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PC RES 1998-006P.C. RESOLUTION NO. 98-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 68 -REVISION 'D' AND GRADING PERMIT NO. 1931, THEREBY APPROVING A REQUEST FOR A 1.1 -FOOT REDUCTION IN THE NORTHERLY SIDE -YARD SETBACK REQUIREMENT, AN INCREASE IN THE 42 -INCH SIDE -YARD WALL HEIGHT LIMIT, A 2 -FOOT INCREASE IN THE MAXIMUM RIDGELINE HEIGHT AND ONE THOUSAND FIVE HUNDRED THIRTY- FIVE CUBIC YARDS (1,535 YD 3) OF GRADING FOR A NEW, 7,798 -SQUARE -FOOT, 2 -STORY SINGLE-FAMILY RESIDENCE ON A BLUFF -TOP LOT IN THE LUNADA POINTE COMMUNITY, LOCATED AT 19 MARGUERITE DRIVE. WHEREAS, on November 10, 1981, the Planning Commission adopted P C Resolution No 81-57, approving Conditional Use Permit No 68 and thereby establishing certain development standards for Tract No. 40640 (Lunada Pointe), including the project site at 19 Marguerite Drive; and, WHEREAS, on March 12, 1997, the applicants, John and Madonna Beal, submitted an application for Grading Permit No. 1931 to allow the grading of an existing bluff -top lot in Lunada Pointe community for the construction of a new, single-family residence; and, WHEREAS, on October 21, 1997, the applicants amended their application to include Conditional Use Permit No 68 -Revision 'D' in order to request a reduction in the northerly side -yard setback requirement and an increase in the side -yard wall height limit for the proposed project, and, WHEREAS, on November 20, 1997, the applications for Conditional Use Permit No. 68 -Revision 'D' and Grading Permit No 1931 were 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 Regulation, 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 Conditional Use Permit No 68 -Revision 'D' and Grading Permit No. 1931 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(a)); and, WHEREAS, after nonce issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held duly noticed public hearings on January 13 and February 10, 1998, 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 site is adequate in size and shape to accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and other features required by Title 17 "Zoning" of the Rancho Palos Verdes Development Code (RPVDC) or by conditions imposed upon Conditional Use Permit No 68 and as modified herein, to integrate this project with adjacent development in the neighborhood; and the modifications to the maximum ridgeline height, side -yard wall height and northerly side -yard setback for Lot 2 are warranted in order to accommodate the use of the property for a single-family residence Section 2: The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use because Marguerite Drive is a residential street and the development of a single-family residence on the site is consistent with this type of street. Section 3: In approving the subject use at the specific location, there would not be a significant adverse effect on adjacent property or the permitted use thereof because the increased ridgeline height, increased side -yard wall height and reduced northerly side - yard setback for Lot 2 would be consistent with the intent of Conditional Use Permit No 68 as originally approved, and, based upon a view analysis, would have no adverse impacts upon protected views from adjacent properties, or affect visual relationships with neighboring properties Section 4: The site of the proposed use is within the Urban Design Overlay Control District (OC -3) established by Chapter 17 40 (Overlay Control Districts) of Title 17 "Zoning" of the RPVDC, and, based upon a view analysis, the proposal to increase the ridgeline height, increase the side -yard wall height and reduce the northerly side -yard setback for Lot 2 is consistent with the purpose of the OC -3 district to "[p]rotect, preserve and maintain significant views of and from slope areas within the community which characterize the City's dominant landform appearance " Section 5: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17 96 2210 of the Development Code because grading outside the footprint of the structure has been minimized and the net export of material from the site has been significantly reduced by raising the building pad and placing fill material on site within the building setback area at the rear of the house P C Resolution No 98-06 Page 2 of 8 Section 6: The nature of the proposed grading minimizes disturbance to the natural contours because it minimizes grading within existing extreme slope areas of the site and proposes no modifications to the bluff edge or any other natural features of the site Section 7: The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because the vegetation on the project site has already been disturbed by the previous grading of the lot. Section 8: The proposed grading conforms with the minimum standards