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PC RES 2003-011P.C. RESOLUTION NO. 2003-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A COASTAL PERMIT, GRADING PERMIT, VARIANCE, AND SITE PLAN REVIEW (CASE NO. ZON2002-00189), THEREBY ALLOWING THE CONSTRUCTION OF A 12 SQUARE FOOT ADDITION, REDUCTION OF AN EXISTING SWIMMING POOL, CONSTRUCTION OF A NEW SPA WITHIN THE COASTAL SETBACK ZONE, AND 139 CUBIC YARDS OF GRADING, FOR PROPERTY LOCATED AT 8 SEA COVE DRIVE WHEREAS, on June 5, 2002, the applicant submitted an application for a Coastal Permit, Grading Permit, Variance, and Site Plan Review, a request to construct a 12 square foot addition, reduce the size of an existing swimming pool, construct a new spa, and increase the size of the driveway The Coastal Permit is to allow the project within an appealable area of the coastal zone. The Grading Permit is for 139 cubic yards (15 cubic yards of cut; 124 cubic yards of fill, including 109 cubic yards of import) of grading The Variance is to allow the new spa to be located within the coastal setback zone These applications were deemed incomplete on June 26, 2002, due to missing and incomplete information on the application and/or on the submitted plans. On, February 21, 2003 the remaining information was submitted to staff, and, WHEREAS, on March 7, 2003, the applications for the Coastal Permit, Grading Permit, Variance, and Site Plan Review were deemed complete by Staff,,and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq ("CEQN ), 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 659625(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Coastal Permit, Grading Permit, Variance, and Site Plan Review, would have a significant effect on the environment and, therefore, the proposed protect has been found to be categorically exempt under Class 1 (Section 15301), 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 April 8, 2003, 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 12 square foot room addition, reduction in the size of an existing swimming pool, construction a new spa, and increase the size of the driveway Section 2: The Coastal Permit is warranted since the proposed development is consistent with the Coastal Specific Plan The project does not increase the density, or otherwise alter, the existing residential land use, which is the primary land use within Subregion 4 of the City's Coastal Specific Plan Section 3: The Coastal Permit is warranted since the proposed development, which is located between the sea and the first public road (Sea Cove Drive), is consistent with P.0 Resolution No 2003-11 Page 1 of 5 All applicable public access and recreation policies of the Coastal Act Inasmuch as the subject property is currently improved with a single-family residence and does not provide public access the project does not impact public access, thus making the project consistent with the polices of the Coastal Act Section 4: 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 approved grading is for ancillary use to a single-family residence Section 5: The grading and/or related construction does not significantly adversely affect the visual relationships with, or the views from, neighboring properties The grading will be finished with concrete flat work or a/c paving, with no structures being proposed over the graded areas Section 6: The nature of the grading minimizes disturbances to the natural contours and finished counters are reasonably natural The grading is located on the existing building pad to back fill a swimming pool and increase the size of driveway This will not alter natural contours Section 7: 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 does not include the creation of manufactured slopes Section 8: 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 and grass, which is not considered part of the natural vegetation of the area and does not serve as a wildlife habitat Section 9: The grading conforms to the standards for grading on slopes and heights of cut and fill All grading is occurring on slopes of less than 35% and the heights of fill are needed due to the existing cut approved for the swimming pool. Section 10: The Variance is warranted since there is an extraordinary circumstance on the property The majority of the property is located within the coastal setback zone, with the remaining area located within the coastal structure setback zone. Therefore, there is no area of the property, which would allow for the addition of a spa Section 11: The Variance is warranted since it is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district As noted in the previous section, there is no section of the subject property in which the spa could be located without approval of a Variance, whereas, other properties in the vicinity and same zone have areas outside the coastal setback and coastal structure setback zones that would permit the addition of a spa Section 12: The Variance is warranted since granting the Variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. The property owner submitted a geology report, which has been reviewed and given preliminary approval by the City's geotechnical staff Said report P C. Resolution No. 2003-11 Page 2 of 5 indicates that there are no geological hazards caused by the proposed addition Additionally; all construction is required to adhere to the provisions of the California Uniform Building Code, as amended by the City of Rancho Palos Verdes. Section 13: The Variance is warranted since granting the Variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan An objective of the General Plan and Coastal Specific Plan is to allow reasonable development, which does not have a negative impact to coastal resources, within the coastal area This approval allows the development of a spa on an existing single-family residential lot, which will not impact coastal resources Section 14: The Site Plan Review is approved since the proposal meets all of the provisions of Title 17 of the Municipal Code This includes the approved deviation under the Variance Section 15: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council Pursuant to Sections 17.64.060, 17.70.030, 17 72 100, 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 April 23, 2003. Section 16: 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 construction of a 12 square foot room addition, 139 cubic yards of grading, reduction in the size of an existing swimming pool, construction a new spa, and increase the size of the driveway, which also allows for the construction of the new spa within the coastal setback zone; 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 8th day of April 2003, by the following vote, AYES- CARTWRIGHT, COTE, DURAN REED, LYON, TOMBLIN, CHAIR LONG NOES* ABSTENTIONS ABSENT MUELLER oel ojas, Al P V for of PlaUnig, Building and Code Enforcement, and, tary to thanning Commission P.C. Resolution No 2003-11 Page 3 of 5 In �1 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-11) (Case No. ZON2002-00189) General Approval of this Coastal Permit, Grading Permit, Variance, and Site Plan Review shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 2 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 3 The approval shall become null and void after one (1) year from the date of this 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 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. 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 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 The approved project shall maintain a maximum of 40% lot coverage. (Proposed 29.9%) P.C. Resolution No 2003-11 Page 4 of 5 Grading Permit 11. The approval of a Grading Permit is to allow 139 cubic yards of grading, which includes 15 cubic yards of cut and 124 cubic yards of fill Additionally, the Grading Permit allows an additional 154 square feet of driveway area and the reduction of an existing swimming pool from 742 square feet to 288 square feet. 12 Prior to building permit issuance and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a haul route from the Director of Public Works 13 Prior to the issuance of building permits and/or commencement of grading, whichever occurs first, the applicant shall obtain approval of a drainage control plan from the Director of Public Works and the City's Building Official. Site Plan Review* 14 Approval of this Site Plan Review allows the construction of a 12 square foot room addition to the northern side of the residence (front) and the construction of a new spa on the easternmost corner of the building pad 15 The proposed structure shall maintain the following minimum setbacks. 20' front (proposed 164') 15' rear (proposed 68') 5' side (proposed. 8' on northeast and 5' on southwest) 16 The addition shall not measure more than 12'-3" as measured from the adjacent grade to the roof ridgeline of the addition Variance 17 Approval of this Variance is to allow the location of a new spa within the coastal setback zone on the property P C Resolution No 2003-11 Page 5 of 5