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PC RES 2006-012 P.C. RESOLUTION NO. 2006-12 RESOLUTION F THE PLANNING COMMISSION F THE CITY OF RANCHO PALOSVERDEVERDES CONDITIONALLY APPROVINGA HEIGHT VARIATION AND GRADINGIT AND DENYING ITH UT PREJUDICE A VARIANCE (CAS . Z N20 3-0 620), FOR PROPERTY LOCATED AT 6010 OCEAN TERRACE DRIVE. WHEREAS, on April 5, 1977, the City of Rancho Palos Verdes approved Tract Map No. 31617, thereby creating 80 parcels for the construction of single-family residential structures. Since that time, the tract has been developed with mostly custom-built homes, with a few vacant parcels remaining in the tract. As part of the conditions of approval, Building/Grading Restriction (BGR) Lines were recorded on portions of the tract, including the subject parcel, which grading and construction of structures are prohibited; and, WHEREAS, on October 5, 1993, the City amended the conditions of approval for Tract Map No. 31617 to allow minor grading and minor structures outside of the Building/Grading Restriction (BGR) lines; and, WHEREAS, on November 19, 2003, the applicant submitted Height Variation, Grading Permit, and Variance applications (Case No. ZON2003-00620) requesting to construct a new residence on a vacant parcel. On December 17, 2003, 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 November 9, 2005, the applicant submitted the remaining information to staff that was needed to complete the application; and, WHEREAS, the Height Variation, Grading Permit, and Variance applications were deemed complete by staff on December 6, 2005; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the States 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 Variance would 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, 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 January 10, 2006, January 24, 2006 and March 14, 2006, at which time all interested parties were given opportunities 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 approved project includes 3,649 cubic yards of grading (803 cubic yards of cut and 2,846 cubic yards of remedial over-excavation and re- compaction) and the construction of a new 6,709 square foot two-story single-family residence. Additionally, the approved project includes the construction of a 660 square foot swimming pool and related equipment. Section 2e The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the City by obtaining signatures from 80% of the landowners within 100 feet and 61% of the total number of landowners within 500 feet. Section ® The Height Variation is warranted since the proposed structure 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 flan or Coastal Specific Plan, as City-designated viewing areas. Due to the location of the site and the topography in 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 that is above sixteen feet in height 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 proposed structure that is above sixteen feet in height, as defined in Section 17.02.040(5) of this Chapter, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. The only view impairment caused by the structure are caused by the portions of the structure that are within the 16720' "by-right" building height. Therefore, the structure does not impair a protected view. Section The Height Variation is warranted since the proposed structure that is above sixteen feet in height—when view impairment exists from the viewing area of another parcel but it is determined not to be significant, as described in the previous section—is designed and situated in such a manner as to reasonably minimize the impairment of a view. As noted in the previous section, the proposed project does not create view impairment to a protected view, therefore the project has been designed and situated in such a manner as to reasonably minimize the impairment of a view. Section 7e 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 that would be caused by the proposed new structure that is above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b) considering the amount of view impairment that would be caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. Since the project P.C. Resolution No. 2006-12 Page 2 of 10 does not create view impairment, it does not contribute towards cumulative view impairment. Section 8: 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 o 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 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 10: The Height Variation is warranted since the proposed structure that is above sixteen feet does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Inasmuch as the applicant is grading to create a new lower lever, the portions of the residence that exceed the 16'/20' height limit are at the same elevation that a single story residence could be built at. As such, the proposed residence does not give the property owner an additional visual observation into another property that they would not posses with a home built at the "by-right" height. 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. The permitted primary use of the property is single-family residential. The grading permit is to allow a new single-family residence that includes tucking the garage under the main residence. This approval allows the applicant to construct a two-story residence that is compatible with the neighborhood and therefore the grading is not considered excessive. 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. As noted above in section 5 of this Resolution, the proposed project does not result in the impairment of a protected view. Section 13: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural. Grading has been limited on the slopes of the property to that needed for the driveway. 