Loading...
PC RES 2012-009 P.C. RESOLUTION NO. 2012-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL OF THE COASTAL HEARINGS OFFICER'S DECISION TO APPROVE, WITH CONDITIONS, A COASTAL PERMIT, SITE PLAN REVIEW AND GRADING PERMIT FOR THE CONSTRUCTION OF A NEW 21.33' TALL, 4,515FT2 SPLIT-STORY RESIDENCE WITH 285YD3 OF RELATED GRADING ON A VACANT LOT LOCATED AT 7 SEACOVE DRIVE (ZON2011-00242). WHEREAS, on August 29, 2006, the Rancho Palos Verdes Hearings Officer conditionally approved a Coastal Permit, Grading Permit and Site Plan Review (Case No. ZON2006-00113), for a new, 4,225ft2 two-story home, 690ft2 deck, swimming pool and 613yd3 of related grading on a vacant lot on 7 Seacove Drive.; and, WHEREAS, on September 13, 2006, a timely appeal was filed by a neighbor but was withdrawn on October 23, 2006, which became the final action date for the Planning approvals; and, WHEREAS, on February 11, 2008, the landowners (Joseph & Shannon DiSanto) requested administrative reissuance of the expired approvals, pursuant to the provisions of Section 17.86.070(D) of the Rancho Palos Verdes Development Code (RPVDC). The request was granted on March 5, 2008. This allowed the Planning approvals to be extended for 180 days, or until September 1, 2008; and, WHEREAS, on April 21, 2008, the Rancho Palos Verdes Hearings Officer conditionally approved a revision to the previously approved project (Case No. ZON2006-00113), allowing an additional 500ft2 of habitable area within the approved building footprint; and, WHEREAS, on October 16, 2009, a new landowner (Dana Ireland) requested and was granted an administrative reissuance of the expired approvals, pursuant to the provisions of Section 17.86.070(D) of the Rancho Palos Verdes Development Code (RPVDC). This allowed the Planning approvals to be extended for 180 days, or until April 14, 2010; and, WHEREAS, on August 29, 2011, an applicant (,Josh Tully, Michael Lee Architects) representing a new landowner (Shaun Phillips), submitted a Coastal Permit, Grading Permit and Site Plan Review, requesting approval to construct a new 4,875ft2 split-story residence with accessory structures a vacant lot located at 7 Seacove Drive; and, WHEREAS, the project was deemed complete and a public notice was mailed to all property owners within a 500' radius from the subject properly and published in the Palos Verdes Peninsula News on January 5, 2012 pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on January 23rd, after all interested parties were given an opportunity to be heard and present evidence, the Coastal Hearings Officer continued the public hearing to February 61h to provide the applicant an opportunity to address the concerns raised by the public. Subsequent public hearings were held on February 6th, 21st and 27th, at which time the public had concerns related to the apparent bulk and mass and continued the matter to the March 27th public hearing to allow the applicant additional time to address the concerns; and, P.C. Resolution No. 2012-09 Page 1 WHEREAS, on March 27, 2012, the Coastal Hearings Officer approved the proposed project, allowing the construction of a new 21.33' tall, 4,515ft2 split-story residence with 285yd of related grading on a vacant lot; and, WHEREAS, on April 1 offi, two separate neighbors (Yamamoto & Hartman) submitted a timely appeal, requesting that the Planning Commission overturn the Coastal Hearings Officer's approval based on neighborhood compatibility concerns; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQX), 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 Case No. ZON2011-00,242 will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15303); and, WHEREAS, a public notice was mailed to all property owners within a 500' radius from the subject property and published in the Palos Verdes Peninsula News on April 19, 2012 pursuant to the requirements, of the Rancho Palos Verdes Development Code; and, WHEREAS, one of the appellants (Yamamoto) submitted an email requesting a continuance because she was unable to attend the scheduled May 8, 2012 Planning Commission hearing due to a family tragedy; and, WHEREAS, the Planning Commission held a duly noticed public hearing on May 8, 2012 and continued the hearing to May 22, 2012, to provide an opportunity for one of the appellants (Yamamoto) an opportunity to attend the next hearing and voice her concerns; and, WHEREAS, the Planning Commission held a duly noticed public hearing on May 22, 2012, 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: The proposed project involves a new 21.33' tall, 4,515ft2 split-story residence with 285yd' of related grading on a vacant lot located at 7 Seacove Drive. Section 2: A Coastal Permit is warranted because: A. The proposed development is consistent with the Coastal Specific Plan. The project site lies within a non-appealable portion of Subregion 4 of the City's Coastal Specific Plan. The Coastal Specific Plan land use designation of the property is Residential (2-4 DU/acre) and Subregion 4 Policy No. 1 calls upon the City to "require all new housing within the confines of Subregion 4 to be of a single-family nature". The development of a single-family residence on this lot is consistent with this land use designation and policy. Furthermore, Subregion 4 Policy No. 2 