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PC RES 2008-048 P.C. LUTI -4 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALPALOS VERDESAPPROVING A TRACT MAP AMENDMENT, CONDITIONAL USE PERMIT VISI AND GRADINGPERMIT (CASE 2007- 0061) FOR ADJUSTING "RESTRICTED USE AREA NEW 9,225-SQUARE-FOOT 2-STORY 1 L - A IL RESIDENCE 2,000 CUBIC YARDS OF RELATEDGRADING,ON PROPERTY L CATS T 2902 VIL MAR (LOT 6, TRACT 32991) WHEREAS, on July 12, 1977, Conditional Use Permit No. 23 (CUP 23) was approved by the Planning Commission to establish the Seacliff Hills community as a residential planned development (RPD), which included the approval of specific building footprints and limits of grading for each of the fifty-seven (57) approved residential lots; and, WHEREAS, on February 7, 2007, the applicants, Dominic and Kim DiDominicantonio, submitted an application for an amendmentto the tract map, a revision to CUP 23 and a grading permit(Case No. ZON2007-00061)to allow the development of a new single-family residence on a vacant upsiope lot in the Seacliff Hilltop community which deviated from the approved building footprint and limits of grading; and, WHEREAS, on August 26, 2008,the project 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 tract map amendment, conditional use permit revision and grading permit would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15303(a)); 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 23, 2008, at which time the Planning Commission continued the public hearing to the October 14, 2008 meeting; and, WHEREAS, on October 14, 2008, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing, at which time the interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on October 14, 2008, the Planning Commission continued the item to the November 25, 2008 Planning Commission meeting to allow time for the applicant to address concerns with the project's neighborhood compatibility with regards to architectural design, bulk and mass; and, WHEREAS, on November 25, 2008, 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 makes the following findings of fact with respect to the request for a revision to Conditional Use Permit No. 23 to deviate from the approved building footprint and limits of grading for Lot 9 of Tract No. 32991 in the Seacliff Hilltop community: A. The site for the intended use is adequate in size and shape to accommodate said use. Pursuant to CUP 23, this lot was originally approved for a 3,940-square-foot, multi-level single-family residence resulting in 9.5-percent lot coverage. The proposed 9,225-square-foot,2-story single-family residence is located in roughly the same position and orientation on the lot as the originally-approved residence, but would result in 28-percent lot coverage. The maximum permitted lot coverage for a downslope lot such as this is thirty percent (30%). However, all of the other developed properties in the immediate neighborhood exceed the allowable lot coverage, either because they were built before the adoption of the Seacliff Hills Development Guidelines, or because revisions to CUP 23 were later granted by the Planning Commission or City Council. The proposed project meets all of the required setbacks for this lot. 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(Vista del Mar)that serves all eleven (11)lots in the Seacliff Hilltop community and connects to Palos Verdes Drive East. The proposed project will not alter the nature of traffic generated by the lot as compared to the originally-approved residence. C. There will be no significant adverse effect on adjacent property or permitted uses. The subject property is located adjacent to the "Switchbacks" area of the City's Natural Communities Conservation Planning (NCCP)preserve. A biological survey was performed, which identified that there are no existing sensitive plant or animal species on the subject property, and determined that the project would not have direct or indirect effects upon habitat areas within the NCCP preserve. 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 are among the primary permitted uses P.C. Resolution No. 2008-48 Page 2 of 12 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. All eleven (11) lots in the Seacliff Hilltop community are subject to the Natural (OC- 1)and Urban Appearance (OC-3)overlay control districts, as established pursuant to Sections 17.40.040 and 17.40.060, respectively, of the City's Development Code. With the exception of lot coverage,the project will not propose any activities that are contrary to the provisions of the OC-1 and OC-3 Districts. The OCA performance criteria recommend no more than 10-percent coverage, while CUP 23 allows 30- percent coverage.on downslope lots such as the subject property, and the project proposes 28-percent coverage. However, none of the existing homes in the immediate neighborhood are consistent with this performance criterion. F. Conditions have been imposed to protect the health, safety and general welfare, which include a number of conditions of approval to ensure the consistency of the project with the Seacliff Hills Development Guidelines and the OCA and OC-3 overlay control districts, as well as to address neighbors' concerns, as identified in Exhibit `A' attached hereto. Section : The Planning Commission makes the following findings of fact with respect to the request for a grading approval for 1,200 cubic yards of grading associated with the construction of the single-family residence: 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. All of the proposed grading will be conducted to accommodate the structure and access to the site. Although the total grading quantity (2,000 C`() is above the 1,000-cubic- yard threshold established by the Seacliff Hills Development Guidelines, the additional grading allows the residence to be set lower into the lot, thereby minimizing view impacts and helping to camouflage the building's size, and its apparent bulk and mass. 