The URL can be used to link to this page

PC RES 2009-048 P.C. RESOLUTION NO. 2009-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOSVERDES RECOMMENDINGTHAT THE CITY COUNCIL CONDITIONALLY APPROVE CASE 200 -000 1 AND ZON2008- 00074 THRU -00078 FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, COASTAL P IFIL PLAN AMENDMENT,VESTING EL P, VARIANCE, COASTAL E IT, GRADING PERMIT AND HEIGHT VARIATIONS TO ALLOW THE FOLLOWING: GENERAL PLAN LAND USE CHANGE FROM COMMERCIAL EC TI L (CR) TO SINGLE- FAMILY I LE- FA ILY RESIDENTIAL, TWO-TO-FOUR DWELLI ITS PER ZONE CHANGE FROM CR T - ; LAND DIVISIONF A 1.42-ACRE LOT INTO FOUR I LE-F ILY RESIDENTIAL LOTS;AVARIANCE TO ALLOW LOT DEPTHS OF 39 I ST 110% HEIGHT VARIATIONS TO ALLOWTHE NEW SINGLE-FAMILY RESIDENCES ON LOTS 3 AND 4 TO EXCEED THE 16-FOOT I HT LIMITS; ALLOW A TOTAL OF 4,028 CUBIC YARDS OF GRADING TO ACCOMMODATETHE CONSTRUCTION OF SINGLE-FAMILY RESIDENCES ON FOUR E LOTS; ON AN EXISTING VAC T LOT LOCATED THE WEST SIDE OF NANTASKET DRIVE, BETWEEN BEACHVIEWIV E C E DRIVE IN THE CITY'S COASTAL ZONE (AP(APN 7573014-013), WHEREAS, on September 26, 2006, November 14, 2006, January 9, 2007, March 13, 2007, and March 27,2007,the Planning Commission considered Case Nos.ZON2005- 00536 and ZON2006-00180 thru -00182 for a proposed General Plan Land Use Designation Change from Commercial to Residential, a Coastal Specific Plan Land Use Designation Change from Agricultural to Residential,a Zone Change from CR(Commercial Recreational)to RS-4 (Single-Family Residential), a 5-lot subdivision and development of five single-family residences on a vacant parcel on Nantasket Drive between Beachview Drive and Seacove Drive (APN 7573-014-013); and, WHEREAS, on April 24, 2007, the Planning Commission adopted PC Resolution Nos. 2007-29, 2007-30 and 2007-31, recommending that the City Council certify the Mitigated Negative Declaration;approve the Land Use Designation changes to Residential; approve the Zone Change to RS-4 (Single-Family Residential); approve the single-family residences on Lots 1 and 2; and deny the single-family residences on Lots 3, 4, and 5 due to these residences not being compatible with the immediate neighborhood with regards to bulk and mass; and, WHEREAS, on May 15, 2007, the proposed project, along with the Planning Commission's recommendation was presented to the City Council for consideration. After hearing public testimony and discussing the merits of the project, the City Council denied the applications and remanded the item back to the Planning Commission with instructions that consideration be given to rezone the project from Commercial Recreational to RS-2 or RS-3, which are less dense residential zoning districts than the Planning Commission's recommendation of RS-4; and, WHEREAS, in response to the City Council's May 15, 2007 directive, the property owner/applicant submitted new applications on January 31, 2008, which are the same application types submitted in 2006 and 2007. However, the current proposal includes a zone change to RS-3 instead of RS-4, which is a lower density; a 4-lot subdivision and residential development instead of a 5-lot subdivision; Height Variation applications for Lots 3 and 4 to exceed the 16-foot height limit; a Grading Permit for a total of 4,028 cubic yards of grading to facilitate the construction of the new residences; and, continues to propose a General Plan Land Use Designation Change from Commercial to Residential,a Coastal Specific Plan Land Use Designation Change from Agricultural to Residential, a Variance to allow the RS-3 zoned lots to maintain a lot depth of 93' instead of the 110' lot .depth requirement (hereinafter referred to as Case Nos. SUB2008-00001 and ZON2008- 00074 thru -00078); and, WHEREAS, on February 25, 2008, Case Nos. SUB2008-00001 and ZON2008- 00074 thru -00078 were deemed incomplete pending the submittal of additional information; and, WHEREAS, after submittal of additional information, including construction and certification of the required temporary silhouettes, on September 29,2009 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 Nos. SUB2008-00001 and ZON2008-00074 thru -00078, otherwise known as General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, Vesting Parcel Map, Variance, Coastal Permit, Grading, and Height Variations, 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 October 2, 2009 and circulated for public review between October 2, 2009 and November 10, 2009; 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 November 10, 2009, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2009-48 Page 2 NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: GENERAL PLAN AMENDMENT Section 1: The size of the subject site, at 1.42-acres,does not meet the minimum development site area for CR Zoned lots. The Development Code calls for CR Zoned lots to be a minimum of 20-acres in area, and maintain a minimum of 250-feet of lot width and 150-feet of lot depth. The subject property, as a result of previous subdivisions, maintains an existing lot depth of 93-feet, which does not conform to the current CR Zoning standards. Section 2- The appropriateness of the site lends itself to the need within the community for the proposed residential use, and is compatible with surrounding uses. A commercial use would create more sensory impacts than a residential use with regards to hours of operation, noise, and traffic circulation. The subject site is an existing in-fill site, accessed from the residential streets of Beachview Drive, Nantasket Drive, and Sea Cove Drive. Although the subject site abuts a commercial development, i.e., the Terranea Resort Hotel, to the immediate north, west, and south, there are also single-family residences to the north and south of the subject site and a multi-family residential development to the east, all within 500' of the subject site. Any development would be required to front along Nantasket Drive, and either type of development is anticipated to impact the adjoining commercial recreational, single-family, and multi-family residences; however, a single-family residential development on the subject site would have less impact on the adjoining residential properties with regards to traffic, light, and noise pollution.As such,the Residential land use is more compatible with the existing residential uses of the adjoining area. Section 3: Changing the land use to Residential brings it into consistency with the "Residential type