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CC RES 2007-063 RESOLUTION NO. 2007-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE, WITH CONDITIONS, SITE PLAN REVIEW AND GRADING CASE NO. ZON2005-00593 FOR: A 5,306 SQUARE FOOT ONE-STORY RESIDENCE WITH AN OVERALL HEIGHT OF 12'; AN UPSLOPE RETAINING WALL BEGINNING ON THE WEST SIDE OF THE LOT TO THE SOUTH SIDE, MEASURING 137' IN LENGTH AND UP TO 7' IN HEIGHT; AN UPSLOPE RETAINING WALL ON AN EXTREME SLOPE ON THE SOUTH SIDE OF THE PROPERTY, MEASURING 57' IN LENGTH AND UP TO 5' IN HEIGHT; AN UPSLOPE RETAINING WALL ON AN EXTREME SLOPE ON THE NORTH SIDE OF THE LOT, MEASURING 34' IN LENGTH AND UP TO 4'-6" IN HEIGHT; AN AFTER-THE-FACT CONSTRUCTION OF AN UPSLOPE RETAINING WALL NEAR THE WEST SIDE PROPERTY LINE MEASURING UP TO 3'-2" HIGH AND 114' IN LENGTH; THE DEMOLITION OF TWO DOWNSLOPE RETAINING WALLS NEAR THE NORTHEAST CORNER OF THE PROPERTY MEASURING 4'-6" HIGH AND 8' HIGH, RESPECTIVELY; AND THE CONSTRUCTION OF ONE DOWNSLOPE RETAINING WALL IN THE GENERAL AREA OF THE NORTHEAST CORNER OF THE SUBJECT PROPERTY, MEASURING NO HIGHER THAN 3'-6", ON A VACANT LOT LOCATED AT 29664 GRANDPOINT LANE, WHEREAS, on May 14, 2004, a code violation complaint regarding the construction of retaining walls on the west and near the northeast corner of the property was received by Staff; and, WHEREAS, on November 10, 2005, the applicant formally submitted Grading Permit and Site Plan Review applications for a new 5,306 square foot one-story single- family residence with an overall height of 12'; an upslope retaining wall beginning on the west side of the lot to the south side, measuring 137' in length and up to 7' in height; an upslope retaining wall on an extreme slope on the south side of the property, measuring 57' in length and up to 5' in height; an upslope retaining wall on an extreme slope on the north side of the lot, measuring 34' in length and up to 5' in height; an upslope retaining wall on an extreme slope on the north side of the lot, measuring 34' in length and up to 4'-6" in height; and an after-the-fact construction of the retaining wall near the northeast corner of the subject site, measuring 70' in length and up to 4' in height; and, WHEREAS, on December 8, 2005 and February 1, 2006, the application was deemed incomplete, pending the submission of additional materials; and, WHEREAS, upon submittal of the required information, construction of the temporary silhouette and submittal of the silhouette certification form, the application was deemed complete by Staff on May 3, 2006. Subsequently, a notice of application was mailed to all property owners within 500' radius of the subject site and the notice was published in the Palos Verdes Peninsula News on May 6, 2006; 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 Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Case No. ZON2005-00593 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (New Construction or Conversion of Small Structures) since the project involves the construction of a new residence on a vacant lot; and, WHEREAS, on July 7, 2006, the Director of Planning, Building and Code Enforcement reviewed and approved Case No. ZON2005-00593, and a Notice of Decision was prepared and distributed to all interested parties; and, WHEREAS, on July 20, 2006, within fifteen (15) days following the Director's Notice of Decision, Rod and Rebecca White, Harry and Peggy Fussganger, and Ruperto and Lula Elpusan (hereinafter referred to as the Appellants), filed an appeal to the Planning Commission requesting that the Planning Commission overturn the Director's approval of Case No. ZON2005-00593 based on the belief that the proposed grading to accommodate the construction of the new single-family residence, retaining walls, and one retaining wall and one garden wall constructed without permits result in the destruction of the natural contour of the hill; the gross underestimation of lot coverage results in the appearance of bulk and mass; and the mischaracterization of the illegal retaining wall being described as a garden wall, therefore creating major hazard issues; and, WHEREAS, a notice of application was mailed to all property owners within 500' radius of the subject site and the interested parties on September 7, 2006 and the notice was published in the Palos Verdes Peninsula News on September 9, 2006; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 26, 2006. At the public hearing, one of the Appellants produced photographs to the Planning Commission which suggested misrepresentation of the existing height of the after-the-fact retaining wall constructed near the northeast corner of the subject parcel on the original plans submitted by the applicant and subsequently presented to the Planning Commission; and, WHEREAS, the Planning Commission continued the meeting to November 28, 2006 to allow Staff the opportunity to research and review the information regarding the accuracy of the retaining wall constructed on the northeast corner of the subject parcel; and, WHEREAS, the Planning Commission held a duly noticed public hearing on November 28, 2006, at which time all interested parties were given an opportunity to be heard and present evidence. Furthermore, Staff presented evidence indicating that instead of one downslope retaining wall measuring 4' high near the northeast corner of the property, there are actually two connected downslope retaining walls with heights of 4'-6" and 8' with a horizontal separation exceeding 3' between the walls. The Planning Commission conditionally approved the project to allow only one downslope retaining wall near the northeast corner of the subject parcel, the height not