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 falls within the "by right" height limit for upslope lots. The highest point of the roof will be only three-feet (3'-0") higher than the highest point of existing grade covered by the structure. The adjacent residence to the west at 2912 Vista del Mar is at the same elevation, and the structure is oriented in a southerly direction and not in the direction of the subject property, so the proposed project will have no significant impact upon views. Finally, the grade within the building footprint is being lowered such that the P.C. Resolution No. 2008-48 Page 3 of 12 residence will be lower than a similar structure that could have been built in the same location based upon the preconstruction grade. 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 Seacliff Hills neighborhood and the construction of the existing street by the developer, and past grading to accommodate the Palos Verdes Drive East roadway below. With the exception of the building footprint and access to the structure from Vista Del Mar, the topography of the remainder of the site will remain unaltered. 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 compatible with the character of the six(6) nearest homes in the immediate neighborhood and the one residence in the tract that was approved by the Planning Commission on September 11,2007, in terms of its size, scale, bulk and mass, lot coverage, architectural style and setbacks. 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, so 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. There is no evidence of sensitive species or habitat on the subject property, 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 certain City standards for grading, but is inconsistent with the criteria related to the maximum depth of cut; the number and height of upslope retaining walls adjacent to the driveway; the number and height of retaining walls adjacent to the driveway; and the height of the retaining wall within the front yard setback. Deviations from these City standards are warranted because: P.C. Resolution No. 2008-48 Page 4 of 12 i. The criteria of subsections (E)(1) through (E)(8) of RPVDC Section 17.76.040(E) are satisfied. ii. The approval is consistent with the purposes set forth in subsection A of the City's grading regulations, which stated purpose is to "[permit] reasonable development of land..."; to "[ensure]that the development of each parcel of land...occurs in a manner harmonious with adjacent lands..."; and to "[ensure] that each project complies with the goals and polices of the General Plan...." The proposed grading and retaining walls are consistent with these purposes because they will allow reasonable use of the property, will not adversely affect surrounding properties, and will be consistent with the Residential <1 DU/acre land use designation for the area. iii. Departure from the standards in subsection (E)(9)will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The retaining walls accommodate a detached garage, and will facilitate ingress/egress and provide a turn-around area. Without these retaining walls,the structures would be located higher in elevation and would likely encroach into view frames from other residences across the street and from the Vista del Mar roadway. Further, the retaining wall within the front yard setback will not visible because it will be located between the street and the new residence. Since this area slopes down from the street, the height of the wall will not be visible except from the residence on the subject property. Further, according to site visits, aerial photographs, and research of other developments in the immediate neighborhood, other properties were afforded similar retaining walls and grading to facilitate construction of residential structures. iv. Departure from the standards of subsection (E)(9)will not be detrimental to the public safety nor to other property. The City's geotechnical consultant has granted conceptual approval of the project, and additional review and analysis will be required before the soil engineering report for the grading, retaining walls and structure is granted final approval for construction. The applicant will also be required to obtain a building permit for the project, including the review of site drainage. Section 3e The Tract Amendment request will not alter any right,title or interest in real property reflected on the recorded map. The amendment to the tract would be specific to Lot 6 only, and would allow adjusting the"Restricted Use Area"so that a driveway and a portion of the residence can be constructed outside the area of restriction. P.C. Resolution No. 2008-48 Page 5 of 12 ection4: The proposed Tract Amendment to adjust the "Restricted Use Area" will not create a geotechnical hazard to the property or to adjacent property as determined by the City's Geotechnical Consultant. Section : 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(1-1)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 November 25, 2008, the date of the Planning Commission's final action. Section : 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. ZON2007-00061 for a tract map amendment, a conditional use permit revision and grading approval for adjusting a "Restricted Use Area", a new 9,225-square-foot 2-story single-family residence and 1,200 cubic yards of related grading, on property located at 2902 Vista del