land uses found on the other properties along Beachview, Seacove and Nantanket Drives, and is thereby internally consistent with the General Plan and is not contrary to the goals and policies of the General Plan. The General Plan states, 'The predominance of residential use[within the City}is based on several factors:the ability of residential activity to produce low environmental stress, the geographical location of the community with no major transportation facilities, lack of market potential for any major commercial, and need for support facilities only to meet the community's demand"(General .Plan Page No. 194). Additionally,the General Plan states, "Commercial uses tend to have environmental impacts unless small in scale and very carefully designed"(General Plan Page No. 196). Even though this site is small in scale, it is currently vacant, and any commercial venture would cause impacts to the area that would be considered more intrusive than what could be found from a residential development. More specifically, residential uses tend to generate less vehicle trips, create less noise, and have less light and glare impacts than commercial uses. Thus, the General Plan Amendment to Residential will be in the public's interest, and the General Plan Amendment is appropriate. P.C. Resolution No. 2009-48 Page 3 COASTAL SPECIFIC PLA T Section 4: With respect to commercial recreational development on the subject site, the Coastal Specific Plan states that "access should not be taken from Nantasket Drive (in Subregion 3) since it is designated as a residential street and commercial traffic would in all likelihood cause significant problems." Currently, Nantasket Drive is used to access the existing single-family and multi-family residential developments along Beachview Drive and Sea Cove Drive. Additionally, vehicular access from the privately owned Terranea Resort Hotel to the subject site does not exist and it is not likely that a driveway easement would ever be created to facilitate vehicular access to the site so that access to the site is not via Nantasket Drive. Thus, a CR development on the subject site would be inconsistent with this policy direction of the Coastal Specific Plan. Section 5: The Coastal Specific Plan speaks of potentially adverse impacts resulting from a CR development on the adjoining residential developments in Subregion 3. In general, a single-family residential use on the site would be a less intensive use of the subject site than were it developed with a comparable sized commercial development when examining the potential traffic, noise, and light pollution generated from the site. Further, a residential development would be more compatible with the existing residential uses in the adjoining area. Furthermore, the development of a CR use on the subject site would result in an appearance incompatible with the existing single and multi-family uses in the adjoining areas. For instance, the site being used as a commercial filming site, a recycling facility, a helistop, or a small hotel, etc., would erode the character of the neighborhood, which is primarily composed of single-family and multi-family residential structures. ZONE CHANGE Section : In order to bring the zoning in compliance with the proposed General Plan Land Use Designation, the project warrants the subsequent change of the site's zoning designation from CR(Commercial Recreational)to RS-3(Single-Family Residential, two-to-four dwelling units per acre). By changing the zoning, the land use on the subject site would be consistent with the adjacent residential areas and the General Plan. Section 7: An RS-3 zoning of the property provides a transitional neighborhood between the existing RS-1 zoned properties to the south along the bluff on Sea Cove Drive and the RS-4 zoned properties that exist to the north (i.e., the Sea Bluff community). Further, an RS-3 zoning designation is a suitable zoning designation for the subject property. Although there is no other RS-3 zoning in close proximity to the proposed project site, an RS-3 zoning would provide a transitional zoning district not only between the RS-1 zone to the south and the RS-4 zone to the north, but also between the non-conforming multi-family development to the east and the open space of the Teranea site to the west; therefore the zone change is appropriate. P.C. Resolution No. 2009-48 Page 4 VESTING PARCEL MAP Subject to approval of the General Plan Amendment, Zone Change, and Coastal Specific Plan Amendment, the Planning Commission hereby recommends approval of a Vesting Parcel Map to allow for a division of the subject 1.42-acre lot into four single-family residential lots for the following reasons: Section 8. Since the General Plan Land Use designation changes from Commercial Recreational to Single-Family Residential, and the zoning changes from CR to RS-3,the subject site is located in an area designated as Residential,two-to-four dwelling units per acre (RS-3). Vacant land designated in this density range has low to moderate physical and social constraints, and the density is compatible with the adjacent existing densities, which range from one d.u./ac (along Seacove Drive) to 4-6 d.u./ac (along Beachview Drive). The proposed lot sizes range between 14,081 square feet and 17,704 square feet,which are consistent with the RS-3 zone,which requires a minimum lot size of 13,000 square feet. action 9e The subject application permits the division of a 1.42-acre lot into four residential lots, which will maintain a minimum lot area of 13,000 square feet and a minimum contiguous lot area of 4,290 square feet, as required by the City's Development Code and Subdivision Ordinance for lots located within the designated RS-3 zoning district. Section 10: The site is physically suitable for the proposed type and density of the development in that the proposed subdivision will result in four residential lots that will each have a gross lot area that exceeds the 13,000 square foot minimum area required by the City's Development Code for the RS-3 zoning district. Further, the proposed lots will exceed the minimum 4,290 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-3 zoning district, as it pertains to structure size, lot coverage, and setbacks. Section 11. 