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PC RES 2012-005 P.C. RESOLUTION NO. 2012-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL CERTIFY A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE, ENVIRONMENTAL ASSESSMENT, HEIGHT VARIATION AND GRADING PERMIT (ZON2010-00028) TO ALLOW THE RELOCATION OF A GENERAL PLAN LAND USE BOUNDARY LINE BETWEEN RESIDENTIAL & ENVIRONMENTIHAZARD AND THE ZONING BOUNDARY LINE BETWEEN SINGLE-FAMILY RESIDENTIAL (RS-2) & OPEN SPACE HAZARD TO A MORE NORTHERLY LOCATION SO THAT THE MORE LEVEL AREA OF THE LOT CAN BE DEVELOPED WITH A NEW 6,838FTz TWO-STORY RESIDENCE WITH 2,OOOYD3 OF GRADING AT 10 CHAPARRAL LANE AND 75YD3 OF GRADING FOR AN 8' TALL RETAINING WALL AT 8 CHAPARRAL LANE. WHEREAS, on July 15, 2008, the City Council approved a General Plan Initiation Request, allowing the applicant to proceed with the pursuit of proposed changes to the General Plan land use and zoning designation to adjust the boundary line between the portion designated as "residential'" and the portion designated as "hazard" on the subject property; and, WHEREAS, on September 23, 2008, the applicant submitted applications (SUB2008- 00005, ZON2008-000509, ZON2008-00510, ZON2008-00511 & ZON2008-00512) to relocate the land use and zoning designation boundary line, subdivide the subject lot into three separate parcels and develop each lot with a single-family residence. Over the next two years, the applicant changed the scope of the project and then ultimately withdrew his application; and, WHEREAS, on January 19, 2010, the applicant submitted a new application, requesting to relocate the land use and zoning designation boundary line and construct one single-family residence on the subject lot; and, WHEREAS, on January 21, 2010, the project was deemed incomplete based on missing information; and, WHEREAS, on August 1, 2011, the project was deemed complete after subsequent reviews; and, WHEREAS, a notice was published on August 4, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et, seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that with appropriate mitigation, there is no substantial evidence that the approval of ZON2010-00025 would result in a significant adverse effect upon the environment and, therefore, a Mitigated Negative Declaration has been preparedand notice of same was given in the manner required by law; and, P.C. Resolution No. 2012-05 Page 1 WHEREAS, on September 13, 2011, the Planning Commission held a duly noticed public hearing and continued the public hearing to an unspecified date to allow Staff and the applicant to address grading and trail connection issues raised by the public-, and, WHEREAS, a notice was published on January 26, 2012„ pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on February 28, 2012, 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 has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that, with appropriate mitigation measures, the approval of Case No. ZON2010-00025, a General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Grading Permit would result in a significant adverse effect upon the environment. Section 2: With the appropriate mitigation measures that address impacts upon biological resources; geology and soils; and hydrology and water quality, the project will not have a significant impact. Section 3: Approval of a General Plan amendment is warranted because the proposal is internally consistent with the General Plan. More specifically, the proposed relocation of the General Plan land use boundary line would allow only the relatively flat area on the subject property to be entirely outside of the Natural Environment/ Hazard designation and be completely within the Residential land use designation. The remaining extreme slope beyond the new buildable area would remain as Natural Environment/Hazard. Further, the surrounding area is a developed residential tract and thus the boundary line relocation would be consistent with the land use designation of the immediate developed neighborhood. Section 4: That the proposed change in the General Plan is warranted since the proposed amendment is in the public's interest because it would further differentiate the only pad area of the property from the sloping areas. Section 5: The proposed change in the zoning designation is warranted because it would be compliant with the General Plan. With the change in the General Plan land use designation allowing the only relatively flat area on the property to be residential, changing the zoning designation from Open Space Hazard to Single-Family Residential would allow development of a single dwelling unit on the relatively flat area rather than over extreme slopes. Nearly a third of the lot, consisting of slopes would be dedicated to the City for future trail purposes. Section 6: A Height Variation to allow the proposed 6,838ft' two-story residence measuring up to 26' in height is warranted because: P.C. Resolution No. 2012-05 Page 2 A. The applicant has complied with the early neighbor consultation process established by the city by providing signatures from 60% of the total number of landowners within a 500' radius of the subject property. B. The proposed new structure that is above 16' in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails) which has been identified in the city's general plan or coastal specific plan, as city-designated viewing areas since there are none in close proximity. C. The proposed new structure is not located on a ridge or promontory, as defined in the Development Code because the subject property is located within a developed single-family residential tract. D. The area of the proposed new structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. More specifically, the views are in a northerly direction and therefore the properties located to the north, east and west are not affected by the proposed project, Additionally, the properties located to the south are not affected by the proposed project because they are approximately 100' higher in elevation than the subject property, E. There is no significant cumulative view impairment caused by granting the application since there is no view impairment caused by the proposed project. F. The proposed structure complies with all other code requirements, including, but not limited to setbacks, lot coverage and enclosed parking, G. The proposed structure is compatible with the immediate neighborhood character. More specifically, the proposed structure size will not be out of scale because the lot is located at the end of the street and' the closest point of the proposed structure will be located more than 59' away from the front property line-, 10% of the proposed structure size is a basement located below grade; and various design features are used to minimize the apparent bulk/mass of the new