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PC RES 2019-030 P.C. RESOLUTION NO. 2019-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING,WITH CONDITIONS, A REVISION TO CONDITIONAL USE PERMIT NO. 23, A SITE PLAN REVIEW PERMIT, AND A GRADING PERMIT TO ALLOW THE CONSTRUCTION OF A NEW SWIMMING POOL AND SPA, BUILT-IN BARBECUE, A 307 FT2 PATIO COVER, AND A FIREPLACE WITHIN A RAISED PATIO AREA SUPPORTED BY AN 8'-TALL COMBINATION WALLS AND 78YD3 OF GRADING TO ACCOMMODATE THESE IMPROVEMENTS, AND TO ALLOW THE LOT COVERAGE TO INCREASE FROM 30% TO 35% (CASE NO. PLCU2019-0005) WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use Permit No. 23 (CUP 23), establishing a residential planned development (RPD) comprised of Tract Nos. 32574, 32991 and 34834, which was then recorded on January 4, 1980; and, WHEREAS, on September 9, 1986, the Planning Commission adopted (and supplemented on August 23, 1989) the Seacliff Hills Development Guidelines in recognition of the need for greater sensitivity and design flexibility in the construction of the custom homes in these tracts; and, WHEREAS, in 1987, the residence on the subject property was approved and subsequently revised pursuant to CUP 23 Revision "TT" in 1990; and, WHEREAS, on June 24, 2019, the property owner submitted an application for a revision to CUP 23 and a grading permit application for the construction of ancillary rear yard improvements including a swimming pool, fireplace, patio cover, and barbeque, supported by 8' tall combination walls and 78yd3 of grading; and, WHEREAS, after various resubmittals and reviews by Staff, the project was deemed complete on November 9, 2019; and, WHEREAS, On November 21, 2019, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners located within 500' radius of the site, resulting in one, email in response to the public notice; 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 PLCU2019-0005 will have a significant effect on the environment and, therefore, the proposed project has been found to be Categorically Exempt under Class 3 (Section 15303.e); and, WHEREAS, on December 10, 2019, the Planning Commission held a duly-noticed public hearing, 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 Planning Commission finds that the approval of a Conditional Use Permit (CUP) Revision is warranted because: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. More specifically, pursuant to CUP 23, this lot was originally approved in 1987 and then revised in 1990 for a multi-level single-family residence, garage, and ancillary improvements resulting in 30% lot coverage. While the maximum allowed lot coverage for a downslope lot is 30% under CUP 23 and Seacliff Hills Development Guidelines, 6 of the 18 existing downslope neighboring properties exceed the maximum of 30%, allowing lot coverage to be exceeded by 1% to 5%. A condition unique to the Seacliff Hills tracts is that lot coverage also includes any area altered and not returned to its existing condition. The project proposes a similar amount of lot coverage as another neighboring residence and, besides two exceptions allowed per RPVMC Section 17.48.030 for an uncovered raised patio that does not exceed 30" in height, and a barbeque that doesn't exceed 6' in height, the project meets or exceeds the required setbacks. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the use. More specifically, the property is served by two existing public streets (Palo Vista Drive and Seacliff Drive)that serve all 36 lots on those two streets and connect to Palos Verdes Drive South The proposed project will not alter the nature of traffic generated by the lot as compared to the originally-approved residence and rear yard area. C. In approving the use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. More specifically, the property is located adjacent to developed residentially-zoned properties with similar rear yard improvements. The project will not significantly impair the neighboring properties' views as any views over the area of the project are either already mostly obscured by the subject residence, on the periphery of the view frame, or they do not significantly project into the protected views from the neighboring primary viewing areas. Although concerns were received from the P.C. Resolution No. 2019-30 Page 2 of 11 adjacent resident at 3442 Palo Vista Drive about view impairment from a lower- level bedroom, this impairment is not considered to be significant, as the main viewing area is from the upper-level main living space. Additionally, the impairment is also on the periphery of the lower-level view. Finally, a condition of approval has been added to ensure that the project is compatible with the existing residence with regard to style, colors and materials, and that any proposed lighting complies with the standards of RPVMC Section 17.56.030 and the Seacliff Hills Development Guidelines. For these reasons, there will be no significant adverse impact on adjacent property. D. The proposed use is not contrary to the General Plan. More specifically, the General Plan Land Use designation for the property is Residential, <1 du/acre. The development and improvement of single-family residences are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (p. 78), which calls upon the City to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." E. Conditions regarding any of the requirements listed above which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed in the attached Exhibit "A." Section 2: The Planning Commission finds that the approval of a Grading Permit is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the lot is