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. Section 12: The proposed division of land will not cause serious public health problems. The proposed residences will have to be constructed in 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. Further review and approval of geotechnical reports will be required priorto 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 P.C. Resolution No. 200948 Page 5 development will not be detrimental to the public's health and safety as set forth in the Mitigation Monitoring Program, Exhibit"A", attached to P.C. Resolution No. 2009-_, and incorporated into the scope of the proposed project. Section 13: 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. The existing 30'wide access easement to the benefit of the City on the northernmost end of the site exists, which was created to provide access to the adjoining property to the west, now Terranea Resort Hotel site. However, since the Terranea Resort Hotel provides its own access, this access point is no longer necessary and can be vacated. Vacation of said easement shall be done prior to Final Parcel flap approval and/or issuance of any grading/building permits. 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 four single-family residential lots with nonconforming lot depths of 93' for the following reasons: Section 14- 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 of 93', which does not comply with the 110' minimum requirement for RS-3 zoned lots. Specifically,the subject site has had a nonconforming lot depth upon its creation by the City under any zoning district. Section 15: 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 property right in question is the applicant's ability to develop the subject site, in accordance with the Development Code and the Subdivision leap Act; thus a variance is necessary to ensure the applicant's property right to develop single-family residential lots, which is a right that other property owners of Residentially zoned and designated properties maintain. With the exception of the nonconforming lot depth, the proposal satisfies the minimum contiguous lot area, minimum lot size, and minimum lot width requirements. Section 16: Granting the variance for these four lots 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. The lot depth deficiency does not result in a deficient rear yard setback, as the residences will maintain rear yard setbacks that exceed the minimum requirement. This is further augmented with the fact that the rears of the parcels abut the golf course area which provides for additional open area. Thus, there is no impact Capon P.C. Resolution Nov. 2009-48 Page the appearance of the residences, the appearance of the lots or to the location of the residences since they do not have to encroach into any required setback area. Section 7m 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 development of single-family residential structures on the four lots is consistent with the underlying Residential Land Use designation since the Development Code allows for subdivision of land, provided that such proposal meet the minimum conditions as warranted by the Subdivision Map Act and City's Development Code. As concluded, the new residential lots will not be detrimental to the public welfare, or injurious to property and improvements in the area, which is consistent with the General Plan's goal to protect the general health, safety, and welfare of the community (Land Use Plan, Page 192-193). Further, the new residential lots are 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." Thus, granting the variance will not be contrary to the City's General Plan. C'OASTAL, PERMIT Section 18: For the reasons specified in the General Plan Amendment, Zone Change, Coastal Specific Plan Amendment, and Subdivision sections above,the project is consistent with the Coastal Specific Plan Section 19: 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, the division of land and subsequent development of four single-family residential structures are confined to the property limits and will not interfere with the public's right of access to the sea since the subject property does not abut the coastline. 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. ACEI !T(LOTS 2 THRU 4) 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 the construction of single-family residences on Lots 1 thru 4 for the following reasons: Section 20. The grading proposed does not exceed that which is necessary for the permitted primary use of the lot. The subject properties will be designated and zoned RS-3 (Single-Family Residential), which permits single-family residential development. The grading will facilitate construction of the new residential structures. Terracing the subject P.C. Resolution No. 2009-4 Page 7 1.42-acre lot by means of grading will accommodate the new construction of four residences on the four lots that are created by the subdivision. In addition,the grading will facilitate a basement for the residence on Lot 3. Although it is to increase the residential square footage on this lot, the grading does not exceed that which is necessary for the permitted primary uses of the lots since a single-family residence is classified as a permitted primary use in the RS zoning district. Further, the proposed terracing has been designed to follow the existing street grade and the basement will not be evident from the surrounding residences or from the street. action 21 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. The grading will not affect the maximum ridgeline elevations for the new residences. Lots 1 and 2 are considered sloping lots, and new structures are limited to 16-feet in height as measured from the highest preconstruction grade elevation covered by structure, and 30-feet as measured from the lowest finish grade elevation covered by structure, to the highest ridgeline elevation. The new residences on Lots 1 and 2 are at ridgeline elevations that are 16-feet or less above the highest preconstruction grade elevation covered by the proposed structures. Further, the overall heights of these residences on Lots 1 and 2 will be 24.1-feet as measured from the highest ridgeline elevations down to the finish pad elevations covered by the structures. Although fill is proposed on Lots 1 and 2, the fill does not result in a higher ridgeline elevation than what is allowed 1eby-right". Rather, the fill is a function of the sloping lot condition, which results in a split-level design, but does not result in a higher ridgeline elevation than what is allowed "by-right", and does not result in higher structures than what can be built