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PC RES 2008-022 P.C. RESOLUTION NO. 2008-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO P L S VE DES APPROVING A HEIGHT VARIATION AND GRADING PERMIT TO CONDUCT 5 . YD3 OF GRADING T ACCOMMODATE DATE A 2,025AFT2 SPLIT-LEVEL ADDITION (674. FT2 UPPER LEVEL, 737.9FT2 LOWER LEVEL AND 61 .3T2 GARAGE) TO AN EXISTING SINGLE STORY RESIDENCE AT 5338 BAYRIDGE A (Z 2008-00193). WHEREAS, on April 9, 2008, the applicant submitted a Height Variation and Grading Permit application, requesting to demolish an existing garage and conduct 59.6yd3 of grading to accommodate a 2,025.4ft2 split-level addition (674.2ft2 upper level, 737.9ft2 lower level and 613.3ft2 garage) to an existing single story residence; and, WHEREAS, on April 23, 2008, staff deemed the Height Variation and Grading 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 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 1 (Section 15301); and, WHEREAS, a public notice was published in the Palos Verdes Peninsula Nevus on April 26, 2008 pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on May 27, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project is a request to demolish an existing garage, conduct 59.6yd3 of grading to accommodate a 2,025.4ft2 split-level addition (674.2ft2 upper level, 737.9ft2 lower level and 613.3ft2 garage) to an existing single story residence. The existing indirect access garage will be demolished and a new direct access garage will be constructed as a replacement. Section 2e 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 20 (32%) landowner signatures within the 500' radius, of which 8 (73%) are within the 100' radius. Additionally, a copy of the plans along with a letter was sent to the Lower Grandview Horne Owner's Association for any comments. Section 3: That the Height Variation is warranted since the proposed addition to an existing structure that is above 16' in height does not significantly impair a view from public property has been identified in the city's general plan or coastal specific plan, as city-designated P.C. Resolution No. 2008-22 Page 1 of 6 viewing areas. The Valmonte Canyon Trail is located approximately 420' east and the Birchfield Trail is located approximately 500' south of the subject property. The Valmonte Canyon trail follows the rim of Valmonte Canyon, which is located behind residential structures on Birchfield Avenue, while the Birchfield Trail starts in the middle of Birchfield Avenue and follows the Valmonte Canyon down in an easterly direction onto Silver Spur Road, south of Lutheran Church. All views from the trails are blocked by existing residential structures located mainly on Birchfield Avenue. Section 4; That the Height Variation is warranted since the proposed new structure is not located on a ridge or a promontory. The subject property is located within a fully developed single-family residential tract. Section 5® That the Height Variation is warranted since the area of a proposed addition to an existing structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. There are few properties at higher elevation than the subject property in the northerly direction; however, the proposed structure does not affect their views. Section 6: That the Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character. The proposed architectural style (California Ranch with low-profile roof), building materials (stucco exterior with natural stone accents) and color are consistent with other California Ranch style homes in the immediate neighborhood. The proposed residence includes a planter on the second floor, extended roof eaves, multiple building materials, recessed portion of the second floor and incorporates multiple levels and roof planes. Although the size of the proposed project will be the largest in the neighborhood, the articulated fagades create a structure that appears smaller in scale that blends in with the existing neighborhood. Section 7e That the Height Variation is warranted since the proposed addition to an existing structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. There are no windows proposed above 16' in height. Section 8: 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 amount of grading is to accommodate the proposed additions that are directly related and dependent on the primary use and therefore do not exceed what is necessary for the permitted use of the lot. Section 9: 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 10® That the Grading Permit is warranted since the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. There are no natural contours left on the property that needs to be preserved. Although excavating the ascending driveway will change the topography of the lot by creating a split-level structure, there is no disturbance to natural contours and the finished contours are consistent with other homes in the immediate neighborhood. P.C. Resolution No. 2008-22 Page 2 of 6 Section 11: 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. There are no natural topographic features on the property. Section 12: 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 is currently improved with a paved driveway and the remainder of the parcel does not contain any natural vegetation. Section 1 : That the Grading Permit is warranted since there is no grading proposed on slopes equal to or exceeding 35%, no finished slopes greater than 35% is proposed, no cut or fill exceeds a depth of 5' at any point except for the excavation of a basement, no fill or cut is proposed on a slope exceeding 50% gradient and no retaining walls exceeding 5' in height. One 2' tall retaining wall is proposed adjacent to the new driveway. Section 14: 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, June 25, 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 June 25, 2008. Section 15: 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 and Grading Permit application (Case No. ZON2008- 00193). PASSED, APPROVED AND ADOPTED this 10th day of June 2008, by the following vote: AYES: Commissioner Ruttenberg, Tomblin Chairman Perestam NOES: Commissioner Knight RECt1SALS: Nome ABSTENTIONS: Commissioner Gerstner, Tetreault,, Tice Chairman Lewis ABSENT: None �f Stephen Perestam, Chairman Joe FVJa , AICD Direc or o Planning ilding and od Enforcem nt; and, Secre of the Planning Commission P.C. Resolution No® 2008-22 Page 3 of 6 EXHI IT 'N CONDITIONS F APPROVAL FOR 5338 BAYRIDGER AD 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 may 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 no 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 P.C. Resolution No. 2008-22 Page 4of6 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 52% lot coverage (44% proposed) and the following setbacks from the applicable property lines: Front 20' (20' proposed) Side (W) 5' (5' proposed) Side (E) 5' (16-2" proposed) Rear 15' (13'-2" proposed) 13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 14. A minimum 2-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 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. P.C. Resolution No. 2008-22 Page 5 of 6 Proiect Specific Conditions: 18. This approval allows the demolition of an existing garage and the construction of a new 2,025.4ft2 split-level addition (674.2ft2 upper level, 737.9ft2 lower level and 613.3ft2 garage)to an existing single story residence. This approval also allows 59.6yd3 of excavation and 1.91' maximum depth of cut on the existing driveway area. 19. Prior to Building Permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of the curb cut from the Director of Public Works. 20. The maximum overall height shall not exceed 20.46', as measured from the point where the lowest foundation or slab meets the finished grade, to the existing ridgeline of the structure; and 17', as measured from the highest existing grade from 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. 21. 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. 22. Roof eaves may project into required setbacks not more than 6 inches per foot of the required setback. P.C. Resolution No. 2008-22 Page 6of6