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PC RES 2000-005P.C. RESOLUTION NO. 2000-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, VARIANCE NO. 451, HEIGHT VARIATION NO. 885 AND GRADING PERMIT NO. 2108, TO ALLOW THE CONSTRUCTION OF A NEW 4,292 SQUARE FOOT SINGLE- FAMILY RESIDENCE AT A PROPOSED HEIGHT OF TWENTY- SIX FEET, AS MEASURED FROM FINISHED GRADE COVERED BY STRUCTURE AT THE LOWEST ELEVATION POINT TO THE TOP OF THE ROOF RIDGE LINE, 1,675 CUBIC YARDS OF ASSOCIATED GRADING, AND A 9'-4" REDUCTION IN THE REQUIRED REAR YARD SETBACK ON PROPERTY LOCATED AT 5888 MOSSBANK DRIVE. WHEREAS, on September 26, 1989 the Planning Commission for the City of Rancho Palos Verdes conditionally approved tentative Parcel Map No. 20945 to allow the division of land from property located at 5905 Clint Place, subject to conditions that would regulate the type and location of development on the subject property; and, Whereas Parcel Map No. 20945 was recorded with the Los Angeles County Recorders office on February 28, 1990; and, WHEREAS, on October 22, 1996 the Planning Commission reviewed and approved plans for a new 7,265 square foot single-family residence with 1,122 cubic yards of associated grading; and, WHEREAS, on February 17, 1997 the approvals issued by the Planning Commission for a new single-family residence and the building permits issued expired; and, WHEREAS, on August 3, 1998 the Director of Planning, Building and Code Enforcement conditionally approved Grading Permit No. 2043 and Geologic Investigation Permit No. 123 to allow 144 cubic yards of grading for a temporary access road; and, WHEREAS, on April 1, 1999 applications for Variance No. 451, Height Variation No. 885 and Grading Permit No. 2108 were submitted to the Planning Department to allow the construction of a new 6,888 square foot single-family residence at a height of twenty-six (26) feet, and a variance for a reduction in the required rear yard setback from 15' to 5'-8" and a grading permit to allow 1,490 cubic yards of associated grading; and, WHEREAS, on April 29, 1999 Staff reviewed the subject applications and deemed them incomplete for processing due to insufficient information and Staff concerns with the driveway access and the project's compliance with the City's Municipal Code; and, WHEREAS, after reviewing several alternatives, the applicants submitted revised plans on December 7, 1999 to allow the construction of a 4,292 square foot single-family residence at a height of twenty-six feet with 1,675 cubic yards of associated grading; and, WHEREAS, on January 4, 2000 the subject applications were deemed complete for processing by Staff; and, WHEREAS, on January 5, 2000 the required public notices were 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 on February 8, 2000 Furthermore, a notice was published in the Palos Verdes Peninsula News on January 9, 2000; 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 Variance No 451, Height Variation No 885 and Grading Permit No. 2108 would have a significant effect on the environment and, therefore the proposed protect 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 February 8, 2000, 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 Planning Commission finds that the subject property does warrant a variance for relief from the rear yard setback requirements because of exceptional and extraordinary circumstances that have resulted from the restricted use areas. The subject lot was created under Parcel Map No. 20945 which created a building pad area bound between restricted use areas that prohibit development other than for slope stabilization or access purposes; the constraints the restricted use area places on the subject property by limiting Resolution .i i} IM Page 2• • the buildable pad area to 5,000 square feet, in order to construct a residence that is reasonable in size compared to the immediate neighborhood, the entire building pad area must be utilized; the buildable area includes area within the required rear yard setback Section 2: The Planning Commission finds that a variance is necessary to allow development rights possessed by other property owners in the same zoning district. The majority of the homes in the area are developed in conformance with the City's RS -5 zoning district Pad lots like the subject lot are not subject to the same restrictions and that this variance is necessary to build a comparable home on the subject lot. Section 3: The Planning Commission finds that granting the variance for a reduction in the required rear yard setback will not be materially detrimental to the public's welfare or injurious to property within the area in that the project's 9'-4" encroachment into the required rear yard still provides adequate distance between neighboring properties for light and air purposes, and the Planning Commission finds that the area between the neighboring properties to the rear of the subject lot are separated by a significant slope that exceeds thirty-five (35) percent and cannot sustain significant development Section 4: 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 subject property is not located within the City's designated Coastal Zone and that the proposed development complies with the goals and objectives of the General Plan and is consistent with the Residential 2 to 4 dwelling units per acre General Plan Land Use Designation Section 5: The Planning Commission finds that the applicant successfully completed the Early Neighborhood Consultation process by obtaining twenty-four (24) signatures out of the seventy (70) within the 500' radius, which is 34%, and five (5) signatures out of seven (7) properties within the 100' radius, which is 71 % Section 6: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views Section 7: The subject lot is located on a manufactured slope that was created at the time the building pads for the lots on Clint Place were graded and is not located on a ridge or promontory, as defined by the City's development Code. Section 8: The proposed structure has been designed to minimize