in the same location on the lots if measured from existing grade. Lots 3 and 4 also contain fill; however, similar to the grading for lots 1 and 2, the fill on these lots is provided so that there is no crawl space underthe up-slope portion of the new residences. Although Lots 3 and 4 will be constructed with grading that does not artificially raise the grade for the proposed residences, the ridgeline elevations of these residences exceed the 16-foot height limits, and are thus subject to Height Variations, which can be approved for the reasons stated below. Section 22: 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. Section 23: 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. P.C. Resolution No. 2009-48 Page 8 Section 24: 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 current project constitutes its own immediate neighborhood forthe purpose of the neighborhood compatibility analysis, which is consistent with the City Attorney's previous opinion on performing a neighborhood compatibility analysis for the proposed project and is supported by the City Council approved Neighborhood Compatibility Guidelines. According to the Neighborhood Compatibility Guidelines, "for purposes of Neighborhood Compatibility, the immediate neighborhood is normally considered to be at least the twenty(20) closest residences within the same zoning district.'"Since the Zone Change allows for RS-3 zoning of the subject property and since there are no other RS-3 zoned properties in the area, this creates its own neighborhood and creates a transition between the existing RS-1 and RS-4 zones that are to the north and south of the subject site. The structure sizes and lot coverages are significantly less than the previous project, and are consistent with the neighborhoods to the north and south of the subject site,which are in different zoning districts than the subject property. Notwithstanding, the residential development will comply with and exceed the minimum setback standards for RS-3 zoned lots. With regards to fagade treatments,the new residences will incorporate smooth stucco finishes, hip-pitched roofs and clay tile roof materials,which is consistent with the materials found in the residential developments in the area. Lastly, with regards to bulk and mass, the applicant has modified the proposed architectural design of the residences to address the concerns that led to the denial of the previous proposal. Section25: The project conforms to all the City's grading criteria in that the grading will be conducted in a manner that facilitates construction of the residences with a split- level design that slopes with the topography of the site. The grading will not be conducted on extreme slopes, no slopes steeper than 2:1 will be created, and the retaining walls will be under the building footprints to accommodate for the split-level designs. HEIGHT VARIATIONS (LOTS 3 AND 4) Subject to approval of the General Plan Amendment,Zone Change, and Coastal Specific Plan Amendment, the Planning Commission hereby recommends the approval of the .Height Variation permits to allow for the construction of single-family residences on Lots 3 and 4 that exceed the 16-foot height limit for the following reasons: Section 26- The applicant has complied with the Early Neighbor Consultation process established by the City by providing addressed, stamped/pre-paid postage envelopes, a copy of the mailing list, reduced copies of the plans, a letterwith a description of the proposed project, along with a $10.00 fee,to the City for mailing.The City mailed the envelopes on August 28, 2009, which satisfied this finding. P.C. Resolution Nov 2009-48 Page 9 Section 27: The proposed structure is not located on a ridge or promontory,which the Development Code defines as an elongated crest or linear series of crests of hills, bluffs, or highlands, while a promontory is defined as a prominent mass of land, large enough to support development which overlooks or projects onto a lowland or body of water on at least two sides. The subject property and the new single-family residences are proposed to be on a lot which was previously used as farmland and is gently sloping,which is not considered a ridge or promontory. Section 28: The proposed structures comply with all other Code requirements. The proposed residences meet or exceed the minimum Development Code standards with regards to lot coverage and setbacks. The residences will be constructed outside of any required setbacks. Lastly, the resulting lot coverages will be 37%for Lot 3 and 34%for Lot 4, which is less than the 45% maximum permissible by the RS-3 zoning district. Section 29. As indicated above in the Grading Permit Section, the current project constitutes its own immediate neighborhood for the purpose of the neighborhood compatibility analysis. Section 30: Several view analyses were conducted from residences in the Sea Bluff Community, which identified two residences at 6617 and 6619 Beachview Drive as containing views. Further, view analyses were conducted from the Villa Apartments; however, consistent with the City's Height Variation Guidelines, one unit in each structure of the apartment complex was identified to be ", ...where the best and most important view is taken" (Page 2, Height Variation Guidelines, April 20, 2004). The three units were units #334, #45 and #88, which have views in the direction of and over the subject property. Thus, the portions of the new residences on Lots 3 and 4 that are above 16-feet will not significantly impair a view or cause significant cumulative view impairment from the viewing area of another parcel as follows: Beachview Residences: With regards to the previous proposal, the Commission determined that as seen from 6617 Beachview Drive and 6619 Beachview Drive, although the proposed project may cause cumulative view impairment, the impairment would not be significant. Since the current proposal is now a 4-lot subdivision,which eliminated lot 5(closest to the ocean)the locations of the proposed residences have shifted downslope (i.e., seaward). The residence on the current Lot 4, now the southernmost lot closest to the ocean, is located 90-feet farther downslope (i.e., seaward) than the previous Lot 4 residence. The location shift of Lot 4 has resulted in a lower ridgeline elevation of 152.9' compared with the previous proposal's 158.2' ridgeline elevation. Further, the previous lot 3 residence would have been located between