for finished slopes established under Sections 17.76 040(E)(8) of the RPVDC because the grading proposed in an extreme slope area qualifies for an exemption under Section 17 76 040(E)(9) of the RPVDC since all of the criteria of subsections (E)(1) through (E)(7) are satisfied, the approval is consistent with the intent of the subsection (A), the departure from the standards of subsection (E)(8) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity, and the departure from the standards of subsection (E)(8) will not be detrimental to the public safety or other property. Section 9: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17 60 060 and 17.76.040(N) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following February 10, 1998, the date of the Planning Commission's final action Section 10: 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 Conditional Use Permit No. 68-Revision'D' and Grading Permit No 1931, thereby approving a request for a 1 1 - foot reduction in the northerly side -yard setback requirement, an increase in the 42 -inch side -yard wall height limit, a 2 -foot increase in the maximum ndgeline height (228 0') and one thousand five hundred thirty-five cubic yards (1,535 yd 3) of grading for a new, 7,798 - square -foot, 2 -story single-family residence on a bluff -top lot in the Lunada Pointe community, located at 19 Marguerite Drive. 7'.C. Resolution No 98-06 Page of PASSED, APPROVED, AND ADOPTED this 10th day of February 1998, by the following vote AYES Commissioners Alberio, Cartwright, Lyon, Slayden & Vannorsdall NOES. none ABSTENTIONS' none ABSENT Chairman Clark J961 Roj s, AICP - In rim)Director of Planing, uildmg an de Enforcement, d Secretary to the Planning Commission ;Lawrence E Clark I 'Ic Chairman P C Resolution No 98-_U Page 4 of 8 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 68 -REVISION 'D'/ GRADING PERMIT NO. 1931 (19 Marguerite Drive) Prior to 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 of the approval date shall render this approval null and void 2 This approval is to allow one thousand five hundred thirty-five cubic yards (1,535 yd 3) of grading for a new, 7,798 -square -foot, 2 -story single-family residence on a vacant, bluff -top lot in the Lunada Pointe community, located at 19 Marguerite Drive. In conjunction with this approval, the provisions of Conditional Use Permit No 68 have been modified to permit the maximum ridgeline height to be increased to 228 0', the northerly side -yard setback to be reduced to fifteen feet (160"), and the side -yard wall height to be increased to exceed forty-two inches (42") as viewed from on site Any change shall require approval of a revision to Conditional Use Permit No 68 -Revision 'D' and Grading Permit No 1931 by the Planning Commission and shall require a new and separate environmental review. 3 All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS -1 district development standards of the City's Municipal Code 4 Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 5. If the project has not been commenced (i.e., grading and/or building permits obtained) within one hundred eighty (180) days of the effective date of this Resolution, or if construction has not been commenced within one hundred eighty (180) days of the issuance of grading and/or building permits, 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 Planning Commission Otherwise, a revision to these approvals must be approved prior to further development. P C. Resolution No 98-06 Page 5 of 8 6. 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 7. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans submitted to the City on January 8, 1998, entitled "Beal Residence, 19 Marguerite Drive, Rancho Palos Verdes, CA 90275", prepared by Russell E. Barto, AIA 8 The structure shall comply with the following setbacks as indicated on the grading plan. Front, 20'0" Sides 10'0" South and 160" North Rear Coastal Structure Setback Line The applicant shall provide certification of these setbacks at the time of foundation form inspection by the Building and Safety Division. 9. A total of one thousand five hundred thirty-five cubic yards (1,535 yd 3) of grading is allowed under this permit, consisting entirely of eight hundred eight -five cubic yards (885 yd 3) of cut and six hundred fifty cubic yards (650 yd 3) of fill The maximum depth of cut shall be thirteen feet (13'0") and the maximum height of fill shall be two feet (2'0") The placement of fill seaward of the proposed residence is permitted only within the 25 -foot -wide storm drain easement and coastal structure setback area, and shall not extend seaward of the coastal setback line 10. The maximum ridgeline elevation shall be 228 0' Ridge height certification shall be required prior to building permit final inspection. 