the impairment of views from surrounding properties by lowering portions of the building pad to accommodate a split level structure that will have a roof ridgeline height that does not exceed twenty-six from the lowest finished grade covered by • No 200'005 - Page 3 of • f structure and that is at a similar height as neighboring properties. The Planning Commission therefore finds that the lowering of the building pad and notching the garage into the hillside are design techniques that minimize potential view impairment from surrounding properties Section 9: The proposed residence will not create a cumulative view impairment in that the structure will be located on an existing building pad that is bound by steep slopes that align the structure with the neighboring lots to the west and that the lot to the immediate east is undeveloped and similar in nature to the subject lot. When the easterly lot is developed, similar constraints and restrictions will require a similar review process to the subject property that regulates the height, location and grading of the project, and no cumulative view impairment will result. Section 10: The proposed project will not create a view impairment from surrounding properties due to significant grade differences of approximately twenty (20) feet between the subject property and the properties to the south, which have views oriented to the north over the proposed residence, and since the properties to the east, west and north do not have views over the subject property and that the properties to the north are significantly lower in elevation than the subject property's building pad area. Section 11: The proposed structure complies with the residential development standards for a RS -5 zoning district in terms of open space, height requirements, and set backs, except for the fifteen (15) foot required rear yard setback, for which a Variance application has been requested by the applicants and warranted, as determined by the Planning Commission. Furthermore, in addition to obtaining Planning approval, approvals must be obtained from the City's Geotechnical Consultant in the Building stage and building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code. Section 12: The Planning Commission finds that the proposed structure at 4,292 square feet is compatible with the character of the immediate neighborhood in that the largest home on Mossbank Drive is 3,996 square feet and the proposed structure will only be 296 square feet larger than this home. Additionally the average square footage of the ten (10) closest homes within the immediate neighborhood is 2,936 square feet and the proposed structure will be 1,356 square feet larger than the average utilizes design elements that reduce the mass and bulk of the structure Such elements include notching portions of the structure into the hillside, using similar materials and colors, varying the outline of the building footprint that articulates the building facades and by maintaining a height and front yard setback that is more than comparable to the immediate neighborhood Section 13: The proposed structure will not create an infringement of privacy from neighboring properties in that the property to the east is P.0 Resolution No 2000-5 Page 4 of 6 undeveloped and that the windows closest to the eastern property line are located within a bathroom and will be translucent, and that the residence to the west, is viewable from only one window of the proposed structure, which will also be translucent because it is located within a bathroom in the proposed pool house. Furthermore, no comments were submitted to the City pertaining to an infringement of privacy. Section 14: The proposed 1,675 cubic yards of grading is necessary to prepare the subject property for the primary use of the lot which is a single-family residence. The proposed grading is required to provide access to the building pad area from the public right-of-way, over an extreme slope, that has been designated as a restricted use area allowing grading only for access. The proposed grading is also required to prepare the building pad area for construction, which includes excavating a portion of the building pad to accommodate the construction of the garage and to create a turn around in front of the driveway, as required by the Los Angeles County Fire Department Section 15: The grading being proposed by the applicant will not significantly adversely affect visual relationships nor views from surrounding properties in that the proposed excavation lowers portions of the building pad and reduces the visual mass of the structure from the upsloping properties and will protect views from these properties since they will look laterally over the proposed roof ridgeline Additionally the grading proposed for the construction of the driveway will follow the natural topography and will consist of 1,035 cubic yards of fill that will be supported by a series of retaining walls that have been designed to step with the natural terrain. The proposed driveway retaining walls will be screened from surrounding properties, especially those downsloping from the subject property, by planting landscaping that will soften the hard surfaces of the wall and provide a visual screen. Section 16: The proposed grading has been designed to minimize adverse impacts to the natural or finished contours by incorporating split retaining walls that indirectly reduce the amount of earth movement that follow the existing contours. The proposed grading takes into account the preservation of natural topographic features and appearances by blending the finished contours with the existing contours through the use of manufactured slopes that do not exceed a ten (10) percent gradient between the upper retaining walls adjacent to the proposed driveway and the building pad area. Section 17: The proposed project will not disturb any natural vegetation or wildlife habitat in that the subject property consists of manufactured slopes created at the time the building pads for the original tract were graded