to exceed 3'-6", thereby upholding the Director's approval of Case No. ZON2005-00593. A Notice of Decision was prepared and distributed to all interested parties; and, Resolution No. 2007-63 Page 2 of 6 WHEREAS, on December 12, 2006, within 15 days following the Planning Commission's decision, the Appellants filed an appeal to the City Council requesting that the Planning Commission's decision be overturned, thereby denying Case No. ZON2005-00593, based on the belief that the proposed grading to accommodate the construction of the new single-family residence, retaining walls, and the after-the-fact retaining walls result in the destruction of the natural contour of the hill; the gross underestimation of lot coverage results in the appearance of bulk and mass; and the mischaracterization of the west after-the-fact wall being described as a garden wall (a wall that retains less than 3'-0" in height of soil), therefore creating major hazard issues; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on February 20, 2007, at which time all interested parties were given an opportunity to be heard and present evidence. At the meeting, two of the Appellants noted a discrepancy between the height of the after-the-fact west wall and Staff's reference to it as a "garden wall" (retaining less than 2'-11" height of soil). Further, a property owner at 2938 Crownview Drive, a parcel which abuts the subject property, alleged that a survey performed on his property showed that a segment of the after-the-fact retaining walls near the northeast corner of the subject parcel was constructed on the property located at 2938 Crownview Drive. The Council directed Staff to coordinate a meeting with the Appellants to measure the wall and examine the surveys submitted by the property owner at 2938 Crownview Drive and the project applicant. The Council moved the discussion of the appeal of the proposed project to a date uncertain (4-0, Councilman Stern abstained); and, WHEREAS, on February 28, 2007, Staff met with two Appellants, the property owner, the Director of Planning, Building & Code Enforcement, the City Geologist, the property owner and his architect at 2938 Crownview Drive to measure the height of the after-the-fact wall constructed near the west side property line. Staff found that the heights of the soil retention by the west wall ranged in height from 2'-3" to 3'-2", and as a result, the west wall was determined to be a retaining wall; and, WHEREAS, Staff reviewed the surveys of the properties submitted by the property owner at 2938 Crownview Drive and the property owner. Both surveys showed that a segment of the after-the-fact retaining walls constructed near the northeast corner of the subject property encroaches the property at 2938 Crownview Drive. The applicant acknowledged this and has revised the plans to demolish said wall and proposes to construct one downslope retaining wall in the general area of the existing walls. The new downslope retaining wall shall not exceed the height of 3'-6"; and, WHEREAS, a notice of a public hearing was mailed to all property owners within 500' radius of the subject site and the interested parties on May 24, 2007, and the notice was published in the Palos Verdes Peninsula News on May 26, 2007; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on June 5, 2007, at which time all interested parties were given an opportunity to be heard and present evidence. Resolution No. 2007-63 Page 3 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed residence and resulting appearance will not significantly change the appearance of the immediate neighborhood and the residence will be compatible with the immediate neighborhood. The architectural style, roofing material, exterior finishes, and building materials will be consistent with other homes in the neighborhood. Although the resulting 5,306 square foot residence will be 1,406 square feet greater than the neighborhood average, the size of the proposed residence is found to be within the range of the homes in the immediate neighborhood, which range from 2,676 square feet to 8,518 square feet, therefore the size is found to be compatible with the residences in the immediate neighborhood. Further, the proposed construction of the residence on the south side of the property, behind the front façade of the proposed residence as seen from the streeet of access, mitigates the potential concern for creating bulk and mass. Lastly, the building setbacks from the corresponding property lines are found to be comparable with the residences found in the immediate neighborhood. Section 2: The proposed grading does not exceed that which is necessary for the permitted primary use of the lot. The proposed grading will accommodate construction of the new residence. The quantity of earth movement is not excessive, as it will be utilized for the permitted primary use of the lot. Section 3: The grading and related construction will not significantly affect the visual relationships nor the views from neighboring properties. From the existing elevation (935'), an excavation with a cut measuring up to 7' is proposed, resulting in a finished grade elevation ranging from 928.5' to 929' on the west side of the subject lot. The proposed 12' high residence on the finished grade (928.5'-929') will be lower in height, than a structure which would have been constructed at the existing grade (935'). Section 4: The proposed grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The proposed grading for the residence will occur on a non-extreme slope area to accommodate the construction of the west and south portions of the residence, with the remainder of the property maintaining