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PC RES 2003-012P.C. RESOLUTION NO. 2003-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO CONDITIONAL USE PERMIT NO. 23 AND A GRADING PERMIT (CASE NO. ZON2002-00368), THEREBY ALLOWING 561 CUBIC YARDS OF GRADING AND THE CONSTRUCTION OF A 7,204 SQUARE FOOT SINGLE FAMILY RESIDENCE, FOR PROPERTY LOCATED AT 2930 VISTA DEL MAR WHEREAS, on July 12, 1977, the Planning Commission adopted P.0 Resolution No 77-13, approving Conditional Use Permit No. 23. This Conditional Use Permit allowed the Residential Planned Development, which set forth the development standards for the Seacliff Hills community WHEREAS, on July 23, 2002, the applicant submitted an application for a revision to Conditional Use Permit No. 23 and a Grading Permit This application is a request to construct a 7,204 square foot single-family residential dwelling unit, grade 561 cubic yards (253 cubic yards of cut, 308 cubic yards of fill) of earth, and deviate in the maximum allowable lot coverage by 7%. These applications were deemed incomplete on August 21, 2002, due to missing and incomplete information on the application and/or on the submitted plans On January 17, 2003, the remaining information was submitted to staff; and, WHEREAS, on February 13, 2003, the applications for the revision to the CUP and Grading 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 revision to the Conditional Use Permit or the Grading 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 March 25, 2003 and 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 7,204 square foot single-family residential dwelling unit, 561 cubic yards of grading, and a 7% deviation in the maximum allowable lot coverage Section 2: The revision to Conditional Use Permit No. 23 is warranted since the site is adequate size and shape to accommodate the proposed use and for all the yards, setbacks, walls, fences, landscaping, and other features required by the Development Code or by conditions imposed to integrate said use with those on adjacent land and within the neighborhood Inasmuch as the proposal meets all of the Seacliff Hills Development guidelines, P C Resolution No 2003-12 Page 1 of 7 except the maximum allowable lot coverage, and due to the topography of the lot, the applicant is required to increase the size of the driveway; the lot is of sufficient size and shape to accommodate the use Section 3: The revision to Conditional Use Permit No. 23 is warranted since the site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use The streets in the vicinity have been designed and have sufficient capacity to accommodate traffic generated by the development of a single-family residence on the project site Section 4: The revision to Conditional Use Permit No 23 is warranted since the subject use at the specific location, will not cause a significant adverse effect on adjacent property or the permitted use thereof. The subject property, like all other properties on Vista Del mar, is intended for the development of a single-family residence. The approved revision to the building footprint will still allow the property to be developed with a single-family residence Section 5: The revision to Conditional Use Permit No 23 is warranted since the proposed use is not contrary to the General Plan The General Plan Land use designation for this property is Single Family Residential (1-2 dwelling units per acre), which is implemented by the RS -1 zone The proposed revision to the building footprint and increase in lot coverage does not alter the existing permitted land use of the property. Section 6: The revision to Conditional Use Permit No 23 is warranted since the proposed use complies with all applicable requirements the Urban Appearance Overlay Control District (OC -3), which has eight performance criteria for any development within this overlay district The proposed residence meets all of these performance criteria Section 7: The revision to Conditional Use Permit No 23 is warranted since conditions, which the Planning Commission finds necessary to protect the health, safety, and general welfare, have been imposed. As noted in Exhibit "A" of this resolution, all necessary conditions of approval have been incorporated into this approval. Section 8: 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 the construction of a new single-family residence. Section 9: The grading and/or related construction does not significantly adversely affect the visual relationships with, or the views from, neighboring properties Due to the design of the structure and the topography of the parcel, the proposed structure will project two feet above the street elevation, thereby not creating any significant view impairment. Section 10: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural The applicant has minimized the amount of grading on the property to what is required for construction of the residence and to provide access, thereby leaving the natural contours undisturbed Section 11: 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 only proposed manufactured slopes are transition slopes between the residence and the