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PC RES 2010-004 P.C. RESOLUTION NO. 2010-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A SITE PLAN REIVEW AND GRADING PERMIT, TO CONDUCT 1,500YD3 OF GRADING FOR THE CONSTRUCTION OF A NEW 27'-7" TALL, 3,463FT2 TWO-STORY RESIDENCE, AND THREE SEPARATE RETAINING WALLS AT 2700'/2 SAN RAMON. WHEREAS, on December 21, 2001, a Site Plan Review application (ZON2001-00213) was submitted, requesting approval to conduct 505 cubic yards of grading to accommodate a new 3,508ft2 two-story residence; and, WHEREAS, on March 23, 2003, the Director of Planning, Building and Code Enforcement denied this application based on the following reasons: the distribution of grading does not minimize disturbance to the natural contours and the finished contours are not reasonably natural; the proposed fill are not consistent with and do not preserve the natural contours nor blend in with the natural topography; the proposed design of the new home is not compatible with the neighborhood; and insufficient geotechnical information pertaining to the stability of the site; and WHEREAS, on April 7, 2003, the property owner (Harold Thompson) appealed the Director's decision to the Planning Commission; and, WHEREAS, on July 22, 2003 the Planning Commission adopted Planning Commission Resolution No. 2003-32, denying without prejudice the appeal, thereby upholding the Director's decision of denial; and, WHEREAS, on August 5, 2003, the property owner filed an appeal of the Planning Commission's decision to the City Council, but indicated that additional information would be collected and submitted as part of the appeal; and, WHEREAS, on July 23, 2009, the property owner submitted a re-designed project in an attempt to address the issues raised in denying the project; and, WHEREAS, on September 15, 2009, the City Council denied the appeal without prejudice and directed staff to credit the paid appeal fee towards the new application fee because the revised project differed substantially from the previously considered project and time lapse of six-years since the original appeal; and, WHEREAS, on October 2, 2009, a new application was submitted (Site Plan Review, and Grading Permit), requesting to conduct 1,500 yd grading to accommodate a new two-story 3,463ft2 residence; and, WHEREAS, on October 8, 2009, the project was deemed incomplete based on missing information; and, WHEREAS, on December 18, 2009, the project was deemed complete after subsequent reviews; and, P.C. Resolution No. 2010-04 Page 1 WHEREAS, a notice was published on December 31, 2009, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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), the Planning Commission found no evidence that the Site Plan Review and Grading Permit will have a significant effect on the environment and, therefore, the project has been found to be categorically exempt under Class 3 (Section 15303— New Construction); and, WHEREAS, the Planning Commission held a duly noticed public hearing on February 9, 2010, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project is a request to 1) construct a 27'-7" tall, 3,463ft2 two-story residence; 2) conduct 1,500yd3 of grading; and 3) construct a 3.5' and a 7.8' tall retaining wall adjacent to the new driveway, and a 7' tall retaining wall integrated into the residence to accommodate a rear patio-courtyard on a vacant lot. Section 2: That the Grading Permit is warranted because the grading is to accommodate a new residence with a driveway; and therefore, does not exceed that which is necessary for the permitted primary use of the lot. Section 3: That the Grading Permit is warranted because the proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. More specifically, the proposed grading at the building pad area is to lower the existing grade and creating a new lower finished grade. Lowering the building pad results in lowering the overall ridge of the new structure that would have higher if it was built in the same location on the lot if measured from preconstruction grade. Section 4: That the Grading Permit is warranted because the nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the total grading area is approximately 30% of the total lot size and the remaining 70% of the lot will remain untouched. The applicant is only proposing to grade what is necessary to accommodate a new residence and a driveway for access purposes. The proposed project does not involve excessive grading beyond the building footprint for any yard space other than a 4' wide walkway and an octagonal courtyard to the rear of the new home. Additionally, the applicant is proposing to create 2:1 slopes beyond the proposed retaining walls adjacent to the driveway, turnaround area, garage and 3:1 slopes beyond the rear of the new home. The purpose of the created slopes is an attempt to blend them in with the natural slopes existing beyond the grading area to make it appear continuous with the remaining slopes on the subject lot. Section 5: That the Grading Permit is warranted because the grading 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 the natural topography. P.C. Resolution No. 2010-04 Page 2 More