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PC RES 1993-027P.C. RESOLUTION NO. 93-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING VARIANCE NO. 358, CONDITIONAL USE PERMIT NO. 71, REVISION "D", AND COASTAL PERMIT NO. 117 FOR IRRIGATION, A FOUNTAIN, AND CONCRETE WALKWAYS LOCATED SEAWARD OF THE BUILDING SETBACK LINE, MODIFICATION TO THE APPROVED TRACT FENCING, AND INSTALLATION OF LANDSCAPING THAT EXCEEDS THE RIDGELIKE, AND; APPROVING CONDITIONAL USE PERMIT NO. 71 - REVISION "D", GRADING NO. 1440 - REVISION, AND COASTAL PERMIT NO. 117 FOR AFTER -THE -FACT MINOR GRADING AND GARDEN WALLS SEAWARD OF THE BUILDING SETBACK LINE ON PROPERTY LOCATED AT 6470 SEACOVE DRIVE. WHEREAS, on May 19, 1993, the applicant, Dr. Robert Hunt, submitted applications for Variance No. 358, Conditional Use Permit No. 71 - Revision "D", Grading Permit No. 1440 - Revision, and Coastal Permit No. 117 requesting after -the -fact approval of concrete walkways, irrigation, minor grading, and a fountain located seaward of the Building Setback Line, installation of landscaping which impairs views and which will exceed the ridgeline of the structure, and for modification to the approved tract fencing on property located at 6470 Seacove Drive. The applications were deemed complete for processing on July 29, 1993; 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 65952.5(e) (Hazardous Waste and Substance Statement) there was no substantial evidence that the proposed projects would have any significant effect on the environment and the proposed project was found to be Categorically Exempt (Class I), pursuant to Government Code Section 15301; and, WHEREAS, after notice issued pursuant to the provisions of the Development Code, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on September 14, 1993, 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: That, in conditionally approving Variance No. 358, Conditional Use Permit No. 71, Revision "D" and Coastal Permit No. 117 for an irrigation system, a fountain, and concrete walkways located seaward of the Building Setback Line, modification to the approved tract fencing along the trail easement at the rear of the property and along the western side property line, and installation of landscaping which exceeds the ridgeline of the residence, the Planning Commission finds as follows: A. That there are exceptional and extraordinary circumstances or conditions applicable to the subject property, which are not generally found on other properties in the RS -1 zoning district, in that approximately one third of the rear yard area is located on a steep bluff face, a public trail easement runs across the rear of the lot and half of the remaining level rear yard area is located seaward of the Building Setback Line. B. That approval of the irrigation system, fountain, concrete walkways, and modification to the approved tract fencing, and. installation of landscaping which exceeds the ridgeline is necessary for the preservation and enjoyment of a substantial property right which is possessed by other property owners under like circumstances in that, although not normally allowed, almost every developed lot in this tract has been allowed to install irrigation systems seaward of the Building Setback Line, and water use for the fountain will be recycled and not discharged into the ground. Additionally, other properties in the tract have installed the same tree species which will exceed the ridgeline. The concrete walkways, as modified through these conditions, will provide access from the main residential structure to the trail easement, as is enjoyed by other properties in the tract, and modifications to the approved tract fencing provide increased privacy along the western side of the property for that portion of the rear yard seaward of the Coastal Setback Line, and ornamentation consistent with other improvements on the southern side of the property along the trail easement. C. That the irrigation system, fountain, concrete walkways, and modification to the approved tract fencing, and landscaping which exceeds the ridgeline will not be materially detrimental to the public welfare or injurious to property and improvements, since the project has been conditioned to require the minimum number of sprinkler heads necessary to irrigate any landscaping, and shall include water saving equipment, timers to reduce excessive irrigation, and proper drainage control devices to prevent bluff top erosion. Runoff from the walkways will be collected in catch basins, and the fountain and modification to the tract fencing do not impair views from adjacent properties. In order to reduce view impairment caused by the landscaping, the project has been conditioned to remove the majority of trees which impair views and/or exceed the ridgeline, subject to approval by the Director of Environmental Services. P.C. Resolution No. 93-27 Page 2 of 6 D. That the granting of the Variance for the installation of irrigation, fountain, concrete walkways, modification to the approved tract fencing, and installation of landscaping which exceeds the ridgeline will not be contrary to the objectives of the General Plan or with the policies and requirements of the Coastal Specific Plan since the property will continue to be used for single family residential purposes and these are typical uses in a single family residential district, and that the conditions imposed have been deemed the minimum necessary to protect the health, safety, and general welfare. E. That the site is over 1 acre in size and is therefore adequate in size and shape to accommodate the accessory uses and that the site is located on Seacove Drive, which is a public roadway which is properly designed to carry the type of traffic generated by the single family residential use. F. That, as conditioned, the irrigation system, fountain, concrete walkways, modification to the tract fencing, and installation of landscaping is in conformance with the Coastal Specific Plan, since the property will continue to be used for single family residential purposes and the project will not result in an adverse impact on the adjacent bluff face and marine environment. G. That the project, which is located between the sea and the first public road, is in conformance with applicable public access and recreation policies of the Coastal Act since the irrigation system, as conditioned, will not impact the 25 foot wide dedicated public trail located along the bluff top, behind each of the homes on this portion of Seacove Drive. Section 2: That in approving Conditional Use Permit No. 71, Revision "D", Grading No. 1440 - Revision, and Coastal Permit No. 117 for minor grading and garden walls located seaward of the Building Setback Line, the Planning Commission finds as follows: A. That the site is over 1 acre in size and is therefore adequate