in its natural condition and topography. Grading proposed on the extreme slopes on the south and north portions of the lot are limited to constructing upslope retaining walls to create flat walkable area. The grading proposed on the property is limited to the construction of the new residence and the associated retaining walls adjacent to the residence; as such, the resulting appearance of the residential structure and the retaining walls shall be constructed to appear to be blend in with the natural contours. Section 5: The proposed 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 natural topography. The proposed residence was designed to follow the natural topography on the subject site. In accommodating the construction of the new residence, grading is proposed on the non- extreme slope located on the west and south elevations. The resulting upslope retaining wall shall range in height from 2'-6" to 7' in height. Outside of this retaining wall, the applicant is proposing two retaining walls on the south and the north sides, measuring 2' to 5', and 4'-6" respectively, to provide a flat area. The proposed flat area on the south Resolution No. 2007-63 Page 4 of 6 side is about 3' wide, and on the north side, ranges from 3' to 5' wide. The site shall be landscaped to soften the appearance of grading. Section 6: The proposed grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation as no wildlife habitats have been identified on the subject site. Section 7:. The grading application is consistent with the purpose and intent of Section 17.76.040.A, since grading on slopes over 35% is permitted if the lot was recorded and legally subdivided on or before November 25, 1975. Furthermore, except for the excavation of a basement or cellar, a fill or cut should not exceed a depth of five (5) feet and is not allowed on slopes exceeding fifty (50%) percent, except where the City Council determines that unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary. Although the applicant's request for excavation calls out for a cut up to 7' in depth to construct an upslope retaining wall on a non-extreme slope on the west side of the property where the new residence is proposed, the subject site contains topographical constraints not evident in other lots in the immediate neighborhood. Moreover, the proposed grading is not excessive for that which is permitted for the primary use of the lot; the proposed grading is for the upslope retaining wall associated with the new residence; and the proposed grading is subject to the review, inspection, and approval of the City's Building Official, hence, will not be detrimental to the public safety or the surrounding properties. Section 8: The survey of the property belonging to the property owner of 2938 Crownview Drive showed that a segment of the after-the-fact downslope retaining walls constructed near the northeast corner of the subject site in fact was constructed on the neighboring property at 2938 Crownview Drive. The applicant for the project also submitted a survey which confirmed this error. As such, the applicant shall be required to demolish said walls near the northeast corner of the subject parcel and construct one downslope retaining wall entirely on the subject property, at a height not to exceed 3'-6", in accordance with the Development Code. Section 9: For the foregoing reason and based on the information and findings included in the Staff Report to the Director, dated July 6, 2006; the Staff Reports to the Planning Commission dated September 26, 2006 and November 28, 2006; the Planning Commission Resolution No. 2006-59; the Staff Reports prepared for the City Council in connection with this application, dated February 20, 2007 and June 5, 2007, the City Council of the City of Rancho Palos Verdes hereby upholds the Planning Commission's decision to approve the Site Plan Review and Grading Permit application to allow for the proposed project on the subject vacant lot (Case No. ZON2005-00593), subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. Section 10: The time within judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Resolution No. 2007-63 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 5th day of June 2007 Mayor Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2007-63 as duly and regularly passed and adopted by the said City Council at a regular meeting held on June 5, 2007. Arr City Clerk Resolution No. 2007-63 Page6of6 RESOLUTION NO. 2007-63 - EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. ZON2005-00593 (GRADING AND SITE PLAN REVIEW) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant/property owner shall submit to the City a statement, in writing, that he has read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to the submittal of plans into Building and Safety plan check, the applicant/property owner shall obtain an encroachment permit from the Director of Public Works for any curb cuts, dumpsters in the street or any other temporary or permanent improvements within the public right-of-way. