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PC RES 2003-028w P.C. RESOLUTION NO. 2003-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION, GRADING PERMIT, COASTAL PERMIT, AND MINOR EXCEPTION PERMIT (CASE NO. ZON2002-00272), THEREBY PERMITTING THE CONSTRUCTION OF A 5,336 SQUARE FOOT SINGLE FAMILY RESIDENCE, 875 CUBIC YARDS OF GRADING, AND A DEVIATION FROM THE REQUIRED 15' REAR YARD SETBACK FOR A PROPERTY LOCATED WITHIN A NON -APPEALABLE AREA OF THE CITY'S COASTAL SPECIFIC PLAN AT 5 PACKET ROAD. WHEREAS, on June 3, 2002, the applicant submitted an application for a Coastal Permit, Height Variation, Grading Permit, and Minor Exception Permit, requesting to construct a new 5,336 square foot two story residence, with a basement, grade 875 cubic yards of earth, and encroach two feet into the required rear yard setback, for property located at 5 Packet Road. Staff completed a review of this application on June 21, 2002, at which time the application was deemed incomplete due to missing information on the application and the project plans On February 5, 2003, the applicant submitted the remaining information to staff that was needed to complete the application, and, WHEREAS, on February 25, 2003, the applications for Height Variation, Grading Permit, Coastal Permit, 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, and Site Pian Review, 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 duly noticed public hearings on May 13, 2003 and June 10, 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 5,336 square foot two story residence, with a basement, 875 cubic yards (835 cubic yards cut, 40 cubic yards fill) grading, and two foot encroachment into the required rear yard setback Section 2. The Height Variation is warranted since the applicant has complied with the early neighborhood consultation process established by the city by obtaining 100% of the property owners' signatures within 100 feet and 29 6% of the signatures of the property owners' signature within 500 feet of the subject site Section 3: The Height Variation is warranted since the structure does not significantly impair a view from public property (parks, major thoroughfares, bike ways, P.C. Resolution No 2003-28 Page 1 of 7 walkways, or equestrian trails), which has been identified in the City's General Plan or Coastal Plan, as a city -designated viewing area. The subject property is situated such that the proposed structure it is not visible from any viewing areas from public property Section 4: 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 5: The Height Variation is warranted since the structure is designed and situated in such a manner as to minimize impairment of a view The applicant has proposed to utilize the existing flat roof design and limit the second story to the rear of the proposed structure Section 6: The Height Vahation is warranted since there is no significant cumulative view impairment caused by granting the application Due to the topography in the area, should other properties in the area add second stories, they would not further degrade the view of Catalina Island. Section 7: 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 Section 8: 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 Furthermore, as noted below in Section 19, the proposed Minor Exception Permit is warranted, thus allowing the deviation in the rear yard setback Section 9: The Height Variation is warranted since the proposed structure is compatible with the immediate neighborhood character The proposed residence is consistent with the neighborhood character with respects to architectural style and materials, scale of the surrounding residences, and front yard setback Section 10: 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 residence does not create an unreasonable infringement onto the privacy of other properties Section 11: 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 single-family residence Section 12: 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 5, 6, and 7, the proposed structure does not create significant view impairment, as viewed from other properties P C Resolution No 2003-28 Page 2 of 7 Section 13: 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 slope, thereby leaving the natural contours undisturbed Section 14: 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 15: The grading and all related construction is compatible with the character of the immediate neighborhood. As noted above in Section 9, the proposed residence is consistent with the neighborhood character with respects to architectural style and materials, scale of the surrounding residences, and front yard setback Section 16: 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 17: The grading conforms to the standards for grading on slopes and heights of cut and fill; however, the grading does not conform to the standards of height of retaining walls. The proposal does not include any grading over slopes greater than 50% gradient and does not include any cuts of fill greater than five feet. Nonetheless, the proposed downslope retaining wall on the south side of the structure exceeds the standards set forth in Municipal Code 17 76 040(E)(9) Section 18: Although the proposed retaining walls do not meet all of the criteria required for approval of a Grading Permit, pursuant to Municipal Code Section No. 17 76 040(E)(10) the deviation in the criteria is warranted and the protect is approved because a) The first eight criteria Municipal Code Section No. 17 76.040 have been satisfied b) The approval is consistent with the purpose of Municipal Code Section No 17 76 040 The purpose of the chapter is to 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 protect complies with the goals and polices of the General Plan The proposed retaining wall exceeds the allowable height by six inches This additional height is needed to ensure the grade on the project site is built up adequately to allow storm water runoff drain from the site to the street This additional six-inch height will not have an impact on the scenic character of the area c) Departure of the standards will not constitute a special privilege with the limitations upon other properties in the vicinity A unique circumstance