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PC RES 2009-044 P.C. RESOLUTION NO. 2009-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION, GRADING PERMIT AND SITE PLAN REVIEW, FOR THE DEMOLITION F AN EXISTING HOME AND CONDUCTING 1,377YD3 OF GRADING TO ACCOMMODATE A NEW 24'-3" TALL, 9,986FT2 TWO-STORY RESIDENCE AT 15 HEADLAND DRIVE. WHEREAS, on April 30, 2009, the applicant (Tomaro Architecture) submitted Height Variation, Grading Permit and Site Plan Review applications, requesting to demolish an existing single-story residence, conduct 1,377yd3 of grading and construct a new 24'-3" tall, 9,986ft2 two- story residence.; and WHEREAS, on May 14, 2009, staff deemed the proposed project incomplete based on missing information; and, WHEREAS, the applicant submitted additional information and staff deemed the project complete on August 17, 2009; and, WHEREAS, a notice was published on August 20, 2009, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, the Planning Commission held a duly noticed public hearing on September 22, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on September 22, 2009, the Planning Commission approved the project as presented and directed staff to prepare a resolution of approval for adoption at the October 13, 2009 public hearing; 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), the Planning Commission found no evidence that the Height Variation, Grading Permit and Site Plan Review will have a significant effect on the environment and, therefore, the project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, the Planning Commission held a duly noticed public hearing on October 13, 2009, 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 a request to demolish an existing single-story residence, conduct 1,377yd3 of grading and construct a new 24'-3" tall, 9,986ft2 two- story residence. P.C. Resolution No. 2009-44 Page 1 of 7 Section 2: That the Height Variation is warranted because the applicant has complied with the early neighbor consultation process established by the City by collecting a total of 15 (33%) landowner signatures within the 500' radius, of which 8 (80%) are within the 100' radius. Section 3: That the Height Variation is warranted because the proposed addition to an existing structure that is above 16' 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 specific plan, as city-designated viewing areas. Specifically, there are no public properties near the subject property. Section 4: That the Height Variation is warranted because the proposed new structure is located within a fully developed residential tract is not on a ridge or a promontory, as defined in the Development Code. Section 5: That the Height Variation is warranted because the area of a proposed new 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. More specifically, the proposed project impairs a small portion of the city lights view from 14 Headland Drive and a small portion of the Harbor view from 20 and 26 Headland Drive, relative to their expansive view frame, the impairment is not significant. Section 6: That the Height Variation is warranted because the proposed addition to an existing structure that is above 16' in height is designed and situated in such a manner as to reasonably minimize the impairment of a view. More specifically, the applicant has lowered the building pad by 1.91' and is proposing an overall structure height of 24'-3", when a Height Variation approval may allow up to 26' in height provided that all required findings can be met. Section 7: That the Height Variation is warranted because there is no significant cumulative view impairment caused by granting the application. Should 31 and 25 Headland Drive be improved with a 24'-3" tall structure, similar to the proposed project, they would not cause any view impacts to the surrounding properties. Unlike the subject property's building pad which is 20' below the street level, the building pads of both 31 and 25 Headland Drive are approximately 25-30' below the street level. Given this elevation difference, the ridgeline of a 24'-3" tall structure on 31 and 35 Headland Drive would be well below the street level, which would result in no significant view impairment from the viewing areas of the neighboring properties. Section 8; That the Height Variation is warranted because the proposed structure complies with all other code requirements, including but not limited to setbacks and open space restrictions, as well as any specific conditions associated with the pertinent tract approval. Section 9e That the Height Variation is warranted because the proposed structure is compatible with the immediate neighborhood character. Although the size of the proposed structure is double the average and larger than the largest home in the neighborhood, the resulting structure would not be out of scale. The primary reason is because the building pad of the subject property is located significantly lower than the street level and only the top few feet of the roof would be visible. The secondary reason is because 841ft2 of the proposed structure size will be located entirely below grade, as a basement level. Additionally, the proposed project is designed with varying setbacks and roof planes, resulting in a project that does not appear bulky or massive. Furthermore, the architectural style, roof design, setbacks, height, P.C. Resolution No. 2009-44 Page 2 of 7 open space, building materials and number of stories is consistent with what exists on neighboring properties. Section 10: That the Height Variation is warranted because the proposed new structure that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. More specifically, the windows on the second floor of the south fagade only afford a view over the rooftop of the abutting neighbor's property while all windows on