Loading...
PC RES 2007-031 P.C. RESOLUTION NO. 2 07-31 RESOLUTION THE PLANNING ISI F THE CITY OF RANCHO PALOS VE DES RECOMMENDING THAT THE CITY COUNCIL CONDITIONALLY APPROVE VESTING TENTATIVE TRACT MAP 67532, COASTAL PERMIT, VARIANCE, AND GRADING PERMIT T ALLOW THE FOLLOWING: A LAND DIVISION OF A 1.42-ACRE LOT INTO FIVE (5) SINGLE-FAMILY RESIDENTIAL LOTS WITH NONCONFORMING LOT DEPTHS RANGING FROM 91' TO 9 ', ALLOW GRADINGE TO ACCOMMODATE THE CONSTRUCTION THE PROPOSED RESIDENCES ON LOTS 1 AND 2, AND DENY WITHOUT P JU IC IN PROPOSED TO ACCOMMODATE THE CONSTRUCTION OF THE RESIDENCES PROPOSED ON LOTS 3,4,AND 5, AND DENY WITHOUTP JU IG , CASE NOS.Z 2006-00160-12, ALSO N AS HEIGHT VARIATION PLICATI N FOR THE RESIDENCES P SE LOTS 3, 4, AND 5, ON AN EXISTING VACANT L T LOCATED ON THE EST SIDE OF NANTASKET DRIVE, BETWEEN E VIEDRIVE AND SEACOVE DRIVE. WHEREAS, on July 11, 2005, Dana Ireland, the Applicant, submitted a General Plan Amendment Initiation Request application, Case No. ZON2005-00359, proposing to amend the General Plan Land Use Designation and Coastal Specific Plan Land Use Designation to change the zoning for the subject site from the existing Commercial Recreational (CR) to Single-Family Residential, 2-to-4 dwelling units per acre (RS-4); and, WHEREAS, on August 10, 2005, the subject GPAIR application for Case No. ZON2005-00359 was deemed complete by Staff upon submittal of the required information; and, WHEREAS, on October 4, 2005, the subject GPAIR application was presented to the City Council, at which time, the City Council opined that changing the subject site's General Plan's Land Use Designation from CR to RS-4 may be conducive to making the use of the subject site more consistent with the adjoining Single and Multi-Family residential areas in keeping within the vision of the City's founders. The City Council moved to allow the applicant to proceed with the General Plan Amendment process by a vote of 4-0 (Councilman Clark recused himself, citing his friendship with the Applicant); and, WHEREAS, on October 13, 2005, the Applicant submitted applications for General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit, Variance, and Environmental Assessment to change the land use from Commercial Recreational (CR)to Single-Family Residential, two-to-four dwelling units per acre (RS-4), to change the zoning on the subject site from CR to RS-4, and divide the site into five single-family residential lots, henceforth known as Case No. ZON2005-00536; and, WHEREAS, on November 11, 2005, November 30, 2005, and March 21, 2006, the applications submitted for Case No.ZON2005-00536 were deemed incomplete pending the submittal of additional information; and, WHEREAS, on March 23, 2006, the Applicant submitted Grading Permit and Height Variation applications referred to as Case Nos. ZON2005-00178 through ZON2005-00182, expressing his intent to submit plans for five single-family residences on the five proposed lot division of the subject site, to be processed in conjunction with Case No. ZON2005- 00536; and, WHEREAS, on April 3, 2006 and May 3, 2006, the applications submitted for ZON2005-00536 and ZON2005-00178182 were deemed incomplete pending the submittal of additional information and the construction of required project silhouettes; and, WHEREAS, on August 23, 2006, after the submittal of all required material and the verification of silhouette construction and certification for the five proposed residences,the applications were deemed to be complete for processing; and, WHEREAS, pursuant to the provision of the California Environmental 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Case No.ZON2005-00536, otherwise known as General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit, Variance, Grading, and ZON2006-00178182, otherwise known as Height Variation applications for the five single-family residences proposed on Lots 1 through 5, would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Mitigated Negative Declaration and Initial Study were prepared on August 23, 2006 and circulated for public review between August 23, 2006 and September 25, 2006; and, WHEREAS, in accordance with the requirements of the CEQA, a Mitigation Monitoring program has been prepared, and is attached to the Environmental Assessment and Resolution as Exhibit "A"; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on September 26, 2006, at which time the Planning Commission approved Staff's request to: review and provide comment on the proposed General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit, Variance, and the Environmental Assessment; continue the public hearing meeting to November 14, 2006, to review the Grading and Height Variation applications for the proposed five residences, since Staff was not able to conduct view analyses of the proposed project, which is a required component P.C. Resolution No. 2007-31 Page 2 of 10 of Grading and Height Variation applications; receive any public testimony and prepare responses to comments received after the date the September 26, 2006 staff report was prepared; and, WHEREAS, the Planning Commission held a public hearing on November 14, 