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PC RES 1999-041 10 11 P.C. RESOLUTION NO. 99-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, CONDITIONAL USE PERMIT NO. 23 REVISION `GGG', VARIANCE NO. 464 AND GRADING PERMIT NO. 2094, TO ALLOW THE CONSTRUCTION OF A NEW 3,958 SQUARE FOOT SINGLE-FAMILY RESIDENCE WITH A 672 SQUARE FOOT ATTACHED GARAGE, AT A HEIGHT OF SIXTEEN (16) FEET AS MEASURED FROM THE FRONT YARD SETBACK LINE AND THIRTY (30) FEET FROM THE LOWEST ELEVATION POINT COVERED BY STRUCTURE TO THE TOP OF THE ROOF RIDGELINE, AND 310 CUBIC YARDS OF ASSOCIATED GRADING ON PROPERTY LOCATED AT 3304 PALO VISTA DRIVE. WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use Permit No. 23 establishing a residential planned development (RPD) comprising of Tracts 32547, 32991 and 34834, known as Seacliff Hills, with pre-approved building footprints; and, WHEREAS, on September 9, 1986, the Planning Commission adopted the Seacliff Hills Development Guidelines, later amended on August 23, 1989, establishing design standards for the aforementioned tracts that allow greater sensitivity and design flexibility with the construction of custom homes that reflect the unique location and character of the tracts; and, WHEREAS, applications were submitted to the Planning Department for the development of the subject property on February 25, 1999, for Conditional Use Permit No. 23 Revision `GGG' and Grading Permit No. 2094 to allow the construction of a new 5,639 square foot single-family residence with 903 cubic yards of associated grading; and, WHEREAS, in the course of reviewing the application request, Staff informed the property owners that the design of the proposed residence and the amount of grading requested did not comply with the standards set forth in the Development Code or the Seacliff Hills Development Guidelines and that the required findings would most likely not be made. Therefore, Staff advised the applicants to revised the plans so that the proposed structure would be compatible with the surrounding residences and that the grading would result in the least amount of disturbance to the natural contours; and, WHEREAS, on August 12, 1999 revised plans were submitted to the Planning Department for a 3,958 square foot single-family residence and a 672 P.C. Resolution No. 99-41 Page 1 of 6 • square foot attached garage with 310 cubic yards of associated grading, for which Staff felt that the proposed residence and associated grading complied with the neighborhood character and the requirements set forth in the Development Code and the Seacliff Hills Development Guidelines; and, WHEREAS, on September 24, 1999 Staff deemed the proposed application complete for processing provided that a Variance application be submitted to the Planning Department prior to the scheduled public hearing for relief from the strict interpretation of the Development Code's prohibition of "roof decks" in residential zoned properties; and, WHEREAS, on October 7, 1999 the required public notice was mailed out to property owners within a 500' foot radius of the subject property informing them of the proposed project and the scheduled public hearing. Furthermore, a notice was published in the Palos Verdes Peninsula News on October 9, 1999; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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. 23 Revision `GGG', Variance No. 464, and Grading Permit No. 2094 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 3, Section 15303(a)); and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 26, 1999, at which all interested parties were given the 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 proposed 3,958 square foot single-family residence with a 672 square foot attached garage complies with the development standards for the Seacliff Hills Tract as it relates to setbacks in that the proposed project will more than exceed the minimum requirements for the front, rear and side yard setbacks. Section 2: The maximum height limit for down-sloping properties within Seacliff Hills shall not exceed 16', as measured from the front yard setback to the top of the roof ridgeline and 30' from the lowest elevation point, where the structure meets grade, to the top of the roof ridgeline. As proposed, the structure is designed in full compliance with the height requirements for a down sloping lot P.C. Resolution No. 99-41 Page 2 of 6 in that from the average front yard setback (450') to the top of the roof ridge line (466') the proposed structure does not exceed sixteen (16) feet and from the lowest elevation point (436') covered by structure to the top of the roof ridge line (466'), the proposed structure does not exceed thirty (30) feet. Section 3: The proposed structure footprint, along with the parking and driveway area and other site improvements, such as walkways, result in lot coverage that is the 70% maximum allowed for a down sloping lot according to the Seacliff Hills Development Guidelines. Section 4: The proposed roof height is pitched and follows the contours of the natural terrain and a landscape shall be submitted to the Planning Department prior to the issuance of building permits that will ensure no foliage is planted on the subject property that at maturity has the potential to impair views from surrounding properties. Section 5: There are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other property in the same zoning district in that the proposed residence has been designed according to the Seacliff Hills Development Guidelines which state that the massing of a structure should be minimized through the use of architectural features such as decks and balconies. By incorporating decks and balconies throughout the proposed structure, for which "roof decks" are prohibited by the Development Code in residential zoning districts, the