calls upon the City to "require development abutting the natural drainage course to maintain the character of the course", respectively. The subject property abuts the property that contains the natural drainage course, and the applicant will be required to submit a drainage plan for review and approval to the Building & Safety Division, P.C. Resolution No. 2012-09 Page 2 B. The proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The subject site lies within a non-appealable portion of Subregion 4 of the City's Coastal Specific Plan and is not located between the sea and the first public road. Section 3- A Grading Permit is warranted for 285yd 3 because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. Based upon the underlying RS-4 zoning designation, the primary permitted use of the property is for single-family residential uses, including related uses such as fences, walls, decks and swimming pools. Approximately half of the proposed grading (140yd3) falls within the proposed building footprint and is directly supportive of the construction of the house, while the remaining 145yd 3 is for related accessory structures (i.e. deck, walls, etc.). B. 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. The proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure is lower than a structure that could have been built in the same location on the lot if measured from preconstruction (existing) grade. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing "natural" contours of the project site are partly the result of past mass grading for the neighborhood in the early 1950s, The proposed grading is solely will be for excavation within the footprint of the house and additional cut/fill around the perimeter for the creation of yard space. D. 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. The existing "natural" contours of the project site are partly the result of human alteration in the past. There are no significant natural topographic features that would be disturbed by the proposed grading. E The grading and/or related construction is compatible with the immediate neighborhood character in terms of scale of surrounding residences, including total square footage and lot coverage of the residence and all ancillary structures; architectural styles, including facade treatments, structure height, open space between structures, roof design, the apparent bulk or mass of the structure, number of stories, and building materials; front-, side-, and rear-yard setbacks. Although the proposed structure size of 4,515ft2 will result in the second largest home in the neighborhood, the lower level will be partially subterranean due to the split-story nature of the home. Additionally, the single-story portion behind the front fagade will not be readily visible due to its location and the overall height being limited to the same relative level as the existing fence along the westerly property line. Also, the proposed structure is setback 32'-8" from the street while the upper floor is recessed even further, creating a smaller appearing structure from the public right-of-way. Various setbacks, building materials, colors and design features are used on all facades to create an articulated structure that does not appear bulky or massive. P.C. Resolution No. 2012-09 Page 3 Moreover, the proposed setbacks, open space and architectural style are consistent with other homes in the immediate neighborhood. F. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. There is no evidence of natural landscape or wildlife habitat on the subject property, which is an undeveloped lot in an established single-family neighborhood. G. The grading conforms to the City's standards for grading on slopes, creation of new slopes, heights of retaining walls, and maximum driveway steepness with exception to the side yard retaining walls in excess of 3,.5' in height. The two proposed retaining walls in excess of 3.5' along the east and west property line are warranted because they are necessary to allow adequate flat area around the new single-family residence, which is a type of development consistent with the purpose of the Grading Permit for a residential property. Additionally, allowing retaining walls in excess of 3.5' along both side property lines will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity since there are other neighboring properties with similar improvements with comparable topography. Furthermore, allowing retaining walls in excess of 3.5' in height along the side property lines will not be detrimental to the public safety nor to other property since geotechnical and structural review will be required through the Building & Safety Division. Section 4: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, 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, June 6, 2012. A $2,275.00 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 June 6, 2012. Section 5: 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 denies the appeal and affirms the Coastal Hearings Officer's decision to approve, with conditions, the Coastal Permit, Site Plan Review and Grading Permit, subject to the conditions set forth in the attached 'Exhibit A' (Case No. ZON2011-00242). P.C. Resolution No. 2012-09 Page 4 PASSED, APPROVED AND ADOPTED this 22'0 day of May 2012, by the following vote: AYES: Commissioners Gerstner, Leon, Lewis, Nelson, Tomblin, Vice Chairman Emenhiser, Chairman Tetreault NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: None Paul Ifetreault,- Chairman ren it- Joel--R�—bJ-a-s--,--A--FC15- J— Community Development Director and Secretary of the Planning Commission P.C. Resolution No. 2012-09 Page 5 EXHIBIT `A' CONDITIONS OF APPROVAL CASE NO. ZON2012-00242 (7 SEACOVE DRIVE) General Conditions: 1 Prior to the submittal of plans into Building and Safety plan check, 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 exhibit. