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PC RES 2015-005 t 1 P.C. RESOLUTION NO. 2015-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE DIRECTOR'S APPROVAL AND THE PLANNING COMMISSION'S APPROVAL OF FENCE/WALL PERMITS WITH A MODIFICATION THAT SECTION C BE COMPRISED OF CHAINLINK MATERIAL AT 29023 SPRUCEGROVE DRIVE (ZON2OI4-00202 AND ZON2014- 00415). WHEREAS, on May 22, 2014, the property owner (Darrel Hesser) obtained an approval for an after-the-fact Site Plan Review to legalize an 8' tall combination wall along the side property line between the edge of the 20' front yard setback and the applicant's rear building façade (Z0N2014-00180); and, WHEREAS, on June 26, 2014, the Director approved a Fence/Wall Permit for an 8' tall combination wall along the side property line located between the applicant's rear building façade and the rear property line. Said wall consists of a 2'-6" tall framed acrylic fence on top of a 4' tall solid wood fence on top of an existing 1'-6" tall retaining wall (Z0N2014-00202); and, WHEREAS, on July 11, 2014, the abutting property owner of 29029 Sprucegrove Drive (Hossein and Vicky Shahbazian) submitted a timely appeal, requesting that the Planning Commission overturn the Director's June 26th decision (Z0N2014-00202) based on concerns related to the application process, view impairment, unpermitted retaining wall, and inconsistency with the Municipal Code; and, WHEREAS, on August 12, 2014, the Planning Commission continued the appeal hearing to September 9, 2014 based on the impacted agenda and the applicant's availability; and, WHEREAS, on September 9, 2014, the Planning Commission adopted Resolution No. 2014-26, thereby denying the appeal and upholding the Director's decision to allow an 8' tall combination wall along the south side property line, between the applicant's rear building façade and the rear property line (Z0N2014-00202); and, WHEREAS, on September 23, 2014, the abutting property owner of 29029 Sprucegrove Drive (Hossein and Vicky Shahbazian) submitted a timely appeal, requesting that the City Council overturn the Planning Commission's September 9th decision; and, WHEREAS, on October 14, 2014, the Director revoked the after-the-fact Fence/Wall Permit based on procedural error (Z0N2014-00180). More specifically, while a signed application, plans and an application fee is required at the time of application submittal, the application was processed without a signed application. Additionally, a notice of decision providing interested parties an appeal opportunity was not provided; and, WHEREAS, on October 31, 2014, a new after-the-fact Fence/Wall Permit is administratively approved to legalize an 8' tall combination wall along the south side property line between the edge of the 20' front yard setback and the applicant's rear building facade (Z0N2014-00415); and, P.C. Resolution No. 2015-05 Page 1 WHEREAS, on November 4, 2014, the City Council, pursuant to Staff's recommendation, remands the appeal back to the Planning Commission so that the entire side wall (ZON2014-00202 and ZON2014-00415) can be reviewed as a single unit; and, WHEREAS, on November 17, 2014, the abutting property owner of 29029 Sprucegrove Drive (Hossein and Vicky Shahbazian) submitted a timely appeal, requesting that the Planning Commission overturn the Director's October 31st decision (ZON2014-00415) approving an after- the-fact Fence/Wall Permit; and, WHEREAS, on November 20, 2014, a public notice of the December 9th appeal hearing was mailed to property owners within a 500' radius from the subject property and published in the Palos Verdes Peninsula News pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on December 9, 2014, the Planning Commission continued the appeal hearing to February 10, 2015 to allow Staff to check with the Acting City Manager and the City Attorney on the appropriateness in using the City's View Restoration Mediator to meet with the parties in attempt to resolve their differences; and, WHEREAS, on February 3, 2015, the City Council took no action to amend the View Restoration Mediator's contract to facilitate medication on this project as both the applicant and appellant believe that mediation would not be beneficial, thereby allowing the Planning Commission to continue with its consideration of the Fence/Wall Permit application appeal; 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 proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, the Planning Commission held a duly noticed public hearing on February 10, 2015, 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 combination wall, not to exceed 8' in height, as measured from the grade on the lower side at 29023 Sprucegrove Drive (applicant) and 7', as measured from the grade on the higher side at 29029 Sprucegrove Drive (appellant) along the south side property line. Wall sections A and B of attached Exhibit B consists of a solid wood fence on top of a retaining wall. Wall section C of the attached Exhibit B, as modified on February 10th, consists of a chainlink fence on top of a retaining wall. Wall section D consists of a chainlink fence up to 7' in height on grade, with no portion exceeding 4' above the building pad level of 29029 Sprucegrove Drive. Section 2: A Fence/Wall Permit is warranted because: A. The combination wall would not significantly impair a view from