specifically, the proposed 2:1 and 3:1 slopes adjacent to the proposed new retaining walls and structures are intended to blend in with the remaining existing slopes to preserve the topographical features on site. Section 6: That the Grading Permit is warranted because the grading and/or related construction is compatible with the immediate neighborhood character in terms of the scale of surrounding residences, including total square footage and lot coverage of residence and all ancillary structures; architectural styles, including fagade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; and front, side and rear yard setbacks. Specifically, the proposed project will result in a 3,463ft2 two-story residence, which is 37% larger than the average home (2,519ft2) and 16% smaller than the largest home in the neighborhood. The entire structure will be set lower than the building pad levels of neighboring properties and will only be visible from portions of the public right-of-way (Palos Verdes Drive East) and other properties located in distant residential tracts. Due to the strategic location and finished building pad level, no views will be obstructed by the proposed project. Additionally, the proposed setbacks are larger and the proposed lot coverage is significantly below the maximum allowed 40% in a RS-2 zoning district and the neighboring properties, primarily due to the lot size. Furthermore, the proposed home includes design elements typically found in Ranch style homes similar to what exists in the immediate neighborhood and uses multiple setbacks to reduce the apparent bulk or mass. Section 7: That the Grading Permit is warranted because the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation as none exist on the subject property. Section 8: All grading criteria found in RPVMC §17.76.040(E)9 can be made with exception of subsection (E)(9)b, which requires that no finished slopes be greater than 35%, and subsection (E)(9)(e)iv, which requires that no retaining walls be taller than 5' in height adjacent to driveways. The proposed project deviates from these two requirements because it includes finished slopes greater than 35% adjacent to the proposed driveway, detached garage and the residence and a 7'-8" tall retaining wall adjacent to the turn around area on the proposed driveway. The Planning Commission may grant a request in excess of that permissible under subsection (E)9 provided that all of the findings within subsection (E)10 can be met. Subsection (E)10 can be met because: a) The criteria of subsections (E)1 through (E)8 are satisfied; b) The approval is consistent with the purposes of the Grading permit; c) Departure from the standards in subsection (E)9 will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity; and, d) Departure from the standards of subsection (E)9 will not be detrimental to the public safety nor to other property. Additionally, the proposed project does not involve grading beyond what is necessary for reasonable development of a residence and related access while preserving the hillside character by preserving slopes to blend in with the existing slopes on site. Unique from other neighboring lots, the subject parcel is a downsloping lot that requires retaining walls to support a home and related access. To deny the request is to not allow the construction of a new home and access, which is typical on any residential lot in the City. Additionally, additional reviews and approvals (i.e. SUSMP and Geotechnical) will be required as part of Building and Safety's plan check review to ensure public safety. Furthermore, from an aesthetic standpoint, the P.C. Resolution No. 2010-04 Page 3 proposed project cannot be seen from properties on San Ramon Drive. Although it can be seen from other properties in neighboring tracts and from Palos Verdes Drive East, the proposed project is no more apparent than other homes constructed at the top of the canyon. Section 9: That the Site Plan Review is warranted because the single-story portions and other accessory structures of the proposed project (i.e. trellis, skylight, and solar panels) that are not integral part of the proposed two-story structure comply with the RS-2 development standards. Section 10: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, February 24, 2010. A $2,255.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on February 24, 2010. Section 11: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves, a Site Plan Review and Grading Permit for 1,500yd3 of grading and the construction of a new 27'-7" tall, 3,463ft2 two- story residence (Case No. ZON2009-00396). PASSED, APPROVED AND ADOPTED this 91h day of February 2010, by the following vote: AYES: Commissioners Perestam, Ruttenberg, Tomblin, Vice Chairman Gerstner NOES: Commissioner Knight, Chairman Lewis ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Tetreault Aey Joel Roj ICP Director of lanning, O- ar ng and Coe nforcemed, Secretary of the Planning Commission P.C. Resolution No. 2010-04 Page 4 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR ZON2009-00396 General Conditions: 1. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 2. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision by the final body that approved the original project, which may require new and separate environmental review. 3. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 5. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. 6. Prior to the commencement of construction, the applicant shall obtain all applicable permits as required by the Building and Safety Division. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. 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. P.C. Resolution No. 2010-04 Page 5 10. 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. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way or easements before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 11. 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 that upon which such light source is physically located. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14. This approval allows the grading and construction of a new two-story residence consisting of the following: Grading i. 750yd3 of cut (225yd3 within the building footprint &525yd3 outside); ii. 750yd3 of fill (1yd3 within the building footprint& 749yd3 outside); iii. Driveway with a maximum slope of 15%; iv. 3.5' tall retaining wall adjacent to the new driveway; v. 7.8' tall retaining wall adjacent to the turn-around area on the driveway; vi. 7' tall retaining wall to accommodate an octagonal courtyard to the rear; Residence vii. 1,723ft2 first floor, 1,340ft2 second floor, and 400ft2 detached garage; viii. Patio/deck to the rear off the first/lower floor; ix. One skylight on the roof; x. Photovoltaic electric panels on the roof; A. Solar water heating panels on the roof; and, xii. Trellis over the entry courtyard area. 15. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (14% proposed) and the following setbacks from the applicable property lines: Front 20'-0" (20' proposed to the garage, 45' proposed from SFR) Side (W) 5'-0" (20' proposed) P.C. Resolution No. 2010-04 Page 6 Side (E) 5'-0" (330' proposed) Rear 15'-0" (20'-35' proposed) 16. The maximum overall height shall not exceed 27'-7" as measured from the point where the lowest foundation or slab meets the finished grade; and 15'-4", as measured from the average elevation of the setback line to the ridgeline (868) of the structure. 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 ROOF FRAMING/SHEETING INSPECTION. 17. Maximum hardscape coverage within the 20' front-yard setback area shall not exceed 50%. 18. A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7'vertical clearance. PRIOR TO THE SUBMITTAL OF PLANS INTO BUILDING AND SAFETY PLAN CHECK: 19. The applicant and the 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 Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 20. The applicant shall obtain an encroachment permit from the Director of Public Works for any curb cuts, or any other temporary or permanent improvements within the public rights-of-way. Further, the applicant shall obtain an encroachment permit from the Planning, Building and Code Enforcement department for any proposed dumpsters in the public right-of-way. PRIOR TO BUILDING PERMIT ISSUANCE 21. The applicant shall demonstrate that the 10' easement leading from the street (San Ramon) to the property (2700'/2 San Ramon) is clear of any structures and physically accessible. 22. The applicant shall submit a complete Standard Urban Stormwater Mitigation Plan to the Building and Safety Division for review and approval. 23. The applicant shall submit a geotechnical report to the Building and Safety Division for final review and approval. COUNTY OF LOS ANGELES FIRE DEPARTMENT — PRIOR TO BUILDING PERMIT ISSUANCE 24. Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. 25. The gradient of Fire Department vehicle access roads shall not exceed 15% unless approved by the Chief. P.C. Resolution No. 2010-04 Page 7 26. Grade breaks shall not exceed the maximum angle of approach or departure for Fire Department apparatus. 27. Building address numbers shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall be a minim of 3" high, 1" wide with a 3/8" stroke. For buildings set back more than 150' from the street, the numbers shall be a minimum of 5" high, 2" wide with a Y2" stroke. 28. Provide a 1-hour fire-resistive Occupancy Separation between the R-3 occupancy and the U-1 occupancy as required by Building Code 302.1 and as set forth in Building Code 302.4. 29. Provide an approved automatic fire sprinkler system. Plans shall be submitted to the Sprinkler Plan Check Unit for review and approval prior to installation. 30. Exit doors shall be capable of opening without the use of a key or any special knowledge or effort. 31. Comply with Title 24, 310.9.1 regarding fire warning systems. Smoke detectors to be hard wired with a battery backup. 32. Comply with Title 24, 310.4 regarding secondary egress requirement. 33. The applicant shall install one on-site fire hydrant. The required fire flow for PUBLIC fire hydrants at this location is 1,250 gpm, at 20 psi residual pressure, for duration of 2 hours over and above maximum daily domestic demand. The hydrant shall be installed prior to Building Permit Final. P.C. Resolution No. 2010-04 Page 8