in size and shape to accommodate the accessory uses and that the site is located on Seacove Drive, which is a public roadway which is properly designed to carry the type of traffic generated by the single family residential use. B. That the minor grading and installation of garden walls is not excessive beyond that necessary for the primary use of the lot, which is a single family residence with accessory structures and improvements for access and outdoor recreation. C. That the minor grading and installation of garden walls will not significantly adversely effect the visual relationship with, nor the views from, neighboring sites. P.C. Resolution No. 93-27 Page 3 of 6 D. That the nature of the minor grading minimized disturbance to the nature contours, the finished topography is reasonably natural and the project has been conditioned to require proper drainage control devices to prevent bluff top erosion. E. That the minor grading and garden walls, as constructed, are in conformance with the goals and policies of the General Plan and Coastal Specific Plan, since the property will continue to be used for single family residential purposes and the project will not result in an adverse impact on the adjacent bluff face and marine environment. F. That the project, which is located between the sea and the first public road, is in conformance with applicable public access and recreation policies of the Coastal Act since the minor grading and garden walls will not impact the 25 foot wide dedicated public trail located along the bluff top, behind each of the homes on Seacove Drive. Section 4: For the foregoing reasons and based on the information and findings contained in the Staff Report and records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No. 358, Conditional Use Permit No. 71 - Revision I'D", and Coastal Permit No. 117 for after - the -fact installation of irrigation, fountain, concrete walkways, modification to the approved tract fencing, installation of landscaping which exceeds the ridgeline, and hereby approves Conditional Use Permit No. 71 - Revision I'D", Grading Permit No. 1440 - Revision, and Coastal Permit No. 117 for after -the -fact minor grading and construction of garden walls seaward of the Building Setback Line on property located at 6470 Seacove Drive, subject to the conditions in the attached Exhibit "A", which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 28th day of September 1993. Bret B�Berjrd,rYCP, Director of Enviro ent Se ces and Secretary to the Commission Z�a4 Robert Kather Chairman P.C. Resolution No. 93-27 Page 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL ' VARIANCE NO. 358, CONDITIONAL USE PERMIT NO. 71 - REVISION "D" GRADING PERMIT NO. 1440 - REVISION COASTAL PERMIT NO. 117 6470 SEACOVE DRIVE 1. This approval is ONLY for installation of irrigation, concrete walkways, and a fountain seaward of the Building Setback Line, modification to the approved tract fencing, installation of landscaping which exceeds the ridgeline, and after -the -fact minor grading for landscaping purposes and construction of garden walls seaward of the Building Setback Line. NO ADDITIONAL CONSTRUCTION, IMPROVEMENTS, OR GRADING AND/OR SOIL REMOVAL/IMPORT SEAWARD OF THE BUILDING SETBACK LINE IS PERMITTED WITH THIS APPROVAL. 2. Within sixty (60) days following the adoption of this resolution and prior to installation of the irrigation system, the landowner shall submit a detailed landscape planting plan and irrigation plan for the area located seaward of the Building Setback Line and a detailed tree planting plan for the entire property, subject to review and approval by the Director of Environmental Services. The landowner shall pay all fees associated with the review of landscaping plans. 3. The landscape planting plan shall include the following: a. Removal of all queen palm (Arecastrum romanzoffianum) trees on the property, with exception to a maximum of four (4) queen palms which may be used as accents or focal points on the property. The queen palms shall be removed within sixty (60) days after the approval of the landscaping plan. b. Selection and placement of tree species which can reasonably be maintained not to exceed a maximum height of sixteen (16) feet and which will not impair views from adjacent properties. C. A minimum of eighty (80) percent drought tolerant materials seaward of the Building Setback Line. 4. The irrigation plan shall include the following: a. Separate irrigation lines/valves for all high water use areas. P.C. Resolution No. 93-27 Page 5 of 6 b. Low flow sprinkler heads. C. The minimum number of sprinkler heads necessary to irrigate the landscaped areas. Double coverage of the irrigated areas shall not be permitted. d. Timers and moisture meters to reduce excessive irrigation and irrigation during inclement weather. e. Proper drainage control devices to prevent bluff top erosion and to direct drainage away from the 25 foot wide trail easement located at the rear of the property. 5. All drainage shall be directed to catch basins or other - drainage control devices, and shall be connected to an approved storm drain, subject to approval by the Director of Environmental Services and the Division of Building and Safety. No drainage shall be permitted to enter or pass over the trail easement located at the rear of the property, or drain uncontrolled into adjacent properties. 6. The archway installed at the rear of the property adjacent to the trail easement and the fountain located in the rear yard may remain. Building permits are required for the fountain. Any modification or relocation of these improvements shall be subject to review and approval by the Director of Environmental Services. 7. The walkway providing direct access down the center of the property from the residence to the rear trail easement, including the circular portion surrounding the fountain, may remain as installed. All other walkways located seaward of the Building Setback Line shall be removed within sixty (60) days after the adoption of this resolution. 8. Within sixty (60) days after the adoption of this resolution, the landowner shall modify that portion of the side and rear yard fencing located seaward of the Coastal Setback Line to conform with the approved Tract Fencing Plan. 9. Building permits are required for the eight (8) foot high solid concrete block wall located north (landward) of the Coastal Setback Line. 10. The landowner shall comply with all recommendations and requirements, if any, of the Division of Building and Safety. 11. Within fifteen days (15) after the adoption of this resolution, the landowner shall submit a statement, in writing, that they agree to all conditions of approval contained in this exhibit. Failure to submit said statement shall render this approval null and void. P.C. Resolution No. 93-27 Page 6 of 6