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PC RES 2003-050• • • it i •� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A GRADING PERMIT (CASE NO. ZON2002-00299), FOR PROPERTY LOCATED AT 6417 CORSINI PLACE. WHEREAS, on June 19, 2002, the applicant submitted an application for a Grading Permit and Site Plan Review, requesting to conduct 350 cubic yards of grading and construct a sports court, guesthouse, dressing room, 2,400 square foot swimming pool, and game room Staff completed the initial review of this request on July 19, 2003, at which time the application was deemed incomplete due to missing and incomplete information, which included the need for the Variance application On June 11, 2003, the applicant submitted the remaining information needed to complete the application, and, V WHEREAS, on June 18, 2003, the applications for Grading Permit, Variance, and Site Plan Review were deemed complete by Staff, and, WHEREAS, on October 15, 2003, the applicant submitted a revised project that reduced the requested grading to 315 cubic yards, eliminated the sports court and dressing room, decreased the size of the pool to approximately 2,200 square feet, and removed all structures from the extreme slope As such, the revised protect does not include the Variance and Site Plan Review applications, 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 Grading Permit will have a significant effect on the environment and, therefore, the proposed project 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 August 26, 2003, September 9, 2003, and October 28, 2003 at which time all interested parties were given an opportunity to be heard and present evidence :4 91 ! gg = No v In I I g I011111ANaM ZNVIIN! Section 1: That the approved project includes 315 cubic yards of grading, the construction of a 2,200 square foot swimming pool, 720 square foot game room, 684 square foot guesthouse, and two 12' tall trellis patio covers, Section 2: 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 accessory uses for the existing single-family residences, which have been limited to areas that are not extreme slopes. • C. ResolutionNo 200 3-50 Page of 6 fi e Section 3. The grading and/or related construction does not significantly adversely affect the visual relationships with, or the views from, neighboring properties The proposed grading and related construction does not impact views to other properties within the area Furthermore, a condition of approval has been incorporated to require a hedge be planted on the subject property to screen the project from the properties on Via La Paloma. Section 4: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural The applicant has minimized the grading to areas that are under 35% slope The remaining portions of the property will be left in an undisturbed state. Furthermore, only the use of garden walls is being proposed Section 5: 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 As noted in the previous section, the applicant has minimized the grading to areas under 35% slopes and has limited all downsloping walls to garden walls The remaining portions of the property will be left in an undisturbed state This combination will blend the grading into the natural topography of the lot Section 6: The grading will 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 7: The grading conforms to the standards for grading on slopes, heights of cut and fill, and heights of retaining walls The grading occurs on slopes of less than 35% gradient, heights of cut and fill do not exceed 5'-0", and all new downsloping walls are required through the conditions of approval to be garden walls only Section 8: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council Pursuant to Sections 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 November 12, 2003. Section 9: For the foregoing reasons and based on the information and findings included in the Staff Reports (dated August 26, 2003, September 9, 2003, and October 28, 2003), Minutes (from same said dates) and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves a Grading Permit (Case No. ZON2002-00299) which allows for 315 cubic yards of grading, the construction of a 2,200 square foot swimming pool, 720 square foot game room, 684 square foot guesthouse, and two 12' tall trellis patio covers, 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 2003-50 Page 2 of 6 PASSED, APPROVED AND ADOPTED this 28'h day of October 2003, by the following vote - AYES COTE, DURAN REED, TOMBLIN, CARTWRIGHT, MUELLER, LONG NOES NONE ABSTENTIONS NONE ABSENT LYON Jo I URoj s, A I C cto Dir o of Plan mg, Building and Code Enforcement, and, 'c ry to Se ry to the rining Commission Thomas Long, Chairman P C Resolution No. 2003-50 Page 3 of 6 Exhibit. "A" Conditions of Approval (Planning Commission Resolution No. 2003-50) Grading Permit (Case No. Z©N2002-00299) The approval of a Grading Permit is to allow 315 cubic yards of grading, which includes 269 cubic yards of cut and 46 cubic yards of fill Additionally, the Grading Permit allows the construction of a 684 square foot guesthouse, 720 square foot game room, a 56 square foot trellis patio cover and a 232 square foot trellis patio cover. 2 Approval of this 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. 3 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 4. 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. 5 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 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 project shall substantially conform to the plans stamped, and dated the effective date of this approval, approved by the Planning Department 8 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 9 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply 10 All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction 11 The proposed structures shall maintain the following minimum setbacks P C Resolution No 2003-50 Page 4 of 6 20'-0" front (proposed 141') 15'-0" rear (proposed: 42') 5'-0" side (proposed 26'-6" on north, 17' on south) SETBACK CERTIFICATION IS REQUIRED FOR THE SIDE AND REAR YARD SETBACKS. 