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. Z Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 3. 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. 4. The Community Development Director 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. 5. 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. 6. 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. 7. 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 decision, 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 Community Development Department and approved by the Director. 8. 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. 9. 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 decision. P.C. Resolution No. 2012-09 Page 6 10. 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. 111. 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 before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 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. Proiect Specific Conditions: 14. This approval is for a 4,515ft' split-story residence, which includes a 600ft' two-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 15. The maximum ridgeline of the approved project is 225.33'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the Finished Floor Elevation at 204', 16. All upper floor windows located below 6'-3" along the west fagade (facing 9 Seacove Drive), with exception to the front office and rear master bedroom, shall be of obscure material. 17. This approval is also for a swimming pool and spa in the rear yard. Both accessory structures shall maintain a minimum setback of 3' from all property lines. A fence or wall not less than 5' in height shall be required. Any gate or door to the outside shall be equipped with a self-closing device and a self-latching device located not less than 4' above the ground. Such fences, walls and gates shall meet City specifications and shall be constructed to the satisfaction of the Building Official. 18. This approval is for 285yd 3 of grading (180yd3 of cut & 105yd' of fill), underneath and outside of the building footprint. The following retaining walls are allowed: i. A retaining wall up to 2_7' in height in the front yard; ii. A retaining wall up to 5.5' in height along the east side property line, and, P.C. Resolution No. 2012-09 Page 7 iii, A retaining wall up to 6' in height along the west side property line. 19. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 20. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 21. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 50% lot coverage (40% proposed). 22. The approved residence shall maintain the following setbacks: M 32'-8" FYSB to the building with a 44'-81/2" FYSB to the upper kitchen and a ±52' FYSB to the upper office-, 0 30' FYSB to the upper story balcony; 0 52'-11" FYSB to a portion of the utility room on the lower floor; a 8'-6" west SYSB to the garage and 5' SYSB to the remaining west fagade of the lower floor; a 11'-8" west SYSB to the kitchen and 5' SYSB to the remaining west fagade of the upper floor; a 5' east SYSB; and, a 15'-2" RYSB, The setbacks shall comply with the plans presented at the Coastal Hearings Officer meeting on February 28, 2012. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 23. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 24. A minimum of two enclosed parking spaces shall be provided and maintained in a garage, and a minimum of two unenclosed parking spaces shall be provided and maintained as a driveway, on the property. Each parking space shall be individually accessible and maintain minimum unobstructed dimensions of 9' in width and 20' in depth. 25. Prior to Building Permit final, landscaping shall be installed by the applicant along the west property line, extending from the front fagade of 7 Seacove Drive to the rear faQade of 9 Seacove Drive. Landscaping shall not exceed 3'-6" in height within the 20' front yard setback and shall not exceed 16' in height outside of the front yard setback. 26. An 18"-wide landscaped area shall be maintained between the side property line and the adjacent driveway. 27. The proposed mechanical equipment in the rear yard shall comply with the following: iv. Maintain a 3' setback from side property lines and 5' from the rear property line; V. Noise levels shall not exceed 65dBA, as measured from the closest property P.C. Resolution No. 2012-09 Page 8 line-, vi. Height shall not exceed 6' in height; vii. No part shall encroach 50ft' or more into an extreme slope-, viii. No part shall be located more than 6', as measured from the top of an extreme slope; and, ix. Adequately screened from view from adjacent properties. P.C. Resolution No, 2012-09 Page 0