exists on the property, which is not found on other properties in the vicinity of the site, which is the property slopes with the street of access, whereas other properties in the area are pad lots Due to this circumstance, approval of the additional height for the retaining wall will not constitute a special privilege d) Departure from the standards will not be detrimental to the public safety, nor to other property The requested deviation is to allow an additional six inches in height for the P.C. Resolution No 2003-28 Page 3 of 7 T retaining wall Regardless if the wall is 3'-6" or 4' high, the building code requirements for engineering of the wall and obtaining a building permit are the same. Furthermore, approval of the retaining wall will allow the drainage from the project site to be diverted to the street Section 19: The Minor Exception Permit is warranted since the practical difficulties exist on the subject lot The rear property line is skewed, as compared to the other property lines. In order for the applicant to fit the house on the property, while minimizing view impairment, the second floor was pushed to the rear of the residence, which in turn required the corner of the rear deck to encroach two feet into the rear yard setback Section 20: The Coastal Permit is warranted since the proposal is consistent with the City's Coastal Specific Plan The subject property is located within Subregion No. 4 of the City's Coastal Specific Plan, which has a primary land use of single family residential The project is for a single-family residence, thus making it consistent with the Specific Plan 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 66 060, 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 July 9, 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 Height Variation, Grading Permit, Coastal Permit, and Minor Exception Permit to allow for the construction of a 5,336 square foot two story residence, with a basement, 875 cubic yards (835 cubic yards cut, 40 cubic yards fill) grading, and two foot encroachment into the required rear yard setback (Case No. ZON2002-00272), 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 24`h day of June 2003, by the following vote AYES COTE, TOMBLIN, MUELLER, CHAIR LONG NOES DURAN REED ABSTENTIONS CARTWRIGHT ABSENT LYON Jkcretary CP DPI nni g, Building and Code Enforcement, and, o t fanning Commission Thomas Long, Chairman P C. Resolution No 2003-28 Page 4 of 7 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2003-28) Height Variation, Grading Permit, Coastal Permit and Minor Exception Permit (Case No. ZON2002-00272) General 1. Approval of this Height Variation, Grading Permit, Coastal Permit, and Minor Exception 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 protect 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 Budding and Safety Division shall be obtained by the applicant prior to the commencement of construction 10 Prior to budding permit issuance, commencement of onsite grading, and/or commencement of work within the public right of way, which ever occurs first, the P C Resolution No 2003-28 Page 5 of 7 applicant shall obtain an encroachment permit from the Director of Public Works Height Variation 11 The approval of a Height Variation is to allow for the construction of a 5,336 square foot two story single-family residence The residence consists of a 1,056 square foot basement, 2,828 square foot first floor, and 1,452 square foot second floor. The second floor is located to the rear of the first floor 12 The proposed structure shall maintain the following minimum setbacks 13'-0" rear (proposed. 15' for fagade, 13' for balcony) 5'-0" side (proposed 10' north, 14' south) 20'-0" front (proposed. 22') 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 13 The approved project shall maintain a maximum 50% lot coverage (Proposed- 35%) 14. The proposed residence shall not exceed a height of 23.5' from the lowest elevation where the finished grade is adjacent to the building foundation/slab (82 5') to the highest roof ridgelme (106'), and 15.5' from the highest elevation where the finished grade is adjacent to the building foundation/slab (905) to the highest roof ndgeline 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. Grading Permit 15 The approval of a Grading Permit is to allow 875 cubic yards (835 cubic yards of cut and 40 cubic yards of fill) of grading. Additionally, this Grading Permit allows the construction of a 3 7' tall upslope retaining wall to the rear of the residence and a combination wall (the maximum height of retaining portion is four feet), along the south property line 16 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 17. A sewer easement is located along the north property line Prior to building permit issuance and/or commencement of grading, whichever occurs first, applicant shall submit to the Director of Planning, Building, and Code Enforcement, written approval from the easement holder for all improvements that are proposed within the sewer easement. Said improvements shall include, but may not be limited to, grading, garden walls, decking, and foundations 18 The proposed combination wall along the south property line shall not exceed eight feet tall (four foot retaining, four foot freestanding), as measured from the lowest adjacent grade. The submitted plans shall be modified to reflect this requirement prior to the P C Resolution No. 2003-28 Page 6 of 7 issuance of building permits. Inasmuch as access to the property on the south side of the subject property (7 Packet Road) may be required for construction of this wall, prior to building permit issuance and/or commencement of grading, whichever occurs first, applicant shall submit to the Director of Planning, Budding, and Code Enforcement, written approval from the property owner of 7 Packet Road granting access for the construction of this wall Minor Exception Permit 19 The approval of a Minor Exception Permit allows the second floor balcony to encroach two feet into the rear yard setback. 20. Only the second floor balcony of the residence is permitted into the setback, the remaining portions of the structure shall meet the required 15' rear yard setback P C. Resolution No 2003-28 Page 7 of 7