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PC RES 2000-017r P.C. RESOLUTION NO. 2000-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 461 -REVISION `A' AND COASTAL PERMIT NO. 159 -REVISION `A', THEREBY PERMITTING AN ADDITIONAL 147 -SQUARE -FOOT ENCLOSURE ON THE SEAWARD SIDE OF THE LIVING ROOM OF THE EXISTING RESIDENCE, LOCATED AT 38 SEACOVE DRIVE WHEREAS, on November 23, 1999, the Planning Commission adopted P C. Resolution No. 99-43, thereby conditionally approving Variance No. 461, Coastal Permit No. 159 and Grading Permit No 2144 for a 2,582 -square -foot addition to an existing residence on a bluff -top lot on Seacove Drive in the Abalone Cove community, where the existing residence does not conform with the coastal setback and coastal structure setback lines of the property, and, WHEREAS, on April 3, 2000, the applicants, Gene and Terry Rolle, submitted applications for Variance No. 461 -Revision `A' and Coastal Permit No. 159 -Revision `A' to allow an additional 147 -square -foot enclosure on the seaward side of the living room of the existing residence; and, WHEREAS, on May 2, 2000, the applications for Variance No 461 -Revision 'A' and Coastal Permit No. 159 -Revision 'A' were deemed complete by Staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 of 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(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Variance No. 461 -Revision 'A' and Coastal Permit No. 159 -Revision 'A' would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15301(e)), 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 June 13, 2000, 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 requested revision for a 147 -square -foot enclosure adjacent to the living room on the seaward side of the house is consistent with the Planning Commission's previous approval and will have no adverse impacts upon geotechnical stability, protected views or coastal aesthetics As a part of an early version of the approved project, the applicants proposed a similar enclosed area on the seaward side of the living room. The geotechnical analysis for this early version of the project was reviewed and approved by the City's geotechnical consultant. Although the applicants later modified the project to eliminate the addition on the seaward side of the living room, the approval of the first geotechnical analysis demonstrated that a factor of safety of 1 5*1 could be provided for such an addition. in addition, although the proposed revision involves a small expansion of the home closer to the bluff edge, this expansion is almost all glass and does not extend beyond the existing eave line As such, it will not to adversely effect views along the bluff top or from the beach and ocean below. Section 2: If the additional 147 -square -foot enclosure on the seaward side of the living room had been proposed in conjunction with the original variance request, the Planning Commission would have approved of this component of the variance as well. The original approval of Variance No. 461 did not include the issue of structure size because the proposed additions resulted in an overall project size that did not exceed the maximum allowable structure size (5,164 square feet). The revision proposed by the applicants increases the overall structure size to 5,311 square feet, which equates to a 2.8 -percent increase in maximum structure size for the property that was allowed at the time of the Planning Commission's original approval However, this revised overall structure size is still approximately eleven percent (11 %) smaller than the average maximum structure size that would have been allowed for other pre -incorporation bluff -top homes on Seacove Drive under the previous Rancho Palos Verdes Development Code standards As such, the Planning Commission finds that the increased square footage proposed by the applicants is negligible, and that the overall size of the revised project will still be consistent with the surrounding residences Section 3: The Planning Commission hereby finds that the additional 147 -square - foot enclosure adjacent to the living room is consistent with the required findings of fact for Variance No. 461 as originally articulated in P.C. Resolution No 99-43, namely: A. 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, B. 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, C. 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; and, D. Granting the variance will not be contrary to the objectives of the General Plan and the policies and requirements of the Coastal Specific Plan. P.C. Resolution No 2000-17 Page 2of8 9 Section 4: The Planning Commission hereby finds that the additional 147 -square - foot enclosure adjacent to the living room is consistent with the required findings of fact for Coastal Permit No. 159 as originally articulated in P.C. Resolution No. 99-43, namely: A. The proposed development is consistent with the Coastal Specific Plan; and, B. The proposed development, which is located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. Section 5: The conditions of approval that were originally adopted on November 23, 1999 in conjunction with P C Resolution No. 99-43 are revised and superceded by the conditions of approval contained in Exhibit 'A' of this Resolution, which are attached hereto and made a part hereof by this reference. Section 6: 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 and 17 72 100 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 June 13, 2000, the date of the Planning Commission's final action. Section 7: 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. 