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PC RES 1999-035P.C. RESOLUTION NO. 99-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 460, GRADING PERMIT NO. 2073 & 2074, SITE PLAN REVIEW NO. 8697, AND COASTAL PERMIT NO. 157, ALLOWING THE ENLARGEMENT AND ENCLOSURE OF THE EXISTING CARPORTS WITH 4 -FOOT SETBACKS TO CREATE ENCLOSED GARAGE AND STORAGE AREAS THAT WILL MAINTAIN A MINIMUM SETBACK OF 2 -FEET FROM THE REAR PROPERTY LINE ADJACENT TO THE ALLEY; 200 CUBIC YARDS OF GRADING AND STOCKPILING FOR THE CONSTRUCTION OF RETAINING AND GARDEN WALLS ALONG THE PERIMETER OF THE APARTMENT SITE; AND GENERAL IMPROVEMENTS ON THE TOP LEVEL OF THE EXISTING PARKING STRUCTURE. THE IMPROVEMENTS ARE TO THE SITE KNOWN AS THE PORTO VERDE APARTMENTS COMPLEX, LOCATED AT 6568 & 6600 BEACHVIEW DRIVE AND 32636 NANTASKET DRIVE. WHEREAS, on October 28, 1998, the applicant, Alliance Property Management Company, representing landowner Connecticut General Life Insurance for property known as the Porto Verde Apartments, submitted Grading Permit No. 2073 and 2074, for 200 cubic yards of grading along the perimeter of the site and stockpiling at the Porto Verde Apartments site; and, WHEREAS, on November 10, 1998, the applications were deemed incomplete by Staff pending the submittal of additional information and applications; and, WHEREAS, after the submittal of additional information and plans, and the required Coastal Permit No. 157, Site Plan Review No 8697 and Variance No. 460, Staff deemed the applications complete on September 1, 1999; 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 Variance No 460, Grading Permit No. 2073 and 2074, Site Plan Review No 8697, and Coastal Permit No. 157 would have a significant effect on the environment, thus, the proposed project has been found to be categorically exempt (Section 15301), 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 28, 1999, 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 subject property contains exceptional or extraordinary circumstances or conditions which do not apply generally to other properties in the same zoning district since the site was developed under the authority of Los Angeles County, with carports that are 47feet from property line, and there are no other areas on the site to accommodate garages, as specified by the City's Development Code Further, the carports are under the complex's common outdoor patio area, and enclosing the carports will result in what the Development Code defines as a roof deck, although no change in the area of the decking will result. Section 2: The variance is necessary for the preservation and enjoyment of a substantial property right since the Development Code allows for garages. The only feasible location available on the subject property is to enclose the existing carports that are non -conforming to setback requirements Further, since enclosing the carports results in a portion of the existing common patio defined to be a roof deck, the variance is necessary to ensure the right of the property owner to provide for garages and storage areas on the subject property As such, this is an unintended impact of the roof deck ordinance Section 3: The requested variance will not be materially detrimental to the public welfare because the 30 -foot wide alley does not contain a high level of vehicular traffic, and largely serves the residents of the Porto Verde Apartments by providing access to the parking facilities of the apartments. Further, enclosure of the carports that results in a roof deck for the portion of the common area above will not intensify the use of the patio beyond that in existence. Furthermore, the roof deck portion of the patio will be oriented in the same direction as the existing, and will not directly look onto the private gathering spaces of the adjacent properties Section 4: The requested variance meets the intent, goals and policies of both the City's General Plan and the Coastal Specific Plan in that the proposal does not call for an intensification of land use, nor are there any current or future coastal access easements through the subject property. Section 5: The grading is not excessive for the permitted use of the lot, since the grading will accommodate retaining walls and planter walls up to a maximum height of 42 - inches, which is allowed by the Development Code between the street and the fagade of the building P C Resolution No 99 - 35 Page 2 Section 6: The grading will not significantly affect the visual relationships with neighboring properties since the proposed walls will not exceed the 42 -inch height limit, and since there are not properties with views over or through the areas of the proposed grading. Section 7: The grading conforms to all relevant standards and does not result in extreme slopes and the retaining walls will be back-filled to accommodate landscaping along the perimeter of the site. Section 8: The temporary stockpiling of earth material is not excessive in nature and will not affect neighboring properties. Further, the stockpiling will not introduce new earth