the residences currently proposed on lots 2 and 3, with a ridgeline elevation of 164.3% significantly higher than the current 160.3' ridgeline elevation. Thus, the shift in the location of the currently proposed residences has resulted in lower ridgeline elevations along Nantasket Drive. Thus, when compared to the previous view impairment,the current proposal has provided P.C. Resolution No. 2009-48 Page 10 additional ocean views over the ridgelines of the proposed residences as seen from the viewing areas at 6617 and 6619 Beachview Drive. The angle of the view, the topography of the area, and the location of the residences on the proposed lots results in a lot-4-residence that is only partially visible from the viewing area at 6619 Beachview Drive since the proposed residence on Lot 3 will screen most of the proposed residence on Lot 4. In light of the whole view that is obtained from the viewing area at 6619 Beachview Drive, the proposed residences on Lots 3 and 4 will encroach into the lower part of the view frame, obstructing a small amount of ocean view. However, a large portion of the ocean will continue to be unobstructed, and the view of Catalina Island will not be impaired by these structures. Villas Apartments: Three units (one in each structure) was identified as having the best and most important views, which are units #334, #45 and #88. these units have views over the subject property. Staffs view analyses of the previous project concluded that the previous project significantly impaired the view from only Unit#45. Since the proposal has been modified, Staff conducted new view analyses from the same three units on November 4, 2009. Based upon the analyses, Staff has concluded that the new project will not cause any view impairment to Unit #334 in structure 1 (closest to Beachview Drive) and Unit #88 in structure 3 (closest to 8eacove Drive). With regards to Unit #45 in structure 2 (located between the aforementioned structures), the proposed residence on Lot 3 will impair the view of the Teranea hotel,which is not a significant impairment.The residence on Lot 4 will impair some ocean view at the bottom of the view frame, but the view of Catalina Island will not be impaired. Although some ocean view will be impaired, the amount of view impairment is minimal, is located at the periphery of the view frame, and Catalina Island is not impaired; thus, the structure on lot 4 will not result in significant view impairment. action 31: For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record, in the proposed Mitigated Negative Declaration, and in the public comments received by the Commission, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council approve Case Nos. SUB2008- 00001 and ZON2008-00074 thru -00078 subject to the conditions in Exhibit B attached hereto,thereby allowing a General Plan Amendment to change the Land Use Designation from Commercial Recreational to Residential (2-4 d.u./ac); a Coastal Specific Plan Amendment to change the Land Use Designation from Agriculture to Residential; a Zone Change from CR to RS-3 (Single-Family Residential); a 4-lot subdivision and residential development; a Variance to allow the RS-3 zoned lots to maintain a lot depth of 93'; a Grading Permit for a total of 4,028 cubic yards of grading to facilitate the construction of the four new residences; and Height Variation applications for the new residences on Lots 3 and 4 to exceed the 16-foot height limit. P.C. Resolution No. 200948 Page I1 AYES: Gerstner, Knight, Lewis, Perestam, Ruttenberg, Tomblin NOES: Tetreault ABSTENTIONS: None ABSENT: None RECUSALS: None L e! Lewi Plan4ko mission Chairman Joel R a , AICP 0 r Direc or o Plann g Building and 0 Cod En rcement; and, Secretary to thi4eanning Commission P.C. Resolution No. 2009-48 Page 12 EXHIBIT "W5 CONDITIONS OF APPROVAL CASE NOS. SUB2008-00001 & ZON2008-00074 THRU -00078 ENVIRONMENTAL ASSESSMENT, GENERAL PLAN AMENDMENT, ZONE CHANGE, COASTAL SPECIFIC PLAN AMENDMENT, VESTING PARCEL MAP, VARIANCE, COASTAL PERMIT, GRADING PERMIT, AND HEIGHT VARIATIONS (LOTS 3 & 4)_ GENERAL 1. This approval is for a General Plan Amendment to change the Land Use Designation from Commercial Recreational to Residential (2-4 d.u./ac); a Coastal Specific Plan Amendment to change the Land Use Designation from Agriculture to Residential; a Zone Change from CR to RS-3 (Single-Family Residential); a 4-lot subdivision and residential development; a Variance to allow the RS-3 zoned lots to maintain a lot depth of 93'; a Grading Permit for a total of 4,028 cubic yards of grading to facilitate the construction of the four new residences; and Height Variation applications for the new residences on Lots 3 and 4 to exceed the 16-foot height limit. 2. Final approval of this project shall be contingent upon approval of the Coastal Specific Plan Amendment by the California Coastal Commission. 3. The property owner/applicant shall submit a trust deposit in an amount deemed to be appropriate by the Director of Planning, Building and Code Enforcement for the City to submit the necessary applications for an Amendment to the City's Coastal Specific Plan. 4. Within ninety (90) days of this approval, the applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 5. The developer shall supply the City with one mylar and 12 copies of the map after the final map has been filed with the Los Angeles County Recorders Office. 6. This approval expires twenty-four (24) months from the date of approval of the vesting parcel map by the City Council, unless extended per Section 66452.6 of the Subdivision Map Act and Section 16.16.040 of the Development Code. Any request for extension shall be submitted to the Planning Department in writing prior to the expiration of the map. 7. With the exception of the lot depth requirement, all lots shall comply with the lot criteria required by the Development Code for the RS-3 Zoning District, including the 13,000 square foot minimum lot area and the 4,290 square foot minimum contiguous lot area. 8. Unless specific development standards for the development of the lots are contained in these conditions of approval,the development of the lots shall comply with the requirements of Title 17 of the City's Municipal Code. 9. All mitigation measures contained in the approved Mitigation Monitoring Program contained in Resolution No. 2009- for the Mitigated Negative Declaration, shall be incorporated into the implementation of the proposed project and