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PC RES 2011-023 P.C. RESOLUTION NO. 2011-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION, GRADING PERMIT, VARIANCE AND REVISION TO GRADING PERMIT NO. 1844 (CASE NO. ZON2010-00458) TO 1) CONSTRUCT A 26' TALL, 5,472FT2 SPLIT-STORY RESIDENCE WITH A REDUCED FRONT YARD SETBACK OF 14'; 2) CONDUCT 2,985YD3 OF GRADING (13YD3 ON 5901 CLINT PLACE); 3) CONSTRUCT RETAINING WALLS MEASURING UP TO 14'-6" IN HEIGHT; AND 4) INSTALL A DRIVEWAY WITH 20% SLOPE AT A VACANT PROPERTY LOCATED AT 5903 CLINT PLACE. WHEREAS, on November 26, 1996, the Planning Commission approved a subdivision (Parcel Map No. 24297), creating two separate parcels: 5901 and 5903 Clint Place. More specifically, 5901 Clint Place was split into two separate lots, creating 5903 Clint Place (subject property). A grading permit was also approved to permit 340yd3 of grading to create a larger building pad and a driveway access on the subject property. A 7' tall retaining wall was also approved along the side property line, directly adjacent to the proposed driveway; and, WHEREAS, as a result of the Parcel Map No. 24297, 5903 Clint Place was created meeting the Development Code's required minimum lot size (8,OOOft2), lot width (65), lot depth (100'), and building pad area (3,000ft2). It was determined that the subject lot was physically suitable for the type and density of development allowed in an RS-5 zoning district. The pre- existing slope easement on the downslope portion of the lot, intended for the potential expansion of Mossbank Drive, was relocated so that future development on the site will not conflict with the easement; and WHEREAS, on August 10, 2010, the Planning Commission denied a request (Case No. ZON2009-00400) to construct a new 7,686ft2 residence with 4,650yd3 of grading 5903 Clint Place based on concerns related to the proposed structure size, bulk/mass, quantity of grading, and construction over extreme slopes; and, WHEREAS, on January 18, 2011, the applicant submitted a new application (ZON2010- 00458), requesting to construct a new 5,472ft2 residence with 2,983yd3 of grading at 5903 Clint Place; and, WHEREAS, on February 15, 2011, the project was deemed incomplete based on insufficient information; and, WHEREAS, on May 16, 2011, the project was deemed complete after receiving additional information; 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 Case No. ZON2010-00458 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, P.C. Resolution No. 2011-23 Page 1 WHEREAS, a public notice was mailed to all property owners within a 500' radius from the subject property and published in the Palos Verdes Peninsula News on May 19, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, the Planning Commission held a duly noticed public hearing on June 28, 2011, 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: The proposed project is a request to 1) construct a 26' tall, 5,472ft2 Split_ story residence (including garage) with 2,9853 of grading; 2) construct an upsloping retaining wall up to 14'-6" in height along the south property line; 3) construct several retaining walls measuring up to 12'-7" in height to accommodate stairways, yard space and pool area in the east side yard; 4) reduce the required front yard setback of 20' to 14'; and 5) revise the approved Grading Permit No. 1844 to allow for a driveway gradient in excess of 16.7% on a vacant lot located at 5903 Clint Place. Additionally, a retaining wall measuring up to 11.5' in height on the access easement located on the abutting property (5901 Clint Place) is requested to accommodate a new driveway. Section 2: Approval of a Variance to allow a reduced front yard setback of 14' when the Code requires a minimum of 20' is warranted because: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. More specifically, the subject property contains a slope easement which makes up approximately 3/ of the property. The remaining °% of the lot contains a building pad, some extreme slope areas that are not suitable for development and a smaller flat area large enough to accommodate an accessory structure. The existing development limitations on the subject property leave a relatively small building pad area. The topographic conditions and development restrictions on the subject property are an exceptional and extraordinary circumstance that does not apply to most properties in the same zoning district. B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. More specifically, two of the twenty closest homes (5888 Mossbank and 5901 Waukesha Place) were granted approvals for reduced setbacks on their property based on difficulties developing the lot due to the inadequate size of the building pad and access to their garage. The topographical conditions and development restrictions for the subject property is very similar to 5888 Mossbank property and therefore a reduced front yard setback is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners, who are under like conditions in the same zoning district and neighborhood. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. More specifically, the subject lot is a flag lot and is not readily accessible to the P.C. Resolution No. 2011-23 Page 2 public. Additionally, the proposed setback reduction will not be readily visible as it is located approximately 15' below the street level. D. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. More specifically, the proposed project is consistent with the Urban Environmental Policies by constructing an additional residential dwelling unit on a vacant lot, thereby retaining the present predominance of single-family residences found throughout the community (Policy No. 1); including various energy conservation methods in the housing design (Policy No. 12); and lowering the finished grade, thereby ensuring views reasonably expected by neighboring residents (Policy No. 14). Section 3: Approval of a Major Grading Permit to allow 2,985yd3 (2,972yd3 at 5903 Clint Place & 13yd3 at 5901 Clint Place) of earth movement is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the subject lot is residential as identified in the City's General Plan and Zoning map. More specifically, a total of 2,983yd3 of grading is proposed to lower the building pad area to accommodate a new split-level residence on the subject lot and a driveway over an easement located on the abutting property at 5901 Clint Place. B. 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 project involves approximately 2,116yd3 (including driveway) of excavation to lower the finished grade by approximately 15'. This results in a new residence which is only 5' above the preconstruction grade at the highest elevation of the existing building pad area covered by the structure to the ridgeline. If the applicant were to construct the proposed 26' tall residence on existing grade, all areas over 16' in height will significantly impair the ocean view from the abutting property (5901 Clint Place) and from several residential properties located along Woodbrook Road. Therefore, lowering the building pad elevation to accommodate the new residence eliminates view impacts while allowing the applicant to construct a two-story residence. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the proposed grading minimizes disturbance of the lot by altering only the southerly % portion while the remaining 3/ of the lot will remain untouched. The request only involves grading in areas necessary to accommodate the new residence, driveway and access to the new pool area. D. 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 preserves natural topographic features of the site by altering only % of the lot, while the remaining 3/will be unaltered and left in its original condition. E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character. More specifically, the P.C. Resolution No. 2011-23 Page 3 proposed structure size will not significantly alter the neighborhood character because the new home will be located approximately 15' below street level and will be hidden from the neighboring properties. Additionally, the proposed lot coverage will be smaller than most neighboring properties because the size of the subject lot is more than double the average sized lot while the buildable area is relatively small. Furthermore, the proposed fagade treatments, architectural style, structure height, roof design, number of stories, building materials and bulk/mass of the new residence blends in with the neighborhood character. The setbacks are consistent with neighboring properties, including the reduced front yard setback, as described in Section 2. F. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because none is found on the subject property. G. The grading does not conform to standards detailed under 17.76.040(E)(9) for grading on slopes and heights of retaining walls. However, the proposed grading in excess of that permissible under 17.76.040(9) is warranted because: L The criteria of subsections 17.76.040(E)(1) through (E)(8) are satisfied; ii. The approval is consistent with the purposes of the Grading Permit. The purpose of the Grading Permit is to 1) permit reasonable development of land and minimizing fire hazards; 2) ensure the maximum preservation of the natural scenic character of the area consistent with reasonable economic use of such property; 3) ensure that the development of each parcel of land occurs in a manner harmonious with adjacent lands; and 4) ensure that each project complies with all goals and policies of the general plan, specific plan and any amendments. More specifically, the proposed retaining walls in excess of the Code allowed height provide access to the subject property and allows for reasonable development of the property by accommodating a new residence at a lower elevation, thereby eliminating potential view impacts to neighboring properties. The proposed grading alters % of the property while the remaining % of the lot will remain untouched, ensuring maximum preservation of the natural character of the property after reasonable development. Furthermore, the proposed development does not alter the existing neighborhood character and is designed in a harmonious manner with neighboring properties, as evidenced in Section 3(E). Lastly, the proposed project is consistent with the policies in the General Plan as evidenced in Section 2(D). iii. Departure from the standards in subsection 17.76.040(E)(9) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. More specifically, the reason for constructing retaining walls in excess of Code allowed height limits is solely to provide access to the subject property and develop a single-family residence without causing view impacts to neighboring properties. The remaining 3/4 of the lot will remain untouched. Additionally, there are other properties in close proximity, such as 5888 Mossbank that were allowed similar deviations that were necessary for the development of the lot. P.C. Resolution No. 2011-23 Page 4 iv. Departure from the standards of subsection 17.76.040(E)(9) will not be detrimental to the public safety nor to other property. More specifically, the proposed retaining walls in excess of the Code allowed height limitations are solely for access and development to the subject property. Additionally, these improvements cannot be readily