structure. Furthermore, the proposed fagade treatments, architectural style, structure height, roof design, number of stories, setbacks, building materials and bulk/mass of the new residence blends in with the neighborhood character. H. The new construction that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences, because the proposed structure will be placed more than 159' away from the nearest home, Section 7: Approval of a Major Grading Permit to allow 2,000yd' (500yd' cut & 1,500yd' fill) of earth movement on 10 Chaparral Lane and 75yd' of grading on 8 Chaparral Lane is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the subject lot is residential as identified in the City's General Plan and Zoning Map. More specifically, a total of 2,000yd3 of grading is proposed to raise the building pad area by approximately 4.5' for a new residence and fill the driveway area by 8' in height so that an access can be constructed P.C. Resolution No. 2012-05 Page 3 without exceeding 20% gradient, A separate excavation, of 75yd3 is proposed across 8 and 10 Chaparral Lane, on the north side of the street to stabilize the access to the subject property. 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 because there are no views across the proposed grading/construction area, as discussed in Section 4(D). C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the proposed grading minimizes disturbance of the lot by altering only 20% of the slopes primarily to stabilize the area around the building pad for development. The remaining slopes on the subject property will remain untouched and a third of the parcel consisting of slopes will be dedicated as an easement to the City for future trail purposes. 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. More specifically, the proposed grading preserves natural topographic features of the site by altering only 20% of the lot, while nearly a third of the property consisting of slopes will be dedicated to the City for trail purposes. E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as discussed in Section 4(G). F. The grading does not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation with mitigation measures that require clearing and grading on site to occur only outside of the avian nesting season. G. The grading does not conform to standards detailed under 17,76,040(E)(9) for creating maximum finished slopes in excess of 35% steepness. However, the proposed grading in excess of that permissible under 17.76.040(g) is warranted because: i. The criteria of subsections 17.76.040(E)(1) through (E)(8) are satisfied; ii. The approval is consistent with the purposes of the Grading Permit. The purpose of the Grading Permit is to 1) permit reasonable development of land and minimizing fire hazards; 2) ensure the maximum preservation of the natural scenic character of the area consistent with reasonable economic use of such property; 3) ensure that the development of each parcel of land occurs in a manner harmonious with adjacent lands; and 4) ensure that each project complies with all goals and policies of the general plan, specific plan and any amendments. More specifically, the proposed grading is consistent with the purposes of the Grading Permit because it allows reasonable development of the intended use of the property without adversely affecting surrounding properties while consistent with the RS-2 zoning designation for the area. The proposed grading alters 20% of the property while the remainder of the lot will P.C. Resolution No. 2012-05 Page 4 be untouched, ensuring maximum preservation of the natural character of the property after reasonable development. Additionally, nearly a third of the property consisting of slopes will be dedicated as an easement to the City for future trail purposes. Furthermore, the proposed development does not alter the existing neighborhood character and is designed in a harmonious manner with neighboring properties, as evidenced in Section 4(G). Lastly, the proposed project is consistent with the policies in the General Plan as evidenced in Section 2. iii. Departure from the standards in subsection 17.76.040(E)(9) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. More specifically, the reason for creating man-made slopes in excess of 35% is to blend the altered area with the existing 2:1 slopes on the property. The remaining slopes on the lot will remain untouched. Additionally, there are other properties in close proximity that were allowed similar deviations that were necessary for the development of the lot. iv. Departure from the standards of subsection 17.76.040(E)(9) will not be detrimental to the public safety nor to other property. More specifically, the proposed improvements will require geotechnical review and issuance of a Building Permit, thereby ensuring that the improvements will not be detrimental to or injurious to other properties and improvements in the area. Section 8: The Planning Commission action on this matter is advisory only; with the final action on the matter being taken by the City Council at a future duly noticed public hearing. Nonetheless, any interested person aggrieved by this decision or any portion of this decision may appeal it to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5,30 PM on Wednesday, March 14, 2012. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on March 14, 2012. Section 9: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council; a) Adopt the Mitigated Negative Declaration, b) Approve the General Plan Amendment, thereby relocating the boundary line to a more northerly location to the top of slope at the bottom of the new building area, thus modifying the General Plan land use from Natural Environment/Hazard to Residential, c) Approve the Zone Change, thereby relocating the boundary line to a more northerly location to the top of slope at the bottom of the new building area, thus rezoning from Open Space Hazard (OH) to Single Family Residential (RS-2), d) Conditionally approve the Height Variation and Grading Permit, thereby allowing the construction of a 26' tall, 6,838ft2, two-story, single-family residence with 2,000yd' of related grading on 10 Chaparral Lane and 75yd 3 of grading for the construction of an 8' tall caisson wall on 8 Chaparral Lane, P.C. Resolution No. 2012-05 Page 5 PASSED, APPROVED AND ADOPTED this 28" day of February 2012, by the following vote: AYES: Commissioners Emenhiser, Gerstner, Lewis, Nelson, Vice Chairman Tetreault NOES: Commissioner Leon ABSTENTIONS: None RECUSALS: None ABSENT: Chairman Tomblin ( David L. Tomblin, Chairman Joel Rod s, A\ICP Comm unity evelopent hector; and, I L Secretavy 9t the PlarrChi Commission P.C. Resolution No. 2012- 05 Page 8 EXHIBIT "A" CONDITIONS OF APPROVAL FOR CASE NO. ZON2010-00025 10 CHAPARRAL LANE 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 the date of this approval shall render this approval null and void. 2. 