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. This approval is for the construction of the following: a. a 5,306 square foot residence and a three-car garage; b. an upslope retaining wall in an L-shape formation, beginning from the west elevation to the south elevation, measuring 137' in length and up to 7' in height on a non-extreme slope (less than 35%); c. an upslope retaining wall on an extreme slope on the south elevation, measuring 57' in length and up to 5' in height; d. an upslope retaining wall on an extreme slope on the north elevation, measuring 34' in length and up to 4'-6" in height; 5. The two after-the-fact downslope retaining walls constructed near the northeast corner of the property, shall be demolished and replaced with one downslope retaining wall, not to exceed 3'-6" in height, and a maximum 2:1 transitional slope between the new wall and the building pad. A GRADING PLAN WHICH CONTAINS THE WALL DEMOLITION AND THE SLOPE RESTORATION SHALL BE SUBMITTED TO THE DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT FOR THE DIRECTOR'S REVIEW AND APPROVAL PRIOR TO BUILDING PERMIT ISSUANCE. A SURVEY SHALL BE PERFORMED AFTER THE CONSTRUCTION OF THE NEW DOWNSLOPE RETAINING WALL NEAR THE NORTHEAST CORNER OF THE SUBJECT PARCEL, IN WHICH A LICENSED SURVEYOR SHALL CERTIFY THAT SAID WALL IS ENTIRELY LOCATED ON THE APPLICANT/DEVELOPER'S PROPERTY, PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY. 6. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications Resolution No. 2007-63 Exhibit A Page 1 of 4 will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive changes to the project shall require approval of a revision to the Site Plan Review and Grading by the Planning Commission and shall require new and separate environmental review. 7. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 8. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 9. If the applicant/property owner has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this 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 Department of Planning, Building and Code Enforcement and approved by the Director. 10.In the event that any of these conditions conflict with the recommendations and/or requirements of another City department, the stricter standards 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.The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 13.Permitted hours and days of construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 14.Maximum hardscape coverage within the 20-foot front yard setback area shall not exceed 50%. 15.A minimum 2-car garage shall be maintained, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. 16.Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. 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. Resolution No. 2007-63 Exhibit A Page 2 of 4 17.All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 18.All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building official and shall be places in a location that will minimize disturbance to the surrounding property owners. Site Plan Review 19.This approval is for the construction of a 5,306 square foot one-story single-family residence (three-car garage included). 20.Unless modified by the approval of future planning applications, the approved project shall maintain a maximum 40% lot coverage (34.8% proposed) and the following setbacks from the applicable property lines: Front 20' (24'-8" proposed) Side 5' (6'-6" proposed on the west side, 20'-6" proposed on the east side) Rear 15' (15' proposed) SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS. LOT COVERAGE CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE FINAL OF BUILDING PERMITS. 21.The maximum building height shall not exceed 12', as measured from the lowest elevation on the finished grade (925.5') to the ridge (937.5'). BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION. 21. A foliage analysis conducted by Staff on April 18, 2006 revealed no existing foliage that significantly impairs the protected view from any surrounding properties. Grading 22.A total of 414 cubic yards of grading is permitted by this approval, consisting of 376 cubic yards of cut and 38 cubic yards of fill. The maximum depth of cut shall be 7' and the maximum depth of fill shall be 1'. Resolution No. 2007-63 Exhibit A Page 3 of 4 23.One upslope retaining wall in an L-shape formation, beginning from the west elevation to the south elevation, measuring 137' in length and up to 7' in height may be constructed. 24.One upslope retaining wall on an extreme slope on the south elevation, measuring 57' in length and up to 5' in height may be constructed. 25.One upslope retaining wall on an extreme slope on the north elevation, measuring 34' in length and up to 4'-6" in height may be constructed. 26.The existing after-the fact downslope retaining walls constructed near the northeast corner of the subject site shall be demolished. One downslope retaining wall, not to exceed the height of 3'-6", shall be constructed entirely on the subject property in the general vicinity of the existing walls that are to be removed. A GRADING PLAN WHICH CONTAINS THE WALL DEMOLITION AND THE SLOPE RESTORATION SHALL BE SUBMITTED TO THE DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT FOR THE DIRECTOR'S REVIEW AND APPROVAL PRIOR TO BUILDING PERMIT ISSUANCE. WALL HEIGHT ELEVATION CERTIFICATION AND LOCATION CERTIFICATION ARE REQUIRED. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATIONS. THE CERTIFICATIONS SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. 28.Prior to building permit issuance and/or commencement of grading, whichever occurs first, the applicant/property owner shall obtain approval of a haul route from the Director of Public Works. 29.Building and Safety's approval of all the retaining walls shall be required to the satisfaction of the City's Building Official prior to the issuance of building permits. 30.Prior to the issuance of building permits, the applicant/property owner shall obtain final approval from the City's Geotechnical Staff for all the existing and proposed development. 31. The applicant shall plant three 15-gallon trunk trees along the common property line shared with the property at 2938 Crownview Drive to provide adequate screening. Resolution No. 2007-63 Exhibit A Page 4of4