residential, as identified in the City's General Plan and Zoning map. The proposed grading is to accommodate the swimming pool, spa, and extension of an existing raised patio, which are accessory to the primary residential use of the lot 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. Although cut and fill are proposed for a swimming pool, spa, and extension of an existing raised patio, the cut is only for the excavation of the swimming pool and spa, and the fill is proposed to allow the existing raised rear yard patio to be extended out at the same level. As a result, although improvements will be visible from the adjacent properties, the proposed raised patio and accessory structures (fireplace and patio cover) will not significantly affect views from neighboring properties, as discussed in Section 2.0 above. As a result, the proposed project will not significantly affect views from neighboring properties. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing "natural" contours of the P.C. Resolution No. 2019-30 Page 3 of 11 project site are largely the result of past grading for the development of the Seacliff Hills neighborhood. The proposed grading is limited to cut for the swimming pool and spa, and fill for the raised patio area, while leaving the rest of the property ungraded. The amount of grading beyond that which is required to accommodate the ancillary rear yard improvements has been minimized. 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 largely the result of tract grading in the past. There are no significant natural topographic features that would be disturbed by the proposed grading. E. The required finding that, for new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, is not applicable because the proposed project is not a new single-family residence F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas, is not applicable because the proposed project is not a new residential tract. G The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable because the proposed project does not involve grading for streets or other related infrastructure. H. The required finding that the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation is not applicable to the proposed project because there is no such landscape or habitat present on the property. I. The grading conforms to grading standards related to maximum finished slopes and driveways. More specifically, the existing rear slope is a result of the original tract grading and no slopes over 35% are proposed, nor is any grading proposed on slopes over 35%. However, the proposed project does involve the construction of a downslope retaining wall exceeding 3.5' in height. J. A deviation from the Municipal Code requirement to allow a downslope retaining wall exceeding 3.5' in height is warranted as it is necessary to accommodate the proposed ancillary improvements development, similar to what was allowed for the rear yard development of neighboring topographically comparable properties If the project did not include the proposed 4.5'-tall downslope retaining wall, the proposed patio would have to be reduced in size and/or have one or more steps down from the residence, or additional grading of the slope in front of the wall P.C. Resolution No. 2019-30 Page 4 of 11 would be required, which would result in additional site disturbance and lot coverage Section 3: The Planning Commission finds that the approval of a Site Plan Review Permit is warranted because: A. The portion of the raised patio within the east side setback measures 27" from adjacent finished grade, and the proposed barbeque and outdoor kitchen measure 5.75' from adjacent finished grade. RPVMC Section 17.48.030.E. allows decks to encroach into any required setback area if they do not exceed 30" from adjacent finished grade, upon determination through a Site Plan Review application that no significant adverse impacts will result. As this portion of raised patio is located over 20' from the nearest adjacent residence, which is also situated several feet higher than the proposed deck, no adverse impacts will result. Also, outside the required setbacks, these improvements do not exceed 12' in height as measured from adjacent finished grade, nor do they exceed 6' in height within the side and rear yard setbacks, as permitted pursuant to RPVMC Section 17.48.050. 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 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 Friday, January 3, 2020. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed in a timely manner, the Planning Commission's decision will be final at 5.30 PM on Friday, January 3, 2020. Section 5: Any challenge to this Resolution and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6 and RPVMC Section 17.86.100(B). Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2019-30; approving a Conditional Use Permit Revision, Grading Permit and Site Plan Review to allow the construction of a new raised patio area with a swimming pool and spa, a built-in barbecue, a 307ft2 patio cover, and a fireplace, with 8'-tall combination walls, and 78yd3 of grading to accommodate these improvements at 3432 Palo Vista (Case No. PLCU2019-0005). P.C. Resolution No 2019-30 Page 5 of 11 PASSED, APPROVED AND ADOPTED this 10th day of December 2019, by the following vote: AYES: COMMISSIONERS NELSON, SANTAROSA, PERESTAM, AND VICE- CHAIRMAN LEON NOES: NONE ABSTENTIONS: NONE RECUSALS: COMMISSIONER JAMES ABSENT: COMMISSIONER SAADATNEJADI O Gordon Leon Vice Chairman .p z Ara MI ranian, .k__CP Acting City Manager/Director of Community Development; and, Secretary to the Planning Commission P.C. Resolution No. 2019-30 Page 6 of 11 Exhibit "A" Conditions of Approval Conditional Use Permit No. 23 Revision, Site Plan Review, and Grading Permit Case No. PLCU2019-0005 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 "A". Failure to provide said written statement within 90 days following the date of this approval shall render this approval null and void. 2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, by persons other than the Applicant, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. 