the second floor of the south fagade are proposed as casement windows with opaque glass. Section 11: That the Grading Permit is warranted because the grading is to accommodate a new residence and driveway and therefore does not exceed that which is necessary for the permitted primary use of the lot. Section 12: That the Grading Permit is warranted because 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. More specifically, the proposed grading results in a lower finished grade by 1.91' under the building footprint such that the height of the proposed structure is lower than a structure that would have been built in the same location on the lot if measured from preconstruction (existing) grade. Section 13: That the Grading Permit is warranted because the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the proposed grading area does not contain any natural contours. Section 14: That the Grading Permit is warranted because 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. More specifically, the proposed grading area does not contain any natural contours. Section 15: That the Grading Permit is warranted because the grading and/or related construction is compatible with the immediate neighborhood character, as described in Section 9. Section 1 : That the Grading Permit is warranted because the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation as none exist on the subject property. Section 174 That the Grading Permit is warranted because no grading is proposed on slopes equal to or exceeding 35%; no finished slopes greater than 35% are proposed; except for the excavation of a basement, no fill or cut exceeds 5' in depth; no fill or cut is proposed on a slope exceeding 50% gradient; no retaining walls equal or taller than 3.5' are proposed; no retaining walls over 5' in height are proposed adjacent to driveways; no driveway exceeding a 20% slope is proposed; and no slopes greater than 67% are proposed adjacent to driveways. Section 18: 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, October 28, 2009. A $2,255.00 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 October 28, 2009. P.C. Resolution No. 2009-44 Page 3 of 7 Section 19: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves, a Height Variation, Grading Permit and Site Plan Review for the demolition of an existing residence, 1,377yd3 of grading and the construction of a new 24'-3"tall, 9,986ft2 two-story residence (Case No. ZON2009-00156). PASSED, APPROVED AND ADOPTED this 13th day of October 2009, by the following vote: AYES: Vice Chairman Gerstner, Commissioners Perestam, Ruttenberg, Tomblin NOES: Chairman Lewis, Commissioners Knight, Tetreault ABSTENTIONS: None RECUSALS: None ABSENT: None is, �{ Chair n Joel R0 , AICP Director of tannin uilding and Coe nforcement; and, Secreta of the Planning Commission P.C. Resolution No. 2009- 44 Page 4 of 7 EXHIBITW CONDITIONS E APPROVAL FOR ZON2009-00156 General Conditions: 1. 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. 2. 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. 3. 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. 4. Failure to comply with and adhere to all of these conditions of approval may be 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. 5. 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. 6. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. 7. 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. 8. 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. 9. 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. P.C. Resolution No. 2009-44 Page 5of7 10. 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. 11. 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. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. 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: 14. This approval allows the demolition of an existing SFR and the construction of the following: i. 5,109ft2 first floor, 3,385ft2 second floor, 841ft2 basement and 651ft2 garage; ii. 7 balconies measuring a cumulative total of 568ft2; iii. Patio areas measuring 815ft2; iv. Outdoor bar area to the rear; and v. Trash enclosure to the side (north). 15. Two second floor windows facing north (master bathroom & master bedroom) shall be casement windows with opaque glass. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (33% proposed) and the following setbacks from the applicable property lines: Front 20'-0" (98'-9" feet proposed) Side (N) 5'-0" (15'-3" feet proposed) Side (S) 5-0" (12'-9Y2" feet proposed) Rear 15-0" (116'-0" feet proposed) 17. The maximum overall height shall not exceed 24'-3", as measured from the point where the lowest foundation or slab meets the finished grade, to the existing ridgeline of the structure. 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. P.C. Resolution No. 2009-44 Page 6of7 18. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 19. 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. PRIOR TO THE SUBMITTAL OF PLANS INTO BUILDING AND SAFETY PLAN CHECK: 20. The applicant shall take the following actions to restore a view that is being significantly impaired by foliage on the subject property: L Trim and maintain all foliage located between the front property line and the top of the second slope in the rear yard to 16' in height, as measured from the base of the tree or to the height of the new ridgeline, whichever is lower. Once trimmed, staff will verify the work to ensure that this condition has been met. ii. No hedges over 3'-6" shall be allowed between the front property line and the closest fagade of the new residence without a separate planning approval. 21. 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. 22. 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. 23. 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. P.C. Resolution No. 2009-44 Page 7 of 7