Loading...
PC RES 1999-003P.C. RESOLUTION NO. 99-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 437, COASTAL PERMIT NO. 148 AND GRADING PERMIT NO. 2051, THEREBY APPROVING A NEW, 15.75 -FOOT -TALL, 9,697 -SQUARE -FOOT, 1 -STORY SINGLE-FAMILY RESIDENCE (TO REPLACE AN EXISTING, 2,866 -SQUARE -FOOT, 1 -STORY SINGLE-FAMILY RESIDENCE) AND THREE HUNDRED FORTY-FIVE CUBIC YARDS (345 YD 3) OF RELATED GRADING, LOCATED AT 3344 PALOS VERDES DRIVE WEST WHEREAS, on July 31, 1998, the applicant, U S Dhurandhar, submitted applications for Variance No 437, Height Variation No. 865, Coastal Permit No 148 and Grading Permit No. 2051 to allow the demolition of an existing, 1 -story single-family residence and the construction of a new, 2 -story single-family residence on a 1 -acre lot on Palos Verdes Drive West, and, WHEREAS, on September 2, 1998, the applications for Variance No. 437, Height Variation No. 865, Coastal Permit No. 148 and Grading Permit No 2051 were deemed complete by Staff; and, WHEREAS, based upon discussions with Staff, the applicant subsequently redesigned the proposed project to reduce the overall size of the house, withdraw the application for Height Variation No. 865 by eliminating the second story, and reduce the quantity of grading proposed, 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(#) (Hazardous Waste and Substances Statement), Staff found no evidence that Variance No. 437, Coastal Permit No 148 and Grading Permit No 2051 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 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, and January 26, 1999, 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 r Section 1: The Planning Commission hereby makes the following findings of fact with respect to the application for Variance No 437 for a 169 -percent increase in the maximum structure size 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 because, although there are few physical constraints upon the site, the development of the site is constrained by the timing of the applications because they were submitted after the enactment of maximum structure size standards, and many other properties in the immediate vicinity and subject to the same RS -1 district zoning regulations are not subject to the same maximum structure size constraints because they were either developed prior the enactment of the maximum structure size limitations, or have never been developed and would be subject to much more liberal structure size limitations 2. 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 because the goal of this variance application is to achieve parity with the size of surrounding residences which are generally much larger than the 5,732 -square -foot maximum structure size which would be allowed by right; and the 9,697 -square -foot structure size requested under this variance is ten percent (10%) smaller than the largest home in the Lunada Pointe community, twenty percent (20%) smaller than the largest home in the immediate RS -1 area (the LaBarba residence at 3300 Palos Verdes Drive West) and only thirty-four percent (34%) larger than the average home in the immediate RS -1 area 3 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 because the degree of variance from the structure size permitted by right is appropriate for achieving parity with the size of surrounding residences in the RS -1 area; and would not tend to establish a new benchmark for maximum structure size which could ultimately be detrimental to public welfare, surrounding properties and the City as a whole 4 Granting the variance will not be contrary to the objectives of the General Plan and the policies and requirements of the Coastal Specific Plan because the reduced overall size and height reduces adverse impacts upon public views from Palos Verdes Drive West, which is consistent with Visual Aspect Policy No 3 of the General Plan to "[preserve] and enhance existing positive visual elements, while restoring those which are lacking in their present visual quality"; and the Corridor Element Policy of the Coastal Specific Plan to "[require] development proposals P C Resolution No 99-03 Page 2 of 9 within areas which might impact corridors to analyze the site conditions in order to mitigate impacts and obtain feasible implementation of all corridor guidelines " Section 2: The Planning Commission hereby makes the following findings of fact with respect to the application for Coastal Permit No. 184 and the consistency of the proposed project with the Coastal Specific Plan - The proposed development is consistent with the Coastal Specific Plan because Subregion 1 Policy No. 8 of the Coastal Specific Plan "[requires] proposed developments on land affected by view corridors to maintain the resource", there are general ocean views and specific vistas of Santa Catalina Island across the subject property from southbound Palos Verdes Drive West, and the proposed residence (as revised by the applicant) reduces intrusion into these views by further lowering the ridgeline and providing for improved views through the side -yard areas as viewed from the viewing area at southbound Palos Verdes Drive West, which is consistent with the Corridor Element Policy of the Coastal Specific Plan to "[require] development proposals within areas which might impact corridors to analyze the site conditions in order to mitigate impacts and obtain feasible implementation of all corridor guidelines." 