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. 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. The Community Development Director 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 by the final body that approved the original project, which may require new and separate environmental review. 5. 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, 6. 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- 7, 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 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 Community Development Department and approved by the Director. 8, 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. J. 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 P.C. Resolution No. 2012-05 Page 7 date of this Resolution. 10. 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. 11. 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 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. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable 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 placed in a location that will minimize disturbance to the surrounding property owners. Proiect Specific Conditions: 14. This approval is for a 6,838 ft', two-story single-family residence, which includes a 675ft' three-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 15. The maximum ridgeline of the approved project is 717.5' with an overall maximum height of 26', as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the Finished Floor Elevation at 695'. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (10% proposed). 17. The approved residence shall maintain setbacks of 59'-Y front (E), 164" rear (W), 181'- 7" north side and 273'-4" south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection, 18. A minimum of three enclosed parking spaces shall be provided and maintained in a garage, and a minimum of three unenclosed parking spaces shall be provided and maintained as a driveway on the property. P.C. Resolution No. 2012-05 Page 8 19. An enclosed parking space shall have an unobstructed ground space of no less than 9' in width by 20' in depth, with a minimum of 7' of vertical clearance over the space. An unenclosed parking space shall have an unobstructed ground space of no less than 9' in width by 20' in depth, 20. The driveway shall be a minimum width of 10' and a paved 25' turning radius shall be provided between the garage or other parking area and the street of access for driveways. 21. The driveway shall not exceed 20% slope. 22. This approval is for 2,000yd3 of grading primarily to raise the building pad and driveway area, consisting of 1,500yd' of cut and 500yd' of fill. The maximum depth of cut and/or fill shall be 8'. Additionally, an 8' tall retaining wall is allowed against the ascending southerly slope. 23. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 24. 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. 25, Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 26. 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. 27. The proposed easements shown on the plans presented to the Planning Commission on February 28, 2012 shall be dedicated to the City, prior to the issuance of Building Permits. 28. Prior to any work, the applicant shall document the current condition of Chaparral Lane. Following construction, Chaparral Lane shall be re-assessed and any damages to the street surface incurred as a result of the grading and/or related construction shall be the responsibility of the applicant to either repair or fund the repair to the satisfaction of the Director. Mitigation Measures: 29. Clearing and grubbing of the site should occur outside the avian nesting season (approximately February 1 — August 31). If clearing and grubbing of the project site occurs between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist. The property owner shall be responsible to implement this mitigation measure prior to clearing and/or grading, to be verified by the Community Development Department. 30. If nesting birds occur in the impact area, a buffer around the nest will be flagged as P,C. Resolution No. 2012-05 Page 9 determined by a qualified biologist and up to 500' from the nest. All activities will occur outside the buffer area until a qualified biologist has determined that the young are no longer dependent on the nest and that no new nesting activity has occurred in the flagged area by another pair of birds. The property owner shall be responsible to implement this mitigation measure prior to clearing and/or grading, to be verified by the Community Development Department. 31. Any impacts to coastal sage scrub habitat shall be mitigated by the project pursuant to the City's NCCP. 32. A caisson wall shall be used to mitigate a landslide. This wall shall be installed under a separate permit prior to construction of the proposed residence. The property owner shall be responsible to implement this mitigation measure prior to construction, to be verified by the Community Development Department, 33. An as built geotechnical report shall be prepared by the project geotechnical consultant following grading/construction for the subject site improvements. The report shall include the results of all field density testing, depth of reprocessing and recompaction, depth and locations of any caissons, as well as a map depicting the limits of grading, locations of all density testing, and geologic conditions exposed during grading/excavation. The report shall include conclusions and recommendations regarding applicable setbacks, foundation recommendations, slope stability, erosion control and any other relevant geotechnical aspects of the site. The property owner shall be responsible to implement this mitigation measure prior to Building & Safety permit issuance. 34. A stormwater pollution prevention management plan shall be required for review and approval, prior to Building & Safety Division permit issuance. 35. No construction or storage of construction materials would be allowed outside the designated construction limits. Prior to construction, the limits shall be flagged and/or fenced with highly visible flagging. The staging area shall be located outside of streambed- The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. 36. In temporary construction areas susceptible to erosion, such as bare hillsides, silt fence and fiber rolls shall be used to stabilize these areas and minimize erosion until vegetation can be reestablished. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. 37. All hazardous materials shall be property stored. If discharge occurs, the spill shall be cleaned by trained personnel using appropriate methods. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. P.C. Resolution No. 2012-05 Page 10