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PC RES 2003-044P.C. RESOLUTION NO. 2003-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING WITH CONDITIONS VESTING TENTATIVE PARCEL MAP NO. 27090 (CASE NO. SUB2003-00006), THEREBY ALLOWING THE SUBDIVISION OF A 83,638 SQUARE -FOOT PARCEL INTO TWO (2) SEPARATE PARCELS; HEIGHT VARIATION, GRADING PERMIT, AND MINOR EXCEPTION PERMIT CASE NO. ZON2002-00602, THEREBY ALLOWING THE CONSTRUCTION OF A NEW 6,600 SQUARE FOOT SINGLE FAMILY RESIDENCE, THE GRADING OF 3,360 CUBIC YARDS, AND THE CONSTRUCTION OF A 5'-0" HIGH FENCE, PILASTERS AND GATE, FOR PROPERTY LOCATED AT 30357 DIAMONTE LANE. WHEREAS, on December 2, 2002 an application for Grading Permit Case No 2002-00602 was submitted to the Planning Department to allow the construction of a new 6,600 square foot single-family residence, and grading of 3,360 cubic yards; and, WHEREAS, on March 25, 2003 an application for Height Variation, Minor Exception Permit, and Vesting Tentative Map No 27090 were submitted to the Planning Department; and, WHEREAS, on July 23, 2003 the subject applications were deemed complete for processing by Staff; and, WHEREAS, on July 31, 2003 the required public notices for the September 9, 2003 Planning Commission meeting were mailed to property owners within a 500 foot radius of the subject property, and a nonce was published in the Peninsula News on August 2, 2003; 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 City of Rancho Palos Verdes prepared an Initial Study and the Planning Commission determined through the adoption of a Negative Declaration that there is no substantial evidence that the approval of Vesting Tentative Parcel Map No 27090 (Case No SUB2003-00006), Height Variation, Grading Permit, and Minor Exception Permit (Case No ZON2002-00602) would result in a significant adverse effect upon the environment` WHEREAS, on September 9, 2003, the Planning Commission continued this application to allow Staff more time to work with the applicant to address some concerns; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 23, 2003, at which all interested parties were given the 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 Vesting Tentative Parcel Map No. 27090 is consistent with the City's General Plan since the Land Use designation for the site is residential with a density of 1-2 dwelling units per acre, and residential lots within this density range would generally permit lots with a minimum size of 20,000 square -feet The proposed subdivision would create two lots, one being 46,207 square feet and the other being 37,431 square feet Section 2: That the design or improvement of the proposed subdivision is consistent with the General Plan in that the proposed lots comply with the requirements set forth in the Development Code for a RS -2 Zoning District, including the lot widths and depths I Section 3: The subject site is suitable for the proposed type and density of development because the size of the subject lot, including the contiguous lot area, complies with the minimum lot criteria for a RS -2 Zoning District Section 4: The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife because the proposed lot split will create two lots for residential development in an area designated for such a use that is not located in an environmentally sensitive habitat area or a blue line stream Section 5: The design of the subdivision or type of improvements will not cause serious public health problems because the proposed project consists of a minor subdivision of an existing lot into two (2) lots that will permit future residential development Any future development shall require approvals from the Division of Building and Safety for compliance with the Uniform Building Code and the City's Geotechnical Consultant Furthermore, improvements to the subject property shall be required for the proposed lot split as it relates to utilities and drainage The dedications of rights-of-way, easements, and the construction of off-site or on-site improvements shall be approved by the City with the final map Section 6: The design of the subdivision or the type or improvements will not be in conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision in that the proposed PC Resolution 2003-44 Page 2 of 6 lots will be required to maintain the existing easement along Diamonte Lane, which maintains egress and ingress to the surrounding neighborhood Section 7: The applicant successfully completed the Early Neighborhood Consultation process by obtaining 19 of the 66 properties within the 500' radius, which is 28 7%, and signatures of 8 of the 9 properties within the 100' radius, which is 88 9% Section 8: The subject lot is not located in an area designated by the City's General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed structure does not impair any public views Section 9: The subject lot is located on a manufactured slope that was created at the time the building pads for the subject tract were graded and is not located on a ridge or promontory, as defined by the City's development Code Section 10: That the