2 The required finding that the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act, is not applicable because the proposed project is not located between the sea and the first public road paralleling the sea (i.e, Marguerite Drive, in this area) Section 3. The Planning Commission hereby makes the following findings of fact with respect to the application for Grading Permit No. 2051 for three hundred forty-five cubic yards (345 yds) of grading related to the construction of the proposed residence. 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 nearly two-thirds of the grading proposed is for grading occurring within the building footprint; there will be no net export of material from the site; and no large retaining walls or deep excavations are necessary. 2 The grading and/or related construction does not significantly adversely affect the visual relationships with, and the views from, neighboring properties because the revised residence complies with the 16 -foot building height envelope such that it no longer significantly impairs protected views from the neighboring property at 3333 Palos Verdes Drive West P C Resolution No. 99-03 Page 3 of 9 3 The nature of the grading minimizes disturbance to the natural contours because only about one-third of the proposed grading occurs outside the building footprint; there are no large retaining walls necessary or proposed with the revised project, and finished contours will appear reasonably natural 4 The grading conforms with the minimum standards for finished slope, depth of cut, retaining wall location and height, and driveway slope established under Section 17 76 040(E)(8) of the Development Code 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 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 required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable because no streets or right- of-way improvements are proposed 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 there is no natural landscape or wildlife habitat present on the subject property. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Sections 17.64.060, 17 72.100 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 January 26, 1999, the date of the Planning Commission's final action Section 5: 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 437, Coastal Permit No. 148 and Grading Permit No 2051, thereby approving a new, 15.75- P C. Resolution No 99-03 Page 4 of 9 0 0 foot -tall, 9,697 -square -foot, 1 -story single-family residence (to replace an existing, 2,866 - square -foot, 1 -story single-family residence) and three hundred forty-five cubic yards (345 yd') of related grading, located at 3344 Palos Verdes Drive West, 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 PASSED, APPROVED, AND ADOPTED this 26th day of January 1999, by the following vote. AYES Chairman Cartwright, Vice Chairman Lyon, Commissioners Slayden and Vannorsdall NOES Commissioners Alberio and Paris ABSTENTIONS none ABSENT Commissioner Clark Joel Fojas, AlcP Dire or of Plannin, Bu ding an Code Enforcem and, Secretary to the Planning Commission Chairman PC Resolution No 99- 03 Page 5 of 9 i 0 EXHIBIT'A' CONDITIONS OF APPROVAL FOR VARIANCE NO. 437, ET AL. (3344 Palos Verdes Drive West) 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 date of this approval shall render this approval null and void 2. This approval is for a 9,697 -square -foot, 1 -story single-family residence to be constructed at 3344 Palos Verdes Drive South The maximum height of the residence shall be fifteen feet nine inches (169") above the highest point of the existing grade to be covered by the structure, and twenty-four feet (24'0") above the lowest point of the finished grade to be covered by the structure. The maximum ndgeline elevation of the residence shall be 276.0'. Three hundred forty-five cubic yards (345 yd3) of grading are permitted by this approval, consisting of one hundred fifty-five cubic yards (155 yd 3) of cut and one hundred ninety cubic yards (190 yd 3) of fill Any substantive change to the project shall require approval of a revision to Variance No 437, Coastal Permit No 148 and/or Grading Permit No 2051 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 -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 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 variance, coastal permit and grading permit revision must be approved prior to further development • ._ • 10 Page 6 9 