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PC RES 2001-015P.C. RESOLUTION NO. 2001-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION NO. 921 AND GRADING PERMIT NO. 2271 FOR A NEW TWO-STORY, SINGLE- FAMILY RESIDENCE WITH ATTACHED GARAGE MEASURING 5,422 SQUARE FEET, MEASURING 26 -FEET IN OVERALL HEIGHT, AND 30 CUBIC YARDS OF GRADING, ON A VACANT PARCEL LOCATED AT 3466 VIA CAMPESINA (LOT 2, PARCEL MAP 11819). WHEREAS, on October 24, 2000, Ashai Design, Inc, representing property owner Barbara Sonne, submitted Height Variation No. 921, requesting approval for the construction of a new two-story residential structure measuring 5,422 square feet, and 29'6" in overall height for a vacant parcel located at Via Campesina, described as Lot 2 of Parcel Map 11819, and, WHEREAS, on November 19, 2000, the application was deemed incomplete pending the submittal of additional information and resolution of issues raised by Staff; and, WHEREAS, on March 26, 2001, Grading Permit No. 2271 was submitted for the 30 cubic yards of grading for leveling of the site to accommodate the proposed structure; and, WHEREAS, on April 9, 2001, the applications were deemed incomplete, pending the construction of the temporary silhouette, and, WHEREAS, upon verification of the temporary frame silhouette, Staff deemed the applications generally complete for processing on May 11, 2001; 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 Height Variation No 921 and Grading Permit No. 2271 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, 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 26, 2001, 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 applicant has complied with the Early Neighborhood Consultation process established by the City by obtaining acknowledgement signatures from 75% of the property owners within 100 -feet of the subject property and 25 3% of the property owners within 500 -feet of the subject property, who have reviewed the plans prior to filing the application with the City 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 such areas that overlook the subject property Section 3: The property is not located on a ridge and promontory as there are other parcels with varying pad elevations, and properties with differing characteristics, such as pad lots and downward sloping lots Section 4: The proposed two-story structure, when considered exclusive of foliage, will not significantly impair a view from the viewing area of another parcel, due primarily to the orientation and topography of the lots within the neighborhood The views from the east and west side, and north (front) residences are not directed towards the subject parcel, while the property to the rear is 42 feet higher; thus, the proposed structure cannot project into any view Section 5: There is no significant cumulative view impairment caused by granting the application since the view analysis of individual lots surrounding the project site determined that the views from the adjacent properties are not in the direction of the subject parcel and the structure will not encroach into a view from the up-slope residence to the south (rear) Section 6: Since the view analysis determined that no view impairment will result due to the surrounding residences not containing views in the direction of the subject site, or sufficiently higher in pad elevation, minimizing view impacts is not applicable to this particular project. Section 7: The proposed structure complies with all other Code requirements in that all the development standards of the RS -2 district are met and the minimum setback requirements are exceeded Section 8: The proposed two-story residence 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 consistent with the range of structure sizes found in the immediate neighborhood Section 9: The proposed structure does not create an unreasonable infringement on the privacy of the occupants of abutting residences because the adjacent side and front structures are not oriented towards the subject property, and there is a 50 -foot minimum separation between structures Further, the property to the rear is at a higher pad P C Resolution No 2001-15 Page 2 elevation Thus, due to the topography and foliage in the area, direct visibility onto other parcels is hindered Section 10: The proposed 30 cubic yards of grading in not excessive to accommodate the permitted primary use of the lot since the grading is being conducted to re -contour the site for proper drainage and leveling of the existing pad area Section 11: 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 12: 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 921 and Grading Permit No 2271 for the construction of a new two-story residential structure measuring 5,422 square feet, at an