proposed structure when considered exclusive of foliage, does not significantly impair a view from the viewing area of another parcel since the viewing areas of the property located to the north are oriented toward the east and not south, which is the direction of the subject property, and since views from the properties located to the east and south are oriented toward the east and south, and not in the direction of the subject property Section 11: The proposed project will not create cumulative view impairment since the homes in the vicinity were constructed so that they were not located adjacent to each other (such as a tract development) Section 12: The proposed addition is designed in such a manner to minimize impairment of a view since the applicants are proposing to construct a 1,240 square foot lower level, which will be located mainly below exiting grade, and the mezzanine has been designed so it is integrated into the main level Section 13: The proposed structure complies with the residential development standards for a RS -2 zoning district in terms of open space, height requirements, and setbacks Furthermore, in addition to obtaining Planning approval, building and grading permits must also be obtained for compliance with the Uniform Building Code, the Development Code and the City's Municipal Code Section 14: Although the proposed structure at 6,600 square feet will be almost larger than the average size of the residences found in the immediate neighborhood, the lower floor and the mezzanine have been designed in such a way that they do not appear to be separate stories, and therefore, the proposed structure does not appear to be out of scale with the scale of the surrounding residences. PC Resolution 2003-44 Page 3 of 6 Section 15: The proposed architectural style of the structure will be compatible with the architectural style found in the neighborhood, since the neighborhood does not contain only one architectural style, but many different architectural styles. Additionally, one of the predominant architectural styles is the ranch style, and the proposed finished material including wood siding and brick detail are materials found in the ranch architectural style Section 16: The proposed second story addition will not result in an unreasonable infringement of privacy because the proposed structure is substantially setback from the property line, therefore, the windows for the mezzanine will not be able to view the abutting properties. Section 17: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot because the grading along Diamonte Lane is required to stabilize the existing slope, which is currently unstable, as determined by the applicant's Geotechnical Consultant. Section 18: The proposed grading and/or related construction does not significantly adversely affect the visual relationship with, nor the views from, neighboring properties because the grading along Diamonte Lane will result in a 2 1 slope, which will be more appealing to the driver along Diamonte Lane, than the current steep slope, which resembles a wall, and since the grading around the existing building pad will not be visible to the surrounding properties nor the street of access, since it is located away from the property lines. Section 19: The nature of the grading minimizes disturbance to the natural contours because the grading around the existing building pad and driveway is proposed at locations where there is currently a gentle slope. The grading proposed along Diamonte Lane will create slopes that are reasonable natural because they will be cut back to a 2.1 slope. Section 20: The grading takes into account the preservation of the natural topographic features and appearances, since all of the finished slopes will be blended in to the existing slope to create a natural slope appearance, and instead of retaining walls, the applicants are proposing to create 2 1 and 3 1 slopes, which will blend the man made and manufactured slopes into the natural topography Section 21: The proposed retaining wall along the driveway varies from 0'-0" to 3'-0" in height, as such, in compliance with Section 17.76 040(E)(9)(e) Section 22: The proposed driveways do not exceed twenty percent slope The driveway for Lot 1 is proposed to be 13% slope and the driveway for Lot 2 is proposed to be 15% slope, thereby in compliance with Section 17 76 040(9)(f). PC Resolution 2003-44 Page 4 of 6 vo.