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PC RES 2001-007P.C. RESOLUTION NO. 2001-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 2239 AND VARIANCE NO. 482 FOR 710 CUBIC YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION OF A 5,931 SQUARE FOOT TWO-STORY SPLIT LEVEL RESIDENCE WITH A PORTION OVER AN EXTREME SLOPE AREA (35% SLOPE AND GREATER) ON A VACANT DOWNWARD SLOPE LOT. THE PROJECT IS APPROVED FOR PROPERTY LOCATED AT 2967 CREST ROAD. WHEREAS, on September 11, 2000, the applicant Kemal Ramezani representing property owner Hassan Abrishami, submitted Grading Permit No 2239 for the construction of a 6,602 square foot residential structure, and, WHEREAS, on October 3, 2000, Staff deemed the application incomplete pending the resolution of Staff concerns regarding the structure size and grading, and the submittal of additional information, and. WHEREAS, on February 9, 2001, Variance No. 482 was submitted to augment Grading Permit No. 2239, and a revised project was submitted, and, WHEREAS, on March 9, 2001, the applications were deemed complete by Staff; 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 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 Grading Permit No. 2239 and Variance No. 482 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (New Construction) since the project involves an addition to an existing residential structure; 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 oris April 24, 2001, at which time all interested parties were given an opportunity to be heard arid present evidence, 0=4111:92!• • ! ! ' ! • ' i ! Section 1: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot. The majority of the grading is directly related to the primary use of the lot since the majority of the grading will be conducted under the building footprint; and, Section 2: The grading and related construction will not significantly adversely affect the visual relationships nor the views from, neighboring properties The new residence will be constructed within the allowable building envelope of 16730' for down- sloping lots Further, the properties to the west are at sufficiently higher elevations where the new structure will not encroach into any views Further, and no grading is being conducted to create pad elevations that are higher than the existing grade elevations of the subject property; and, Section 3: The grading minimizes disturbance to the natural contours since the majority of the grading is to prepare the site for construction of a new residence, and largely under the proposed building footprint. Further, the project does not include multiple retaining walls that continually bench and terrace to create filled deck areas, and, Section 4: The grading takes into account the preservation of natural topographic features since the project will not include multiple retaining walls that continually bench and terrace to create filled deck areas Further, the new residence will be tucked into the hillside, which follows the topography of the site, and, Section 5: The proposed split-level two-story structure is compatible with the immediate neighborhood character, and is consistent with the mix of homes in the neighborhood Further, the architectural style, roofing material and roof pitch will be consistent with other homes in the neighborhood Furthermore, the size of the residence will be within the range of structure sizes found in the immediate neighborhood, and, Section 6: The criteria of Subsections E 1 through E 8 of Development Code Section 17 76 040 have been made in a positive manner; and, Section 7: The grading application is consistent with the purpose and intent of the Section 17 76 040.A, since it provides for the reasonable development of the parcel with a residential structure, and, Section 8: Approval of the grading application will not constitute a grant of special privilege since un -compacted fill material has produced an extreme slope condition, which must be removed since the material is not suitable for slab or construction, and, Section 9: The grading application will not be detrimental to the public safety nor to other property since the stability of the property has been examined and assessed in the geotechnical reports submitted and approved by the City's Geotechnical Staff; and, Section 10: The project site is subject to exceptional or extraordinary circumstances or conditions which do not apply generally to other properties in the RS -2 zoning district, and the project site is different from other properties in the neighborhood in a material way Since near the front of the property at Crest Road, there is a portion of un - compacted fill that creates an extreme down-slope condition ranging from 35% to 44 7% along 60% of the front yard area, which creates a constraint to the development of the P C Resolution No 2001-07 Page 2 of 4 property, and to properly construct a residential structure consistent with the intent and purpose of the underlying zoning district; and, Section 11: The variance is necessary for the preservation and enjoyment of a substantial property right, which is possessed by other property owners The variance is necessary to ensure the full potential of the subject property to construct a residential structure since the topography at the front of the property substantially limits the design and full utilization of the property for development of a residence Section 12: The granting of the variance will not be detrimental to the public welfare or injurious to property and improvements in the area since the proposed structure will be constructed over a small portion of the subject property that is extreme sloped, which resulted from un -compacted fill materials The extreme slope will be removed and compacted to ensure proper stability of the site, and the project will be inspected and approved by the Building and Safety Division, and will be required to comply with all safety standards of the Uniform Building Code, and, Section 13: The variance is not contrary to the objectives of the General Plan Specifically, Housing Element, Policy No 3 calls upon the City to "assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design", and the new structure is compatible with the immediate neighborhood and will maintain a design that is conducive to the topography of the property Further, the Land Use designation for the site is Residential and allows for single-family development Section 14: 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 Grading Permit No 2239 and Variance No 482 for 710 cubic yards of grading to accommodate the construction of a new two-story split-level residence with a portion over an extreme slope, on a vacant down-sloping lot, subject to the conditions contained in Exhibit "A" attached hereto Section 15: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 80 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 April 24, 2001, the date of the Planning Commission's final action P C Resolution No 2001-07 Page 3 of 4 • PASSED, APPROVED, AND ADOPTED this 24th day of April 2001, by the following vote: AYES' Cartwright, Clark, Lyon, Mueller, Paulson NOES None ABSTENTIONS: Long ABSENT Vannorsdall Jel F36has, AlCif I Dhv6tor of Planpi% , Building and Code Enforcement; and, Secretary to the Planning Commission Frank Lyon CZ Planning Commission Chairman P.C. Resolution No 2001-07 Page 4 of 4