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PC RES 1998-038P.C. RESOLUTION NO. 98-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 439 FOR THE CONSTRUCTION OF A NEW 5,647 SQUARE FOOT SINGLE-FAMILY RESIDENCE WHICH EXCEEDS THE MAXIMUM STRUCTURE SIZE FOR THE PROPERTY; AND APPROVING GRADING PERMIT NO. 2063 FOR 125 CUBIC YARDS OF GRADING FOR THE PROPOSED NEW RESIDENTIAL STRUCTURE, FOR PROPERTY LOCATED AT 6790 CREST ROAD. WHEREAS, on October 1, 1998, the applicant, David Olin, representing property owners Vilma and Hector Beranek, submitted applications for Variance No 439 and Grading Permit No 2063 requesting approval for the construction of a new 5,647 square foot split-level single-family residence on a downward -sloping lot The variance was a requests approval to exceed the maximum 4,280 -square foot structure size for the property, and a total of 125 cubic yards.,of grading is proposed, and, WHEREAS, on October 7, 1998, the applications for Variance No 439 and Grading Permit No 2063 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 Variance No. 439 and Grading Permit No 2063 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15270) since the project involves demolition of an existing residence and the construction of a new single-family residential structure, 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 October 27, 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 project site is subject to exceptional or extraordinary circumstances or conditions which do not apply generally to other properties in the RS -3 zoning district, and the project site is different from other properties in the neighborhood in a material way that would warrant a variance to exceed the maximum structure size for the property, in that the property was originally developed with a smaller residential structure than all other residences in the neighborhood, thus presenting an exceptional circumstance for the subject property as the original structure size dictates the maximum allowable structure size Section 2: The project site was originally developed with a single family residence and accessory uses which is the primary use in the RS -3 zone, and therefore the property owner currently enjoys exercise of the same substantial property right as other property owners in the neighborhood and zoning district. However, the original structure was substantially smaller than other residences in the neighborhood, which, in accordance with the established criteria in the City's Development Code for maximum structure size, would result in a residential structure that is smaller than the other residences in the neighborhood. Therefore, the requested variance is necessary to allow the property owner to exercise substantial property rights possessed by other owners under like conditions in the same zoning district. Section 3: The variance will not be detrimental to the public welfare or injurious to property and improvements in the area in which the property is located The subject property will not be architecturally out of character with the neighborhood, and will be developed with a split-level home that is consistent with other split-level homes in the neighborhood, and which is designed appropriately for the topography of the site Section 4: The variance will not be contrary to the goals of the General Plan since, although the proposed new residential structure will be larger than other homes in the neighborhood, the extra square footage will not be visible from the public right-of-way since the front facade will be compatible with the neighborhood, thus the character of the neighborhood will be maintained Section 5: The proposed grading is not excessive for the site since the grading will ensure that the structure contains the required 8 foot step in the building footprint, and is evenly distributed under the building footprint and outside the building footprint. Section 6: The grading and the related construction does not significantly affect the visual relationships with, nor the views from, neighboring properties, since the structure would be constructed within the allowable 16'/30' building height envelope for lots sloping down from the street of access, and the adjacent properties' views are not situated in the direction of the subject property Section 7: The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural since the grading will largely be isolated to the building footprint and the areas adjacent to the structure, with the remaining property left in its natural topographic condition P C Resolution No 98-38 Page 2 of 4 0 • Section 8: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.76 040(H) 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 27, 1998, the date of the Planning Commission's final action Section 9: 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 Variance No 439 for the construction of a new 5,647 square foot split-level single-family residence that exceeds the 4,280 square foot maximum structure size for the property; and approves Grading Permit No 2063 for the 125 cubic yards of grading associated with Variance No 439, 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. Page 3of4 PASSED, APPROVED, AND ADOPTED this 10th day of November 1998, by the following vote AYES Cartwright, Clark, Lyon, Paris, Slayden NOES Al beri o, vanorsdal l ABSTENTIONS None ABSENT None Joel Rpjas, AICD irect r of Plann g, uilding and Ncla/Enforcement; and, Secretary to the Planning Commission A:\VAR439\RESO WPD --�' .F Lawrence E. Clark Planning Commission Chairman P C Resolution No 98-38 Page 4 of 4 EXHIBIT'A' CONDITIONS OF APPROVAL VARIANCE NO. 439 8 GRADING PERMIT NO. 2063 Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2 The approval shall becomes null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process 3 The following minimum setbacks shall be maintained Front yard 20'-0" minimum (proposed- 20'-0") Side yard 5'-0" minimum each side (proposed 8'-6" east, 10'-0" west) Rear yard 15'-0" minimum 4. The maximum height of the structure shall not exceed 16 -feet, or a ridge elevation of 117 75, as measured from average benchmark elevation of the front setback line or 101 75 feet. Further, the maximum downslope height of the structure shall not exceed 30 feet, as measured from the point where lowest foundation meets finished grade to the highest ridgeline of the structure RIDGE HEIGHT CERTIFICATION REQUIRED 5. The proposed structure size of the residence (sum of residence and garage area) under this approval shall not exceed 5,647 square feet Any additional floor space or enclosures shall require a revision to Variance No 439 and Grading Permit No. 2063. 6 Approval is for a maximum of 125 cubic yards of grading with a maximum depth of cut of 4'-6" and a maximum depth of fill of 2 feet. Specifically, 115 cubic yards of cut, of which 55 cubic yards is under the building footprint and 60 cubic yards is outside the building footprint, and 10 cubic yards of fill, all of which will be located outside the building footprint A total of 115 cubic yards of export shall be permitted 7. A dump deposit receipt shall be submitted to the Building and Safety Division for the exported earth materials prior to final inspection of the project II. 9 0 8 Prior to issuance of Grading Permits, the landowner shall submit a plan for hauling routes and a hauling schedule for review and approval by the Director of Public Works All hauling trucks shall be covered so that no soil, rocks, or other debris may escape the truck during transport 9 Due to the subject property's location in the RS -3 zoning district, a minimum of fifty- five (55%) percent open space shall be maintained on the lot (proposed. 79.9%). 10. A maximum of fifty (50%) percent lot coverage shall be allowed within the required 20 -foot front yard setback area. 11. The proposed entrance wall and gate at 32 feet from the front property line (behind the front facade of the dwelling) shall be limited to a maximum overall height of 6 - feet as measured from adjacent grade on the lower side to the highest point of the wall or gate. If the height of said wall or gate exceeds the 6 -foot height limit, separate Planning Department review and approval shall be required 12. Prior to the issuance of a Final Building Permit, the landowner shall submit to the City a landscape planting and irrigation plan. The plan shall include species which soften architectural features, stabilizes slopes, and improve visual transitions between open spaces and buildings. The planting plans shall incorporate a minimum of 80% drought tolerant plant materials The irrigation plans shall provide separate valves for all high water use areas. 13. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 14. The hours of construction shall be limited to 7 00 a.m. to 7 00 p.m, Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 15 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 is not 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 16. The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback 17 The property shall be temporarily enclosed with a six (6-0") foot high chain-link fence during the length of construction of the residential structure. P.C. Resolution 98 - 38 Exhibit "A" Page 2 of 3 18 A minimum three -car garage with a minimum unobstructed interior dimension of 27 - feet in width by 20 -feet in depth, shall be provided on the site and shall be maintained for the storage of vehicles only Further, the garage shall maintain a minimum of seven (7') feet of vertical clearance over the spaces 19 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. P.C. Resolution 98 - 38 Exhibit "A" Page 3 of 3