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PC RES 2002-036A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CASE NO. ZON2002-00419, A GRADING PERMIT FOR A TOTAL OF 1,489 CUBIC YARDS OF GRADING TO ACCOMMODATE A NEW 4,826 SQUARE FOOT SPLIT-LEVEL, SINGLE-FAMILY RESIDENCE ON AN UPSLOPE FLAG -LOT LOCATED AT 29081 PALOS VERDES DRIVE EAST (PARCEL MAP 6862, LOT 2) (APN 7566-006-039). WHEREAS, on August 14, 2002, the applicant Frank Balogh representing property owner Jack and Janet Behrendt, submitted Case No. ZON2002-00419, a Grading Permit application for 1,489 cubic yards of grading to accommodate a new 4,826 square foot residence on a vacant flag -lot, and, WHEREAS, on November 20, 2002, 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 Case No ZON2002-00419 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 a new residence on a legally established lot; 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 December 10, 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: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot. The majority of the grading is to accommodate the construction of a new single-family residence and related vehicular access and site improvements on a vacant lot Since the grading is being conducted for the primary use of the lot, the proposed grading is considered necessary and not excessive. Section 2e 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 sloping lots Further, the properties to the front and sides are not oriented towards the subject property, while the property to the rear is at a higher elevation where the new residence will not project into the views from said property. Furthermore, no grading is being conducted to raise the elevation at the location of the proposed residence 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 vehicular access to the structure. Further, the number and height of retaining walls is limited to the number and height allowed by the City's Development Code, and no back- filled deck areas will be created Section 4: The grading takes into account the preservation of natural topographic features since the residence will be concentrated toward the middle of the site that is relatively flat as compared to the remainder of the sloped lot Further, outside of the building footprint, the natural contours are preserved except for minor alterations to accommodate walkways, entryways, and small yard areas that are typical of residential development. Section 5: The proposed 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 the ranch -style architecture that is prevalent in the neighborhood Furthermore, although the new residence will be the largest structure in the immediate neighborhood, the new residence will not be visible from a public right-of-way since it is a flag -lot located in an area behind the Miraleste Library, and the visible portion of the structure will contain a one-story appearance as viewed from a private road Section 6: The grading application is consistent with the purpose and intent of the Section 17 76 440 A, since it provides for the reasonable development of the parcel with a residential structure, and conforms with the standards for grading on slopes, height of cut and fill, and height and number of retaining walls. 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 Case No. ZON2002- 00419 for a Grading Permit application, thereby allowing 1,489 cubic yards of grading to accommodate the construction of a new split-level residence on a vacant upslope flag -lot, 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. Section 8: 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 January 8, 2003 P C Resolution No. 2002-40 Page AYES. Cartwright, Cote, Duran Reed, Long, Lyon, Mueller, Tomblin NOES None ABSTENTIONS: None ABSENT None Jel Rpjas, A1C Rrec,Or of Plan "in Building and Co Enforcement; and, Secretary to the Planning Commission Planning Commission Chairman P.0 Resolution No 2002- 36 Page—3 Exhibit "A" Conditions of Approval Case No. ZON2002-00419 (Grading Permit) 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 becomes null and void after one year from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process 3. Approval is for a maximum of 1,489 cubic yards of grading Specifically, 1,176 cubic yards of cut, of which 667 cubic yards is under the building footprint and 509 cubic yards is outside the building footprint, and 313 cubic yards of fill, of which 26 cubic yards is under the building footprint and 287 cubic yards is outside the building footprint. The total amount of export shall not exceed 863 cubic yards If the amount of grading exceeds the above-mentioned quantities, additional Planning Department approval shall be required. 4. The following minimum setbacks shall be maintained - Front yard: 20'-0" minimum (proposed 30'-0") Side yard- 10'-0" minimum (proposed: 10'-0" south / 18'-0" north) Rear yard: 20'-0" minimum (proposed 20'-0") SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A REAR SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS. 5 The maximum up-slope height of the structure shall not exceed 16 -feet, or a ridge elevation of 120 75', as measured from the highest preconstruction grade elevation covered by structure, which is 104 75' located at the northwest corner of the new structure Further, the maximum overall down-slope height shall not exceed 30 -feet in height, as measured from the highest ridgeline of the structure to the lowest finish grade elevation covered by the structure, which is proposed as 92.5' located along the eastern facade of the garage. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF MATERIALS. P C Resolution No. 2002-36 Page 4 6. The maximum structure size of the residence, including garage, shall be limited to a total area of 4,826 square feet Specifically, the garage and storage room lower level will contain 1,170 square feet, and the upper level habitable floor area will contain 3,656 square feet. SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT PRIOR TO FRAMING OF STRUCTURE. 7. A minimum two -car garage shall be maintained, with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9 -feet -wide by 20 -feet -deep by 7 -feet -vertical clearance. 8. The proposed depth of cut shall not exceed nine (9) feet under the building footprint However, the building footprint shall maintain a minimum 8 -foot step. 9. No improvements, grading or structures allowed within any recorded easement without written approval and consent of the easement holder 10 The maximum driveway slope shall be limited to 20% 11 Prior to issuance of Grading Permits, the landowner shall submit a plan for hauling routes and a hauling schedule for review and approval by the Director of Public Works. All hauling trucks shall be covered so that no soil, rocks, or other debris may escape the truck during transport 12 The location and construction of the septic tank and system shall be subject to review and approval by the Building Division 13. The septic system shall maintain a minimum setback of 10 -feet from the front property line. 14. Construction of the project shall substantially conform to the plans stamped as approved by the Planning Department with the effective date of this approval. 15. Due to the subject property's location in the RS -2 zoning district, a maximum of forty (40%) percent lot coverage shall be allowed on the lot (proposed- 39%) 16 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 17. All necessary permits required by the Public Works Department shall be obtained for all work including but not limited to the driveway approach, portion of the driveway, etc that encroach into the public right-of-way 18. 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. P.C. Resolution No 2002-36 Page 5 19. The construction site and all adjacent private and public property 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 20 The maximum eave projection allowed into the required setback areas shall not exceed 6 -inches for each 1 -foot of required setback. 21 The construction site shall be temporarily enclosed with a six (6'-0") foot high chain-link fence during the length of construction of the residential structure 22 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.0 Resolution No 2002-36 Page 6