2006, at which time all interested parties were given an opportunity to be heard and present evidence. At said meeting, the Planning Commission directed Staff to: refine the Neighborhood Compatibility Analysis by including the adjacent multi-family residential development, which was rezoned after the City's incorporation to RS-4 (the Villas Apartments), and five single-family residences along Sea Cove Drive in the RS-1 zoning district (one dwelling unit per acre); provide information on the applicable "by-right" height on the subject site, be it Commercial Recreational "by-right" height or a Single-Family Residential "by-right" height; and, confirm whether any of the proposed lots are"sloping"or "pad" lots. The Planning Commission directed the Applicant to mark on each silhouette pole where the 16'-high by-right height mark is, and continued the public hearing to January 9, 2007, to allow Staff and the applicant to present these findings; and, WHEREAS, the Planning Commission held a public hearing on January 9, 2007 meeting, at which time all interested parties were given an opportunity to be heard and present evidence. At that time the Applicant provided certified slope analysis performed by the Applicant's engineer, Bolton Engineering Corporation, to demonstrate that the buildable area on Lots 1, 2, and 3 contain a slope greater 5%, but less than 35%, thereby establishing these lots as sloping lots entitled to 16'/30' building height envelope in the event the proposed land use change from CR to RS-4 is approved. Consequently, since the heights proposed for residences on Lots 1 and 2 are within the 16730' building height envelope, approval of a Height Variation application for the residences proposed on Lots 1 and 2 is no longer necessary. Therefore, Case No. ZON2006-00178 and 179 (Height Variation applications) have been omitted from the application packet (consisting of Case No. ZON2005-00536 and Case Nos. ZON2005-00178182). At the same meeting, the Planning Commission directed Staff to solicit the City Attorney's determination on the appropriateness of revising the Neighborhood Compatibility analysis to include the eight Villas Apartment structures in the RS-4 zoning district and five single-family residences along Seacove Drive in a RS-1 zoning district as part of the neighborhood compatibility analysis for this application. Further, the Planning Commission instructed the Applicant to reconstruct the collapsed silhouettes of the proposed residences on Lots 3, 4, and 5 to ensure Staff may conduct adequate view analyses from the viewing area of 6619 Beachview Drive. The Planning Commission continued the public hearing to March 13, 2007, to allow Staff and the Applicant an opportunity to address the Commission's instructions; and, WHEREAS, the Planning Commission held a duly noticed public hearing on March 13, 2007, at which time all interested parties were given opportunities to be heard and present evidence. At the meeting, the Planning Commission made a determination that the subject site is an in-fill site surrounded by different land uses, such as the Terranea Resort Hotel, the nonconforming multi-family residential Villas Apartment, single-family residences in an RS-1 and RS-4 zoning districts, and, therefore, is a neighborhood unto itself; and P.C. Resolution No. 2007-31 Page 3 of 10 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Vesting Tentative Tract Map No. 67532. Subject to approval of the General Plan Amendment, Zone Change, and Coastal Specific Plan Amendment, the Planning Commission hereby recommends approval of Vesting Tentative Tract Map No. 67532 to allow for a division of the subject 1.42-acre lot into five (5)single-family residential lots for the following reasons: A. In the event the proposed General Plan Land Use change from Commercial Recreational to Single-Family Residential, two-to-four dwelling units per acre and zone change from CR to RS-4 is approved by the City Council, the subject site shall be located in an RS-4 zoning district. The existing vacant land designated in this density range has low to moderate physical and social constraints, and the proposed density is compatible with the adjacent existing densities. B. The subject application would permit the division of a 1.42-acre lot into five (5) residential lots. The proposed lots will maintain a minimum lot area of 10,000 square feet and a minimum contiguous lot area of 3,300 square feet, as required by the City's Development Code and Subdivision Ordinance for lots located within the designated RS-4 zoning district. C. The subject site is physically suitable for the proposed project and density of development in that the proposed subdivision will result in five residential lots that will each have a gross lot area that exceeds the 10,000 square foot minimum area required by the City's Development Code for the RS-4 zoning district. Further, the proposed lots will exceed the minimum 3,300 square feet of contiguous land requirement. The proposed contiguous lot area of each lot will be large enough to accommodate a residence that complies with the standards set forth in the City's Development Code for