the viewing area of another property or a view from public property which has been identified in the City's P.C. Resolution No. 2015-05 Page 2 General Plan or Coastal Specific Plans, as a city-designated viewing area. More specifically, wall section C composed of an 8' tall combination wall of which 6'-6" tall chainlink portion would be above the grade level of 29029 Sprucegrove Drive would not cause significant view impairment as only a minimal amount of ocean view from the appellant's viewing area would be impaired. Additionally, when the entirety of the view is considered, the proposed combination wall would be located in the far right periphery of the appellant's view frame and the remaining ocean and Catalina views would not be impaired. Additionally, from the viewing area of 29043 Sprucegrove Drive (Wang), there would be even less view impairment caused by the proposed 8' tall combination wall as it would be located in the right periphery of the view frame and the remaining ocean and Catalina views would not be impaired. Furthermore, there are no public properties in the vicinity that has a view across the proposed project area and the subject property is not located within the City's coastal zone. Lastly, wall sections A, B and D, as conditioned, do not impair protected views. B. There is no foliage on the applicant's lot which exceeds 16' or the ridgeline of the primary structure, whichever is lower, that impairs a view from the viewing area of another parcel, or a view from public property which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing area. C. Placement or construction of a fence or wall complies with all applicable standards and requirements of the Rancho Palos Verdes Municipal Code and General Plan. More specifically, pursuant to Municipal Code Section 17.76.030(C)(b)(iii), "when combined, the total height of a fence, freestanding wall or retaining wall may not exceed 8', as measured from grade on the lower side, and may not exceed 7', as measured from the grade on the higher side". The proposed combination wall will not exceed 8' in height from the grade on the lower side at 29023 Sprucegrove Drive and 7' from the abutting property's grade on the higher side at 29029 Sprucegrove Drive. Additionally, the City's General Plan, Policy No. 14 of the Urban Environment Element states the following: "Prohibit encroachment on existing scenic views reasonably expected by neighboring residents" Only the rear corner of the 8' tall combination wall would project into a minimal amount of ocean view at the periphery of the view frame of the abutting neighbors' viewing area, while the remainder of the ocean and Catalina view would be preserved. Section 3: 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, February 25, 2015. 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 February 25, 2015. Section 4: 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 upholds the Director's approval and the Planning Commission's approval of Fence/Wall Permits, with a modification that section C be comprised of chainlink material subject to the conditions set forth in the attached `Exhibit A' and the project plan depicted in the attached `Exhibit B' (Case Nos. Z0N2014-00202 and ZON2014-00415). P.C. Resolution No. 2015-05 Page 3 1 PASSED, APPROVED AND ADOPTED this 10th day of February 2015, by the following vote: AYES: Commissioners Cruikshank, Emenhiser, James, Vice Chairman Nelson, Chairman Leon NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioners Gerstner, Tomblin 770 111> .ma Gordon Leon, Chairman Joel Ro.:5, A P Comm inity D -veto• =nt Director and Secret. . of e PI- • ing Commission P.C. Resolution No. 2015-05 Page 4 EXHIBIT 'A' CONDITIONS OF APPROVAL ATF FENCE/WALL PERMITS (ZON2014-00202 and ZON2014-00415) 29023 SPRUCEGROVE DRIVE 1. This approval is for the legalization of a combination wall not to exceed 8' in height, as measured from the adjacent grade on the lower side (29023 Sprucegrove Drive) and 7', as measured from the adjacent grade on the higher side (29029 Sprucegrove Drive). Specifically, as depicted in `Exhibit B' attached herein, wall sections A and B consists of a solid wood fence on top of an existing retaining wall. Wall section C consists of chain- link fence on top of a retaining wall. Wall section D consists of a chain-link fence up to 7' in height on grade, with no portion exceeding 4' above the building pad level of 29029 Sprucegrove Drive. 2. Wall section C shall be maintained as chain-link with no foliage growing on or within the chain-link material and no other obstructions placed on the chain-link fence. 3. 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 decision. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 P.C. Resolution No. 2015-05 Page 5 of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed and approved by the Community Development Director. 10. 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. 11. 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. 12. 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. 13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on 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. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 14. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 15. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. P.C. Resolution No. 2015-05 Page 6