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PC RES 2002-007P.C. RESOLUTION NO. 2002-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING THE HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW, AND DENYING THE MINOR EXCEPTION PERMIT (CASE NO. ZON2002-00029), THEREBY PERMITTING A 4,232 SQUARE FOOT ROOM ADDITION, AND 757 CUBIC YARDS OF GRADING, FOR PROPERTY LOCATED AT 6 HEADLAND DRIVE. Whereas, on January 16, 2002, the applicant, Ms. Rosa Velazquez, submitted an application for a Height Variation Permit and Grading Permit, On February 25, 2002, additional information was submitted to the city including a Site Plan Review and a Minor Exception Permit application The applications are a request to construct a 4,232 square foot addition to an existing 4,721 square foot single-family residential dwelling unit The Height Variation and Site Plan Review are to allow the proposed addition that will measure 25 9' from the lowest elevation where the finished grade is adjacent to the building foundation/slab (702 6') to the highest roof ridgeline (728 6), and 16 5' from the highest elevation where the finished grade is adjacent to the building foundation/slab (712') to the highest roof ridgeline The Grading Permit is to allow for 447 cubic yards of cut and 310 cubic yards of fill, a total of 757 cubic yards of grading The Minor Exception Permit is to allow 41% lot coverage (40% is maximum allowable) in the RS -2 zone, and, WHEREAS, on March 27, 2002, the applications for Height Variation, Grading Permit, Site Plan Review, and Minor Exception Permit 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 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 Height Variation, Grading Permit, Site Plan Review, and Minor Exception Permit 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), and, WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 14, 2002, 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: That the approved project includes the construction of a 4,232 square foot addition to an existing 4,721 square foot single-family residential dwelling unit and 757 cubic yards of grading Section 2: The proposed site plan is consistent with the provisions of Title 17 of the City of Rancho Palos Verdes Municipal Code The additions comply with all requirements and provision of Title 17 of the City of Rancho Palos Verdes Municipal Code. PC Resolution No 2002-7 Page 1 • 4 Section 3: The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the city by obtaining 73% of the property owners' signatures within 100 feet and 43% of the signatures of the property owners' signature within 500 feet of the subject site Section 4: The Height Variation is warranted since the structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways, or equestrian trails), which has been identified in the City's General Plan or Coastal Plan, as a city -designated viewing area Section 5: The Height Variation is warranted since the proposed structure is not located on a ridge or promontory The subject property is located within a fully developed single-family residential tract. The tract is not located on a ridge or a promontory, as defined in the Municipal Code Section 6: The Height Variation is warranted since the structure is designed and situated in such a manner as to minimize impairment of a view Even though the proposed design of the addition will raise the existing ridgeline of the building two feet. However, the addition has been design to be constructed at the same level, or below, as the existing house Furthermore, there are no view impacts caused by the structure to adjoining properties Section 7. The Height Variation is warranted since there is no significant cumulative view impairment caused by granting the application As noted in the previous section the proposed addition does not impact any views from other properties Section 8. The Height Variation is warranted since the proposed structure, when considered exclusively of existing foliage, does not significantly impair a view from the viewing area of another parcel As noted in the previous two sections no view impairment to other properties is caused by the structure Section 9. The Height Variation is warranted since the proposed structure complies with all other code requirements, in as much as the proposal meets all requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code Section 10. The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character The proposed structure the proposed residence complies with the neighborhood character with respects to architectural style and materials, scale of the surrounding residences, and front yard setback. Section 11. The Height Variation is warranted since the proposed structure does not result in an unreasonable infringement of the privacy of the occupants of abutting residences The design of the house is such that it maintains a single story appearance so that the house does not look down into neighboring yards and/or homes. Furthermore, the property is of sufficient size so that all building setbacks exceed what is required by the development code Section 12: The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Chapter 17 96 of the Municipal Code The permitted primary use of the property is single-family residential The grading permit is to allow an expansion of the single-family residence P C Resolution No 2002-7 Page 2 of 4 Section 13: the grading and/or related construction does not significantly adversely affect the visual relationships with, or the views from, neighboring properties. As noted in Sections 6, 7, and 8, there will be no view impairment with the proposed project. Section 14: The nature of the grading minimizes disturbances to the natural contours and finished counters are reasonably natural. The finished contours have been designed to reasonably match the natural contours of the property and do not constitute a reasonable alteration to the natural topography. Section 15: The grading takes into account the preservation of natural topographical features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into natural topography. The proposed grading has been sculpted as to reasonably match the natural contours and preserve a natural appearance in the rear yard. Section 16: For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17.02. As noted in Section 10, the proposed additions meets all the criteria needed to consider the residence compatible with the character of the neighborhood. Section 17: The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The vegetation that exists in the proposed grading area consists primarily of ivy, jacaranda trees, and grass. The ivy, jacaranda trees and grass are not considered part of the natural vegetation of the area and do not serve as a wildlife habitat. Section 18: Grading conforms to the standards for grading on slopes. The development code limits grading over extreme slopes (slopes greater than 35%). The proposal does not include any grading over any extreme slopes. Section 19: The grading does not meet the Municipal Code standards for height of cut and height of retaining walls, but is warranted since the first eight criteria have been met (Sections 12 through 18); the requested grading is consistent with the purpose of Municipal Code Section No. 17.76.040, since the grading is being proposed, in conjunction with the conditions of approval, provide reasonable development of