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PC RES 2010-018 P.C. RESOLUTION NO. 2010-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A GRADING PERMIT AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 3,889 SQUARE FOOT RESIDENCE, 770.3 SQUARE FOOT GUEST HOUSE, 921.4 SQUARE FOOT POOL HOUSE AND 326.3 SQUARE FOOT STUDIO; AND 2,128 CUBIC YARDS OF GRADING (PLANNING CASE NO. ZON2009-00303) AT 2822 COLT ROAD. WHEREAS, on July 31, 2009, the property owner, Mr. Bender, submitted applications for Planning Case No. ZON2009-00303 for a Grading Permit and Site Plan Review to allow a new 2-story residence to be constructed on the existing pad lot with a total of 2,128 cubic yards of grading. On August 10, 2009, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans; and, WHEREAS, on April 19, 2010, the application for Planning Case No. ZON2009-00303 was deemed complete by Staff; 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 approval of the requested Grading Permit and Site Plan Review would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(e)(2)); and, WHEREAS on May 4, 2010, in accordance with the Interpretation Procedure dictated by RPVMC Section 17.90.030, the Director issued a Zoning District Boundary Interpretation that the property owner has submitted the require geotechnical reports to demonstrate that the location of the Open Space Hazard zoning boundary line can be moved 30 feet to the south. WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on May 11, 2010, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, the Planning Commission continued the public hearing to May 25, 2010; and, NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: With respect to the Grading Permit to allow the new residence and other ancillary site improvements: A. The grading does not exceed that which is considered necessary for the permitted primary use of the lot. The underlying zoning district is single-family residential.The proposed grading (2,128 cubic yards of cut and fill) and 3 retaining walls is necessary and the best alternative to accommodate the new single-family residence, garage, accessory structure and driveway. The applicant is proposing to grade down the building pad to accommodate a two-story residence that is compatible with the neighborhood, as opposed to building a two-story residence from existing grade. The applicant is also proposing 3 retaining walls that would not be highly visible and are commonly found in the hillside residential neighborhood. B. The grading and related construction does not significantly adversely affect the visual relationships with nor the views from the viewing area of neighboring properties. The property was previously graded to accommodate the construction of a new single-family residence. A large amount of the proposed grading (748 cubic yards of cut) is proposed to lower the existing building pad of the main residence and accessory structures. A total of 650 cubic yards of fill will be returned to the west and east sides of the pool house and guest house to gradually follow the contours of the natural topography thereby minimizing any potential visual relationships or views from neighboring properties to a less than significant level as the structures would barely be visible due to the new terrain. This grading criterion is further satisfied due to the fact that the height of the proposed main structure is lower than a structure that could be built in the same location on the lot if measured from existing grade. Further, the two retaining walls would not be easily visible from surrounding neighbors and the driveway way retaining wall is commonly found within the hillside neighborhood. C. The nature of the grading minimizes disturbances tot eh natural contours and finished contours are reasonably natural. Any disturbances to the exiting contours are relatively minor and are necessary to allow for construction of a new two-story residence that does not exceed a maximum height 16'-0", as measured from the highest existing grade. Further, the lot is zoned for residential development, and can accommodate a new single-family residence and associated retaining walls. D. The grading and retaining walls would preserve the natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into natural topography. Specifically, the property was previously graded to create a building pad for the construction of a single-family residence. The proposed grading would accommodate the construction of a new two-story residence with a lower pad elevation in order to maintain the "by-right" building height of 16'-0". Further, if the applicant did not lower the grade to accommodate the new structure, the applicant could construct a structure in the P.C. Resolution No. 2010-18 Page 2 of 9 same location at the same height "by-right". In order to minimize the quantity of export, the dirt that is excavated will be returned to areas around proposed structures. E. The new single-family residence, the grading and/or related construction is compatible with the immediate neighborhood character. The new residence would meet the lot coverage, setbacks and structure heights found within the surrounding neighborhood. Further, the proposed residence is compatible with other residences in the surrounding neighborhood in terms of scale, materials and architectural style. F. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation, as there is no evidence of natural landscape or wildlife habitat on the property. G. The proposed grading conforms with the standards for grading on slopes, height of cut and fill and height of retaining walls with the exception of one additional retaining wall, beyond the code allowance, grading on an extreme slope in an Open Space Hazard Zone and the creation of a slope that exceeds 35%. Per Municipal Code Section 17.76.040(E)(10), the Planning Commission hereby grants a grading permit for development in excess of that permissible under subjection 17.76.040(E)(9) upon the following finidings: a. The first eight criterion in subsection (E)(1)through (E)(8) of Municipal Code Section 17.76.040 have been met. b. The grading request 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 that 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 policies of the General Plan." Approving the deviations to the grading standards allows the applicant to construct an additional retaining walls that would support a driveway extension and small garden where a freestanding wall could be constructed by right. Allowing the applicant to grade on the extreme slopes provides the necessary driveway extension as well as returning the excavated dirt to other portions of the property to match the existing terrain and then gradually lessen the slope percentage as the fill moves toward the additions. c. Approval of the grading will not constitute a special privilege with the limitations upon other properties in the vicinity. The surrounding neighborhood is inundated with hillside properties that grade to utilize retaining walls or provide transitional slopes between properties. Further, grading on extreme slopes is common in the immediate neighborhood for the P.C. Resolution No. 2010-18 Page 3 of 9 creation of driveways and the proposed grading will not constitutes a special privilege. d. Departures from the grading standards will not be detrimental to the public safety, nor to other property as the City's geotechnical consultant has reviewed and approved a soil engineering report for the grading and retaining wall. 