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PC RES 2022-007 P.C. RESOLUTION NO. 2022-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT, AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A NEW TWO- STORY 3,531 FT2 SINGLE FAMILY RESIDENCE AND A 400 FT2 GARAGE (3,931 FT2 TOTAL STRUCTURE SIZE) WITH COMBINATION WALLS UP TO 7.5 FEET IN HEIGHT ALONG WITH ANCILLARY SITE IMPROVEMENTS AND 699 YD3 OF ASSOCIATED GRADING AT 10 ROCKINGHORSE ROAD (CASE NO. PLHV2018-0001). WHEREAS, on February 14, 2018, Mr. Ben Amor Abdelhamid, the property owner ("Applicant") submitted Height Variation Permit, Major Grading Permit, and Site Plan Review applications to the Community Development Department requesting approval to construct a new residence and garage with 699 yd3 of associated grading on a vacant lot; and WHEREAS, on March 26, 2018, staff completed an initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, and on May 9, 2022, staff deemed the application complete for processing, setting the action deadline to July 8, 2022; and WHEREAS, on May 12, 2022, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from the project site, providing a 30-day time period for the submittal of comments; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, the proposed project has been found to be categorically exempt under Section 15303(a)(New Construction) of the CEQA Guidelines. More specifically, the project is a new single-family residence; and WHEREAS, the Planning Commission held a public hearing on June 14, 2022, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The above recitals are true and correct, and are incorporated herein by reference. Section 2: The proposed project involves the construction of a new two-story 3,531 ft2 single family residence and a 400 ft2 garage (3,931 ft2 total structure size), with a P C. Resolution No 2022-07 Page 1 of 11 53 ft2 covered entry porch, ancillary site improvements, and combination walls up to 7.5 feet in height with 699 yd3 of associated grading. Section 3: The Planning Commission finds that the Height Variation Permit for the construction of a 3,931 ft2 two-story residence, which exceeds the 16'/20' by-right height limit is warranted based on the following findings: A. The Applicant has complied with the early neighborhood consultation process guidelines and procedures by obtaining 28 signatures (62%) from properties within 500 feet of the project site and sent a letter to the local Homeowners Association (Rockinghorse Road Homeowner's Association). B. The proposed additions do not significantly impair a view from public property (parks, major thoroughfares, bikeways, walkways or equestrian trails), which has been identified in the City's General Plan, Conceptual Trails Plan, Trails Network Plan, or Coastal Specific Plan. The building pad where the structure will be located is below the level of Palos Verdes Drive East, and Rockinghorse Road, and other existing structures already block the view as seen from Palos Verdes Drive East. Furthermore, there are no public viewing areas or viewing sites in the immediate vicinity that look over the project site and the property is not located within the City's Coastal Zone or any other City specific plan. C. The proposed residence is not located on a ridge or promontory, nor located on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides, and rather is located on a lot that slopes down to the east and south from PVDE and Rockinghorse Road, respectively, to a building pad, and then continues sloping down to the east. D. The area of a proposed addition to an existing structure that is above 16 feet in height, as defined in Section 17.02.040(B) of the Municipal Code, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Based on site visits to the area and aerial imagery, the views in the vicinity are,observed in the easterly direction and consist of city lights and the harbor. The properties to the north of the project site have no views in the direction of the project site, and observe their view to the north and east, opposite from the location of the project site. The abutting properties to the east and south at 28958 PVDE and 12 Rockinghorse Road, respectively, observe views to the east and have no views over or in the direction of the project site. Views from the property located to the west of the project site across PVDE at 28935 PVDE are observed in an easterly, over the project site, but due to the difference in elevation, the structure will not result in significant view impairments. Specifically, as the building pad of the property at 28935 PVDE is located approximately 40 feet higher in elevation than the project site, the approved structure will not be visible from the viewing area. E. There is no significant cumulative view impairment by portions of the structure which exceed 16 feet in height caused by granting the Height Variation, as there is an approximately 40-foot difference in elevation between the proposed building pad of P C Resolution No 2022-07 Page 2 of 11 the project site and the pad levels of the properties to the west of the project site across PVDE. As a result of this large difference in pad elevation between the properties, if similar projects were to be constructed on adjacent lots, the improvements would either not be visible, or would not cause a significant view impairment. F. The structure complies with all other Code requirements, including, but not limited to the minimum required setbacks, height, and parking. G. The residence is compatible with the character of the immediate neighborhood in terms of the square footage, scale, architectural style, and setbacks. The majority of the existing neighborhood is comprised of California Ranch style homes that incorporate various design elements and façade treatments including stucco, stone, and wood sidings with a mix of gable and hip roof designs in shingle and tile. As designed, the project incorporates similar design features found within the surrounding homes stucco walls and a gable roof with clay tiles. In addition, the appearance of bulk and mass of the residence will be minimized by the varying design elements that provide articulation such as the set back of the second story from the front and rear elevations, the undulated facades at each side elevation, and a chimney. About one third of the immediate neighborhood consists of two-story homes with similar building heights and the residence will provide adequate light and air between properties by complying with the required setbacks. H. The portion of the proposed new structure that is above 16 feet in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences. Specifically, the second-floor windows on the southwest (rear) and northwest (side) facades are oriented towards the public right of way, driveways, or the front yards of the adjacent properties on Rockinghorse Road or PVDE, where there is no expectation of privacy. Also, the second-floor windows on the northeast and southeast façades face the adjacent neighbors at 12 Rockinghorse Road, and 28958 PVDE, respectively, but as the upper and lower rear yard lawn areas of these properties are already visible from the subject property, there is no unreasonable infringement of privacy. Section 4: The Grading Permit is approved for the 699 yd3 of associated grading (318 yd3 of cut and 381 yd3 of fill), with a maximum depth of cut and fill of 6 feet and 3.5 feet, respectively, with combination walls up to 7.5 feet in height, to accommodate the proposed improvements. 