adhered to, and are incorporated herein by reference. VESTING TENTATIVE PARCEL MAP NO. 69928 10. The proposed project approval permits the subdivision of the existing 1.42 acre subject parcel into four separate parcels as shown on the Vesting Tentative Parcel approved by the Council. Parcel #1 shall measure 14,402 square feet; Parcel #2 shall measure 15,567 square feet; Parcel#3 shall measure 14,081 square feet; and Parcel #4 shall measure 17,704 square feet. 11. Prior to submitting the Final Map for recording pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from affected departments and divisions, including a clearance from the City's Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc. 12. The Coastal Specific Plan Land Use Amendment shall be approved by the California Coastal Commission prior to submitting the Final Map for recording pursuant to Section 66442 of the Government Code. PUBLIC WORKS AND CITY ENGINEER CONDITIONS 13. Final Parcel Map shall be recorded for the site. a. A Termination of Offer of Dedication shall be made for any offer of dedication previously rejected and shall be deemed to be terminated upon the approval of the map by the legislative body. The map is required to contain a notation identifying the offer or offers of dedication deemed terminated by Section 66477.2(e) of the SMA. b. The PVPUSD easement(s) shall be abandoned by the Final Parcel Map and the developer shall provide the City confirmation from the easement owner allowing for the easement abandonment. c. ADA accessibility easements shall be provided for public sidewalk as required at the top of all driveways or ramps 14. Per the City Engineer, subject to review and approval by the Director of Public Works, prior to final certificate of use and occupancy, the following items shall be addressed. The construction of the following items shall be constructed or the construction guaranteed by surety or cash bond prior to recordation of the Final P.C. Resolution No. 2009-48 Page 14 Parcel Map. An improvement agreement shall also be provided prior to recordation of the Final Parcel Map. a. The developer shall remove and replace any damaged or off-grade portions of the existing curb and gutter and replace it, in kind, with A2-200(8) curb and gutter per APWA Standard Plan 120-1 for the entire project frontage length of Nantasket Drive –to match existing. b. The developer shall remove and replace any damaged or ofd grade portions of the existing sidewalk and replace it with four-inch thick, 4-foot wide portland cement concrete sidewalk for the entire project frontage length of Nantasket Drive. c. Subject to review and approval by the Director of Public Works, the developer shall provide for crack filling and slurry sealing throughout the project frontage along Nantasket Drive from edge of gutter to edge of gutter, both sides of the street. d. The developer shall remove any existing driveways and construct new driveways as applicable. Driveway approach slope and details needs to comply with APWA STD PLAN 110-0 and other applicable drawings. e. The developer shall construct pedestrian curb ramps at the north and south ends of Nantasket Drive that conform the latest requirements of the Americans with Disabilities Act. f. Subject to review and approval by the Director of Public Works, provide new street striping to replace the existing street striping disturbed by the street resurfacing. g. An Engineered (Rough) Grading Plan shall be prepared for the site. Fine Grading may be incorporated into an (overall) Grading Plan if the houses are to be built all at one time. If the houses are to be built individually, at different times, separate Fine Grading Plans may be prepared for those houses in addition to the previously required Rough Grading Plan. h. A final Drainage Report shall be prepared for the site. Post-development storm water run-off quantities shall be mitigated per the NPDES (Stormwater) Review by John L. Hunter. The Final Drainage Report calculations shall be prepared in conformance with Los Angeles County Standards (see on line manual http://Iadpw.org/wrd/publication/engineering/2006 Hydrology Manual/2006%2 0Hydrology%20Manual-Divided.pd 15. Per the Department of Public Works and subject to approval by the Director of Public Works, the Applicant shall ensure the following: * No above ground utilities permitted in the Public Right of Way. * Only cement concrete or asphalt concrete surface are allowed in the ROW. 4p Prior to the issuance of a grading permit, a complete hydrology and hydraulic study(include off-site areas affecting the development)shall be prepared by a qualified civil engineer and approved by the City Engineer. The report shall include detail drainage conveyance system including applicable swales, channels, street flows, catch basins, and storm drains which will allow P.C. Resolution No, 2009-48 Page 15 building pads to be safe from inundation by rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. • It is the property owners responsibility to maintain landscaping in the right of way and keep it in a safe condition • ADA access by way of the public sidewalk with appropriate easements as required, shall be provided at the back of the right of way, behind the top of all driveways. • Catch Basin shall have"NO Dumping-Drain to Ocean"painted on them in the ROW and on the property • Filtering and Water Quality devices shall be installed in all storm drain inlets along Nantasket Drive from Beachview Drive to Seacove Drive, including the knuckles. • All plans shall provide Best Management Practices (BMP's) and Water Quality Management Plan (WQMP) • Plans shall provide Sewer connection information, and shall be approved by LA County Public Works Department prior to approval by the City of Rancho Palos Verdes. 