2005-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW (CASE NO. ZON2005-00071), FOR PROPERTY LOCATED AT 28953 CRESTRIDGE. WHEREAS, on February 11, 2005, the applicant submitted Height Variation, Grading Permit, and Site Plan Review applications requesting to conduct 84 cubic yards of grading and construct a new 5,920 square foot single-family residence. On March 14, 2005, staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. On September 14, 2005, the applicant submitted the remaining information to staff that was needed to complete the application; and, WHEREAS, the Height Variation, Grading Permit, and Site Plan Review application was deemed complete by staff on September 15, 2005; and, WHEREAS, ursuant to the provisions of the California Environmental Quality p 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 the Height Variation, Grading Permit, and Site Plan Review would have a significant effect on the environment and, therefore, thero osed project has been found to be categorically exempt under Class p p 3 (Section 15303); and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 25, 2005 at which time all interested parties were given opportunities to be heard and present evidence; and, 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 84 cubic yards of grading and the construction of a new 5,920 square foot single-family residence. Additionally, the approved project includes a new swimming pool, fire pit, outdoor fireplace, and pp barbeque. Section 2: The Height Variation is warranted since the applicant has complied with the early neighborhood hborhood consultation process established by the City by obtaining o signatures from 93% of the landowners within 100 feet and 33% of the total number of landowners within 500 feet. P.C. Resolution No. 2005-45 Page 1 of 7 • Section 3: The Height Variation is warranted since the proposed addition to the existingstructure that is above sixteen feet in height 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 q Specific Plan, as City-designated viewing areas. Due to the location of the site and the topographyin the area, the proposed structure is not visible from a public viewing area or viewing site, as defined by the General Plan. 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 addition to the existing structure that is above sixteen feet in height, as defined in Section 17.02.040(B) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The building pads of the other properties had a sufficient elevation difference such that they view over the proposed residence or due to the location of the viewing area, the proposed residence did not encroach into the view frame of the other properties Section 6: The Height Variation is warranted since no view impairment exists from the viewing area of another parcel, therefore the structure is designed and situated in such a manner as to reasonably minimize the impairment of a view. Section 7: The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application. Since the project does not create view impairment, it does not contribute towards cumulative view impairment. Section 8: The Height Variation is warranted since the proposed addition 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 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character. Based on an analysis of the area, it is found that theP roposed structure is consistent with the character of the immediate neighborhood with respect to architectural style and materials, bulk and g mass, number of stories, structure size, front, side, and rear yard setbacks, and open space between structures. Section 10: The Height Variation is warranted since the addition to the existing structure that is above sixteen feet does not result in an unreasonable infringement of the privacyof the occupants of abutting residences. Even though the subject property's p building pad is lower than the building pads of 28949 and 28955 Crestridge Road, which allows thero ert owner of the subject property a new ability to view into the rear p p Y yardsproperties,of these ro erties, a condition of approval that requires the windows on the east P.C. Resolution No. 2005-45 Page 2 of 7 4110 • and miest side of the second floor to either be clerestory windows or consist of opaque glassl has been included. With this condition, the impact to the privacy on the adjoining properties will not be significant. Section 11: 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. Thep ermitted primary use of the property is single-family residential. The grading permit is to accommodate a paved RV parking area for the residence, which is an accessory and is incidental to the existing single-family residence. Section 12: The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the "viewing area" of neighboring properties. The proposed grading is not located under the building g footprint, thus does not contribute to a structure that impacts views, as seen from another property. Furthermore, based on the location of the retaining walls and the proposed improvements surrounding said retaitai"rig walls, the walls will not have a , significant adverse impact to the visual relationship s in the area. Section 13: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural. Since the project includes limiting area the and quantity of grading and the grading will not completely eliminate the transition slope the project minimizes disturbances to the natural contours and finished contours are reasonably natural. Section 14: 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. The grading blends into the existing topographical ographical features of the transition slope and has taken into account the preservation of natural topographical features of the site. Section 15: The grading will not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. According to the "Natural Vegetation of Rancho Palos Verdes" Map (dated June 11, 2003), which is part of the City's NCCP, natural landscape or wildlife