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PC RES 2007-059 P.C. RESOLUTION NO. 2007-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOSVERDEVERDES APPROVING A CONDITIONAL USE PERMIT REVISION AND GRADINGAPPROVAL(CASE NO.ZON2006-00587) FOR 3 CUBIC YARDS F GRADING AND A 6-FOOT-TALL COMBINATION RETAINING ALL/ A E ALUFE CE ON THE SLOPE ALONG THE SOUTHERLYSIDE PROPERTY LINE OF A NEWI L -F ILY RESIDENCE, LOCATED AT 57 VIA DEL CI L WHEREAS, on March 17, 1992, Conditional Use Permit No. 158 (CUP 158) was approved by the City Council to establish the Oceanfront community as a residential planned development (RPD), which included the approval of specific development standards for each of the seventy-nine (79) approved residential lots; and, WHEREAS, on September 15, 2003, the Director of Planning, Building and Code Enforcement approved, at the request of the developer, Makallon RPV Associates, LLC, a lot line adjustment(Case No. SUB2003-00010)for Lot 23 of Tract No. 46628 that resulted in the relocation of the southerly side property line to a point midway down the 2:1 slope toward Lot 24; and, WHEREAS, rather than building a home on Lot 23 of Tract No. 46628, Makallon RPV Associates, LLC, sold the property as a vacant lot to Woodrow Myers in February 2005; and, WHEREAS, on December 21, 2005, Mr. Myers obtained approval of a grading permit (Case No. ZON2005-00641) for a new home on the lot, which is currently under construction; and, WHEREAS, on November2, 2006, Mr. Myers submitted an application fora revision to CUP 158 and a grading permit (Case No. ZON2006-00587)to allow the construction of a combination retaining wall/garden wall/fence on the southerly side-yard slope of Lot 23, thereby requesting a deviation from the development standards established by CUP 158; and, WHEREAS, on August 16, 2007, the application was deemed complete for processing by Staff; 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), Staff found no evidence that the approval of the requested conditional use permit revision and grading approval would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(e)); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 11, 2007, 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 makes the following findings of fact with respect to the request for a revision to Conditional Use Permit No. 158 to deviate from the restriction on grading on side-yard slopes between lots in Tract No. 46628 (Oceanfront): A. The site for the intended use is adequate in size and shape to accommodate said use. Pursuant to CUP 158,this lot was originally approved as a 29,855-square-foot downslope split-pad lot. The approval of the lot line adjustment in 2003 increased the size of the lot to 31,890 square feet. This lot size is sufficient to allow for the development of the approved home and related accessory structures in compliance with the provisions of CUP 158. B. The site for the proposed use relates to streets and highways properly designed to carry the type and quantity of traffic generated by the subject use. The subject property is served by an existing public street(Via del Cielo),which connects to Via Vicente and.Palos Verdes Drive West. The proposed project will not alter the nature of traffic generated by the lot. C. There will be no significant adverse effect on adjacent property or permitted uses. The subject property is located adjacent to Lot 24 of Tract No. 46628, another vacant residential lot in the Oceanfront community. No development application has yet been submitted for Lot 24. The proposed project will result in a 6-foot-tall combination wall/fence located mid-slope along the northerly side of Lot 24. Aside from its location on a 2:1 slope, 6-foot-tall side-yard walls/fences are common throughout the Oceanfront community. However, the Planning Commission is concerned that the approval of this application not set a precedent for grading of side-yard slopes elsewhere in the community. As such, this revision to CUP 158 only applies to Lot 23, given the unique physical circumstances created by the previous lot line adjustment. D. The proposed use is not contrary to the General Plan. The General Plan land use designation for the subject property is Residential, <1 DU/acre. The development and improvement of single-family residences and related accessory structures 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 P.C. Resolution No. 2007-59 Page 2 of 7 existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." E. The Oceanfront community is subject to the Natural (OC-1), Socio-Cultural (OC-2) and Urban Appearance (OC-3)overlay control districts, as established pursuant to Sections 17.40.040, 17.40.050 and 17.40.060, respectively, of the City's Development Code. The proposed project is consistent with all of the performance criteria established for properties affected by the OC-1, OC-2 and OC-3 overlay districts. F. Conditions have been imposed to protect the health, safety and general welfare, which include limiting the applicability of this revision to CUP 158 to only Lot 23 of Tract No. 46628, and applying standard construction-related conditions so as to protect adjacent properties and public rights-of-way, as identified in Exhibit 'A' attached hereto. Section 2e The Planning Commission makes the following findings of fact with respect to the request for a grading permit for 83 cubic yards of grading associated with the construction of a 6-foot-tall combination retaining wall/garden wall/fence on the southerly side-yard slope: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. Based upon the underlying RS-1 zoning designation, the primary permitted use of the property is for single-family residential development. The proposed grading is for cut and fill (83 CY)that is outside the building footprint. This is a relative small quantity of additional grading in relation to the 308 cubic yards of grading permitted for the construction of the home. 