�r Section 23: Although the protect does not meet the grading criteria because a cut deeper than the 5'-0" maximum is proposed, slopes exceeding 35% are being created, and grading on slopes greater than 50% is being proposed, the project meets Finding No 10 as noted below, which thereby permits a deviation to these criteria. A) That all eight criteria of Subsection (E)(1) through (E)(8) of Section 17.76 040 are satisfied. B) That the approval is consistent with the purposes set forth in Subsection A of the Section 17 76.040 because the purpose of the grading along Diamonte Lane is to stabilize the existing slope, since it is currently an unstable situation, and the grading along Diamonte Lane is necessary for either the construction of the proposed single-family residence or for the proposed lot split, to allow development on the newly created lot in the future C) That the grading along Diamonte Lane do not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity, since according to the building permits on record with the City, grading was also necessary for the development of the residences in the surrounding neighborhood. D) That the grading along Diamonte Lane will not be detrimental to the public health since the grading is for the stabilization of the slope, which is currently unstable, as determined by the applican't Geotechnical Consultant and confirmed by the City's Geotechnical Consultant. Further, City's Geotechnical Consultant have reviewed and approved the geology report for the grading Section 24: The requested Minor Exception Permit will not be detrimental to the public safety and welfare, because the 5'-0" high fence, pilasters and gate will be located entirely within the subject property and setback away from the edge of the easement, therefore not interfere with the traffic or pedestrian flow in the public right of way Section 25: The line of sight over or through the fence is adequate for safety and does not significantly impair a view from the viewing area of adjacent parcels because the subject lot is an interior lot and not a corner lot, the proposed pilasters, fence and gate will not encroach into any intersection visibility triangle, and because the fence, pilasters and gate will be located on a lower elevation than the existing building pad, it will not impair a view from the viewing area of another parcel Section 26: The requested Minor Exception Permit is warranted to allow the 5'-0" high fence, pilasters, and gate between the proposed residence and the PC Resolution 2003-44 Page 5of6 _ ,74 edge of the road easement because the residence is proposed to be located farther back in the property, and the fence, pilasters, and gate will provide security to the occupants of the residence. Section 27: A Notice of Decision shall be given to the applicant and to all interested parties informing them of the Planning Commission's decision. Section 28: Any interested party may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17 02.040.C.I.j of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following the date of the Planning Commission's adoption of this resolution. Section 29; 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 with conditions Vesting Tentative Parcel Map No. 27090 (Case No. SUB2003- 00006), Height Variation, Grading Permit, and Minor Exception Permit Case No. ZON2002-00602, thereby approving with conditions the subdivision of an existing 83,638 square foot residential lot into two residential lots (Lot 1 will be 46,207 square feet and Lot 2 will be 37,431 square feet), the construction of a new 6,600 square foot single-family residence; the grading of 3,360 cubic yards; and the construction of a 5'-0" high wrought iron fence, gate, and pilasters located between the edge of the road easement and the exterior fagade of the single- family residence closest to the road easement. PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2003, by the following vote: AYES: Commissioners Lyon, Cartwright, Tomblin, Duran Reed, and Vice Chair Mueller NOES: none ABSTENTIONS: Commissioner Cote ABSENT: Chairman Long Chairman Joel ojas,AIC 'C ire or of an ing, Building an Cade Enforcement, and, Secretary to the Planning Commission PC Resolution 2003-_44 Page 6 of 6 Exhibit "A!' Conditions of Approval Vesting Tentative Parcel Map No. 27090 (Case No. SUB2003-00006) Height Variation, Grading Permit, and Minor Exception Permit (Case No. ZON2002-00602) GENERAL 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 2. The approval shall become null and void after one (1) year from the date of approval unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process, pursuant to Section 17.86.070 of the City's Development Code This approval shall become null and void if, after initiating the "plan check" review process, or receiving a building permit to begin construction, said "plan check" or permit is allowed to expire or is withdrawn by the applicant 3 The abandonment or non-use of this approval after a period of one (1) year shall terminate the approval and any privileges hereunder shall become null and void. 4 The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 5. The project shall substantially conform to the plans stamped approved with the effective date of this approval. 6 Permitted hours of construction are 7.00 a.m. to 7.00 p m Monday through Saturday. No work is permitted on Sundays or legal holidays. 