land, ensure the maximum preservation of the scenic character of the area, ensure that the development of properties occurs in a manner harmonious to adjoining properties, and that the project complies with the goals and polices of the General Plan; the grading permit will not constitute a special privilege with the limitations upon other properties in the vicinity; and granting the Grading Permit will not be detrimental to the public safety, nor to other property. Section 20: The Minor Exception Permit is not warranted by practical difficulties, or an unnecessary hardship, or is necessary to avoid inconsistencies with the general intent of the zoning code. The maximum allowable lot coverage for the RS-2 zone can be met by reducing the size of the driveway or redesigning and/or reducing the building to meet the lot coverage. Section 21: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040, 17.74.060, 17.66.060, 17.70.030, 17.76.040(H) and 17.80.070 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 May 29, 2002. P.C. Resolution No. 2002-7 Page 3 of 4 Section 22: 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 the Height Variation, Grading Permit, Site Plan Review to allow for the construction of a 4,232 square foot room addition and 757 cubic yards of grading and denies the Minor Exception Permit (Case NO. ZON2002-00029), 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 in the area. PASSED, APPROVED AND ADOPTED this 14th day of May 2002, by the following vote. AYES Commissioners Cote, Duran Reed, Lyon, Mueller, Tomblin, Vice Chairman Long Chairman Cartwright NOES NONE ABSTENTIONS. NONE oel ojas, A P Eire for of PI nn g, Building and Code Enforcement; and, retary to the Planning Commission ( -C-4- Jon S. Cartwright, Chairman P.C. Resolution No. 2002- 7 Page 4 of 4 Exhibit "A" Conditions of Approval (Planning Commission Resolution No 2002-7) Height Variation, Grading Permit, and Site Plan Review (Case No. ZON2002-00029) General 1 The applicant/property owner shall submit to the City a statement, in writing that they have read, understand and agree to all conditions of approval listed below Failure to provide said written statement within ninety (90) days of the effective date of approval shall render this approval null and void 2 The approval shall become null and void after 180 days from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17 86 070 of the City's Development Code This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant. 3 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions 4 The applicant shall submit three sets of plans to the Planning Department, for approval, that reflect the approved portions of the application only The driveway and parking areas shall be revised so that the property shall conform to the lot coverage requirements of the RS -2 zone 5 Permitted hours of construction are 7 00 a m to 7 00 p m Monday through Saturday No work is permitted on Sundays or legal holidays 6 The project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department. 7 The construction site, adjacent public and private properties, and streets 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, appliances or other household fixtures 8 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 9 All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction 10. Based on a site visit, Staff found that there is foliage on the subject property that exceeds sixteen (16) feet in height and significantly impairs views from neighboring properties. Therefore, prior to the issuance of building permits the California Pepper Tree (Schinus molle) located on the southwest corner of the lot shall be trimmed such that the Director of Planning, Building, and Code Enforcement finds that there is no longer any significant view impairment from 98 Headland Drive. The property owner shall, at his/her own expense, maintain the tree in this trimmed manner, so that it does not cause significant view impairment to other properties. 11. The approved project shall maintain a maximum 40% lot coverage. 12.All structures located within the required twenty (20) foot front yard setback area shall not exceed a height of forty-two (42) inches in height 13. The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 14 The proposed structure shall maintain the following minimum setbacks, 15'-0" rear (proposed 89'-0") 5'-0" side (proposed 9'-3" on north and 33'-6" on south) 20'-0" front (proposed. 50'-11 ") 15. CERTIFICATION OF THE LOCATION AND SIZE OF ALL DRIVEWAYS AND PARKING AREAS SHALL BE PROVIDED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. SAID CERTIFICATION SHALL BE SUBMITTED TO THE DIRECTOR OF PLANNING BUILDING AND CODE ENFORCEMENT, FOR REVIEW AND APPROVAL, PRIOR TO THE POURING OF THE DRIVEWAYS AND PARKING AREAS. Height Variation 16 The proposed Height Variation is for a 1,924 square foot two-story addition on the southeast corner of the existing house and a 412 square foot two-story on the east side of the house 17. The proposed additions shall not exceed 25.9', as measured from the lowest elevation of building pad covered by structure to highest ridge of building BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE BUILDING PERMIT FINAL. P C. Resolution No. 2002-7 Exhibit "A" - Conditions of Approval Page 2 of 3 Site Plan Review 18.Approval of Site Plan Review is for the construction of 476 square foot single story addition to the southwest corner of the house, a 979 square foot single story addition to the northwest corner of the house, and a 441 square foot addition to the northeast corner of the house. 19.The pool equipment and surrounding screening wall shall not exceed six feet in height and maintain a minimum three foot setback from the side and rear property lines. 20.The fountain located on the north side of the residence shall not exceed 12-feet in height. Grading Permit 21.Grading shall not exceed 447 cubic yards of cut (160 cubic yards under the building and 287 cubic yards outside the building footprint); and 310 cubic yards of fill (11 cubic yards under the building and 299 cubic yards outside the building foot print) for a total of 447 cubic yards of grading. 22.The new retaining along the south property line shall not exceed 8.4-feet tall, as measured from the lowest adjacent finished grade to the top of the wall. 23.In order to mitigate visual impacts from the Headland Drive of the proposed retaining wall, the applicant shall provide sufficient landscaping within the front yard and on the south side of the house. Prior to the issuance of building permits, the applicant shall submit a landscape plan to the Director of Planning, Building, and Code Enforcement for review and approval. The landscape plan shall include the following. a) A minimum three-foot landscape area shall be provided into of the north/south retaining wall, which is located on the south side of the residence. This will require the proposed fence located on top of the retaining wall to be relocated a minimum of three feet to the west. A hedge screen shall be planted in this landscape area. Said hedges shall not be allowed to exceed the height of eight feet, as measured from the top of the retaining wall. b) Low bushes shall be planted within the front yard to assist in screening the garage access area, located on the south side of the residence, from Headland Drive. P.C. Resolution No.2002-7 Exhibit"A"—Conditions of Approval Page 3 of 3