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. Grading has been limited on the slopes of the property to that needed for the driveway. P.C. Resolution No. 2006-12 Page 3 of 10 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 finished slopes. However, the applicant is grading on slopes that exceed a 35% gradient and the depth of cut and height of retaining walls exceeds the Municipal Code allowances. Although the grading does not meet all of the criteria required for approval of a Grading Permit, pursuant to Municipal Code Section No. 17.76.040(E)(10) the deviation in the criteria is warranted and the project is approved because: a) The first eight criteria of Municipal Code Section No. 17.76.040 have been satisfied. b) The approval is consistent with the purpose of Municipal Code Section 17.76.040, which states, "The purpose of the chapter is to provide reasonable development of land, ensure the maximum preservation of the scenic character of the area, ensure that the development of properties occurs in a manner harmonious to adjoining properties, and that the project complies with the goals and polices of the General Plan." By allowing the deviations in the grading standards, the applicant is able to tuck the garage under the residence. This, in turn, will keep the residence compatible with the neighborhood, thus preserving the scenic character of the neighborhood. c) Departure of the standards will not constitute a special privilege with the limitations upon other properties in the vicinity. By allowing the deviations in grading, the applicant will be able to construct a two-story residence, as other property owners in the area have, which does not constitute a special privilege. d) Departure from the standards will not be detrimental to the public safety, nor to other property. The applicant has submitted, and has received approval of, a geology report, which demonstrates to the satisfaction of the City's Geologist, that this project can be constructed without creating a hazard to public safety. Furthermore, the City, prior to issuance of building permits, requires that the structure and all retaining walls be engineered to meet the requirements of the building code. These aforementioned requirements are placed on all structures, regardless of the deviations in the grading standards. As such, deviating from the standards does not alter the City's review of the structural aspect of the structure and the retaining walls. Section 17: The Variance is not warranted because there are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the P.C. Resolution No. 2006-12 Page 4 of 10 intended use of the property, which do not apply generally to other property in the same zoning district. The subject property is a 21,291 square foot, rectangular shaped, pad lot within the RS-2 zone. The site is roughly the same size and shape as the other properties in the area; therefore, there is no unique circumstance on the property that would prevent the owner from being able to meet the Code requirement. Furthermore, this property is currently vacant, and as such, the applicant has the ability to design the proposed project to meet his needs, as well as the Code requirements. Section 18: 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, 17.64.060, 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 29, 2006. Section 1 : For the foregoing reasons and based on the information and findings included in the Staff Reports, 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 3,649 cubic yards of grading (803 cubic yards of cut and 2,846 cubic yards of remedial over-excavation and re-compaction) and the construction of a new 6,709 square foot two-story single-family residence (Case No. Z®N2003-00620); subject to the conditions contained in Exhibit ®Ag, attached hereto .and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. Section ® Furthermore, for the foregoing reasons and based on the information and findings included in the Staff Reports, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies without prejudice the Variance to allow 5-foot-tall solid walls to be located within the 20-foot street-side setback area of the subject property. P.C. Resolution No. 2006-12 Page 5 of 10 PASSED, APPROVED AND ADOPTED this 14 th day of March 2006, by the following vote: AYES: Commissioners Karp, Ruttenberg and Tetreault, Vice Chair Gerstner NOES: Commissioner Lewis and Chair Knight ABSTENTIONS: none ABSENT: Commissioner Perestam. /Jim Chair an Joel of S, AICP Dir ctor of Planni g wilding and Code Enforcement; and, I g� Se ry to the Lnning Commission P.C. Resolution No. 2006- 12 Page 6 of 10 xi it ` ' Conditions of Approval (Planning Commission Resolution No. 2006-_) Height Variation & GradingPermit (Case No. 2 -0 62 ) 1. The approval of a Height Variation and Grading Permit allows the construction of a 6,709 square foot two-story single-family residence, which consist of a 1,226 square foot garage and storage area on the lower floor and 5,483 square feet of habitable space on the upper floor. In addition to the residence, this approval allows the construction of a 660 square foot swimming pool, a covered patio on the rear of the residence, and a freeform concrete patio on grade along the toe of the slope near the rear of the property. Furthermore, this approval allows 3,649 cubic yards of grading, which includes 2,846 cubic yards of remedial grading (1,423 cubic yards of cut and 1,423 cubic yards of fill) to remove and recompact the building pad and 803 cubic yards of cut to accommodate the lower floor of the structure and the driveway. This grading also includes the construction of 5' tall retaining walls along the north and south sides of the driveway and a 36" tall retaining wall along the street-side property line. 2. 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. 3. 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. 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 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 AM to 7:00 P . Monday through Saturday. No work is permitted on Sundays or legal holidays. P.C. Resolution No. 2006-12 Page 7 of 10 7. