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PC RES 2016-006 P.C. RESOLUTION NO. 2016-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING THE DIRECTOR'S DECISION TO APPROVE AN "UNSUBSTANTIAL AMENDMENT" TO ALLOW A 4'-0" TALL RETAINING WALL WITHIN THE FRONT YARD OF THE SUBJECT PROPERTY LOCATED AT 5448 BAYRIDGE ROAD (CASE NO ZON2011-00281). WHEREAS, on February 12, 2013, the Planning Commission adopted P.C. Resolution No. 2013-04 conditionally approving the construction of a new second story addition to an existing one-story residence. The Commission-approved project allowed the construction of new retaining walls along the west side property line and within the rear yard. However, the Commission's approval did not include the construction of a retaining wall (a wall retaining 3'-0" or more of earth)within the 20'-0"front yard setback. Instead,the approved project included the construction of a garden wall (a wall which retains less than 3'-0" of earth)that is exempt from a planning permit; and, WHEREAS, instead of constructing a "garden wall" less than 3'-0" in height, the Applicant(Mr. and Mrs. Koch) constructed a 4'-0"tall retaining wall within the front yard setback in order to stabilize the neighbor's property (Rollin Sturgeon, 5456 Bayridge Road -Appellant) and transitional slope that separates the two properties; and, WHEREAS, the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act(CEQA), under Article 19, Section 15301(minor alterations of topographical features) of the California Guidelines for Implementation of the CEQA. Specifically, the project includes the approval of a 4'-0" tall retaining wall along the west side yard property line, within the 20'-0" front yard setback on a property that is currently developed with a single-family residence. This project has been determined not to have a significant impact on the environment; and, WHEREAS, pursuant to Section 17.78.040(A), "an amendment, which proposes a substantive revision to[a]plan or project approved by an application that has been granted in accordance with this title, may be initiated by the property owner, at any time it is deemed necessary or desirable, upon petition to the director..."and on January 27, 2016,the Community Development Director determined that the addition of a 4'-0" tall retaining wall within the 20'-0" front yard setback of the Applicant's property would not be a substantive change to the original project approved by the Planning Commission on February 12, 2013, nor necessitate the need for Planning Commission review. The reasons for this are: • The Development Code permits retaining walls between 3'-0" and 5'-0" in height when located adjacent to a driveway (RPVMC Section 17.76.040(E)(9)(e)(iv); • The 4'-0" tall retaining wall would essentially be an extension of the Commission- approved retaining wall along the same property line; and, • A 4'-0" tall retaining wall is typically a Director-level approval that does not necessitate Planning Commission review. WHEREAS, Given that the neighbor located at 5456 Bayridge Dr. noted concerns with deviating from the Development Code's "by-right" grading standards throughout the public 01203.0005/293288.1 hearing process, as well as the building process, Staff informed the neighbor of the Director- approved "unsubstantial amendment" and was notified that the Director's decision could be appealed to the Planning Commission by February 11, 2016; and, WHEREAS, a timely appeal was filed by Mr. Sturgeon (Appellant) expressing concerns with the structural integrity of the wall and the slope supported by the wall, as well as the contents of the plans submitted by the applicant from which the Director made the unsubstantial determination; and, WHEREAS, on March 24, 2016, Staff mailed notices for a Planning Commission appeal hearing to 108 property owners within a 500-foot radius from the subject property, providing a 15-day time period for the submittal of comments and concerns. In addition, a Public Notice was published in the Peninsula News on March 24, 2016; and, WHEREAS, the Planning Commission held a duly noticed public hearing on April 12, 2016, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission hereby denies an appeal and upholds the Community Development Director's determination that the construction of a 4'-0" tall retaining wall within the 20'-0"front yard setback is an unsubstantial amendment to the February 12, 2013 Planning Commission's original approval. The Applicant's request to amend the Planning Commission's original approval from February 12, 2013 is not a substantive change to the original approval and does not necessitate a need for Planning Commission review. This is due to the fact that the Development Code permits retaining walls between 3'-0" and 5'-0" in height when located adjacent to a driveway, a retaining wall was already approved by the Planning Commission along the same property line, the 4'-0" tall retaining wall would essentially be an extension of the existing retaining wall, and a 4'-0" tall retaining wall is typically a Director-level approval that does not necessitate Planning Commission review. Furthermore,the points raised in the appeal letter pertain to the structural integrity of the retaining wall and the accuracy of the information depicted on the engineering plans accepted by the City's Building Official. These points of the appeal are not subject to the Planning Department's or the Planning Commission's purview, but rather, the purview of the City's Building and Safety Division because they relate to the engineering component of the project. Section 2: The Planning Commission finds that the `as-built' plans submitted to the City on January 26, 2016, which depict the location and heights of the 4'-0" tall retaining wall within the 20'-0" front yard setback, when considered in conjunction with the Applicant's full permit materials, include sufficient information upon which the Community Development Director could base a decision to approve an unsubstantial amendment to the Planning Commission's February 12, 2016 original approval. There is no requirement to have the architect of the original plan sign the`as-built' plan. The applicant submitted a revised `as-built' plan on March 28, 2016 with a wet-stamp, date and signature block for the Civil Engineer certifying the plan. It is acceptable to waive the requirement to submit a set of detailed grading plans, as the `as-built' plans supplemented the originally approved plans and are sufficient to make a determination that the 4'-0" tall retaining wall within the front yard setback is permissible by the Community 01203.0005/293288.1 P.C. Resolution No. 2016-06 Page 2 plans supplemented the originally approved plans and are sufficient to make a determination that the 4'-0" tall retaining wall within the front yard setback is permissible by the Community Development Director, and requiring more detailed plans would not have altered the Director's determination to approve the new retaining wall. Furthermore, the new 4'-0"tall retaining wall is required to be approved by the Building and Safety Division to ensure that the wall was constructed pursuant to the provisions California Building Code. Lastly, the Planning Commission determines that the short, stacked wall between the front property line and the new 4'-0"tall retaining wall does not require a permit from the Planning Division, and is permitted"by- right." Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) calendar days following April 12, 2016, the date of the Planning Commission's final action. 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 decision, and thereby approving an "unsubstantial amendment" (Planning Case No. ZON2011-00281) for 4'-0" tall retaining wall located at 5448 Bayridge Road. PASSED, APPROVED, AND ADOPTED this 12th day of April 2016, by the following vote: AYES: Commissioners Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Bradley (:::::11---- David L. Tomblin AJ/# Chairman Terry Rot i► e Interim ommunity I- elopment Director Secretary to the Planning Commission 01203.0005/293288.1 P.C. Resolution No. 2016-06 Page 3