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 December 8, 1998, entitled "Dhurandhar Residence, 3344 Palos Verdes Drive West," prepared by Cordell Ross of Cordell Ross and Associates, Inc. and dated December 7, 1998 8 The structure shall comply with the following setbacks Front- 34'4" Sides 17'4" North and 27'8" South Rear: 566" The applicant shall provide certification of the front and side setbacks at the time of foundation form inspection by the Building and Safety Division 9. The maximum height of the residence shall not exceed 15 75' (as measured from the highest point of the existing grade to be covered by the structure (260 0')) and 24 0' (as measured from the finished grade adjacent to the lowest foundation (251.75')) to the highest point of the structure, including roofing materials. The maximum ridgeline elevation shall be 275.75' Ridge height certification shall be required prior to building permit final inspection. 10. The maximum structure size permitted by this approval is 9,697 square feet, including the 4 -car garage and enclosed pool room Structure size certification shall be required prior to building permit final inspection. 11. The project shall maintain a minimum of 75% open -space coverage 12. The grading approved by this permit consists of one hundred fifty-five cubic yards (155 yds) of cut and one hundred ninety cubic yards (190 yds) of fill. The maximum upslope retaining wall height permitted is eight feet (60") and the maximum downslope retaining wall height permitted is three feet six inches (3'6") 13 The project shall provide (at least) 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%). 14 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 P C Resolution No 99-03 Page 7 of 9 15 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. 16 The applicant shall submit plans for any proposed improvements within the public right-of-way of Palos Verdes Drive West for the review and approval of the Director of Public Works All curb, gutter and drive aprons shall conform to City standards. 17 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, with the exception of the existing perimeter fence and gate which may be maintained at its current height and location. 18. 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 19. 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 20 There is existing foliage on the subject property that impairs protected views from a nearby residence Therefore, prior to building permit issuance, the following trees and foliage shall be trimmed, thinned, laced and/or removed a Clump of three Canary Island date palms in the southerly front -yard area. thin out lower fronds on all three trees b Trees along the northerly side property line: trim and remove minor branches up to sixteen feet (16'0") above the ground, lace above the 16 -foot level P C Resolution No 99-03 Page 8 of 9 c Trees and shrubs within the footprint of the proposed structure: remove or relocate on the site, if foliage is relocated, it may not exceed sixteen feet (160") in height or the ridgeline of the house, whichever elevation is lower d Shrubs along front fence: trim down to six feet (60") or the same height as the fence, whichever is less. 21 Except as hereinafter provided, no outdoor lighting shall be 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 Individual, nonreflector, incandescent light bulbs, not exceeding one hundred fifty watts (150 W) each, or an aggregate of one thousand watts (1,000 W) for each lot or parcel shall be permitted On lots exceeding fifteen thousand square feet (15,000 W), an additional one hundred watts (100 W) in the aggregate shall be permitted for each one thousand five hundred square feet (150 ftz) of area or mayor fraction thereof, by which the lot or parcel exceeds fifteen thousand square feet (15,000 ft2), provided, that in no event shall the aggregate exceed two thousand watts (2,000 W). As used herein, the term "wafts" is irrespective of the voltage. If nonincandescent lighting is used, the wattage of each nonincandescent light shall be multiplied by the following conversion factors to ascertain a standard wattage that is comparable to the wattage associated with incandescent lighting. Type of Lamp Multiplier quartz/tungsten-halogen 123 mercury 2.4 fluorescent 3.7 sodium vapor NPSV 57 sodium vapor LPSV 9.0 metal halide 49 incandescent reflector 16 22. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten feet (10'0") above grade 23. Notwithstanding the requirements of Section 17.56.030 of the Rancho Palos Verdes Development Code, outdoor lighting may be installed and used in a manner not permitted by Section 17 56 030 upon the issuance of a conditional use permit, 24 Prior to the issuance of building permits, the applicant shall submit a second unit covenant for the kitchenette/wet bar in the proposed maid's quarters for recordation M.\USERS\KITF\WPWIN60\PROJECTS\VAR437\VAR437 RES P C Resolution No 99-03 Page 9 of 9