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PC RES 1998-034A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 857 AND GRADING PERMIT NO. 2010, THEREBY APPROVING A NEW, 24.5 -FOOT -TALL, 7,735 - SQUARE -FOOT, 2 -STORY SINGLE-FAMILY RESIDENCE ON A VACANT UPSLOPE LOT AND NINE HUNDRED FIFTY CUBIC YARDS (950 YD 3) OF RELATED GRADING, LOCATED AT 6375 PALOS VERDES DRIVE SOUTH WHEREAS, on February 20 and May 13, 1998, the applicants, Emmanuel and Olukemi Dura, submitted applications for Height Variation No. 857, Variance No 432 and Grading Permit No 2010 to allow the construction of a new, single-family residence on an existing upslope lot on Palos Verdes Drive South, and, WHEREAS, on July 29, 1998, the applications for Height Variation No 857, Variance No 432 and Grading Permit No 2010 were deemed complete by Staff, and, WHEREAS, based upon discussions between Staff and the applicants, the project was subsequently revised to eliminate the need for Variance No. 432, 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 of seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Height Variation No 857 and Grading Permit No. 2010 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303(x)); and, 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 September 8, September 22 and October 13, 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 Planning Commission hereby makes the following findings of fact with respect to the application for Height Variation No 857 for a new, 24 5 -foot -tall, 7,735 - square -foot, 2 -story single-family residence on a vacant upslope lot The applicant has complied with the Early Neighbor Consultation process established by the City because documentation has been provided which shows that plans of the proposed addition were provided to surrounding neighbors in compliance with the provisions of RPVDC Section 17 02 040(C)(1)(b) 2. The structure does not significantly impair a view from public property which has been identified in the City's General Plan or Coastal Specific Plan as a City - designated viewing area because there are no City -designated public viewing areas upslope from the subject property which would be affected by the proposed project, and the subject property is not located within the Coastal Specific Plan area 3 The proposed structure is not located on a ridge or promontory because the configuration of the site does not meet the definition of these terms, as specified in the Rancho Palos Verdes Development Code. 4 The proposed structure, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel because Staff conducted view analyses of the proposed residence from numerous residences and properties surrounding the subject property (6317, 6323, 6325, 6327, 6329, 6331, 6341, 6343, 6347, 6353 and 6359 Tarragon Road), Staff determined that, in all instances where the proposed residence was visible from another residence or property, views (if any) of the distant ocean horizon, off -shore islands or near -shore whitewater and surf would be obstructed by a 16 -foot -tall structure on the subject property; and, since any view below the 16 -foot level is not considered a protected view under the provisions of the City's Development Code, none of the residences or properties inspected have protected views which are significantly impaired by the proposed residence. 5 There is no significant cumulative view impairment caused by granting the application because cumulative view impairment is determined by considering the degree of view impairment caused by the proposed project and the degree of view impairment that would be caused by similar development on other parcels, the most likely site for similar development is the Manahan property at 6359 Tarragon Road (the lot at the end of Tarragon Road), and the development of this lot will probably be constricted by the drainage course which runs through it so that any future residence would be placed more to the rear of the site than the proposed Duro residence and would, therefore, have less potential for view impairment for residences on Tarragon Road; Staffs view analysis determined that the proposed development of 6375 Palos Verdes Drive South does not significantly impair protected views, and the Duro and Manahan properties are the only remaining undeveloped lots in the area and are the only properties likely to have any potential to significantly impair views from the other homes on Tarragon Road. P C. Resolution No 98-34 Page 2 of 10 6 The structure is designed and situated in such a manner as to minimize impairment of a view because the proposed residence complies with the required setbacks for the lot; the structure incorporates varied roof planes and ridges which provide for enhanced views for those properties and viewing areas above, the taller portions of the house are located at the center and rear portions of the house, with the lower, single -story portions closer to the street; and a 29 -foot side -yard setback abutting 6359 Tarragon Road is provided to preserve a wider view corridor from this abutting property 7 The proposed structure complies with all other Code requirements because it complies with the development standards of the RS -2 district and all other applicable provisions of the Rancho Palos Verdes Development Code 8 The proposed structure is compatible with the immediate neighborhood character because, although it is physically separated from and shares no vehicular access with either the Upper Abalone Cove or Peninsula Pointe communities, it is similar in height to the existing and approved residences in Peninsula Pointe and to some of the larger, multi-level homes on Tarragon Road; the intensity of the development of the subject property --reflected by the ratio of living area to lot size --is almost exactly the average of the slightly lower intensity of Upper Abalone Cove and the slightly higher intensity of Peninsula Pointe; the style of the proposed residence is consistent with the Mediterranean architecture of the Peninsula Pointe homes, and the bulk and mass of the house are masked by