habitat does not occur within the vicinity of site. Section 16: The grading conforms to the standards set forth in Municipal Code Section 17.76.040(E)(9) for heights of cut and fill, grading on slopes, and the height and number of retaining wall. Section 17: The Site Plan Review is warranted since the proposal meets all of the Development Code requirements. The accessory uses meet the Development Code requirements including the minimum required setbacks and maximum height. P.C. Resolution No. 2005-45 Page 3 of 7 18: proposed project complies with all eight performance criteria Section The p set forth Municipal Code Section n 17.40.060 for the Urban Appearance Overlay Control (OC-3) District. Section 19: Any interested person aggrievedby this decision or any portion of this the CityCouncil. Pursuant to Sections 17.02.040, decision may appeal to 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such he Cit in writing, and with the appropriate appeal fee, no appeal must be filed with t y, g later than November 9, 2005. Section 20: For the foregoing reasons' and based on the information and • Report, Minutes and other records of proceedings, the findings included in the Staff p , • Cityof Rancho Palos Verde:. hereby approves the Height Planning Commission of the . • Site Plan Review to allow for the 84 cubic yards of Variation, Grading Permit, and • construction of a new 5,920 square foot single-family residence, grading and the No. pool, fire pit, outdoor fireplace, and barbeque (Case including the swimming . � � and • subject to the conditions contained in Exhibit 'A', attached hereto ZON2005-00071), are necessary made a part hereof, which to protect the public health, safety and welfare in the area. PASSED, APPROVED AND ADOPTED this 25th day of October 2005, by the following vote: AYES: GOLIDA, KARP, KNIGHT, MUELLER, PERESTAM, TETREAULT NOES: NONE ABSTENTIONS: NONE ABSENT: GERSTNER i - Paul Tetreault, Chairman Joel -ojas, AIC' D rec r • of Plann g, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2005-45 Page 4 of 7 • Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2005-45) Height Variation, Grading Permit, and Site Plan Review (Case No. ZON2005-00071) 1. Theapproval of a Height Variation, Grading Permit, and Site Plan Review is to allow for 84 cubic yards of grading and the construction of a new 5,920 square foot single-family residence, including a swimming pool, fire pit, outdoor fireplace, and barbeque. More specifically, the proposed residence is a two-story structure that consists of 4,985 square feet of habitable space (3,455 square feet on the first floor and 1,530 square feet on the second floor) and a 935 square foot garage. Additionally, this approval allows 84 cubic yards of cut along the toe of the transition slope on the west side of the building pad and the construction of a 5' tall upslope retaining wall immediately adjacent to the new paved RV parking area and a 3'-6" tall upslope retaining wall near the property line (within the side yand setback). Finally, this approval allows the construction of a new swimming pool, pit,fire outdoor fireplace, and barbeque in the rear yard (north side) of the residence. 2. Approval of this Height Variation, Grading Permit, and Site Plan Review shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or anyFederal, State, County, and City laws and regulations. g Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. rt owner shall submit to the Citya statement, in writing that 3. The applicant/property they have read, understand and agree to all conditions of approval listed below. Failure torovide said written statement within ninety (90) days of the effective p 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 g 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. P.C. Resolution No. 2005-45 Page 5 of 7 • 7. Theroject shall substantially conform to the plans stamped, and dated the p effective date of this approval, approved by the Planning Department. 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, p 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. In order to maintain the privacy of 28949 and 28955 Crestridge Road, the windows on the west and east side of the second floor shall either be clerestory windows or shall consist of opaque glass. 12. Unless modified by a future approval, the approved project shall maintain a maximum 35% lot coverage. 13. Based on a foliage analysis conducted by staff, it is found that the existing g pepper tree significantly impairs the view from 28949 Crestridge Road. As such, g prior to the issuance of building permits this tree shall either be removed or shall be trimmed such that the height of tree does not exceed 16'. If the trimming option tion is chosen, the pepper tree shall be maintained at the 16' height or lower. 14. Thero osed residence shall not exceed a height of 25.55', as measured from p p the lowest grade adjacent to the building foundation/slab (80.2') to the highest ridgeline of the residence (105.75'), and 25.15', as measured from the highest elevation of existing building pad covered by structure (80.6') to the highest ridgeline of the residence. Furthermore, the accessory structures shall not exceed a maximum height of 12'. 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. 15. Thero osed structure shall maintain the following minimum setbacks: p p 15' rear (proposed: 15') 5' side (proposed: 8' west, 8' east) 20' front (proposed: 126') P.C. Resolution No. 2005-45 Page 6 of 7 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. 16. Any area that is graded or vegetation is removed from shall be replaced with properly drained impervious surface or suitable vegetation within six months of the commencement of grading or removal of vegetation. 17. The property owner shall not propose the use of any vegetative materials, which are not compatible with the visual, climatic, soil, and ecological characteristics of the city or which require excessive water. P.C. Resolution No. 2005-45 Page 7 of 7