461 - Revision 'A' and Coastal Permit No. 159 -Revision A' thereby permitting an additional 147 - square -foot enclosure on the seaward side of the living room of the existing residence, located at 38 Seacove Drive. P C Resolution No. 2000-17 Page 3 of 8 • PASSED, APPROVED, AND ADOPTED this 13th day of June 2000, by the following vote: AYES: Chairman Lyon, Commissioners Cartwright, Long, Mueller and Paulson NOES: none ABSTENTIONS: none ABSENT Vice Chairman Clark and Commissioner Vannorsdall Frank Lyon Chairman J oIR)o as, A I P Dir t of Plannin"uilding and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No 2000-17 Page 4 of 8 n 11 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR VARIANCE NO. 461 -REVISION `A', COASTAL PERMIT NO. 159 -REVISION 'A' AND GRADING PERMIT NO. 2144 (38 Seacove Drive) General 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 the addition of 2,340 24,-93 square feet of new living area (including the conversion of the existing 632 -square -foot garage into living area), the construction of a new 1,021 -square -foot, 3 -car garage and 166 cubic yards of related grading for an existing, single-family residence at 38 Seacove Drive. The maximum height of the residence shall be sixteen feet (160") above the highest point of the existing pad to be covered by the structure, and twenty feet (20'0") above the lowest point of the finished pad to be covered by the structure The maximum ridgeline elevation of the residence shall be 173.25'. One hundred sixty- six cubic yards (166 yd 3) of grading are permitted by this approval, consisting of one hundred thirty-nine cubic yards (139 yd 3) of cut and twenty-seven cubic yards (27 yd 3) of fill The Director of Planning, Building and Code Enforcement is authorized ,,TOT$affiRIKOW-9 substantive change to the project shall require approval of a revision to Variance No 461, Coastal Permit No 159 and/or Grading Permit No. 2144 by the Planning Commission and shall require new and separate environmental review [Modified by the Planning Commission on June 13, 2000] 3 All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS -2 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 year of the final effective date of this Resolution, or if construction has not P C. Resolution No. 2000-17 Page 5 of 8 0 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. 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 plans submitted to the City on October 15, 1999, entitled "Addition and Remodel for Gene and Terry Rolle, 38 Seacove Drive, Rancho Palos Verdes, California 90275," prepared by Miles Pritzkat of Edward Carson Beall, AIA & Associates. 8 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. 9 The applicant shall submit plans for any proposed improvements within the public right-of-way of Seacove Drive for the review and approval of the Director of Public Works All curb, gutter and drive aprons shall conform to City standards 10 The applicant shall ensure that at least fifty percent (50%) of the 20 -foot front -yard setback area is maintained as landscaped area. This approval does not include any structures within the front -yard area in excess of forty-two inches (42") in height. 11 Notwithstanding the plans submitted to the City of October 15, 1999, this approval does not include a The proposed pool, which requires separate approval of a site plan review application, or, b The 6 -foot -tall fence at the front property line, which requires separate approval of a minor exception permit application 12 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 P C Resolution No 2000-17 Page 6 of 8 13. 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. 14 There is existing foliage on the subject property that significantly impairs protected views from nearby residences This foliage includes numerous pine trees in the front yard area. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT a Minor branches and foliage shall be trimmed and removed up to the height of the maximum proposed ridgeline of the house (173 25'). b Foliage in the crowns of the trees shall be thinned and laced above the elevation of the maximum proposed ridgeline of the house (173 25') c Hedges along the side property lines shall be trimmed down to the height of the maximum proposed ridgeline of the house (173 25') d. Trees and foliage within the footprint of the proposed additions and driveway shall be removed 15. Exterior residential lighting shall be in compliance with the standards of Section 17 56 030 of the Rancho Palos Verdes Development Code, and shall not exceed 2,000 W incandescent (or equivalent) No single lighting fixture may exceed 150 W incandescent (or equivalent). Variance No. 461 and Coastal Permit No. 159 16. The structure shall comply with the following setbacks Front: 75'0" Sides: TO" West and 12'6" East Rear- no change except for the 147 -square -foot enclosure adjacent to living room The applicant shall provide certification of the front and side setbacks at the time of foundation form inspection by the Building and Safety Division [Modified by the Planning Commission on June 13, 2000] 17. The maximum height of the residence shall not exceed 16 00' (as measured from the highest point of the existing pad to be covered by the structure (157 25')) and 18.45' (as measured from the finished pad adjacent to the lowest foundation (154.80')) to the highest point of the structure, including roofing materials The maximum ridgeline elevation shall be 173.25'. Ridge height certification shall be required prior to building permit final inspection, P C Resolution No. 2000-17 Page 7 of 8 18. The maximum structure size permitted by this approval is 5,311 54,44 square feet, including the 3 -car garage. Structure size certification shall be required prior to building permit final inspection. [Modified by the Planning Commission on June 13, 2000] 19. The project shall maintain a minimum of 75% open -space coverage. [84.8% proposed] 20. 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%). [6.4% proposed] 21. With the exception of the on -grade patio and the enclosure of a 147 -square -foot area adiacent to the living room depicted on the plans, no new structures or improvements are permitted on the seaward side of the existing house [Modified by the Planning Commission on June 13, 2000] 22. The grading approved by this permit consists of one hundred thirty-nine cubic yards (139 yd 3) of cut and twenty-seven cubic yards (27 yd 3) of fill. The maximum upslope retaining wall height permitted is eight feet (8'0"). [three feet (3'0" proposed]. 23 No grading activity is permitted within the existing 7 5 -foot -wide drainage easement or in any areas on the seaward side of the existing house 24. The applicant shall furnish the City with copies of landfill receipts for the approved export of one hundred twelve cubic yards (112 yd 3) prior to Building Permit final. M TrojectsWAR 461 -Rev 'A'_CP 159 -Rev 'A'(RoIIe)\20000613_Reso_PC doc P.C. Resolution No. 2000-17 Page 8 of 8