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 4. 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 (RPVMC) shall apply. 5. Pursuant to RPVMC Section 17.78.040, the Director of Community Development 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 Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. P.C. Resolution No 201930 Page 7 of 11 6. 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. 7. The project development on the site shall conform to the Planning Commission- approved plans and to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the RS-1 residential development standards and the Seacliff Hills Development Guidelines. 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 RPVMC Section 17.86.060 or administrative citations as described in RPVMC Chapter 1.16. 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 RPVMC Section 17.86.070 within one year of the final effective date of this Resolution, 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. 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 Resolution. 12. 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. 13. 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. 14. 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 P.C. Resolution No 2019-30 Page 8 of 11 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 15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC Section 17.96.920. 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 7:00 AM Monday through Friday and before 9:00 AM 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. 16. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the Applicant shall provide temporary construction fencing, as defined in RPVMC Section 17.56.050(C). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 17. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 18. Prior to the issuance of building permits, the Applicant shall demonstrate the project's compliance with the South Coast Air Quality Management District Rule 445 and the City Municipal Code requirements regarding wood-burning devices Project Specific Conditions: 19. This approval shall allow for construction and/or installation of the following A. The construction of a new raised patio area with: a. A swimming pool and spa b. A built-in barbecue and outdoor kitchen c. A 9'-2" tall, 307 ft2 patio cover d. A 9'-8" tall fireplace B. 78yd3 of grading for the new patio area consisting of: a. 26yd3 of cut b. 52yd3 of fill c. Combination walls up to 8' in height around the new raised patio P.C. Resolution No. 2019-30 Page 9 of 11 area. C. Encroachment of a raised patio less than 30" tall and a barbeque and outdoor kitchen less than 6' tall, into the 15' east side yard setback 20. Unless otherwise approved by these conditions or modified by the approval of future planning applications, the approved rear yard improvements shall maintain the following setbacks: Front yard setback — 25' average / 20' minimum Interior side yard setbacks — 10' minimum per side / 25' minimum total of both sides Rear yard setback — 25' average/ 20' minimum BUILDING SETBACK CERTIFICATION IS REQUIRED to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection 21. Based on a site visit conducted on November 19, 2019, the following trimming will need to be completed prior to issuance of a Building and/or Grading permit in order to protect the view from surrounding viewing areas: For all palm trees located on the property, remove all lower palm fronds up to a 60-degree angle as measured from a horizontal plane. The owner of the property is responsible for maintaining all foliage on the property, which exceeds 16 feet in height, as measured from the trunk base of the tree trunk where the tree trunk emerges from the ground, or that exceeds the lowest adjacent ridgeline of the primary structure, whichever is lower, so as not to significantly impair the view from surrounding viewing areas. 22. PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE, the colors and materials of the proposed project shall be reviewed and approved for compatibility with the existing residence to the satisfaction of the Director of Community Development. 23. Unless modified by the approval of a future revision to Conditional Use Permit No. 23, the approved project shall maintain a maximum of 35% lot coverage PRIOR TO BUILDING AND/OR GRADING PERMIT FINAL INSPECTION, CERTIFICATION OF PROJECT AREA IS REQUIRED, to be provided by a licensed land surveyor or civil engineer. 24. Haul routes to transport soil shall be approved by the Public Works Division prior to issuance of any Grading or Building permit. 25. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. P.C. Resolution No. 2019-30 Page 10 of 11 26. Exterior residential lighting shall be in compliance with the standards of RPVMC Section 17.56.030 and the Seacliff Hills Development Guidelines. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 27. PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE, a lighting plan with cut sheets for the proposed exterior light fixtures shall be submitted for review and approval by the Community Development Director. P.C. Resolution No 2019-30 Page 11 of 11