an RS-4 zoning district, as it pertains to structure size, lot coverage, and setbacks. D. The proposed division of land will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. According to the City's most recent Natural Communities Conservation Plan (NCCP), no Coastal Sage Scrub habitat or sensitive species have been identified on the subject property. Further, the proposed Initial Study determined that the potential impacts to the surrounding environment would not result in a significant effect that cannot be mitigated to a level of insignificance with the appropriate mitigation measures. E. The proposed division of land will not cause serious public health problems. The proposed residences will have to be constructed in P.C. Resolution No. 2007-31 Page 4 of 10 conformance with the recommendations of the City's Geotechnical Consultant who has reviewed the proposed division of land site plan during the planning stage and identified no significant concerns at this time. Further review of geotechnical reports will be required prior to the issuance of grading permits and at the time the lots are developed. Additionally, the applicant will also be required to make certain public improvements to ensure that the residential development will not be detrimental to the public's health and safety as set forth in the Litigation Monitoring Program, Exhibit "A", attached hereto, and incorporated into the scope of the proposed project. F. The proposed division of the land will not be in conflict with the easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Inasmuch as the applicant was successful in eliminating two (2) 60'-wide access easements on the northernmost end and the southernmost end of the subject site under the ownership of the Palos Verdes Peninsula Unified School District with a quitclaim deed, and the applicant's request for the City's 30' wide access easement on the northernmost end of the lot (overlapping said PVPUSD easement)to be quitclaimed must be approved by the City Council prior to the recordation of the Final Map. Section 2: Coastal Permit. Subject to approval of the General Plan Amendment, Zone Change, and Coastal Specific Plan Amendment, the Planning Commission hereby recommends approval of the Coastal Permit to allow for a division of the subject 1.42-acre lot into five(5)single-family residential lots and the construction of a single-family residence on each of the lots to be created for the following reason: A. The proposed project, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The proposed land use change and the division of land to five single-family residential lots are confined to the property limits and will not interfere with the public's right of access to the sea. This notwithstanding, the applicant is not required to provide access from the nearest public roadway to the shoreline and along the coast because there exists a trail, proposed to traverse the subject site, from north to south, that will be constructed and maintained by the Terranea Hotel Resort property. Further, the proposed development of residences on the lots is not anticipated to interfere with the existing unique water-oriented activities, such as the Point Vicente Fishing Point or other recreational uses, which can be engaged in near the shoreline. Section r Variance. Subject to approval of the General Plan Amendment, Zone Change, and Coastal Specific Plan Amendment, the Planning Commission hereby recommends approval of the Variance to allow for a division of the subject 1.42-acre lot into P.C. Resolution No. 2007-31 Page 5 of 10 five (5) single-family residential lots with nonconforming lot depths ranging from 91' to 93' for the following reasons: A. There are extraordinary circumstances applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district to warrant an approval of a variance to allow for nonconforming lot depths ranging from 91' to 93', which do not meet the 100' minimum requirement for RS-4 lots. The subject site has had a nonconforming lot depth upon its creation by the City. Further, the reduced lot depth of up to 10' will cause little if no impact than what the preexisting CR zone would have caused due to its nonconformity. B. Granting the variance for these five lots to be created with nonconforming lot depths will not be detrimental to the public welfare or injurious to property improvements in the area since a residential development will bring compatibility to the existing residential use in the adjoining area and will allow the lots to take access directly from the existing residential street, as do other lots in the neighborhood. Moreover, the City's Geologist has reviewed and approved the geotechnical reports that support development of the subject property. C. The approval of the variance 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. The approval of a variance is required for the division of five single-family residential lots with nonconforming lot depths ranging from 91' to 93', which do not comply with the minimum 100' depth requirement, to occur, so that these lots can take access directly from Nantasket Drive like other lots in the vicinity