16. N.P.D.E.S. (Stormwater) Conditions Best Management Practices (BMP's) shall be incorporated into the design of this project to accomplish the following goals. a. Minimize impacts from storm water runoff on the biological integrity of Natural Drainage Systems and water bodies in accordance with requirements under CEQA(Cal. Pub. Resources Code§ 21100), CWC § 13369, CWA§319, CWA § 402(p), CWA § 404, CZARA § 6217 (g), ESA § 7, and local government ordinances. b. Maximize the percentage of permeable surfaces to allow more percolation of storm water into the ground. c. Minimize the amount of storm water directed to impermeable surfaces and to the MS4. d. Minimize pollution emanating from parking lots through the use of appropriate Treatment Control BMP's and good housekeeping practices. e. properly design and maintain Treatment Control BMP's in a manner that does not promote breeding of vectors. f. Provide for appropriate permanent measures to reduce storm water pollutant loads in stormwater from the development site. g. A SUSMP and SWPPP shall be prepared and approved by the City's NPDES consultant prior to any building or grading permits being issued. h. A vegetative area (slope less than 6%) shall be constructed surrounding each lot (minimum 10 feet wide) except for the paver driveway. MITIGATION MONITORING The development shall comply with all of the following mitigation measures of the adopted Mitigated Negative Declaration. P.C. Resolution No, 2009-4 Page 16 Aesthetics: A-1: Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than upon which such light is physically located. Air Quality: AQ-1: During construction the owner shall ensure that the unpaved construction areas are watered at least twice a day during excavation and construction to reduce dust emissions and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project site boundaries. AQ-2: During construction the owner shall ensure that all clearing, grading, earth moving or demolition activities shall be discontinued during periods of high winds(i.e.,greater than 30 mph), so as to prevent excessive amounts of dust. AQ-3: During construction of any improvements associated with the subdivision, the owner shall ensure that General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. AQ-4: A weatherproof notice/sign setting forth the name of the person(s) responsible for the construction site and a phone number(s) to be called in the event that dust is visible from the site as described in mitigation measure AQ-1 above, shall be posted and prominently displayed on the construction fencing. Cultural Resources: CR-1: Prior to the commencement of grading, the applicant shall retain a qualified paleontologist and archeologist to monitor grading and excavation. In the event undetected buried cultural resources are encountered during grading and excavation,work shall be halted or diverted from the resource area and the archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. Geology/Soils: GEO-1: The applicant shall ensure that all applicable conditions as specified within the geotechnical report and all measures required by the City Geologist are incorporated into the project. GEO-2: Prior to building permit issuance, the applicant shall prepare an erosion control plan for the review and approval of the Building Official. The applicant shall be responsible for continuous and effective implementation of the erosion control plan during project construction. P.C. Resolution No. 2009-48 Page 17 Hydrology/Water Quality: HWQ-1: Subject to review and approval of the City Public Works and Building and Safety Departments and prior to the issuance of grading permits,the project applicant shall submit a storm water management plan which shows the on-site and off-site storm water conveyance systems that will be constructed by the project proponent for the purpose of safely conveying storm water off the project site. These drainage structures shall be designed in accordance with the most current standards and criteria of the City Engineer and Los Angeles County Department of Public Works to ensure that adequate drainage capacity is maintained. The plan shall also show whether existing storm water facilities off the site are adequate to convey storm flows and what additional improvements to these existing facilities are required by the project applicant to ensure these facilities will be adequate to meet the needs of this project. Prior to the issuance of any building permits for any of the proposed residences,the project applicant shall install/improve such facilities to the satisfaction of the Director of Public Works and the City Building Official. HWQ-2: The project shall comply with the requirements of the statewide National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity to prevent storm water pollution from impacting waters of the U.S. in the vicinity of the project site. HWQ-3: In accordance with the Clean WaterAct,the project applicant shall coordinate with the Regional Water Quality Control Board (RWQCB) regarding the required National Pollutant Discharge Elimination System (NPDES) permit for the project. The project applicant shall obtain this permit and provide the City with proof of the permit before any site grading begins. HWQ-4: Appropriate Best Management Practices(BMP), including sandbags shall be used by the project applicant to help control runoff from the project site during project construction activities. Measures to be used shall be approved by the City Engineer before a Grading Permit is issued for the project. Noise: N-1: Demolition, grading and construction activities shall be limited to the hours of 7:00am and 7:00pm, Monday through Saturday. There shall be no construction on Sundays or federally observed holidays. N-2: During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. P.C. Resolution No. 2009-48 Page 18 Public Services: PS-1: As there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the project applicant shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 16.20.100.0 and in an amount determined in accordance with the provisions of Section 16.20.100.0. Transportation/Traffic: T-1: Prior to the issuance of a grading permit for the project, the project applicant shall prepare a haul route plan for approval by the City's Public Works Department. The project applicant shall also be required to post a bond with the City in an amount determined by the Public Works Department that will provide for the repair of City streets damaged by the hauling of soil away from the project site. PARK DEDICATION 17. Prior to recordation of the Final trap, which is contingent upon California Coastal Commission approval of the Coastal Specific Plan Amendment,the developer shall pay to the City of Rancho Palos Verdes, subject to the City Council's approval, a Parkland Dedication in lieu fee which is to be calculated pursuant to the City's Development Code Section 16.20.100. UTILITIES 18. Prior to submittal of plans into building division plan check, the applicant shall provide evidence of confirmation from the applicable service providers that provide water, wastewater treatment and solid waste disposal, that current water supplies are adequate to serve the proposed project. 