7 The construction site and adjacent public and private properties 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 is not 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 8 In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 9 All applicable soils/geotechnical reports required by the Building and Safety Division shall be obtained by the applicant and approved by the City's geologist prior to building permit issuance 10 All applicable permits required by the Budding and Safety Division shall be obtained by the applicant 11 Based on a site visit, Staff determined that most foliage on the subject property that exceeds sixteen (16) feet in height significantly impairs views from neighboring properties Therefore, PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, the applicant shall lower all foliage on Lot 1 and Lot which significantly impairs a view from the viewing area of neighboring properties to a height of sixteen (16) feet, or to the ridgeline, whichever is lower After the initial trimming, all existing foliage and any new foliage planted on the properties shall be maintained at a height of sixteen (16) feet The trimming of all said foliage shall occur at least once a year after the initial trimming is performed TENTATIVE PARCEL MAP 12 The subdivision allows for two parcels that shall comply with the minimum lot size criteria required by the Development Code for the RS2 Zoning District. Lot 1 will be 46,207 square feet and Lot 2 will be 37,431 square feet 13.The landowner shall comply with all the recommendations and requirements of the Division of Building and Safety and the City's Geotechnical Consultant. 14.The applicant shall supply the City with one mylar and copies of the map after the final map has been filed with the Los Angeles County Recorders Office. 15 Prior to recordation, the applicant shall supply the City with a digital copy of the Final Parcel Map in the format required by the County of Los Angeles, through ordinance #99-0080 An additional copy for the County of Los Angeles will also be required upon submittal of the Final Parcel Map to the Los Angeles County Recorder's office. 16. This approval of the Parcel Map expires twenty-four (24) months from the date of approval of the parcel map by the Planning Commission, unless extended per Section 66452.6 of the Subdivision Map Act and Section 1616.040 of the Development Code Any request for extension shall be submitted to the Planning Department in writing and with the appropriate fee prior to the expiration of the map 17. Development of the lots shall comply with the requirements of Title 17 of the City's Municipal Code 18.According to Section 16.20.130 of the Development code and the Subdivision Map Act, at the time of making the survey for the final parcel map, the engineer or Exhibit "A!'— Conditions of Approval TPM No 27090 (Case No. SUB2003-00006) HV, GR, MEP (Case No. ZON2002-00602) Page 2 surveyor shall set sufficient durable monuments to conform to the standards of the Subdivision Map Act Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner. The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the interior monuments. Spikes and washers may be set in asphalt pavement and lead and tacks may be set in concrete pavement or improvements in lieu of pipes. All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made 19 All necessary easements shall be shown on the final map and dedicated thereon to the appropriate agency. 24. All existing easements shall be clearly illustrated and described on the final parcel map 21. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT AND/OR GRADING PERMIT, the septic/sewer system on the subject property shall be approved by the Building Official. The City engineer, on a memorandum dated April 7, 2003, stated that. "Some neighboring properties on Diamonte Lane, just to the north, had difficulties finding an adequate location for a septic system and leach pit. Perhaps the sods report should address this issue " 22. All lots shall be served by adequately sized water system facilities, which shall include fire hydrants of the size, type and location as determined by the L A. County Fire Department The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for a land division. Domestic flow requirements shall be determined by the L A County Fire Department. 23. Addresses for the proposed vacant lot shall be obtained by the property owner from the City prior to issuance of any building permit for the subject parcel(s). 24.The property owner shall be responsible for repair to any public street that may be damaged during any future development of the subject parcels. 25 Easements shall not be granted within easements dedicated or offered for dedication to the City until after the final map is filed and recorded with the County Recorder No easements shall be accepted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility. All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. 26 All utilities to and from on the subject lots shall be provided underground, including cable television, telephone, electrical, gas and water All necessary permits shall be Exhibit "A!'— Conditions of Approval TPM No. 27090 (Case No SUB2003-00006) HV, GR, MEP (Case No ZON2002-00602) Page 3 obtained for their installation. 