seen or accessed by individuals other than the applicant. Furthermore, prior to construction, the applicant will be required to submit his plans to the Fire Department, Building & Safety Division and the City Geologist for review and approval to ensure no adverse safety impacts will occur. Section 4: A Height Variation to allow the proposed residence measuring up to 26' in height is warranted because: A. The applicant has complied with the early neighbor consultation process established by the city by providing signatures from 70% of the total number of landowners within 100' radius and 25% of the total number of landowners within a 500' radius of the subject property. B. The proposed new 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 since there are none in close proximity. C. The proposed new structure is not located on a ridge or promontory, as defined in the Development Code. D. 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, by lowering the building pad elevation, the applicant is able to construct a two-story residence that is only 5' above the preconstruction (existing) grade at the highest elevation. Given that no portions of the proposed residence exceed 16' in height, there is no view impairment caused by the proposed project. E. There is no significant cumulative view impairment caused by granting the application since there is no view impairment caused by the proposed project. F. The proposed structure complies with all other code requirements, including setbacks as evidenced in Section No. 2. G. The proposed structure is compatible with the immediate neighborhood character a evidenced in Section 3(E). H. The new construction that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences, because no part of the proposed residence is above 16' in height, as measured from existing grade at the highest point. P.C. Resolution No. 2011-23 Page 5 Section 5: The revision to Grading Permit No. 1844 (P.C. Resolution No. 96-41) to increase the driveway slope from a maximum of 16.7% to 20% can be warranted because the current Code allows for driveways up to 20% slope. Section 6: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, 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, July 13, 2011. A $2,275.00 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 July 13, 2011. Section 7: 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, with conditions, Case No. ZON2011-00458, for a request to construct a new 26' tall, 5,472ft2 split-story residence with 2,985yd3 of related grading to a vacant lot located at 5903 Clint Place. PASSED, APPROVED AND ADOPTED this 28th day of June 2011, by the following vote: AYES: Cdvitissioners Emenhiser, Gerstner, Leon, Lewis_, Tetreault, Chairman Tomblin NOES: Commissioner: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Knight David L. Tomblin Chairman Joel Roj s, AICP Comm it Developmet erector and ry f Secret the Plannin Commission P.C. Resolution No. 2011-23 Page 6 EXHIBIT `A' CONDITIONS OF APPROVAL CASE NO. ZON2010-00458 5903 CLINT PLACE 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 conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 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 Community Development Director 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 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. 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 Community Development Department 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 substantial conformance with the plans stamped APPROVED by the City with the effective P.C. Resolution No. 2011-23 Page 7 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. 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. Proiect Specific Conditions: 14. This approval is contingent upon City Council's approval of a license agreement, allowing the applicant to grade within the City's slope easement. The maximum grading area shall not exceed the 1072 elevation, as shown on the plans prepared on June 14, 2011. No structures (primary or accessory) shall be allowed in the slope easement except landscaping and a perimeter or safety fence, as required by the Building and Safety Division. 15. This approval is for a 4,872ft2 (2,425ft2 upper level & 2,447ft2 lower level), split-story single-family residence, with a 600ft2 two-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 16. This approval is for a total of 2,970yd3 of grading (2,116yd3 of cut and 856yd3 of fill) on 5903 Clint Place and 13yd3 of cut on 5901 Clint Place. The approval also includes the following retaining walls: ■ Driveway retaining wall measuring up to 11.5' in height on 5901 Clint Place; ■ Upsloping retaining wall measuring up to 14'-6" in height along the southerly property line; and, ■ Multiple retaining walls measuring up to 12'-7" in height to accommodate stairways and access to pool area in the east side yard. P.C. Resolution No. 2011-23 Page 8 17. The maximum ridgeline of the approved project is 26'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the Finished Floor Elevation at 1074.08'. 18. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 52% lot coverage (22% proposed). 19. The approved residence, swimming pool and other accessory structures shall maintain setbacks of 14' front (S), 85' rear (N), 5' west side and 68' east side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 20. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 21. A minimum 2-car garage shall be provided and maintained in a garage, and a minimum of two unenclosed parking spaces shall be provided and maintained as a driveway. 22. 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. P.C. Resolution No. 2011-23 Page 9