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. Section 2: With respect to the Site Plan Review with Neighborhood Compatibility to allow the new residence and other ancillary site improvements; the proposed project meets all of the code requirement with respect to building height, lot coverage and setbacks and is designed to be compatible with the surrounding neighborhood. More specifically, the residence will not be larger than the largest home in the neighborhood and will be proportional, in terms of scale, to the neighboring residences, therefore keeping with the original character, style and setting of the neighborhood. The design minimizes the appearance of the residence as seen from neighboring properties by lowering the pad elevation and grading (fill) around the accessory structures to allow the hillside to encompass the side facades of said structures. The orientation, configuration and scale of the main new residence would be in-line with the other residences in the neighborhood and the modern design materials would be compatible with straight lines varying materials that can be found throughout the immediate area. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days following May 25, 2010, the date of the Planning Commission's final action. Section 4: 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 conditionally approves a Grading Permit and Site Plan Review(Planning Case No. ZON2009-00303)for the construction of a new 3,889 square foot two-story residence, 770.3 square foot guest house, 921.4 square foot pool house, 326.3 square foot studio, and 2,128 cubic yards of grading, located at 2822 Colt Road, subject to the conditions of approval in the attached Exhibit 'A'. PASSED, APPROVED, AND ADOPTED this 25th day of May 2010, by the following vote: AYES: Commissioners Knight, Leon, Lewis and Chairman Gerstner NOES: None P.C. Resolution No. 2010-18 Page 4 of 9 ABSTENTIONS: Commissioner Emenhiser ABSENT: Commissioners Tetreault and Vice Chairman Tomblin Bill Gerstner Chairman Joel oja , AICP Com uni y Devel ment Director P.C. Resolution No. 2010-i8 Page 5 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2009-00303 (Binder, 2822 Colt Road) 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 listed below. 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 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. 5. 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. 6. 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 the Notice of Decision, 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. 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. P.C. Resolution No. 2010-18 Page 6 of 9 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 the Notice of Decision. 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. 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. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (34.56% proposed) and the following setbacks from the applicable property lines: Front 20 feet (24'-0"proposed) Side (west) 5 feet (23'-0"proposed) Side (east) 5 feet (36'-0"proposed Rear 20 feet (29'-0"proposed) 12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 13. A minimum 2-car garage shall be provided, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance. The project includes the construction of a 3-car garage. 14. 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. 15. All landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. P.C. Resolution No. 2010-18 Page 7 of 9 16. 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. 17. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 18. This approval is for the construction of a 3,889 square foot 2-story residence, 770.3 square foot guest house, 921.4 square foot pool house and 326.3 square foot studio. The overall square footage of the residence, garage and accessory structures would be 5,907. BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BOLDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL. 19. The new residence shall maintain a maximum height of 20'-0", as measured from the lowest finished grade adjacent to the building foundation/slab (elev. 1265) to the highest ridgeline of the residence (elev. 1465). 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. 20. The property owner shall remove all existing trees on the building pad of the existing lot prior to final on the Building Permit. Grading Permit Conditions 21. One (1) 5-0" tall downslope retaining wall is permitted adjacent to the proposed driveway, per the stamped, approved plans. 22. One (1) upslope retaining walls are permitted adjacent to the proposed guest house ranging in height from V-0" to 8'-0". 23. One (1) upslope retaining wall ranging in height from 2'-0" to 5'-0" is permitted to accommodate a small garden between the proposed studio and main residence. 24. The grading shall not exceed a total of 2,128 cubic yards of dirt. Specifically, the grading shall follow the cut and fill quantities listed below: Excavation and Fill P.C. Resolution No. 2010-18 Page 8 of 9 a) 748 cubic yards of excavation beneath the proposed structures b) 530 cubic yards of excavation outside of the proposed structures c) 200 cubic yards of fill beneath the proposed structures d) 650 cubic yards of fill outside of the proposed structures 25. Other than the required spark arrestors, there shall not be any decorative/architectural features on the tops of the chimneys. Since a spark arrestor is required for every chimney, the spark arrestor shall be considered part of the chimney. Therefore, The proposed chimneys shall not be any higher than the minimum height required by the Uniform Building Code. 26. The spark arrestors on the chimneys shall be the shortest spark arrestor required by the manufacturers specifications for the type of fireplace installed. 27. The applicant shall record a covenant against the title of the property stating that the accessory structures will not be utilized or rented as a second dwelling unit without obtaining the appropriate Planning Entitlements and Building Permits. The covenant shall state that the applicant will promise, covenant and agree that cooking facilities such as a stove, oven, range, or any other built-in appliances related to food preparation will not be installed without review by the Community Development Department. P.C. Resolution No. 2010-18 Page 9 of 9