11 The project shall maintain ninety percent (90%) open space coverage on the lot. 12 Side -yard retaining walls shall not exceed an individual or combined height of three feet six inches (3'6") as viewed from off-site and seven feet six inches (7'6") as viewed from on-site There shall not be more than one retaining wall per side yard. 13 The driveway shall maintain a slope of fourteen percent (14%). 14 No new slopes exceeding fifty percent (50%) may be created, except adjacent to the driveway, where slopes up to sixty-seven percent (67%) may be created. P C Resolution No 98-06 Page 6 of 15. Prior to the issuance of grading and/or building permits by the Building and Safety Division, the applicant shall obtain approval of the proposed structure, grading and site drainage by the City's geotechnical consultant In the event that the project requires significant modifications as a result of the geotechnical review, the applicant shall be required to obtain approval of a revision to this permit by the Planning Commission 16. Prior to the issuance of budding permits by the Building and Safety Division, the applicant shall submit a landscape and irrigation plan for the review and approval of the Director of Planning, Building and Code Enforcement Said landscape and irrigation plan shall incorporate water -conserving features and shall utilize drought - tolerant and native plant species, and shall also be designed to protect views and solar access for adjacent properties No landscaping or hardscaping is permitted within the coastal setback zone, and only limited landscaping and hardscaping is permitted within the coastal structure setback zone, pursuant to Chapter 17 72 of the Development Code 17 Prior to grading permit issuance by the Building and Safety Division, a plan for haul routes and staging of trucks and vehicles must be submitted to and approved by the Director of Public Works 18. The hours of grading and construction shall be limited to 7.00 AM to 7 00 PM, Monday through Saturday No grading or construction shall be permitted on Sundays or on legal holidays 19 All grading activity, including compaction, shall be conducted in accordance with the applicable requirements established by the City of Rancho Palos Verdes Building and Safety Division 20. The construction site 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, appliance or other household fixtures 21. There is no existing foliage on the subject property that impairs views from any nearby residences Therefore, none of the vegetation on the subject lot needs to be trimmed or removed prior to Building permit issuance However, this determination does not preclude or prevent a property owner from filing for a view restoration permit against the subject property at a future date P C Resolution No 98-06 Page 7 of 8 22 Condition No 3E of P.C. Resolution No 81-57 for Conditional Use Permit No 68 shall be revised as follows (additions underlined, deletions strack=out). All structures, accessory structures and other improvements shall conform to applicable district zoning standards and general development standards as established by the City's Development Code, unless approval is granted in writing by the City or unless superseded by this permit All future structures, improvements and landscaping shall be subject to review by the Director of Planning Sideyard setbacks shall conform to the City's development standards except for lots 2-9. On lots 3-9 the sideyard setback shall conform to the City's development standards if the building height is sixteen (16) feet or less; but if the height exceeds sixteen (16) feet, the combined setback shall increase by six (6) inches for every one (1) foot of building height above sixteen (16) feet On lot 2 the southern sideyard setback shall be ten (10) feet and the northern sideyard setback shall be fifteen (15) feet -if tl ie buildn ty I eIgl it is sixteei i (16) feet or less, but if tl ie 1 eight exceeds sixteei i t%) feet, the northerly setback shall ie (1) foot fur every one (1) foot building heig' it above sixteen (16) feet The front and rear yard setbacks shall conform to the approved Tentative Tract Map. Walls shall be limited to forty-two (42) inches in the sideyard setback, as viewed from off-site. The height of walls in the sideyard setback as viewed from on-site shall comply with the standards of the City's Development Code. All other conditions of approval for Conditional Use Permit No 68 remain unchanged, in effect and valid 23 The approved maximum ridge height for Lot 2, as specified on Tentative Tract Map No 40640, shall be increased from 226.0' to 228.0', and the average allowable building height (measured from the existing pad elevation of 204.0') shall increase accordingly from 22.0' to 24.0'. M \USERS\KITF\WPWIN60\PROJECTS\CUP68RD\CUP68RD RES P C Resolution No 98-06 Page 8of8