Mar (Lot 6, Tract 32991), 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 25th day of November 2008, by the following vote: AYES: Perestam$ Ruttenberg, Tetreault, Tomblin NOES: Knight, Lewis ABSTENTIONS: None ABSENT: Gerstner RECUSALS: None Stephan Perestam Chairman Joel RojasVPrcement;Al P Director ofnning, B ing and Code and, Secretary to the Planning Commission P.C. Resolution No. 2008- 48 Page 6 of 12 FII IT CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2007-00061 (DIDominicantonlo, 2902 Vista del Mar) General Conditions: I Prior tothe 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 an 8,389-square-foot 2-story single-family residence, an 836 square foot detached 3-car garage, and 1,200 cubic yards of grading. Specifically,the residence will contain a 4,034 square foot upper level and a 4,355 square foot lower level. The approved grading consists of 1,000 cubic yards of cut, and 200 cubic yards of fill is allowed by this approval. 4. The tract map amendment allows the adjustment of the"Restricted Use Area"along the east side property line to accommodate the new driveway for the project, and 300 square feet of the new residence. Specifically, the"Restricted Use Area"will be narrowed from its existing 33.79-foot width to 20-foot width. 5. 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. 6. 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 OCA and OC-3 overlay control district performance criteria of the City®s Municipal Code. P.C. Resolution No. 2008-48 Page 7 of 12 7. 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. 8. 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 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. 9. Final approval from the City's NPDES and Geotechnical consultants is required prior to issuance of a grading and/or building permit from the Building and Safety Division. 10. Prior to building permit final,the property owner shall either submit a letter from the Los Angeles County Fire Department indicating that no brush clearance is necessary within the City-owned abutting Preserve property as a result of the new residence or request the City to perform any brush clearance mandated by the Los Angeles County Fire Department within the City's NCCP preserve area. The subject property owner of 2902 Vista del Mar shall be responsible for the cost of the initial brush clearance and any subsequent maintenance clearing performed by the City. In addition, priorto performing the initial brush clearance,the subject property owner shall conduct a biological survey to determine if there is any Coastal Sage Scrub (CSS) or other special status plants as defined by the City's NCCP,within the area that must be cleared. Since CSS is the habitat of the federally listed California gnatcatcher, according to the City's NCCP, any loss of CSS habitat resulting from the required brush clearance is required to be mitigated at a 3:1 ratio. Such mitigation may be provided by actual re-vegetation and a five-year maintenance plan to ensure the new habitat properly establishes, or by the payment of a mitigation fee that is applied towards on-going CSS re-vegetation projects undertaken by the City within the City's habitat preserve. The fee is based on a $25,000 per acre re-vegetation cost applied to the total amount of mitigation needed, as identified in the City's NCCP. 11. 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. 12. 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. P.C. Resolution No. 2008-48 Page 8 of 12 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. 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 or on 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. 15. The project site shall be securely enclosed with a temporary construction fence, not to exceed six (6) feet in height, during the duration of construction. Said fencing shall be removed prior to issuance of the Certificate of Occupancy by Building and Safety. 16. A weatherproof sign shall be posted and maintained on the construction fence setting forth the name and contact information of the person(s) and/or superintendent in charge of the construction at the subject property. Said sign shall be displayed in a prominent location where the sign can be read from the Vista del Mar roadway, and shall be limited to four square feet in area. 17. A minimum 3-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. 18. Any fence located between the front property line and the closest portion of the house shall be limited to forty-two inches (42") in height, unless an application for a minor exception permit for a taller fence (6-foot-tall maximum) is approved by the Director of Planning, Building and Code Enforcement in conjunction with the site landscape plan. 19. All site landscaping and other improvements shall be installed and maintained in compliance with the applicable performance criteria of the Natural (OC-1) and Urban Appearance (OC-3) Overlay Control Districts. 20. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed 2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W incandescent (or equivalent). P.C. Resolution No. 2008-48 Page 9 of 12 21. The applicant shall obtain an encroachment permit from the Director of Public Works for any temporary or permanent improvements or activities within the public right-of-way of Vista del Mar. 22. The stockpiling, rough cutting and preparation of raw stone for the exterior veneer of the structure shall not be permitted on the subject property. The storage and cutting of finished stone shall be permitted on site only for the final fitting and installation of the stone veneer. The use of a minimal number of stonecutting saws shall be permitted, provided that such saws are located immediately adjacent to the areas where the stone veneer is being applied, and as far as possible from nearby residences. Condition Use Permit Revision Conditions: 23. This approval is for a 4,034 square foot upper level; a 4,355 square foot lower level; and an 836 square foot detached garage closer to the street. BUILDING AREA CERTIFICATIONS REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 24. The maximum ridgeline of the approved project is 851.50'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Further,the maximum overall height of the residence shall not exceed 30-feet, as measured from lowest finish grade elevation (8215) to the highest ridgeline elevation.. 