being set down into the slope of the lot and by the deep articulation of the south and east facades, which are most visible from public rights-of-way and surrounding private property 9 The proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences because it will be located at least twenty-nine feet four inches (29'4") from the easterly side property line of the site and approximately two hundred feet (200'0") from the closest portion of the nearest house at 6350 Tarragon Road; most of the view windows and viewing areas for the proposed residence are oriented toward the south and southwest rather than to the east towards the residence at 6350 Tarragon Road; and there is also existing foliage along the westerly side property line of 6350 Tarragon Road which creates additional privacy for both properties Section 2: The Planning Commission hereby makes the following findings of fact with respect to the application for Grading Permit No 2010 for nine hundred fifty cubic yards (950 yds) of grading related to the construction of the proposed residence 1 The 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 P C Resolution No 98-34 Page 3 of 10 almost all of the nine hundred fifty cubic yards (950 yd 3) of grading proposed is underneath and within the footprint of the proposed residence; the majority of the grading occurring outside the building footprint is for the driveway and the entry stairways, there will only be approximately fifty cubic yards (50 yd 3) of export from the site, the existing extreme slope along the front property line will not be modified or encroached upon, with the exception of the new driveway which will not exceed the maximum 20 -percent grade permitted 2 The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the proposed grading allows the house to be set down into the site, which camouflages some of its bulk and mass and reduces the degree to which the proposed house will project above the existing grade, and the height of the proposed residence does not significantly impair protected views from surrounding residences and properties. 3. The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural because relatively little grading will occur outside of the building footprint and new slopes will not exceed 2.1, and the new driveway has been positioned along the easterly edge of the site so as to minimize its encroachment into the extreme slope area at the front property line 4. The grading conforms with the minimum standards for finished slope, depth of cut and/or fill, retaining wall location and height, and driveway slope established under Section 17.76.040(E)(8) of the Development Code, with the exception of the grading of the extreme slope along the front property line, and, pursuant to RPVDC Section 17 76 040(E)(9), an exception to these standards is warranted because the grading of the extreme slope area is consistent with the purpose of the City's grading regulations in ensuring that the development of each parcel of land occurs in harmony with adjacent properties, the grading of the extreme slope area does not constitute a granting of special privileges because it is the only way to provide vehicular access to the site from Palos Verdes Drive South, and the grading of the extreme slope area will only be permitted contingent upon the approval of the City's geotechnical consultant and the Building Official 5. The required finding that the grading takes into account the preservation of natural topographic features and appearances by means of land sculpting so as to blend any man-made or manufactured slope into the natural topography is not applicable because there are no significant natural topographic features on the subject property. 6. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from P C Resolution No 98-34 Page 4 of 10 soil erosion and slippage, and minimize visual effects of grading and construction on hillside areas is not applicable because the proposed project is not a new residential tract. 7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside because the proposed project involves minor modifications and grading within the right-of-way of Palos Verdes Drive South for the new driveway; the proposed driveway will be located at the lowest corner of the lot so as to minimize the amount of grading required; and surrounding slopes will be graded to achieve a natural appearance without the use of large retaining walls 8 The required finding that the grading would not cause excessive and unnecessary disturbance of natural landscape or wildlife habitat through removal of vegetation is not applicable because the proposed project disturbs less than thirty percent (30%) of the lot and there is no natural landscape or wildlife habitat present on the subject property 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)0) and 17 76 040(E)(9)(e) 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 October 13, 1998, 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 approves Height Variation No 857 and Grading Permit No 2010, thereby approving a new, 24 5 -foot -tall, 7,735 -square -foot, 2 -story single-family residence on a vacant upslope lot and nine hundred fifty cubic yards (950 yd') of related grading, located at 6375 Palos Verdes Drive South, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area P C Resolution No 98-34 Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 13th day of October 1998, by the following vote AYES- Chairman Clark, Vice Chairman Cartwright, Commissioners Alberto, Lyon and Slayden NOES Commissioner Paris ABSTENTIONS: none ABSENT Commissioner Vannorsdall Lawrence E. Clark Chairman r Joel Rojas, AICD DZCode for of Planning, Building Enforcement, and, Secretary to the Planning Commission P C Resolution No 98-34 Page 6 of 10 EXHIBIT'A' CONDITIONS OF APPROVAL FOR HEIGHT VARIATION NO. 857/GRADING PERMIT NO. 2010 (6375 Palos Verdes Drive South) 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 date of this approval shall render this approval null and void. 2 This approval is for a 7,735 -square -foot, 2 -story single-family residence to be constructed at 6375 Palos Verdes Drive South. The maximum height of the residence shall be twenty-four feet six inches (24'6") above the highest pant of the existing grade to be covered by the structure, and twenty-seven feet two -and -five- eighths inches (2775/8") above the lowest point of the finished grade to be covered by the structure. The maximum ridgeline elevation of the residence shall be 153.5'. Nine hundred fifty cubic yards (950 yd 3) of grading are permitted by this approval, consisting of five hundred cubic yards (500 yd 3) of cut and four hundred fifty cubic yards (450 yd 3) of fill. Any substantive change to the protect shall require approval of a revision to Height Variation No 857 and/or Grading Permit No 2010 by the Planning Commission and shall require new and separate environmental review. 