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 approved grading is to accommodate the development of a new single-family residence by providing a level building pad for the approved structure, a walkway around the structure, a small rear yard area and an unobstructed space for the septic system, all of which are typical ancillary uses to the primary residential use of the lot. P C Resolution No 2022-07 Page 3 of 11 B. The approved grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. Based on the siting of structures on adjacent properties and topographic conditions between lots; views as observed from neighboring properties will continue to be observed over and in the opposite direction of the project site, as further detailed in Finding No. D of the Height Variation Permit section of this resolution. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. A combination of cut and fill with upslope and downslope retaining walls will be utilized to create a level building pad for the approved structure, to allow for access around the structure and a small rear yard area, and to recontour the southeastern portion of the lot, where several existing block retaining walls will be removed. The grading in the southeastern portion of the lot will assist in returning the configuration of the lot to a more natural slope setting, and the upslope retaining walls are situated to allow for the majority of the slopes at the north and west side of the property to remain. 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. There are no significant natural topographic features that would be disturbed by the approved grading. There is minimal land-sculpturing as the existing north and west slopes on the property will remain, other than those under and immediately adjacent to the proposed structure. The retaining walls in the southeastern portion of the lot will be removed, and the new proposed grade will be blended into the existing grades at the top and bottom. E. The grading and/or related construction is compatible with the immediate neighborhood character. The plans for a residence are compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. As designed, the project utilizes a textured stucco exterior finish with a gable roof with clay tile roof. Furthermore, the appearance of bulk and mass of the proposed residence will be minimized by the lowered building pad elevation as compared to PVDE and Rockinghorse Road, the second story set back at the front and rear elevations, the undulated setbacks at each side façade, and a chimney. Also approved are the construction of retaining walls measuring up to 6.35 feet in height located northwest and southwest of the proposed structure/parallel to Rockinghorse Road and PVDE, and a combination wall measuring up to 7.5 feet in height adjacent to the southern property line. F. The grading is not for the creation of a new residential tract, as this lot was created via Parcel Map No. 18397 in 1993. 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 because no modifications are proposed to streets or other public infrastructure. P C Resolution No. 2022-07 Page 4 of 11 H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there is no natural landscape or wildlife habitat in the proposed grading area. I. The grading conforms to grading standards related to maximum finished slopes and driveways. More specifically, there are no visual and/or view impacts to neighboring properties, and no grading on slopes over 50%. J. Deviations to the code allowing upsloping retaining walls taller than 3.5 feet tall in the front and street side setbacks (retaining walls measuring up to 6.35 feet in height located northwest and southwest of the proposed structure/parallel to Rockinghorse Road and PVDE) and downsloping retaining walls taller than 3.5 feet tall (combination wall measuring up to 7.5 feet in height adjacent to the southern property line) are warranted as they are necessary to provide a level building pad with access around the structure. If the project did not consist of these retaining walls and associated grading, the residence would be located on an uneven building pad. The project site is also uniquely situated, with the existing building pad being located in a three-sided bowl, with the fourth side open to the east, which necessitates retaining walls in order to level and expand the building pad area. And lastly, the proposed retaining walls will not be detrimental to public safety or other property as the walls will be engineered and reviewed by the Building & Safety Division, as well as the City geologist. Section 5: The Planning Commission finds that approval of the Site Plan Review for the ancillary site improvements including a proposed fire pit, a new septic system, driveway and hardscape areas, and air conditioning units is warranted, as the improvements comply with all applicable Code requirements, including, but not limited to, minimum required setbacks, height, parking, and maximum allowable lot coverage. Section 6: Any interested person aggrieved by this decision or by 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 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, June 29, 2022. A $3,100 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on Wednesday, June 29, 2022. Section 7: 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 §17.86.100(B) of the RPVMC. Section 8: 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 adopts P.C. Resolution No. 2022- 07, approving a Height Variation Permit, Major Grading Permit, and Site Plan Review for the construction of a new two-story 3,531 ft2 single family residence and a 400 ft2 garage (3,931 ft2 total structure size) with combination walls up to 7.5 feet in height along with P.C. Resolution No 2022-07 Page 5 of 11 ancillary site improvements and 699 yd3 of associated grading at 10 Rockinghorse Road, subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 14th day of June 2022, by the following vote: AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI, SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Ken Rukavina, PE Director of Community Development; and, Secretary of the Planning Commission Chair P.C. Resolution No. 2022-07 Page 6 of 11 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLHV2018-0001 (HEIGHT VARIATION PERMIT, MAJOR GRADING PERMIT, AND SITE PLAN REVIEW) 10 ROCKINGHORSE ROAD General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, 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 Exhibit"A". 