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PC RES 1999-006P.C. RESOLUTION NO. 99-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 866 AND GRADING PERMIT NO. 2053. ALLOWING THE CONSTRUCTION OF A TWO-STORY 6,254 SQUARE FOOT SINGLE-FAMILY RESIDENCE WITH ATTACHED THREE -CAR GARAGE AT A HEIGHT OF 17'-0" ABOVE EXISTING (PRECONSTRUCTION) GRADE, AND 26 FEET ABOVE FINISHED GRADE; AND 625 CUBIC YARDS OF ASSOCIATED GRADING ON A VACANT LOT LOCATED AT 30052 AVENIDA CLASSICA. r WHEREAS, on August 11, 1998, the applicant and landowner, Raju Chhabria submitted Height Variation No 866 and Grading Permit No 2053, requesting approval for the construction of a two-story 7,302 square foot single-family residence with attached three -car garage, at a height of 17 feet above existing grade and 26 feet above finished grade, and 750 cubic yards of associated grading, on a vacant parcel located at 30052 Avenida Classica, and, WHEREAS, on September 29, 1998, after submittal of the necessary information, the applications for Height Variation No 866 and Grading Permit No 2053 were deemed complete by Staff; 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 November 10, 1998, at which time all interested parties were given an opportunity to be heard and present evidence, 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 Height Variation No 866 and Grading Permit No 2053 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303) since the project involves the construction of a new single-family residential structure, and, WHEREAS, at the November 10, 1998 meeting, the Planning Commission directed the applicant to modify the proposed project and tabled consideration of the item until a future date, pending the submittal of revised plans that contain a smaller structure size and increase the northern side yard setback to a minimum of ten feet; and, P.C. Resolution No. 99- 06 Page 1 of 5 WHEREAS, on November 17, 1998, the applicant granted a 90 -day extension of the Permit Streamlining Act deadline of November 28, 1998, thereby establishing an action deadline of February 26, 1999; and, WHEREAS, on January 11, 1999, the applicant submitted revised plans and applications for Height Variation No. 866 and Grading Permit No 2053; and, WHEREAS, on January 13, 1999, the modified applications for Height Variation No 866 and Grading Permit No. 2053 were deemed complete by Staff, and, WHEREAS, after re -notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on February 23, 1999 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1: The applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 64% of the property owners within 500 feet of the subject property, and 75% of the owners within 100 feet of the subject property who have reviewed the plans Section 2: The proposed two-story single-family residence 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 located in the area; and the subject property is not located within the Coastal Specific Plan area Section 3: The proposed structure is not located on a ridge or promontory since the property is located within a tract with varying pad elevations, and is at the southern end of an existing tract of single-family homes which slopes uphill to the north, and slopes downhill to the south-west Further, the property is not located along the coastal bluffs. Section 4: The proposed structure, when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel based on Staffs view analysis of the proposed residence as viewed from the adjacent properties. Specifically, analysis was conducted from the north of the subject property at 30040 Avenida Classica; Staff determined that views of the distant ocean horizon, off -shore islands and ocean in a southerly direction 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, the adjacent property to the north at 30040 Avenida Classica does not have protected views which are significantly impaired by the P.C. Resolution No. 99- 06 Page 2 of 5 proposed residence Further, there are no other residences that contain views, which will be impacted by the proposed residential structure Section 5: There is no significant cumulative view impairment caused by granting the application since the adjacent property to the north does not contain protected views over the subject property and no protected view will be impaired by the proposed project Further, other properties in the area are not impacted by the proposed two-story residential structure, thus cumulative view impairment is not an issue for other properties Section 6: The structure is designed and situated in such a manner as to minimize impairment of a view because no protected views from the surrounding properties will be significantly impaired by the proposed two-story residence, and the proposed residence will be setback a minimum of 52 feet from the front property line, which reduces view impairment upon the adjacent property to the north, even though that view is not protected Section 7: The proposed structure complies with all other Code requirements in that all the development standards of the RS -3 district are met and the minimum side yard setback requirements are exceeded by providing a minimum 10 -foot north side setback and a minimum 15 -foot south side setback Section 8: The proposed structure is compatible with the immediate neighborhood character, and is consistent with the mix of two-story and split-level two-story homes in the neighborhood since there are other two-story residences; the architectural style of the proposed residence is consistent with other homes since the structure will contain smooth - finish stucco, hip -pitched roof with 2 -piece tile roof material, and an articulated front facade elevation to reduce the appearance of bulk and mass, further, the residence will be located at a minimum of 52 feet from the front property line, which is greater than the average front setback in the area. Section 9: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences because the second -story windows in the bedrooms are at a higher elevation than the residence located on the adjacent property to the north, and generally look over the roof of the residence, while the two windows of the second story bedroom along the south elevation will be small 3' x 3' windows that will provide less window area from the second story bedroom and reduce the opportunity to directly look into the back yard and pool area of adjacent property to the south; thus not resulting in an unreasonable infringement of the privacy of the adjacent residence to the south. Section 10: The proposed 625 cubic yards of grading is reasonable in scope (cubic yards and depth of cut) to accommodate the construction of the new two-story single family residential structure since the grading has limited to the building footprint and the areas that provide for amenities such as pool decks, and driveway areas for sufficient Page 3of5 ingress and egress to the residence Further, the slope at the rear will not be graded and will maintain the natural topography Thus the grading does not exceed that which is necessary for the primary use of the lot Section 11: The proposed grading and construction does not significantly affect the visual relationships with, nor the views from, neighboring properties since the overall effect of the proposed grading is to level the building site and lower the highest portions of the lot to be covered by the structure Section 12: The proposed grading will be conducted for the purposes of creating a building pad and leveling areas that are at a consistent elevation with the first story of the new residence; the majority of the front yard area will not be disturbed except to provide for a driveway area, and the area to the rear will also largely remain undisturbed. Section 13: The proposed grading activity complies with the applicable Development Code grading standards, including height of cut, grading on slopes under 35%, driveways, and number and height of retaining walls Section 14: The proposed grading will not result in man-made or manufactured slopes, does not involve a new tract, does not involve street construction, and no wildlife habitats have been identified on the subject property. Section 15: Any interested person may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02 040.C.1.j 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 the date of the Planning Commission's final action Section 16: 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. 866 and Grading Permit No 2053, thereby approving a new two-story 6,254 square foot single family residence with attached three -car garage at a height of 17'-6" above existing (preconstruction) grade, and 26 feet above lowest finished grade, with associated grading of 625 cubic yards for a vacant parcel located at 30052 Avenida Classica, subject to the conditions contained in Exhibit "X, 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. 99- 06 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 23rd day of February 1999, by the following vote: AYES Cartwright, Clark, Lyon, Slayden NOES. Alberio, Paris, Vannorsdall ABSTENTIONS- None ABSENT. None Joel Rphas, AICP Directfir of PlanninLIlding and Gode(Enforcement, and, Secretary to the Planning Commission Jon S Cartwright Planning Commission Chairman P.C. Resolution No. 99- 06 Page 5 of 5