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PC RES 2003-008 • P.C. RESOLUTION NO. 2003-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING WITH CONDITIONS HEIGHT VARIATION, GRADING PERMIT, AND VARIANCE CASE NO. ZON2002-00199, FOR THE CONSTRUCTION OF 223 SQUARE FEET OF FIRST STORY ADDITIONS AND 1,991 SQUARE FEET OF SECOND STORY ADDITIONS, AND THE GRADING OF 150 CUBIC YARDS, FOR PROPERTY LOCATED AT 31018 MARNE DRIVE. WHEREAS, on April 23, 2002 an application for Height Variation Case No. 2002-00199 was submitted to the Planning Department to allow the construction of 223 square feet of first story additions and 1,991 square feet of second story additions; and, WHEREAS, on June 27, 2002 an application for Grading Permit to allow the grading of 150 cubic yards was submitted to the Planning Department; and, WHEREAS, on January 30, 2003 the subject applications were deemed complete for processing by Staff; and, WHEREAS, on January 30, 2003 the required public notices for the March 11, 2003 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a notice was published in the Peninsula News on February 1, 2003; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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, Variance and Grading Permit Case No. ZON2002-00199 would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 1, Section 15303(a)); and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on March 11, 2003, at which all interested parties were given the 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: 0 411 Section 1: The applicant successfully completed the Early Neighborhood Consultation process by obtaining 32 of the 47 properties within the 500' radius, which is 68%. Section 2: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views. Section 3: The subject lot is located on a manufactured slope that was created at the time the building pads for the subject tract were graded and is not located on a ridge or promontory, as defined by the City's development Code. Section 4: Because of the pad elevation of the surrounding properties, the surrounding residences do not contain views in the direction of the subject property, therefore, the proposed addition will not significantly impair a view from the viewing area of another parcel. Section 5: The proposed project will not create cumulative view impairment since the residences in the immediate neighborhood contain unobstructed views of the ocean, and if the 4 closest residences to the subject property were to construct second story additions, the surrounding residences will still contain a view of the ocean. Section 6: The proposed addition is designed in such a manner to minimize impairment of a view since the proposed addition is not within the line of site from the main viewing area of the adjacent properties or the viewing area of any property located within the vicinity of the subject property. Section 7: With the approval of the Variance to allow the residence to maintain a 3'-0" hillside setback on the south side, the proposed additions will comply with all the residential development standards for a RS-2 zoning. Furthermore, in addition to obtaining Planning approval, building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code. Section 8: Although the proposed structure at 6,681 square feet will be almost twice as large as the average size of surrounding residences found in the neighborhood, the subject lot is a flag lot, removed from the surrounding properties, therefore, the proposed structure does not appear to be very large when compared to the surrounding residences. Although the proposed residence will be visible from Hawthorne Blvd. when traveling northbound, other residences that appear to be larger are also visible from Hawthorne Blvd. Section 9: The proposed architectural style of the structure will be compatible with the architectural style found in the neighborhood, since the neighborhood does not contain only one architectural style, but many different PC Resolution 2003-08 Page 2 of 5 0 • architectural styles. Additionally, the proposed galvanized roof will be required to be a non-reflective roof material, so as to blend in with the other roof materials found in the neighborhood. Section 10: The proposed second story addition will not result in an unreasonable infringement of privacy because the applicant is proposing to plant a hedge along the south side yard, and with the hedge, the property owner will not have a direct view of the rear yard and the residence located on property to the south. The requirement to maintain the foliage to obstruct direct view of the neighbors to the south will run with the land. Section 11: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot because the applicant is grading the slope located on the north side yard to meet the hillside setback requirement, which is currently not in compliance with the development code standard. The grading is not proposed for any addition that extends beyond the existing residence's footprint. Section 12: The proposed grading and/or related construction does not significantly adversely affect the visual relationship with, nor the views from, neighboring properties because the grading and the related retaining wall are proposed at the toe of the slope which is not visible from any surrounding properties. Section 13: The nature of the grading minimizes disturbance to the natural contours because most of the grading is proposed at the toe of the slope where it is currently flat, and the resulting retaining wall will be similar in height as the existing retaining wall. Section 14: The grading takes into account the preservation of the natural topographic features and appearances, since most of the slope will be preserved. Specifically, the slope is approximately 60'-0" wide, and the proposed grading is proposed to cut an average of 10'-0" into the existing slope, at an area where it is mostly flat. Section 15: No grading is being proposed on slopes exceeding thirty five percent slope. Section 16: No finished slopes greater than thirty five percent are being created under this grading permit. Section 17: No portion of the proposed grading exceeds a depth of five feet. Section 18: No portion of the proposed grading is being proposed on a slope exceeding fifty percent gradient. PC Resolution 2003-08 Page 3 of 5 Section 19: The proposed upslope retaining wall varies from O'-O" to 5'-0" in height, as such, in compliance with 17.76.040(E)(9)(e). Section 20: The requested Variance is warranted to allow the residence to maintain the non-conforming hillside setback because the subject property was developed prior to the City's hillside setback requirement, and the applicant is required to comply with the hillside setback requirement because the remodel involves the removal of more than fifty percent of the existing walls, however, the wall which is encroaching into the required hillside setback is not proposed to be removed. Section 21: The requested Variance is warranted to allow the residence to maintain the non-conforming hillside setback because many residences in the immediate neighborhood are built on hillsides and since this portion of the residence is an existing portion that is not proposed