downslope retaining wall. However, the P C. Resolution No 2003-12 Page 2 of 7 F retaining wall provides a break between this manufactured slope and the natural grade of the property, thus creating a blending point Section 12: 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 13: For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17.02. Specifically, the grading is compatible with the immediate neighborhood regarding architectural style and material, bulk and mass, size, and front yard setbacks. Section 14: The grading conforms to the standards for grading on slopes and the heights of retaining walls The proposal does not include any grading over slopes greater than 50% gradient and does not include any downslope retaining walls greater than 3'-6" However, the proposed grading has a maximum height of fill of 5'-6% which exceeds the allowable standard of 5'. Nonetheless, this deviation in height of fill is warranted since the topography of the parcel causes an unusual circumstance that makes the deviation of six inches reasonable and necessary to develop the lot. 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 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 April 23, 2003. Section 20: 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 revision to Conditional Use Permit No 23 and the Grading Permit to allow for the construction of a 7,204 square foot single-family residential dwelling unit, 561 cubic yards of grading, and a 7% deviation in the required lot coverage (Case No ZON2002-00368); 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 P C Resolution No 2003-12 Page 3 of 7 PASSED, APPROVED AND ADOPTED this 8th day of April 2003, by the following vote - AYES: CARTWRIGHT, COTE, DURAN REED, LYON, TOMBLIN, CHAIR LONG ABSTENTIONS, ABSENT MUELLER I I Ro as, AICP ,cto of Planni)Bilding and Code Enforcement, and, ;ret to the PI n _ Commission 46 Thomas Long, Chairman P C Resolution No 2003-1Z Page 4 of 7 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-12) Revision to Conditional Use Permit No. 23 and Grading Permit (Case No. ZON2002-00368) General 1. Approval of this revision to Conditional Use Permit No 23 and Grading Permit 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, plies 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 In compliance with the development standards of Conditional Use Permit No 23, prior to the issuance of building permits, the applicant shall submit a landscape plan to P.C. Resolution No. 2003-12 Page 5 of 7 the Director of Planning, Building, and Code Enforcement for review and approval. The landscape plan shall include the following a) The use of vines and/or hedges to screen all of the retaining walls. If hedges are utilized, the hedges shall be maintained at a height of no greater than 42", or the top of the retaining wall, which ever is less b) Deep rooted drought tolerant plants on slopes to increase slope stabilization c) All areas of the property, which are not improved with an impervious surface, shall be landscaped 11. The property shall not be cleared of vegetation until after the landscape plan is approved by the director. Revision to Conditional Use Permit No 23- 12 The approval of this revision allows the alteration of the approved building footprint The footprint of the building shall conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department 13 Approval of this revision also allows a 7% deviation in the maximum allowable lot coverage. As such, the maximum allowable lot coverage shall not exceed 37% LOT COVERAGE 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 POURING OF FOUNDATIONS. Grading Permit 14 The approval of a Grading Permit is to allow 561 cubic yards of grading, which includes 253 cubic yards of cut and 308 cubic yards of fill Additionally, the Grading Permit allows the construction of a 7,204 square foot single-family residence on the site. 15 The proposed structure shall maintain the following minimum setbacks 20'-0" front (proposed 36'-8") 20'-0" rear (proposed 45') 10'-0" one side, 25' total (proposed- 12'-6" on both sides) SETBACK 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 POURING OF FOUNDATIONS. 16 The proposed residence shall not exceed a height of 30' from the lowest elevation where the finished grade is adjacent to the building foundation/slab (804 63) to the highest roof ridgeline (834 63), and 7 25' from the average elevation of the front setback (827 38') to the highest roof ridgeline BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL P C Resolution No 2003-12 Page 6 of 7 0 BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE BUILDING PERMIT FINAL. 17. The maximum height of retaining walls, not under the building footprint, shall be as follows • Downslope retaining wall located to the rear of the residence T-6" • Retaining walls adjacent to the driveway 2'-5" 18 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 19 Prior to building permit issuance and/or commencement of work within the public right of way, which ever occurs first, the applicant shall obtain an encroachment permit from the Director of Public Works. P C. Resolution No 2003-12 Page 7 of 7