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. 12 All of the accessory structures on the site shall not exceed a maximum height of 12', as measured from the lowest adjacent grade to the right height of the structure This condition shall apply to the guesthouse, game room, and both trellis patio covers 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. 13 All new downslope garden walls shall have a maximum height of 2'-11" There shall be no new downslope retaining walls Prior to the submittal of plans to Building Plan Check the applicant shall revise the plans, such that the wall between the diving board deck and the pool adheres to the condition 14. 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 15 Prior to issuance of building permit final, the applicant shall plant a solid hedge on the east side of the property, to the satisfaction and approval of the Director of Planning, Building, and Code Enforcement. The hedge shall be planted along the 645' contour line, as depicted on the topographical survey, which is dated October 3, 2003 and was wet stamped and signed by Charles Cummins on October 7, 2003 The hedge shall have, and be maintained with, a minimum height of five feet and a maximum height of six feet. A pedestrian gate, to provide access to the areas of the property downslope from the hedge, is permitted The location and design of the pedestrian gate shall be subject to the review and approval of the Director of Planning, Building, and Code Enforcement 16 Since grading and construction access to the site is proposed from Via La Paloma, the following provisions shall be adhered to a) Access to the residences on Via La Paloma shall not be blocked at anytime. b) Direct access to the project site from Via La Paloma is not permitted, without the review and approval of an access plan by the Planning Commission. Access to the site through the Miraleste Parks and Recreation District property and across the property located at 6415 Corsini, to the project site, is not permitted without written authorization from both property owners C) Prior to the submittal of plans to Building Plan Check, the applicant shall submit to the Director of Planning Building, and Code Enforcement written authorization from the property owner of 6415 Corsini and the Miraleste Parks P C Resolution No 2003-50 Page 5 of 6 and Recreation District giving the applicant and his contractors expressed and unfettered access across their properties for the sole purpose of grading and construction the approved project d) Grading for a construction access is expressly prohibited Pursuant to Municipal Code Section 17 76 040, grading is defined as a cut or fill of three feet or more or the movement of 20 cubic yards or more of earth If in any case grading for construction access is deemed necessary, the applicant shall apply for a revision to this Grading Permit, which shall be considered by the Planning Commission through a duly noticed public hearing e) Prior to the issuance of a building permit, the applicant shall submit, and obtain approval by the City's Geotechnical staff, a Geology and Geotechnical report and plans with a construction timeline A Geotechnical Engineer and an Engineering Geologist shall wet stamp and sign the report and plans Said report shall analyze potential impacts caused by construction access and restoration of the hillside Furthermore, the applicant shall comply with all recommendations and requirements of the report. f) Prior to the issuance of building permits, the applicant shall comply with all requirements of the National Pollution Discharge Elimination System (NPDES), to the satisfaction of the City's Building Official and the City's NPDES Consultant. This shall include, but is not limited to, storm water runoff and erosion control during construction g) Prior to the issuance of building permit final, the applicant shall restore, to the satisfaction of the Director of Planning, Building, and Code Enforcement, any and all disruption on 6415 Corsini and the Miraleste Parks and Recreation District's property, caused by the construction access This shall include restoration of all vegetation. h) Prior to the issuance of building permits or the commencement of grading, whichever occurs first, the applicant shall submit a plan to, and obtain approval by, the Director Planning, Building, and Code Enforcement, which demonstrates the location of all construction staging areas. The staging area shall be located in an area that minimizes impacts to the neighboring residents i) Construction access for pouring of gunite and concrete shall occur from Corsini Place only. 17 The guesthouse and/or game room shall not be converted to, or otherwise used as, a second dwelling unit, unless all provisions of the City of Rancho Palos Verdes Municipal Code Section No 17 10 are adhered to Prior to the issuance of Building Permits, the property owner shall execute and record a covenant on the subject property restricting the conversion of these structures without meeting the requirements of Municipal Code Section 17.10 Such covenant shall be in a form acceptable to the City Attorney and shall be recorded prior to the Certificate of Occupancy by Building and Safety 18 Prior to the issuance of building permits, the applicant shall submit a landscape plan to the Director of Planning, Building, and Code Enforcement for review and approval. Said plan shall incorporate the required hedge (see condition #15) and additional landscaping to soften the appearance of the game room, as viewed from Via La Paloma P C Resolution No 2003-50 Page 6 of 6