to be removed, nor added on, therefore approval of the Variance is necessary for the preservation and enjoyment of the existing residence, a substantial right of the applicant, which is possessed by other property owners under like conditions. Section 22: The requested Variance is warranted to allow the residence to maintain the non-conforming hillside setback because the residence was constructed in 1978 and has been in existence for 25 year, and has not posed as a problem in the past nor does it pose as a problem currently. Section 23: The requested Variance is warranted to allow the residence to maintain the non-conforming hillside setback because the General Plan land use designation for the neighborhood within which the subject property is located is Residential, 2-4 DU/acre. The development of additions for single-family residences is consistent with this underlying land use designation. In addition, the improvements are not inconsistent with the General Plan's goals and policies, therefore, Staff believes that granting the Variance will not be contrary to the City's General Plan, and this finding can be made. Section 24: A Notice of Decision shall be given to the applicant and to all interested parties informing them of the Planning Commission's decision. Section 25: Any interested party 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 adoption of this resolution. Section 26: 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 approved PC Resolution 2003-08 Page 4 of 5 1110 with conditions Height Variation, Variance and Grading Permit Case No. ZON2002-00199, thereby approving with conditions the construction of 223 square feet of first story additions, the construction of 1,991 square feet of second story additions, and the grading of 150 cubic yards. PASSED, APPROVED, AND ADOPTED this 25th day of March, 2003, by the following vote: AYES: Commissioners Long, Tomblin, and Cartwright NOES: Commissioner Duran Reed, and Chairman Long ABSTENTIONS: Commissioner Cote ABSENT: Vice-Chair Mueller / Thomas Long Chairman _dgiumme6111. Joel Ro' .s, ICP Directo of P :nnin. : ilding and Coo e E orcem- ; and, Secretary o the Planning Commission PC Resolution 2003-08 Page 5 of 5 Exhibit "A" Conditions of Approval Height Variation, Variance, and Grading Case No. ZON2002-00199 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 one (1) 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, 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 abandonment or non-use of this approval after a period of one (1) year shall terminate the approval and any privileges hereunder shall become null and void. 4. 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. 5. The project shall substantially conform to the plans stamped approved with the effective date of this approval. 6. 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. 7. The construction site and adjacent public and private properties 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. 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 soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance. 10.A11 applicable permits required by the Building and Safety Division shall be obtained by the applicant. 0 0 11.Based on a site visit, Staff determined that there is no foliage on the subject property that exceeds sixteen (16) feet in height and significantly impairs views from neighboring properties. Therefore, Staff finds that no foliage shall be removed under this application request. 12.Approval of Height Variation (Case No. ZON2002-00199) allows for the construction of 223 square feet of first story additions and 1,991 square feet of second story additions to an existing 4,410 square foot residence (including a three-car garage). 13.The total square footage of the proposed structure shall not exceed 6,624 square feet. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 14. The roof material is proposed to be a galvanized roof. The roof material shall be non-reflective. The specific roof material and color shall be approved by the Director of Planning, Building and Code Enforcement PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT. 15.Thero osed additions are proposed to be constructed at a maximum height of p p 24.97', as measured from the finished grade adjacent to the lowest foundation (141.61') to the highest ridge (166.58'), and 23.84', as measured from the highest elevation to be covered by structure (142.74') to the highest ridge. The additions located above the garage (on the west) shall not exceed a height of 23.97', as measured from the finished grade adjacent to the lowest foundation (141.61') to the highest ridge (165.58'), and 22.84', as measured from the highest elevation to be g covered by structure (142.74') to the highest ridge. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION OF THE TWO STORY PORTION OF THE STRUCTURE, BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 16.The approval of the Variance Case No. ZON2002-00199 is to allow the proposed structure to maintain a 3'-0" south side yard hillside setback. 17.Thero osed structure approved under this permit shall maintain the following p p minimum setbacks: Front Yard Setback: 53'-3" Rear Yard Setback: 62'-1" Side Yard Setback (North): 63'-0" Side Yard Setback (South): 29'-3" Side Yard Hillside Setback (North): 15'-0" Side Yard Hillside Setback (South): 3'-0" Exhibit"A"—Conditions of Approval HV,VAR, and GR Case No.ZON2002-00199 Page 2 of 3 • PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, NORTH SIDE HILLSIDE SETBACK CERTIFICATION, BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 18.PRIOR TO THE FINAL OF THE BUILDING PERMITS, the applicant shall plant and maintain a hedge along the south side yard, with sufficient height and density to provide reasonable privacy to the property located at 6507 Lebec Place to the satisfaction of the Director of Planning, Building and Code Enforcement. Additionally, PRIOR TO THE FINAL OF THE BUILDING PERMITS, the applicant shall record with the County Recorders Office, a covenant that will run with the land, that said hedge will be maintained in such a manner as to provide the privacy of the property located at 6507 Lebec Drive. 19.The subject property shall not exceed a maximum lot coverage of forty (40) percent, as required by the RS-2 zoning district (proposed 26.5%). 20.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. 21.The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 22.The approval of Grading Permit Case No.ZON2002-00199 is to allow the grading of 150 cubic yards of grading. Specifically, 70 cubic yards of cut in the north side yard, and 80 cubic yards of fill to back fill the existing swimming pool in the rear yard. 23.The proposed upslope retaining wall along the north side yard varies from 0'-0" to 5'- 0" in height, and shall not exceed 5'-0" in height. No other retaining wall is proposed under this permit. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, RETAINING WALL HEIGHT CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 24.No grading is permitted on slopes exceeding 35%. 25.The proposed swimming pool shall not be located on slopes exceeding 35%. Exhibit"A"-Conditions of Approval HV,VAR, and GR Case No.ZON2002-00199 Page 3 of 3