27. Prior to submitting the final map to the City Engineer for examination, the applicant shall obtain clearance from all affected departments and divisions, including a clearance from the City Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures 28 The existing road easement that traverses the property to the west shall be reflected on the final map. Further, said easements shall be reflected in the legal descriptions of said parcels. 29.Any off-site improvements, such as rights-of-way and easements, shall be dedicated to the City. 30 Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property prior to approval of the final map. 31 All existing public or private utility easements shall be shown on the final parcel map. 32. Prior to approval of the final map, parkland dedication fees, pursuant to Section 16.20.100 of the Development Code, shall be paid to the City 33 The final map is subject to review and approval by the City Engineer. A trust deposit shall be established with the City to cover any costs of the City Engineer's review. 34. Future development of the vacant parcel shall be subject to review by the City's Geotechnical Consultant prior to obtaining approval of any Planning Division applications for development. 35.The proposed parcel map shall adhere to all the applicable dedications and improvements required per Chapter 16.20 of the Development Code HEIGHT VARIATION 36. Approval of Height Variation (Case No. ZON2002-00602) allows for the construction of a new 6,600 square foot single-family residence. Specifically, the single-family residence is proposed to contain a 4,205 square foot main floor, a 374 square foot mezzanine, a 1,240 square foot lower floor, and a 780.5 square foot attached three - car garage. The total square footage of the proposed structure shall not exceed 6,600 square feet. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE Exhibit "W— Conditions of Approval TPM No. 27090 (Case No. SUB2003-00006) HV, GR, MEP (Case No. ZON2002-00602) Page 4 7 CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 37.The proposed structure is proposed at a height of 25.89', as measured from the point where the lowest foundation meets finished grade (132.67') to the top of the highest ridge (158 56'), and 21 96', as measured from the highest elevation of existing building pad covered by structure to the highest ridge. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION, BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. 38. The proposed additions shall maintain the following minimum setbacks: Front. 20'-0" (proposed 71'-0") North Side: 10'-0" (proposed: 30'-0"") South Side: 10'-0" (proposed- 41'-0") Rear: 20'-0" (proposed• 48'-0") 39 The subject property shall not exceed a maximum lot coverage of forty (40) percent, as required by the RS -2 zoning district (proposed 30%). 40. The required twenty (20) foot front yard setback area shall be at least fifty (50) percent landscaped. 41. Approval of Grading Permit Case No ZON2002-00602 is to allow the grading of 3,360 cubic yards, including 2,513 cubic yards of cut and 847 cubic yards of fill. 42. The finished slopes along Diamonte Lane shall not exceed 2 1 slope 43 The finished slope between Lot 1 and Lot 2 shall not exceed 3:1 slope. 44. The driveways shall not exceed 20% slope. Driveway for Lot 1 is proposed at 13% and driveway for Lot 2 is proposed at 15% PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A CERTIFICATION OF BOTH DRIVEWAYS, BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE SUBMITTED. Exhibit "A!— Conditions of Approval TPM No. 27090 (Case No. SUB2003-00006) HV, GR, -MEP (Case No. ZON2002-00602) Page 5 45 The proposed retaining wall along Lot 1 driveway shall not exceed 3'-0" high 46. PRIOR TO BUILDING PERMIT ISSUANCE AND/OR COMMENCEMENT OF GRADING, whichever occurs first, the applicant shall obtain approval of a haul route from the Director of Public Works. 47. PRIOR TO BUILDING PERMIT ISSUANCE AND/OR COMMENCEMENT OF GRADING, the applicant shall submit a grading plan for review and approval by the Director of Public Works, indicating the grading along the Palos Verdes Drive East public right of way, to improve the driver's sight line at the intersection of Palos Verdes Drive East and Diamonte Lane. 48. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT, the applicant shall plant to the satisfaction of the Director of Planning, Building, and Code Enforcement, on the newly created 2.1 slope along Diamonte Lane and Palos Verdes Drive East for aesthetic and erosion control purposes. i 49 The approval of Minor Exception Permit Case No. 2002-00602, is to allow the construction of a 5-0" high fence, pilasters and gate located between Diamonte Lane and the proposed residence on Lot 1 50. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, subject to review and approval by the Director of Planning, Building, and Code Enforcement, the applicant shall submit a landscape plan, indicating the landscape proposed between the proposed fence and pilasters. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, said landscaping shall be installed. 51. The fence and gate shall be at least 80% open to allow the transmission of light, air and vision. Exhibit "A!— Conditions of Approval TPM No. 27090 (Case No. SUB2003-00006) HV, GR, MEP (Case No. ZON2002-00602) Page 6