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. The proposed project will result in a 6-foot-tall combination wall/fence located mid-slope between Lots 23 and 24. Aside from its location, such walls/fences are very common throughout the Oceanfront community. Furthermore, the existing topography and relative elevations of Lots 23 and 24 already limit northwesterly views from Lot 24. The proposed wall/fence will not significantly alter this impact. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing "natural" contours of the project site are largely the result of past grading for the development of the Oceanfront neighborhood. With the exception of the back-fill behind the retaining portion of the proposed wall, the existing side-yard slope between Lots 23 and 24 will remain unaltered. P.C. Resolution No. 2007-59 Page 3 of 7 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. As mentioned above,the existing "natural"contours of the project site are largely the result of human alteration in the past. There are no significant natural topographic features that would be disturbed by the proposed grading. E. The proposed project is not a new single-family residence, so the required finding of compatibility with the character of the twenty (20) nearest homes in the immediate neighborhood in terms of its size, scale, bulk and mass, lot coverage, architectural style and setbacks, is not applicable in this case. F. The proposed project is not a new residential tract, so the required finding that 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 in this case. G. The proposed project does not involve modifications to streets or other public infrastructure, 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 in this case. H. The proposed project does not involve disturbance of natural landscape or wildlife habitat, so 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 in this case. I. The grading conforms to all City standards for grading on slopes; creation of new slopes; numbers, heights and locations of retaining walls; and maximum driveway steepness. Specifically, new slopes will not exceed 35-percent steepness;only one 3Y2'-tall downslope retaining wall in the side yard is proposed; and the maximum driveway slope will not be altered. Section 3; Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.60.060 and 17.76.040(H) 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) days following September 11, 2007, the date of the Planning Commission's final action. Section 4: For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the Planning Commission hereby approves Case No. ZON2006-00587 for a conditional use permit P.C. Resolution No. 2007-59 Page 4 of 7 revision and grading permit for 83 cubic yards of grading and a 6-foot-tall combination retaining wall/garden wall/fence on the slope along the southerly side property line of a neve single-family residence, located at 57 Via del Cielo, subject to the conditions of approval contained in the attached Exhibit `A', attached hereto and made a part hereof, which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, AND ADOPTED this 11th day of September 2007, by the following vote: AYES: Commissioners Karp, Knight, Lewis, Ruttenberg and Tetreault, Vice Chairman Perestam and Chairman Gerstner NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: none r Bill Gerstner Chairman Joeloja , ACCP Dire oro Plann g, Building andd Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-59 Page 5 of 7 EXHIBITW CONDITIONS F APPROVAL FOR PLANNING S N2006-00587 (Myers, 57 Via del Clelo) 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 Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. 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. 3. This approval is for the construction of a 6-foot-tall combination retaining wall/garden wall/fence on the slope in the southerly side yard and 83 cubic yards of related grading. 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 will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the conditional use permit and/or grading permit by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-1 district development standards and the OC-1, OC-2 and OC-3 overlay control district performance criteria of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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 P.C. Resolution No. 2007-59 Page 6 of 7 Planning, Building and Code Enforcement and approved by the Director. Otherwise, a conditional use permit revision and/or grading permit revision must be approved prior to further development. 7. 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. 8. 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. 9. 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. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays oron the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and other construction vehicles 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 above. Condition Use Permit Revision Conditions: 11. Condition No. M.3 of Resolution No. 92-27 for Conditional Use Permit No. 158 is hereby revised to read as follows (additions underlined, deletions strwGk ew ): "M.3 With the exception of the retaining wall approved on Lot 23 pursuant to Case No. ZON2006-00587 No no construction and/or grading on individual lots, except for 2:1 transitional slopes between split level pad areas of the same lot, shall be permitted on 3:1 or greater slopes." Grading Approval Conditions: 12. The permitted grading quantity is eight-three (83) cubic yards for cut and fill. The maximum permitted depth of cut and fill is three feet six inches (3'-6"). The maximum combined height of the retaining wall, garden wall and/or fence shall be six feet (6-0") as measured from the lower side. M:\Projects\ZON2006-00587(Myers,57 Via del Cielo)\PC Resolution 2007-59.doc P.C. Resolution No. 2007-59 Page 7 of 7