of the subject property. The applicant has demonstrated that with the exception of the nonconforming lot depth, the proposed division of land satisfies the minimum contiguous lot area, minimum lot size, and minimum lot width requirements. D. Granting the variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan. The division of the existing 1.42-acre site to five single-family residential lots is consistent with the proposed residential land use designation, since the City's Development Code allows for division of land, provided that such proposal meets the minimum conditions as warranted by the Subdivision Ordinance and the City's Development Code. Further, the division of five single-family residential lots is consistent with General Plan Housing Policy No. 3 to"[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." Section 4: Grading Permit — Lots 1 and 2. Subject to approval of the General Plan Amendment, Zone Change, and Coastal Specific Plan Amendment, the Planning Commission hereby recommends the approval of the Grading Permit to allow for construction of the two-story residences on Lots 1 and 2 for the following reasons: P.C. Resolution No. 2007-31 Page 6 of 10 A. The grading proposed does not exceed that which is necessary for the permitted primary use of the lot. The subject lots are proposed to be terraced to accommodate the construction of the proposed residences. The proposed grading does not exceed that which is necessary for the proposed permitted primary residential uses of these lots, since a single-family residence is classified as a permitted primary use in the RS-4 zoning district. B. The proposed grading and/or related construction will not significantly adversely affect the visual relationships with, or the views from the "viewing area" of neighboring parcels. Although the proposed residences on Lots 1 and 2 will be placed on filled portions of respective lots, the heights of the resulting residences will not exceed the by-right height building height envelope, i.e., the proposed residences will be constructed entirely within the 16730' building height envelope on sloping lots. Therefore, no portion of the residences on Lots 1 and 2 warrant view analysis to be conducted. C. The nature of proposed grading minimizes disturbance to the natural contours and finished contours so that they will be reasonably natural. The existing contours of the project site are not the original natural contours, partly as the result of past farming on the subject site until the late 1980s. The subject site is a gently sloping lot with steeper slopes around the front edge of the lot. The subject lot is proposed to be re-contoured in a manner to minimize change to the existing contours. D. The grading proposed takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man- made or manufactured slope into natural topography. The existing "natural" contours of the project site are partly the result of human alteration in the past. Thus, there are no significant natural topographic features that would be disturbed by the proposed grading. E. The proposed grading is associated with the construction of residences on these lots; therefore, a Neighborhood Compatibility Analysis of the proposed residences is warranted. For the purposes of conducting a Neighborhood Compatibility Analysis, the Planning Commission recognized that the subject site is an in-fill parcel which is surrounded by eclectic land uses, such as single- family residences developed as a planned unit development(PUD), multi-family residential apartment(MR)which was later rezoned as single-family residential, the Terranea Hotel Resort site, and the single-family residences in another zoning district(RS-1). The Planning Commission opined that the proposed five residences neither match nor do they substantially deviate from the eclectic composition of the area adjacent to the subject site. Hence, the Planning Commission determined that the proposed residences on Lots 1 and 2, which measure in size 6,734 square feet and 6,762 square feet, respectively, are compatible with the immediate neighborhood, regardless of whether said P.C. Resolution No. 07-31 Page 7 of 10 neighborhood is the mix of all the eclectic land uses described above or whether the proposed five-lot subdivision is considered as its own neighborhood. The proposed lot coverage ranges from 45%to 46%, which includes the building footprint (including the garage) and driveway, which is less than the Development Code's limitation of 50%. From the street of access (Nantasket Drive), the proposed residences on Lots 1 and 2 appear to be one-story, except at the southern end of each lot, where the proposed lower floor is visible. From the rear of these proposed lots, a full two- story is visible; as such, bulk and mass have been mitigated for the residences proposed on Lots 1 and 2. F. The proposed grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because the subject site contains little vegetation, no natural landscape, and no wildlife habitat, based on the City's most recent Natural Communities Conservation Plan. G. As proposed, the grading proposed on Lots 1 and 2 exceed