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PC RES 2008-001 P.C. RESOLUTION NO. 2008-01 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALPALOS VERDES DENYING, WITHOUT PREJUDICE, A HEIGHT VARIATION, DING PERMIT ITE PLAN REVIEW TO CONSTRUCT A NEW -STORY 3,671 FT2 RESIDENCE WITH 63FT2 ATTACHED GARAGE AND CONDITIONALLY PPR VIN AN EXTREME SLO PERMIT TO CONSTRUCT A CANTILEVERED DECK IN THE E YARD OF 5329 BAYRIDGE ROAD ( 2007® 00179)„ WHEREAS, on April 26, 2007, the applicant submitted a Height Variation, Site Plan Review and Extreme Slope Permit application, requesting to demolish the existing 1,793ft2 single-story residence, construct a new 3,918ft2 two-story residence with a 688ft2 attached garage, and a new 270ft2 cantilevered deck over an extreme slope in the rear yard; and, WHEREAS, on August 22, 2007, staff deemed the Height Variation, Site Plan Review and Extreme Slope Permit applications 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), Staff found no evidence that the Height Variation, Site Plan Review and Extreme Slope 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, after notice issued on August 22, 2007 pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 25, 2007, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on September 25, 2007, the Planning Commission continued the proposed project to the November 13, 2007 meeting, in order to allow the applicant additional time to modify the proposal to address concerns expressed by the Planning Commission; and, WHEREAS, on November 13, 2007, the Planning Commission continued the proposed project to the January 8, 2008 meeting, in order to allow the applicant additional time to modify the proposal to address concerns expressed by the Planning Commission; and, WHEREAS, on January 8, 2008, the Planning Commission held a public hearing, 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 includes the demolition of an existing single- story residence and conduct 230yd3 of grading to accommodate the construction of a new 3,671ft2 two-story residence with a 653ft2 garage. The proposed new residence includes a 2,314ft2 first floor, 1,357ft2 second floor and a 653ft2 two-car direct access garage. A cantilevered deck over a descending slope in the rear yard is also proposed. P.C. Resolution No. 2008-01 Page 1 of 5 Section 2: That the Height Variation is not warranted since the area of the proposed new structure that is above 16' in height, when considered exclusive of existing foliage, significantly impairs an existing view of the San Gabriel Fountains from the main viewing area (kitchen) of 5338 Bayridge Road. The entire width of the proposed second floor would impair the San Gabriel Fountains. Section 3; That the Height Variation is not warranted since the proposed new structure is not compatible with the immediate neighborhood character. The new structure is massive and bulky as seen from the rear and side yard of the abutting neighbor's property at 5325 Bayridge Road (Faehara). The proposed second floor stretches nearly the entire length of Faehara's side yard. Although the ridgeline is reduced a total of 2.17',the 2-story fagade will still be relatively close and due to the grade difference between the two properties will still appear massive to the easterly neighbor. Section 4e That the grading permit is not warranted since the related construction is not compatible with the immediate neighborhood character as evidenced in Section 3. Section 5: That the Extreme Slope Permit is warranted since the site cannot reasonably accommodate the structure except on an extreme slope. Currently, there is not enough existing flat rear yard area to accommodate a deck since nearly a quarter of the lot is an extreme slope. It should be noted that cantilevered decks are not uncommon in the immediate neighborhood, as four other properties located on the same side of the subject property currently have existing cantilevered decks over their rear slope. Section 69 That the Extreme Slope Permit is warranted since the permit will result in no significant adverse effect on neighboring properties. The residential properties accessed from Rolling Ridge Road, located immediately north of the subject property are 40' lower in elevation and would be a minimum 90' away from the proposed deck. As such, although the proposed deck would be visible from neighboring properties, it will not create an adverse visual impact from any of the properties located on Rolling Ridge Road given the distance from neighboring properties. In regards to any potential for slope instability, increased runoff, and/or other adverse impacts resulting from the construction of the proposed deck, the proposed deck will be subject to the City Geologist and Building and Safety Department's review and approval and thereby will ensure there will be no significant adverse impacts. Section 7: That the Extreme Slope Permit is warranted since the structure will not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Although the proposed deck would be extended 6' further out over the slope than the rear yards of the abutting neighbors, there is a wall along the side property lines that would block portions of the abutting neighbors' rear yards from being readily visible. Section 8: That the Extreme Slope Permit is warranted since any disturbance of the slope will be insignificant. The project does not involve a significant amount of grading that will disturb the natural slope. With exception to the minimal amount of grading involved with the footings, no other excavation or fill is proposed. Section 9. That the Extreme Slope Permit is warranted since the permit is consistent with the general plan, coastal specific plan or any other applicable plan. The subject property is in a RS-5 zoning district in which the General Plan allows for the development of residential neighborhoods, including the types of accessory structures that are incidental to the use of the main single-family structure, such as decks. In addition, the subject property is not located P.C. Resolution No. 2008-01 Page 2 of 5 within the City's coastal zone, nor is it subject to any overlay control district standards or other plans. Section 10: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, January 23, 2008. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on January 23, 2008. Section 11. 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 denies, without prejudice, the Height Variation, Grading Permit and Site Plan Review applications and conditionally approves the Extreme Slope Permit, subject to the conditions set forth in the attached 'Exhibit A' (Case No. 2ON2007-00179). PASSED, APPROVED AND ADOPTED this 8th day of January 2008, by the following vote: AYES: Commissioner Knight, Ruttenberg, Tetreault, Vice Chairman Perestam NOES: Commissioner Karr RECUSALS: Commissioner Lewis. Chairman Gerstner ABST'ENT'IONS: None ASSENT": None PWIL 'Sill Gerstner, Chairman Joel 04s, AICP Dire for f Plannng uilding and o e Enforce ent; and, Secr ry of the Planning Commission P.C. Resolution No. 2008-01 Page 3 of 5 Exhibit"A" Conditions of Approval Case No. N20 7-00179 (Extreme Slope Permit) 5329 Bayridge Road General 1. Approval of this Extreme Slope 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. 2. The approval shall become null and void after 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 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. Said statement shall be submitted to the Director of Planning, Building, and Code Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the effective date of approval, which ever occurs first. Failure to provide said written statement shall render this approval null and void. 4. The Director of Planning, Building, and Code Enforcement is authorized to approve minor modifications to the conditions of approval and/or the approved plans, provided such modifications will achieve substantially the same results as would strict compliance with the original plans or conditions. 5. 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. Trucks and other construction vehicles 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 above. 6. The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 7. 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. 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. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. P.C. Resolution No. 2008-01 Page 4 of 5 Extreme Slope Permit 10. This extreme slope permit allows the construction of a cantilevered deck over the descending slope in the rear yard of the subject property. The deck is proposed to extend out a maximum distance of 6 feet from the existing top of the slope (existing top of slope elevation = 98.9-east, 100.1-west), as shown on the civil survey provided by the architect. The height of the proposed project shall not exceed 12', as measured from the point where the lowest foundation or slab of the vertical support meets finished grade to the top of the guardrail, as shown on the stamped plans, approved by the Planning Department. 11. 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. P.C. Resolution No. 2008-01 Page 5 of 5