19. All utilities to and on the property shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer's expense. DRAINAGE 20. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an earth tone color and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. 21. Site surface drainage measures included in the project's geology and soils report shall be implemented by the project developer during project construction. P.C. Resolution No. 2009-48 Fuge 1 22. Prior to issuance of any permits, the City's NPDES consultant shall review and approve the project to ensure that the project will comply with all applicable requirements for the control and treatment of erosion and run-off from the project site. SURVEY MONUMENTATION 23. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof shall be posted to cover costs to establish survey monumentation in an amount to be determined by the City Engineer. 24. Within twenty-four(24) months from the date of filing the Final Map, the developer shall set survey monuments and tie points and furnish the tie notes to the City Engineer. 25. All lot corners shall be referenced with permanent survey markers in accordance with the City's Municipal Code. 26. All corners shall be referenced with permanent survey markers in accordance with the Subdivision Map Act. UNIT NUMBERING 27. Any unit numbering by the developer must be approved by the City Engineer. GRADING 28. Approval of the project shall allow a total of 4,028 cubic yards of grading, which is distributed as follows: d 1 340 809 5.5-ft. 8-fit. 2 793 248 5.7-ft. 1.8-ft. 3 431 489 10-ft 3.1 4 393 132 2-ft. 4-ft. TOTAL 1,957 2,071 -- ®- 29. Prior to issuance of any grading permit for the project, the Coastal Specific Plan Amendment shall be approved by the California Coastal Commission. 30. A construction plan shall be submitted to the Director of Planning, Building and Code Enforcement prior to issuance of grading permits. Said plan shall include but not be limited to: limits of grading, estimated length of time for rough grading and P.C. Resolution No. 2009-48 Page 20 improvements, location of construction trailer, location and type of temporary utilities. The use of rock crushers shall be prohibited. 31. Prior to filing the Final Map, a grading plan shall be reviewed and approved by the City Engineer and City Geologist. This grading plan shall include a detailed engineering, geology and/or soils engineering report and shall specifically be approved by the geologist and/or soils engineer and show all recommendations submitted by them. It shall also be consistent with the tentative map and conditions, as approved by the City. 32. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code". 33. Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building and Code Enforcement that dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements that require regularwatering for the control of dust. 34. During construction, all excavating and grading activities shall cease when winds gusts (as instantaneous gusts) exceed 25 mph. To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. 35. Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. 36. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in Section 17.56.020(8) of the Rancho Palos Verdes Municipal Code. 37. The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. 38. All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated. 39. Haul routes used to transport soil exported from the project site shall be approved by the Director of Public Works to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. DEVELOPMENT STANDARDS 40. The Final Map shall be in conformance with the lot size and configuration shown on the Vesting Tentative Parcel Map. P.C. Resolution No. 2009-48 Page 21 41. The approved residences shall maintain the following minimum setbacks: Front: 20-feet Side: 10-feet Rear: 15-feet 42. The approved residences shall comply with the following standards: LOT SIZE 14,402 sf 15,567 sf 14,081 sf 17,704 sf STRUCTURE SIZE 6,433 sf 6,444 sf 6,744 sf 6,392 sf L®T COVERAGE 35%® 32.5% 37%® 34% MAXRIDGEL.INE ELEVATION 180.1' 165.4' 160.3' 152.9' STRUCTURE HEIGHT' 15.2/24.1' 16'/24.1' 19.6'/24' 19.9'/25.3' Any request to make the size of any residence larger or taller, shall require approval of a revision to the Grading Permit and/or the applicable Height Variation permit by the City Council. 43. Subject to review and approval by the Building Official, a ridge height certification is required for each residence by a licensed land surveyor or engineer prior to installation of roof materials. 44. Subject to review and approval by the Building Official, structure size certification is required for each residence by a licensed surveyor or engineer prior to building permit final of the residences. 45. Driveway slopes shall conform to the maximum 20-percent standard set forth in the Development Code. 46. Each residence shall maintain a minimum three-car garage,with each space being individually accessed and each maintaining a minimum unobstructed dimension of 9-feet-wide by 20-feet-deep by 7-feet-vertical clearance. 47. Chimneys, vents and other similar features shall not be any higher than the minimum height required by the Uniform Building Code. 48. Fences, walls, pilasters, hedges, etc. located within the 20-foot front-yard setback area shall not exceed forty-two inches (42") in height. 49. With the exception of solar panels, roof-mounted mechanical equipment is not permitted. Mechanical equipment may encroach upon the rear- and side-yard setback areas, provided that such equipment does not generate noise levels in excess of 65 dBA at the property line. P.C. Resolution No. 2009-48 Page 22 50. Construction of the approved project shall substantially comply with the plans originally stamped APPROVED and with the RS-3 district and site development standards of the Rancho Palos Verdes Development Code. 51. In the event that a Planning Division and a Building Division requirement are in conflict, the stricter standard shall apply. 52. The construction site and adjacent public and private properties and streets 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. 53. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. There shall be no idling vehicles and equipments related to the approved scope of the project prior to 7:00 a.m. and after 7 p.m. P.C. Resolution No. 2009-48 Page 23