the applicable standards pertaining to height of cut and fill, which, except for the excavation of basement or cellar, limits the height of cut and fill to 5': the proposed 5.8' high cut on Lot 1 and the 6.1' high fill on Lots 1 and 2 are not proposed for the excavation of a basement or cellar. However, the Planning Commission may grant an approval of a Grading Permit for development in excess of that permissible in the development code provided that a departure from the standards will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The Planning Commission determined that grading the pad to construct residences on Lots 1 and 2 so that only the substantial portion of the upper floor is visible from the street of access is similar to the manner in which the residences on Channelview Drive have been constructed, and, therefore,found the proposed grading on Lots 1 and 2 to be comparable to the manner in which other single-family residences in the immediate neighborhood, specifically Channelview Drive residences on the seaward side, have been constructed. Section 5: Grading Permit—Lots 3, 4, and 5. The Planning Commission hereby denies without prejudice the Grading Permit to allow for the construction of single-family residences on Lots 3, 4, and 5 on the subject site. Of the nine (9) required findings of the Grading Permit, the Planning Commission finds that the proposed residences on Lots 3,4, and 5 satisfy all findings detailed in Section 2 of this resolution, except for one (1)finding— the Neighborhood Compatibility finding (Finding No. 5). The Planning Commission identified the following factors as contributing to the apparent bulk and mass of the homes proposed on Lots 3, 4, and 5, which therefore, make the construction related to the proposed grading on Lots 3, 4 and 5 incompatible with the immediate neighborhood: P.C. Resolution No. 2007-31 Page 8 of 10 A. The proposed entry tower on Lots 3, 4, and 5 exacerbates the appearance of bulk, and, therefore, should be eliminated; B. The proposed roof height on the south half of the residences on Lots 3, 4, and 5 is excessive and should be reduced by one (1) foot or 16 inches to mitigate the excessive height; C. The tall height of the chimneys that are proposed contributes to the vertical mass of the structures on Lots 3, 4, and 5. The height of the chimneys should be reduced so as to not exceed the minimum height allowed by the Uniform Building Code; D. The proposed columns on either side of the entry in the front of the residence do not seem to blend in with the rest of the design for the residence on Lot 4, and should be eliminated; and, E. The southeast portion of the residence on Lot 5 that contains a gable roof element, i.e., containing the kitchen area on the lower floor and the master bath and wardrobe area on the upper floor, results in a massive wall as seen from the street of access and should be revised to contain a hip roof instead to mitigate the massive appearance. Section 6: Height Variation—Lots 3, 4, and 5. The Planning Commission hereby denies without prejudice the Height Variation application for the single-family residences proposed on Lots 3, 4, and 5. The Planning Commission finds that the proposed residences on Lots 3, 4, and 5 satisfy eight (8) of the nine (9) required findings of the Height Variation application, except for the Neighborhood Compatibility finding (Finding No. 8), because the proposed residences on Lots 3, 4, and 5 do not satisfy the Neighborhood Compatibility finding (Finding No. 8), as discussed in Section 5 above, since the proposed residences were found to contain bulk and mass, thereby deviating from the character of the immediate neighborhood. Section 7: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study, Staff Reports, Minutes, and records of the proceedings, the Planning Commission has determined that the project, as conditioned and mitigated, will not result in a significant adverse impact on the environment and therefore recommends that the City Council adopt the Planning Commission's recommendation to allow for the division of the existing 1.42-acre site to five (5)single-family residential lots at a minimum lot area of 10,000 square feet within the RS-4 zoning district in the Coastal Zone, a Variance to allow for nonconforming lot depths ranging from 91' to 93', which do not meet the minimum 100' depth requirement, and a Grading Permit to accommodate the construction of the proposed residences on Lots 1 and 2, subject to the Conditions of Approval contained in Exhibit"A"attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. Further, the Planning Commission denies without prejudice the Grading Permit and Height Variation applications for the proposed residences on Lots 3, 4, and 5. P.C. Resolution No. 2007-31 Page 9 of 10 PASSED,APPROVED,AND ADOPTED this 24th day of April 2007, by the following vote: AYES: dommissioners knight, Lewis,. Ruttenberg, Tetreauit, Vice Chair Perestam Chair Gerstner NOES: None ABSTENTIONS: k6ne ABSENT: Commissioner Karp Bill Gerstner Planning Commission Chairman Joel Rojas, AiCP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 07n3� Wage 10 of 10