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 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, 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 §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 2022-07 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 RPVMC, including but not limited to height, setback and lot coverage standards. 7. 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 §17.86.060 or administrative citations as described in RPVMC §1.16. 8. 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 §17.86.070 within one year of the final effective date of this Notice of Decision, 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. 9. 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. 10. 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 approval. 11. 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. 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. 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. 14. 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 P C Resolution No 2022-07 Page 8 of 11 calendar days shall provide temporary construction fencing, as defined in RPVMC §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. 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 §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. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 17. The Applicant shall remove the project silhouette within 7 days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions: 18. This approval shall allow for the following: a. Demolition of an existing 640 ft2 barn structure and miscellaneous block retaining walls. b. Construction of a new two-story 3,531 ft2 single family residence and a 400 ft2 garage (3,931 ft2 total structure size), with a 53 ft2 covered entry porch. c. On-site grading consisting of 318 yd3 of cut and 381 yd3 of fill (699 yd3 of grading along with 63 yd3 of import) to accommodate the proposed improvements. d. Construction of retaining walls measuring up to 6.35 feet in height located northwest and southwest of the proposed structure/parallel to Rockinghorse Road and PVDE. e. Construction of a combination wall measuring up to 7.5 feet in height adjacent to the southern property line. f. Construction of ancillary structures and site improvements, including a new septic system, driveway and hardscape areas, landscaping, air conditioning units, and a firepit. P C Resolution No 2022-07 Page 9 of 11 BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. 19. The height of the approved structure shall be as depicted on the stamped APPROVED plans and in no case shall the maximum height exceed 25.75 feet as measured from the lowest finished grade covered by the structure (elev. 189.75 feet) to the highest proposed roofline (elev. 215.5 feet); and a height of 25 feet as measured from the highest elevation of the existing grade covered by the structure (elev. 190.5 feet) to the highest proposed roof ridgeline (elev. 215.5 feet). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 20. The proposed residence and attached garage shall maintain setbacks as follows: Front (west) 27.08 feet Interior Side (east) 35.25 feet Interior Side (north) 35.25 feet Interior Side (south) 10.4 feet Street Side (north) 22.9 feet Rear (east) 104 feet BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 21. Roof eaves shall not project into the required setback more than 6 inches for each foot of the required setback, provided that there are no vertical supports within the required setback areas. 22. Unless modified by the approval of future planning applications, the approved project shall maintain the maximum allowed lot coverage of 40% (31.5% currently proposed). 23. Driveways, paved walkways and parking areas shall not cover more than 50% of the required 20-foot front setback area. Any pervious or semi-pervious surface which is part of or within a driveway or parking area shall not be considered to be landscaping. 24. The project site shall maintain a minimum of two-enclosed parking spaces and two unenclosed parking spaces at all times. An enclosed parking space shall have an unobstructed ground space of no less than 9 feet in width and 20 feet in depth, with a minimum 7-foot vertical clearance. An unenclosed parking space shall have an unobstructed ground space of no less than 9 feet in width by 20 feet in depth. 25. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting P C Resolution No 2022-07 Page 10 of 11 under canopies or on the building shall be covered with diffusing lenses and shielded. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 26. Based on a foliage analysis conducted on March 13, 2018 and re-evaluated on May 25, 2022, the following foliage shall be trimmed PRIOR TO BUILDING PERMIT ISSUANCE in order to restore the protected view(s) from surrounding properties: 1. Crown reduce the Italian cypress on the property located adjacent to PVDE and the Canary Island Pine tree adjacent to Rockinghorse Road by trimming down to 16 feet in height as measured from where the foliage emerges from the ground. The owner of the property is responsible for maintaining all foliage on the property, which exceeds 16 feet in height or the ridge line of the primary structure whichever is lower, so as not to significantly impair the view from surrounding viewing areas. 27. The maintenance or operation of mechanical equipment, including but not limited to AC units or pool filters, generating noise levels in excess of 65 dBA as measured from the closest property line shall constitute a public nuisance in accordance to Chapter 8.24 of the RPVMC. PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE 28. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 29. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage plan shall be reviewed and approved by the Public Works Department. 30. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS., an earth hauling permit shall be approved by the Public Works Department. 31. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS, a landscape plan shall be submitted for review and approval by the Director of Community Development. This landscape plan shall comply with the Water Efficient Landscaping Ordinance (WELO) requirements in RPVMC Chapter 15.34. 32. PRIOR TO FINAL INSPECTION AND/OR CERTIFICATE OF OCCUPANCY, the landscaping and irrigation approved per Condition No. 31 above, shall be installed. 33. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, the proposed septic system shall be approved by the County of Los Angeles Public Health Department. P C Resolution No 2022-07 Page 11 of 11