overall height of 26 -feet, and 30 cubic yards of grading, subject to the conditions contained in Exhibit "A", attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare PASSED, APPROVED, AND ADOPTED this 26th day of June 2001, by the following vote AYES Cartwright, Clark, Long, Mueller, Paulson NOES None ABSTENTIONS None ABSENT Lyon, Vannorsdall J el jas, Alt i P re or of Pla ni ,Building and Co a Enforcement; and, Secretary to the Planning Commission & / a F D-44 Frank Lyon Planning Commission Chairman P C Resolution No 2001-15 Page 3 • P.C. RESOLUTION NO. 2001-15 EXHIBIT "A" — CONDITIONS OF APPROVAL HEIGHT VARIATION NO. 921 GRADING PERMIT NO. 2271 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 year from the date of Planning Commission approval, unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process 3. The structure shall maintain the setbacks illustrated on the plans, but in no way shall be less than the following. Front yard 20'-0" minimum (proposed: 63') Side yard: 10'-0" minimum (proposed 42' east side / 112' west side) Rear yard: 20'-0" minimum (proposed. 71'6" minimum) Height Variation: 4 The maximum overall height of the structure shall not exceed 26 -feet, or a ridge elevation of 615 50' as measured from pad elevation of 589.50', which is the finish pad elevation. The finish pad elevation shall be no less than 589.50', and the maximum ridgeline elevation shall be no greater than 615.50'. FINISH PAD ELEVATION CERTIFICATION IS REQUIRED PRIOR TO CONSTRUCTION OF THE RESIDENCE AND RIDGE HEIGHT CERTIFICATION IS REQUIRED. 5. The proposed structure size of the residence approved with this permit is limited to 5,422 square feet, which includes the attached three -car garage. Specifically, a total garage size of 588 square feet and a total living area of 4,834 square feet, which includes a 2,530 square foot first story living area and a 2,304 square foot second story living area. Any future additions are subject to a finding of neighborhood compatibility. P.C. Resolution No. 2001 -15 Exhibit "A" — Conditions of Approval Page 1 6 At a minimum, the residence shall maintain a 2 -car garage, with each space independently accessible and each measuring a minimum of 9 -feet wide by 20 -feet deep, and maintain a minimum vertical clearance of 7 -feet. 7 Any future additions, conversions and modifications shall require separate Planning Department review and approval. Gradm_g 8 The maximum amount of overall earth movement (grading) approved with this permit is limited to 30 cubic yards. 9. No slopes greater than 2:1 shall be created Miscellaneous. 10 The proposed fencing on the site shall be limited to a maximum height of 6 -feet. Further, the fencing along the rear slope shall be located in such a manner that the top of the fence is not higher than the pad elevation of the adjacent property to the rear (south). 11 No grading, construction, improvements, etc is approved on the sloped portions of the property 12. No grading, construction, improvements, encroachments, fencing, etc. is allowed within the designated "Flood Hazard Area" or within the 10 -foot -wide easement along the northern property line 13 Any fencing constructed over the existing retaining walls along the driveway shall not result in an overall height that exceeds 8 -feet, as measured from adjacent lowest grade 14. The existing retaining wall at the rear of the existing building pad shall not be modified such that the height is increased, and shall not be replaced or extended. Stucco, plaster, and/or other cosmetic improvements are permitted 15 A garden wall less than 3 -feet in height is permitted at the rear of the pad that parallels the existing retaining wall. 16. Due to the RS -2 zoning of the subject property, a maximum lot coverage of 40% is permitted (proposed. 13.15%), which includes the building footprint, driveways and P.C. Resolution No. 2001 -15 Exhibit "A" — Conditions of Approval Page 2 parking areas, covered patios and trellises, decks measuring 30 -inches or greater, and courtyard areas 17. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 18. Any improvements encroaching onto the Via Campesina right-of-way shall require permits from the City of Palos Verdes Estates. 19. 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. 20 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 21. The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback. 22. The property shall be temporarily enclosed with a six (6-0") foot high chain-link fence during the length of construction of the residential structure 23 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 shall achieve substantially the same results as would strict compliance with said plans and conditions P.C. Resolution No. 2001 -15 Exhibit "A" — Conditions of Approval Page 3