3. All protect development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS -2 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 protect by the Planning Commission after conducting a public hearing on the matter. 5. If the protect has not been established (i.e., building permits obtained) within one hundred eighty (180) days of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of 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 Director Otherwise, a height variation, variance and grading permit revision must be approved prior to further development. P C Resolution No. 98-34 Page 7 of 10 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 revised plans submitted to the City on October 6, 1998, entitled "Custom Residence, 6375 Palos Verdes Drive 'S', Rancho Palos Verdes," prepared by David York of York Custom Home Designs and dated October 5, 1998 8 The project shall comply with all conditions of approval and easements established for the site pursuant to Certificate of Compliance No 222, which are incorporated herein by this reference 9 The structure shall comply with the following setbacks Front: 30'0" Sides 29'4" East and 12'0" West Rear- ±145'0" The applicant shall provide certification of the front and side setbacks at the time of foundation form inspection by the Building and Safety Division. 10 The maximum height of the residence shall not exceed 24 5' (as measured from the highest point of the existing grade to be covered by the structure (129 0')) and 27 2' (as measured from the finished grade adjacent to the lowest foundation (126 3')) to the highest point of the structure, including roofing materials The maximum ridgeline elevation shall be 153 5' Ridge height certification shall be required prior to building permit final inspection. 11 The maximum structure size permitted by this approval is 7,735 square feet, including the 3 -car garage Structure size certification shall be required prior to building permit final inspection. 12 Notwithstanding the plans described under Condition No 7 above, the proposed swimming pool, spa and equipment require separate site plan review approval by the Director of Planning, Building and Code Enforcement. 13 The project shall maintain a minimum of 60% open -space coverage (72 6% open - space coverage is proposed) 14 The grading approved by this permit consists of five hundred cubic yards (500 yd') of cut and four hundred fifty cubic yards (450 yd 3) of fill The maximum upslope retaining wall height permitted is eight feet (60") P C Resolution No 98-34 Page 8 of 10 15 The project shall provide a 3 -car garage with minimum interior dimensions of 27'0" wide and 20'0" deep The maximum driveway slope permitted is twenty percent (20%). 16 Prior to the issuance of building permits by the Building and Safety Division, the applicant shall obtain final approval of the project by the City's geotechnical consultant 17 Prior to the issuance of building 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 The installation of all landscape materials shall be completed within ninety (90) days after building permit final inspection or issuance of a certificate of occupancy The applicant shall be responsible for maintaining all landscaping in a manner that does not significantly impair protected views from another property, as defined in Section 17 02 040 of the Development Code 18. The applicant shall submit plans for all proposed improvements within the public right-of-way of Palos Verdes Drive South for the review and approval of the Director of Public Works All curb, gutter and drive aprons shall conform to City standards 19. The applicant shall ensure that at least fifty percent (50%) of the 20 -foot front -yard setback area is maintained as landscaped area. No structures within the 20 -foot front -yard setback area may exceed forty-two inches (42") in height. 20. The applicant shall not place any buildings, structures, large shrubs or trees within the City's 12 -foot -wide access easement in a manner which obstructs or prohibits vehicular access over the easement Prior to the installation of any gate across the driveway, the applicant shall obtain the approval of any agency or department affected by the easement, including but not limited to the City's Public Works Department, the Los Angeles County Fire Department and the Los Angeles County Sheriffs Department. The applicant shall also provide the City with the access code or lock combination, as well as an emergency contact telephone number. 21. 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 P C Resolution No 98-34 Page 9 of 10 22 The hours of grading and/or construction shall be limited to 7 00 AM to 7 00 PM, Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays 23. 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 24 Prior to building permit issuance by the Building and Safety Division, the applicant shall submit a "hold harmless" agreement satisfactory to the City Attorney, promising to defend, indemnify, and hold the City harmless from any claims or damages with respect to future drainage and/or flooding impacts or damage to the subject property and any improvements erected thereon M \USERS\KITF\WPWIN60\PROJECTS\HV857\HV857 RES P C. Resolution No 98-34 Page 10 of 10