design of the massing of the structure has been reduced through the articulation of the decks. Furthermore, the roof decks used throughout the proposed structure are similar in nature to many of the surrounding residences which were also developed under the Seacliff Hills Development Guidelines. Section 6: The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which is a right possessed by other property owners under like conditions in the same zoning district in that the subject property is similar in size, shape and topography to that of surrounding properties within the Seacliff Hills tract and that the development guidelines encourage the use of architectural features that minimize the massing of a structure. Since the majority of the surrounding residences were designed under the current development guidelines and contain existing roof decks similar to the proposed roof decks, it is found that the prohibition of a roof deck would deprive the property owner rights possessed by surrounding property owners. Furthermore, the Commission finds that the articulation provided by the use of roof decks enhances the overall appearance of the proposed structure from a visual point of view by minimizes the massing of the proposed structures street facing facades, as required by the Seacliff Hills Development Guidelines. Section 7: The granting of the variance will not be materially detrimental to the public's welfare or injurious to property and improvements in the area in P.C. Resolution No. 99-41 Page 3 of 6 I I 1 io which the property is located in that the proposed structure and its roof decks will not impair any views from surrounding properties nor drastically alter the character of the existing neighborhood in that it has designed to be integrated into the overall appearance of the proposed residence. Section 8: The variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan in that the proposed structure has been designed in compliance with the requirements of the Development Code and the Seacliff Hills Development Guidelines and the proposed roof decks are architectural features that are used to enhance the overall appearance of a structure. Furthermore, the subject property is not located within the City's Coastal Specific Plan. Section 9: The grading does not exceed that which is necessary for the permitted primary use of the lot in that the subject property is located within a RS-1 Zoning District and that the proposed grading is to prepare an undeveloped lot for the construction of a new single-family residence in an area which permits such a use and that the proposed structure complies with the City's development guidelines. Section 10: The grading does not significantly adversely affect the visual relationship nor the views from neighboring properties in that the proposed 310 cubic yards of associated grading will be conducted on slopes that are less than twenty (20) percent and for the most part will be conducted under the proposed structures footprint to accommodate a subfloor. Therefore, the Commission finds that he proposed grading will not impact any outside contours and adversely affect views from surrounding properties in that the grading supports a low profile structure. Section 11: The nature of grading minimizes disturbance to the natural contours, and finished contours are reasonably natural, in that the proposed grading will be on a slope that was previously graded at the time the tract was created and that the proposed grading for the construction of a new single-family residence will be for the most part entirely under the building footprint, which will not be visible from surrounding properties and will not significantly alter any natural contours of the property. Section 12: The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend man-made or manufactured slopes into the natural topography in that the proposed excavation will not disturb any natural topographic features since the grading will be entirely below the proposed building footprint and will not be visible from surrounding properties. Additionally, the grading has been designed to blend the finished contours with the natural topography under the proposed building footprint. P.C. Resolution No. 99-41 Page 4 of 6 Section 13 Since the proposed grading is to prepare the subject site for the construction of a new single-family residence, the Commission finds that the quantity of earth movement requested by the applicants is minimal in nature and that the overall structure proposed to be developed will be less than the average structure size of the ten closest residence to the subject property. Additionally, the Commission finds that the proposed structure will be designed to blend with the character of the existing neighborhood through the use of materials and design elements that are seen throughout the subject tract and encouraged by the Seacliff Hills Development Guidelines. Section 14: The grading will not cause excessive and unnecessary disturbance of natural landscape or wildlife habitat through removal of vegetation in that the subject property does not contain any vegetation or wildlife habitat. Section 15: The subject grading will be conducted on property created after November 25, 1975 on slopes that are less than twenty (20) percent as identified on the applicant's slope analysis map and the proposed depth of cut or fill will not exceed five (5) feet in height. Section 16: The Planning Commission finds that the proposed grading project complies with thQ ,required findings stated in the Development Code under Section 17.76.040.F.1 through Section 17.76.040.E.8, as discussed in Sections 9 through 15, and that approval of the proposed project will not constitute a special privilege in that the grading is to allow the construction of a new single-family residence in an area designated for such a use. Furthermore, the subject grading will not be detrimental to the public's safety in that the approvals will be obtained from the City's Geotechnical Consultant and the Division of Building and Safety. Section 17: A Notice of Decision will be given to the applicant and any interested party informing them of the Planning Commission's decision. Section 18: Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.60.060 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 26, 1999, the date of the Planning Commission's final action. Section 19: 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. 