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PC RES 2013-021 P.C. RESOLUTION NO. 2013-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A SITE PLAN REVIEW, GRADING PERMIT, MINOR EXCEPTION PERMIT AND A VARIANCE (CASE NO. ZON2013-00328) TO RELOCATE AN EXISTING 60OKW BACK-UP GENERATOR, REPLACE AND RELOCATE AN EXISTING EDISON PREFERRED EMERGENCY SWITCH, AND INSTALL A LOAD BANK ON THE PROPERTY WITH REDUCED SETBACKS. THE REQUEST ALSO INCLUDES 80YD3 OF GRADING, CONSTRUCTION OF COMBINATION WALLS, FREE- STANDING WALLS AND GATES UP TO 9'-10" IN HEIGHT ALONG THE FRONT AND SIDE PROPERTY LINES, AND LANDSCAPING AROUND THE PERIMETER OF THE PROPERTY LOCATED AT 6031 PALOS VERDES DRIVE SOUTH. WHEREAS, the Sanitation Districts of Los Angeles County, applicant and property owner of the parcel located at 6031 Palos Verdes Drive South, submitted applications to the Community Development Department for processing on July 23, 2013; and, WHEREAS, the proposed applications were deemed complete on August 26, 2013; and, WHEREAS, the Public Works Department reviewed the proposal and granted approval on August 27, 2013; 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 Case No. ZON2013-00328 will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, after notice issued on September 5, 2013, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 24, 2013, 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 is a request for the following: A. Move the existing 11'-10" tall, yellow back-up generator, which is currently parallel with the front property line facing Palos Verdes Drive South and flip it 90 degrees, placing it along the east side property line instead. As a result, the shorter side of the back-up generator will be facing and located further away from the front property line, with a reduced setback of 16-10". Additionally, the back-up generator will be painted a more neutral color, such as putty to make it less visually apparent. P.C. Resolution No. 2013-21 Page 1 of 9 B. Replace the malfunctioning Edison preferred emergency (PE) switch and move it from the current location at the northeast corner as the back-up generator will be moved to that location. As a result, the new Edison PE switch will be located at the southwest corner of the site, with a reduced front yard setback of 7'-8". C. Install a load bank near the Edison PE switch with a reduced front yard setback of 5-2". D. Remove the existing retaining wall along the west property line and replace it with a new combination wall that slopes with the existing grade, measuring 8' high (5' wall with 3' fence on top) at the southwest corner at the front, decreasing to 5' high at the rear. This wall will continue to wrap around the front, along the front property line with a free- standing wall, a gate dedicated for Edison's access and a main entry gate that measure 5'-8" high at the southwest corner to 7'-5" high at the southeast corner. This wall will continue to wrap around to the east property line, where an existing retaining wall will be removed and replaced with a combination wall that measures 9'-10" high (6-10" wall with 3' fence on top) near the southeast corner at the front, decreasing to 6'-10" high (1'- 10" wall with 5' fence on top) at the rear. Additionally, a 3.5' tall guardrail will be installed on top of the existing retaining wall at the rear, not exceeding a total height of 11.5'. A total of 80yd3 is proposed for the construction of the walls. E. Install landscaping on and around the perimeter of the new walls at the front and east side to soften the appearance of the walls and screen the facility. Section 2: Approval of a Site Plan Review is warranted because the proposed back- up generator, Edison preferred emergency (PE) switch and load bank meets the standard height requirements and reduced setbacks per the Minor Exception Permit and Variance findings below in Sections 4 and 5. Section 3: Approval of a Major Grading Permit is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. More specifically, the existing Wastewater Pumping Plant facility has been in place since 1978, which pumps the sewage around the Portuguese Bend area. The purpose of the proposed grading is to create a larger area to relocate an existing back- up generator by removing existing retaining walls and constructing new walls further into existing slopes, closer to the side property lines for screening and security purposes. 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. More specifically, the building pads of the residential properties to the west/northwest are at least 40' higher in elevation and the viewing areas of the property located to the north and east are located approximately 200' higher than the subject property. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the pad of the subject site will be minimally increased by pushing the existing retaining walls few feet closer to the side and front property lines. Since the new combination walls will be constructed with the grade of the slope, there will be minimal disturbance to natural contours, and no man- made slopes are proposed. P.C. Resolution No. 2013-21 Page 2of9 D. The grading takes into account the preservation of natural topographic features and appearances by not creating man-made slopes and minimizing grading to only what is necessary for the placement of the back-up generator. E. The grading and/or related construction is not for new single-family residences. F. The grading is not for new residential tracts. G. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside. More specifically, the proposed project involves removal and replacement of existing curbs and pavement that extends partially within the public right-of-way. The new curbs will be located in the same general location, tied into the new freestanding walls along the front property line. Additionally, the Public Works Department reviewed the project and granted an approval in concept. H. The grading would not cause excessive and unnecessary .disturbance of the natural landscape or wildlife habitat through removal of vegetation as there are none on the subject property. I. The grading conforms to standards that restrict grading over 35% slopes; creating finished slopes that are of 35% steepness; cutting or filling in excess of 5'; grading over 50% steepness; constructing more than one 8' tall upslope wall, one 3.5' tall downslope wall, one 5' tall wall adjacent to the driveway, retaining walls within building footprints in excess of 8' high; driveway slopes exceeding 20%; and slopes exceeding 67% adjacent to the driveways. More than one 3.5' tall retaining wall in the side yards is warranted because: a. All other standards mentioned above can be met. b. The purpose is consistent with the grading section of the Municipal Code, which is to promote the public health, safety and general welfare through permitting reasonable development of land to ensure the maximum preservation of the natural scenic character of the area consistent with reasonable economic use of the property and that the development of each parcel occurs in a manner harmonious with adjacent lands. More specifically, the grading minimally increase the pad area to rotate/relocate the existing back-up generator, while constructing perimeter walls screened by foliage to visually hide and secure the property. c. It does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity since retaining walls in excess of 3.5' in height along both sides of properties are common in residential districts. Since the existing retaining walls are taller than 3.5' and the proposal is merely to move it closer to the side property line, the proposed change will be negligible and the existing facility will appear relatively the same, with exception to substantial greenery proposed around the perimeter of the site. P.C. Resolution No. 2013-21 Page 3 of 9 d. It will not be detrimental to the public safety nor to other property because the proposal will be subject to Public Works and Fire Department review prior to construction. e. Notice of decision shall be given to the applicant and to all owners of property adjacent to the subject property. Section 4: Approval of a Minor Exception Permit is warranted by practical difficulties for 1) wall heights outside of the front yard setback measuring up to 9'-10" in height and 2) reduced setbacks for the back-up generator. 1) The proposed combination wall consists of a wall with a fence on top measuring up to 9'- 10" in height, which exceeds the Code allowed maximum of 6' from the highest grade and 8' from the lowest grade. The proposal is to move the existing retaining walls that follow the grade of the slope along the side, closer to the property lines and install a fence on top to secure the site. Placing the fence on top of the retaining wall results in a height above the Code allowed maximum. Given the topography of the site, there is no other practical alternative to protect the public from accidentally falling into the site and securing the property without a proper barrier on top of the retaining walls. 2) The existing back-up generator is 28' in length and 8' in width. Given that the depth of the property is 60' and the required setbacks for front and rear combined is 35', this leaves 25' for improvements. Also, given that retaining walls are needed for the site, even less space remains for improvements. Since the existing back-up generator is 28' in length, reduced setbacks are inevitable to place it parallel with the side property line. Moving the existing generator from the front and rotating it to place it parallel with the side property line makes the structure less visible from the public right-of-way and no longer requires a Variance approval. Section 5: Approval of a Variance to allow wall heights exceeding 6' within the front yard setback and reduced setbacks for the Edison PE Switch and Load Bank are warranted because: A. There are exceptional or extraordinary circumstances or conditions 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. More specifically, walls taller than 3.5' in height along the front property line facing Palos Verdes Drive South screened with foliage hides the existing facility from adjacent properties. Additionally, taller barriers provide security to the site and helps contains noise generated from the facility. Furthermore, given the lack of space on the facility, the only area left to place additional equipment is within the front yard setback. Both the Edison PE Switch and the Load Bank are necessary equipment in times when there may be a failure in the power source that feeds the facility. The site is unique in that it is a residential property improved with public utilities that serve a portion of the community. The existing use itself on a relatively small lot is an extraordinary condition that would not generally apply to other properties in the same zoning district. B. Such 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. More specifically, the existing use P.C. Resolution No. 2013-21 Page 4 of 9 and improvements on the subject property are unique for a residential property. The subject site is a major public facility that serves Portuguese Bend. Allowing security barriers taller than 3.5' along the front property line and the placement of necessary equipment within the front yard setback due to lack of space is not comparable to ancillary improvements that would normally be proposed on residential properties. The public facility will continue to serve a portion of the City and the proposed equipment and security barriers are necessary for the preservation of the property right and continued function of the site. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located since adequately securing the site and improving its aesthetics would only be a benefit to the public. Additionally the proposal would be subject to Public Works and Fire Department review. D. Granting the variance will not be contrary to the objectives of the general plan or policies and requirements of the coastal specific plan. More specifically, the subject property is not within the Coastal Zone of the City and therefore the Coastal Specific Plan does not apply. Additionally, the proposed project is consistent with Infrastructure Policy No. 8 by covering all walls with vines and providing landscaping around the perimeter of the property. The proposed project is also consistent with Safety Policy Nos. 9 and 10 by ensuring services and adequate emergency treatment facilities are provided by allowing the relocation of the back-up generator and installation of the Edison PE Switch and the Load Bank with reduced setbacks. Section 6: 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, October 9, 2013. 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 October 9, 2013. Section 7: 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 conditionally approves a Site Plan Review, Major Grading Permit, Minor Exception Permit and Variance applications for property located at 6031 Palos Verdes Drive South (Case No. ZON2013-00328). P.C. Resolution No. 2013-21 Page 5 of 9 PASSED, APPROVED AND ADOPTED this 24th day of September 2013, by the following vote: AYES: Commissioners Gerstner, Nelson, Tetreault, Vice Chairman Leon and Chairman Emenhiser NOES: None ABSTENTIONS: Natio RECUSALS: None ABSENT: Commissioners Lewis and Tomblin ve Em nhiser Chairman Joel Rojas,othe Communitylopment rector; and, Secretary oPlanning ommission P.C. Resolution No. 2013-21 Page 6 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2013-00328 (SPR/GR/MEPNAR) 6031 PALOS VERDES DRIVE SOUTH 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 Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. 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. 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. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. P.C. Resolution No. 2013-21 Page 7 of 9 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. 11. 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. Project Specific Conditions: 14. This approval is for the following: i. Move the existing 11'-10" tall, yellow back-up generator, which is currently parallel with the front property line facing Palos Verdes Drive South and flip it 90 degrees, placing it along the east side property line instead. As a result, the shorter side of the back-up generator will be facing and located further away from the front property line, with a reduced front yard setback of 16-10". Additionally, the back-up generator will be painted a more neutral color, such as putty to make it less visually apparent. ii. Replace the malfunctioning Edison preferred emergency (PE) switch and move it from the current location at the northeast corner to the southwest corner of the site, with a reduced front yard setback of 7'-8". iii. Install a load bank near the Edison PE switch with a reduced front yard setback of 5'-2". iv. Remove the existing retaining wall along the west property line and replace it with a new combination wall that slopes with the existing grade, measuring 8' high (5' wall with 3' fence on top) at the southwest corner at the front, decreasing to 5' high at the rear. This wall will continue to wrap around the front, along the front property line with a free- standing wall, a gate dedicated for Edison's access and a main entry gate that measure 5-8" high at the southwest corner to 7'-5" high at the southeast corner. This wall will continue to wrap around to the east property line, where an existing retaining wall will be removed and replaced with a combination wall that measures 9'-10" high (6-10" wall with 3' fence on top) near the southeast corner at the front, decreasing to 6-10" high (1'- 10" wall with 5' fence on top) at the rear. Additionally, a guardrail will be installed on top P.C. Resolution No. 2013-21 Page 8 of 9 of an existing retaining wall at the rear, not exceeding a total height of 11.5' in height. A total of 80yd3 is approved for the construction of the walls. V. Install landscaping on and around the perimeter of the new walls at the front and east side to soften the appearance of the walls and screen the facility, per the approved landscaping plan. The landscaping shall be maintained per the landscaping plan to screen all the walls per the satisfaction of the Community Development Director. vi. Prior to construction, Public Works and Fire Department review and approval is required. P.C. Resolution No. 2013-21 Page 9 of 9