which disturbed any natural vegetation or wildlife habitat existing on the subject property, and no significant habitat resources exist on the site. Section 18: The grading quantities requested are necessary for the development of the subject property and do not constitute a special privilege P.0 Resolution No. 2111 Page 5 ol, 0 0 since 640 cubic yards of cut is to prepare the building pad area for construction by lowering and leveling a portion of the pad area and by creating a level area for the required turn around, and the 1,035 cubic yards of fill, that will supported by a series of retaining walls, is necessary to provide adequate and safe access to the building pad area from the public right-of-way. Section 19: A Notice of Decision shall be given to the applicant, to all property owners adjacent to the subject property and any interested party informing them of the Planning Commission's decision. Section 20: Any interested party 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 adoption of this resolution. Section 21: 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. 451, Height Variation No 885 and Grading permit No. 2108, thereby approving the construction of a new 4,494 square foot single-family residence at a proposed height of twenty-six (26) feet, as measured from the lowest finished grade (83') covered by structure to the top of the roof ridgeline (109'), 1,675 cubic yards of associated grading and a 9'4' encroachment into the required rear yard setback, subject to the conditions of approval in Exhibit "A" PASSED, APPROVED, AND ADOPTED this 8th day of February, 2000, by the following vote: AYES: Chairman Cartwright, Vice -Chairman Lyon, Commissioners Alberio, Clark, Vannorsdal, Slayden, and Paris NOES: None ABSTENTIONS: None ABSENT: None 'o ' Ro s' A'CP Dir ctor of Planning, uilding and Enforcement, , and, Secretary to the Planning Commission Jon S. Cartwright Chairman P.C. Resolution Ro. 20000 Page • oll 0 w EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE NO. 451, HEIGHT VARIATION NO. 885 AND GRADING PERMIT NO. 2108 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 by the Planning Commission, 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 December 7, 1999 by architect Max Henonin, Architect. 4 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 achieve substantially the same results as would strict compliance with said plans and conditions. 5 An encroachment permit shall be obtained from the Department of Public Works for flat work connecting the driveway to the improved area of the Mossbank Drive right-of-way 6 The conditions set forth in Planning Resolution No 89-55 for Parcel Map No 20945 shall remain in full force and effect. 7 No development shall be permitted in the restricted use area, as specified in the Conditions of Approval for Parcel Map No 20945, unless approved by the City 8 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply Exhibit "A" P C Resolution No 2000-5 Page 1 of 3 T , , 9 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 10 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 11 The proposed structure shall not exceed 4,292 square feet unless otherwise approved by the City The 4,292 square feet consists of a 2,857 square foot residence, a 853 square foot garage, a 338 square foot pool house, a 108 square foot laundry room and a 136 square foot storage room, as shown on the plans submitted on December 7, 1999 12. A minimum of a two car garage (three car garage proposed) shall be maintained at all times with a minimum depth of twenty (20) feet, a minimum width of eighteen (18) feet and a minimum vertical clearance of seven (7) feet, as measured from the interior finished walls 13 The open space requirement for the subject property located in the RS -5 zoning district shall be no less than forty-eight (48) percent (proposed 68%) 14 The windows located in the master bathroom and the pool house bathroom that face the neighboring properties shall consist of translucent materials VARIANCE 15 The following minimum setbacks shall be maintained for the proposed addition Front Yard Side Yard Total Side Yards Rear Yard HEIGHT VARIATION 20'-0" minimum 10'-0" minimum 15'-0" minimum 5'-8" minimum (proposed 52') (proposed 10') (proposed 20') (proposed 5'-8") 16 The proposed structure shall not exceed 26' in height as measured from the lowest elevation grade covered by structure (83') to the top of the roof ridge line (109') Exhibit "A" P C Resolution No 2000-5 Page 2 of 3 GRADING 17 The proposed grading shall not exceed 1,675 cubic yards of earth movement, as shown on the grading plans submitted to the Planning Department on December 7, 1999 Of the proposed grading, 640 cubic yards shall consist of cut and 1,035 cubic yards shall consist of fill No export is proposed 18 The maximum depth of cut shall not exceed 11'-6" in height and the maximum depth of fill shall not exceed 6'-6" 19 The driveway shall not exceed a twenty (20) percent gradient. 20 The City's Geotechnical Consultant shall review the project in the "plan check" stage to determine whether further reports and investigation shall be required prior to issuance of building permits 21 A landscape plan shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of building permits. The plan shall identify the species proposed, the location of all vegetation and the height at maturity 22. The Landscaping required to screen the driveway retaining walls shall be installed prior to issuance of a final Certificate of Occupancy by the Department of Building and Safety 23 A lighting plan, in compliance with Section 17 56 030 of the Development Code, shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to issuance of building permits 24 All outdoor lighting shall be shielded and shall not be directed towards or result in the direct illumination of a parcel or property other than the subject property 25 No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves, or if located on a standard or a pole, is more than ten (10) feet above grade Exhibit "A" P C Resolution No 2000-5 Page 3of3