23 Revision `GGG', Variance No. 464 and Grading Permit No. 2094, thereby approving the construction of a new 3,958 square foot single-family residence with an attached 672 square foot garage and 310 cubic yards of associated, subject to the conditions of approval in Exhibit "A". P.C. Resolution No. 99-41 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 26th day of October, 1999, by the following vote: AYES: Chairman Cartwright, Vice-Chairman Lyon, Commissioners Alberio, Paris. NOES: ABSENTATION: ABSENT: Commissioners Clark, Slayden, and Vann• sda 1. ta'ik Jon S. Cartwright Chairman 11 Joel 'ojas, AICP irec •r of Plannin•, ;uilding an• ode Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 99- 41 Page 6 of 6 41) IIP CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 23 REVISION `GGG", VARIANCE NO. 464, GRADING PERMIT NO. 2094 3304 PALO VISTA DRIVE OCTOBER 26, 1999 • EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 23 REVISION 'GGG', VARIANCE NO. 464, AN D GRADING PERMIT NO. 2094 GENERAL 1. 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 become null and void after one (1) year 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 proposed project shall be constructed in substantial compliance with the plans dated and received by the Planning Department on October 21, 1999 by Gabrielle Vandepass-Cargill. 4. The Director of Planning, Building and Code Enforcement is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. 5. The applicant shall obtain all necessary building permits for the proposed project. 6. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 7. 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. 8. 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, 4 111) CONDITIONS OF APPR AL CONDITIONAL USE PERMIT NO. 23 REVISION `GGG' VARIANCE NO.464 GRADING PERMIT NO.2094 3304 PALO VISTA DRIVE OCTOBER 26, 1999 PAGE 2 appliances or other household fixtures. 9. The subject property shall be securely enclosed with a temporary fence, not to exceed six (6) feet in height, during the duration of construction. CONDITIONAL USE PERMIT REVISION 10. The proposed structure shall modify the original footprint approved under Conditional Use Permit No. 23 to allow the construction of a new 3,958 square foot single-family residence with a 672 square foot attached garage, as shown on the plans dated October 21, 1999. 11. The open space requirement for the subject property located in the RS-1 zoning district and within the Seacliff Hills Tract shall be no less than seventy (70) percent. The proposed open space is 70%. 12. The upper floor footprint shall be at least twenty (20) percent less the lower level building footprint. The proposed upper footprint is fifty-seven (57) percent of the lower level footprint. 13. The following minimum setbacks shall be maintained for the proposed addition: Front Yard: 20'-0" minimum (proposed: 25') West Side Yard: 10'-0" minimum (proposed: 20') East Side Yard: 10'-0" minimum (proposed: 18') Total Side Yards: 25'-0" minimum (proposed: 38') Rear Yard: 20'-0" minimum (proposed: 33') 14. The maximum structure size for the subject property shall not exceed 11,000 square feet (based on the Maximum Structure Size for the RS-1 zoning district). The proposed total structure size is 4,630 square feet (garage included). 15. The proposed height shall not exceed sixteen (16) feet, as measured from the front yard setback line (450') and thirty (30) feet, as measured from the lowest elevation (436') point covered by structure to the top of the roof ridgeline (466'), as required by the Development Code for down sloping lots. 16. A Landscape plan shall be submitted to the Planning Department for approval prior to issuance of building permits indicating the location and CONDITIONS OF APPR AL CONDITIONAL USE PERMIT NO.23 REVISION `GGG' VARIANCE NO.464 GRADING PERMIT NO.2094 3304 PALO VISTA DRIVE OCTOBER 26, 1999 PAGE 3 type of vegetation proposed for the subject property. Additionally, the plans shall indicate the mature height of all foliage, which shall not exceed sixteen (16) feet in height. 17. No outdoor lighting shall be permitted that is directed towards a parcel of property other than that upon which such light source is physically located. Additionally, no 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 (10) feet above grade. Individual, nonreflector, incandescent light bulbs shall not exceed 150 watts per bulb or an aggregate of 1,000 watts for a lot. Lots exceeding 15,000 square feet shall be permitted an additional 100 watts of aggregate light source for each 1,500 square feet of lot area (17,078 square feet), up to a maximum of 2,000 watts. VARIANCE 18. The proposed roof decks shall be constructed in conformance to the plans submitted to the Planning Department on October 21, 1990. GRADING 19. The proposed grading shall not exceed 310 cubic yards, consisting of 267 cubic yards of cut and 43 cubic yards of fill, as indicated on the grading plans submitted to the Planning Department. 20. The maximum depth of cut or fill shall not exceed 5' in height. 21. The proposed project shall be reviewed and approved by the City's Geotechnical Consultant prior to issuance of building permits. M:1CUP1CUP23REVGGGICONDITIONS.doc