25. The approved residence shall maintain setbacks of 70'-8"front, 85'-9"rear,31'west side and 24' east side. BUILDING SETBACK CERTIFICATION REQUIRED,to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 26. The approved detached garage shall maintain a minimum front yard setback of 25- feet and a minimum side setback to the west side property line of 10-feet. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 27. The approved project shall maintain a maximum of 28% lot coverage as calculated pursuant to the Seacliff Hills Development Guidelines. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 28. Prior to Building Permit issuance, the applicant shall submit a site landscape plan for the review and approval of the Director of Planning, Building and Code Enforcement. Said plan shall include any proposed walls or fences in accordance with the Seacliff Hills Development Guidelines. The landscape plan should be designed to: P.C. Resolution No. 2008-48 Page 10 of 12 a. Screen buildings from Vista del Mar; b. Soften architectural features; c. Improve the transition between open space areas and buildings; d. Stabilize slopes; e. Emphasize the use of drought-tolerant plantings; and, f. Protect views from nearby properties. All project site landscaping shall be installed within ninety (90) days of building permit final. 29. The swimming pool and spa shall be located no less than three feet(3'-0")from the side and rear property lines. SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. The pool and spa equipment shall be located at least ten feet (10'-0") from the side and rear property lines unless manufacturers' specifications are provided that demonstrate that the equipment will not generate noise in excess of 65 dBA at the property line, in which case the equipment may be located no less than three feet (3'-0") from the side and rear property lines. Pool fencing shall be provided in accordance with the requirements of the Building Code. 30. Prior to Building Permit issuance, the applicant shall provide samples of the proposed glazing and roofing materials forthe review and approval of the Director of Planning, Building and Code Enforcement. The applicant shall employ glazing and roof materials that are not excessively bright or reflective, to the satisfaction of the Director. 31. Aside from site improvements explicitly approved by these conditions of approval, any future request for additions, accessory structures or additional grading that increase the lot coverage for the site shall require the approval of a further revision to Conditional Use Permit No. 23 by the Planning Commission, and shall be subject to new and separate environmental review. Grading Approval Conditions: 32. The permitted grading quantities shall be as follows: Area Cut Fill Total Earth I Movement House 1200 CY 0 CY 1,200 CY Footprint , P.C. Resolution No. 2008-48 Page 11 of 12 Outside 650 CY 150 CY 800 CY Footprint Total 1,850 CY 150 CY 2,000 CY ROUGH AND FINAL GRADE CERTIFICATION REQUIRED. 33. The applicant shall furnish the City with copies of landfill receipts for the approved export of 1,700 cubic yards of material prior to Building Permit final. 34. Haul routes used to transport soil exported from the project site shall be approved by the Director of Public Works. 35. The maximum height of the upslope retaining wall adjacent to the driveway and garage shall be limited to 8-feet in height and the maximum height of the upslope retaining wall within the front yard area shall be limited to 10-feet in height. The maximum height of the downslope retaining wall in the rear yard shall not exceed 3'- 6". All retaining walls visible form the street shall be landscaped with shrubs and/or vines, to the maximum extent practicable and to the satisfaction of the Director of Planning, Building and Code Enforcement prior to building permit final. 36. Maximum new slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. 37. Prior to the issuance of a grading permit by the City's Building Official, the applicant shall obtain final approval of the grading plan from the City's geotechnical consultant. The applicant shall be responsible for the preparation and submittal all soil engineering and/or geology reports required by the City's geotechnical consultant in order to grant such final approval. 38. The maximum slope of the driveway shall not exceed 20 percent(proposed: 19%). DRIVEWAY GRADE CERTIFICATION REQUIRED PRIOR TO GRADING AND/OR BUILDING PERMIT FINAL. Tract Map Amendment Condition 39. The tract map amendment for adjusting the "Restricted Use Area", complete as to final form, shall be submitted and approved by the City Engineer prior to issuance of a grading and/or building permit. 40. The adjusted "Restricted Use Area", as illustrated on the plans approved by the Planning Commission and approved by the City Engineer,shall be recorded with the Los Angeles County Recorders Office within ten working days from the date of approval by the City Engineer. P.C. Resolution No. 2008-48 Page 12 of 12