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Commission. 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, appliances or other household fixtures. 9. In the event that a Planning requirement and a Building and 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. Unless modified by a future City approval, the subject site shall maintain a maximum lot coverage of 35.9%. LOT COVERAGE CERTIFICATION IS REQUIRED. LICENSED CIVIL ENGINEER OR SURVEY FI LL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEWPR V L PRIOR TO THE POURINGF FOUNDATIONS 12. The residence shall not exceed a maximum height of 16.67', as measured from the highest elevation of existing building pad covered by structure (104.33') to the highest ridgeline of the residence (121'); and 26', as measured from the lowest finished grade adjacent to the building foundation/slab (95') to the highest ridgeline of the residence (121'). BUILDING I FIT CERTIFICATION IS REQUIRED. LICENSED CIVIL ENGINEER OR SURV Y ALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTEDTO THE CITY'S IL I OFFICIAL FOR REVIEWN P V L PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 13. 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. 14. Unless modified by a future City approval, the residence shall maintain a minimum 20' front yard setback, a 10' side setback, 20' street side setback, and 94'-4Y2" rear yard setback from the rear property line, not the trail easement line. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION P.C. Resolution No. 2006-12 Page 8 of 10 SHALL BE SUBMITTEDTO THE CITY'S BUILDINGOFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE POURINGTI 15. Prior to the submittal of plans to Building and Safety Plan Check, the applicant shall modify the plans to remove or louver the walls in the street-side setback area in order to comply with the Development Code standards. 16. All improvements located within the intersection visibility triangle shall not exceed a height of thirty inches (30"), as measured from the adjacent street curb elevation. Prior to the issuance of building permits, the site plan shall be revised to depict the location of the intersection visibility triangle and the consistency of the site improvements therein (i.e., walls, slopes, shrubbery, etc.) with the 30- inch height limit. 17. There is a 10' wide trail easement for the McBride Trail (RPV Conceptual Trail Plan Section 3, Segment 132) that runs across the rear of the subject site. This trail easement shall not be blocked, reduced, or otherwise interfered with before, during or after construction. 18. 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. 19. Prior to building permit issuance and/or commencement of grading, the applicant shall obtain an encroachment permit for all work that is proposed within the public right-of-way of Ocean Terrace Drive and/or Pacifica Drive. 20. The required front-yard setback area of the lot shall be at least fifty (50) percent landscaped. 21. All structures located between the front property line and the exterior facade of the existing single-family residence closest to the front property line, or between the street side property line and the portion of the existing single-family residence closest to the street side property line, shall not exceed forty-two (42) inches in height, unless a lower height is required to comply with the restrictions imposed by the intersection visibility triangle pursuant to Condition No.16 above. 22. The pool shall be setback a minimum 3° from the rear or interior side property lines. 23. A pool enclosure is required. Enclosure must consist of 5' to 6` tall fence or wall with a self-closing, self-latching gate. 24. All retaining walls shall have a finish and color to match the residence. Additionally, subject to the review and approval of the Director of Planning, Building, and Code Enforcement, landscaping shall be provided between the retaining walls flanking the driveway and the driveway itself to screen said retaining walls. A landscape plan shall be submitted to and approved by the P.C. Resolution No. 2006-12 Page 9 of 10 Director of Planning, Building, and Code Enforcement prior to the issuance of building permits. The landscaping shall be installed by the applicant and inspected by Planning Staff prior to issuance of the building permit final. 25. There shall be no grading in order to construct the freeform concrete patio on grade. However, if the patio is used in the future as an RV parking space, it shall be fully paved from the street, shall include a curb cut, and shall comply with the requirements of Municipal Code Section 8.24.060(A)(6) (RV Ordinance). 26. Prior to the issuance of a building permit for the house and/or the pool, the applicant shall revise the site plan to show that the approved air conditioning units and pool equipment will be located no closer than three feet (T-0") from the side property line. In addition, prior to the issuance of.a building permit for the house and/or the pool, the applicant shall provide to the Director manufacturers' specifications for the air conditioning units and pool equipment to demonstrate that they will not generate noise levels in excess of 65 dBA at the side property line. 27. Notwithstanding the plans reviewed by the Planning Commission on March 14, 2006, the approved project shall be revised as follows: a. The freestanding wall and gate in the easterly side yard shall not exceed 6' in height; b. Any future gate providing access to the freeform concrete patio slab in the rear yard shall not exceed 7' in width; and, C. The slopes and retaining walls on both sides of the driveway shall be modified such that the walls do not exceed 5' in height, any new slopes adjacent to these walls do not exceed 67%, and no grading occurs outside the BGR line. MAProjects\ZON2003-00620(LaCharite,6010 Ocean Terrace Dr)\PC Resolution 2006-12.doc P.C. Resolution No. 2006-12 Page 10 of 10