material to the area since the stockpiled material is being transported to a site that is directly across the street from the subject property and will be utilized to backfill the proposed walls. Section 9: The improvements and landscaping on the upper level of the parking structure will not result in significant view impairment, nor result in an unreasonable infringement of privacy to the residents of adjacent properties Section 10: The 42 -inch high retaining wall within the intersection visibility triangle will not affect motorist safety since there is no crossing of traffic Section 11: The Coastal Permit is justified since the project will not affect nor be inconsistent with the intent of the City's Coastal Specific Plan since the project will not alter the existing land use pattern nor affect access to the coastal areas The Porto Verde Apartment site is not located between the sea and the first public road, and is in a non - appealable area of the Coastal Specific Plan. Section 12: The Site Plan Review application is justified since the improvements are considered to be ancillary and comply with the applicable code requirements contained in the Development Code Section 13: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17.76.040(H) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following September 28, 1999, the date of the Planning Commission's final action. Section 14: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No. 460, Grading Permit No 2073 and 2074, Site Plan Review no. 8697, and Coastal Permit No 157, subject to the conditions of approval contained in Exhibit "A" attached hereafter. P C Resolution No 99 - 35 Page 3 I PASSED, APPROVED, AND ADOPTED this 28th day of September 1999, by the following vote: AYES Alberio, Cartwright, Clark, Lyon, Paris, Slayden, Vannorsdall NOES None ABSTENTIONS: None ABSENT: None Joel Rhas, AICP Directjr of Planni"ilding and toda,triforcement, and, Secretary to the Planning Commission n S. Cartwright Planning Commission Chairman P.C. Resolution No 99 - 35 Page—4 s EXHIBIT 'A' CONDITIONS OF APPROVAL VARIANCE NO. 460, GRADING PERMIT NOS. 2073 & 2074, SITE PLAN REVIEW NO. 8697, and COASTAL PERMIT NO. 157 Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void 2 The approval shall become null and void after one year from the date of Planning Commission approval, unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process. Vanance: 3 The existing carports shall be enlarged and enclosed to provide for garage and storage areas, serving the residents of the Towers at the Porto Verde Apartments. 4 The new garages shall maintain a minimum 2 -foot setback from the (south) rear property line along the existing alleyway. 5 The owner/applicant shall be required to install and maintain in proper working order an electronic garage door opener for each garage door utilized for the parking and storage of vehicles. Further, the doors for the garages and storage areas shall be of a roll -up type door only 6 The roof deck area is limited to the area over the enclosure of the existing carports that provides for garages at the Towers of the Porto Verde Apartments. 7. The enclosure of the existing carports, which currently provides for 30 parking spaces shall continue to provide parking and storage of 30 vehicles 8 A maximum of 28 individual garages for the parking and storage for a minimum of 30 vehicles is approved Further, six individual storage areas are approved under this permit. Grading Permits 9 A maximum of 200 cubic yards of earth movement, and a maximum depth of cut and Exhibit "A" P.C. Resolution No. 99 - 35 Page 1 fill of 5 -feet is approved under this permit. The grading will be conducted along the perimeter of the Porto Verde Apartments 10 The maximum height of the retaining walls and other such walls located between the street and the buildings of the Porto Verde Apartments shall be limited to a maximum height of the 42 -inches. 11. The stockpiling is approved at the vacant parcel owned by the Porto Verde Apartments on the west side of Nantasket Drive The stockpiled material shall be utilized for the landscape and planter boxes proposed throughout the Porto Verde Apartments Further, the stockpiling shall be limited for a maximum 6 -month time period 12. The site of the temporary stockpiling shall be returned to pre -stockpiling conditions prior to the issuance of any Building and Safety final permit approval for the retaining walls. Site Plan Review. 13. Approval of Site Plan Review No 8697 is for a new tennis court with planter boxes and a transparent (lexan) glass along the perimeter of the court, planter boxes constructed along the edge of the entire structure, and seating/lounge areas are approved throughout the top-level of the existing parking structure to the east of the Gardens at the Porto Verde Apartments. 14. The planter boxes shall be a maximum height of 3 -feet as measured from adjacent grade of the top level of the parking structure to top of walls. 15. The transparent (lexan) glass located over the 3 -foot high planter boxes along the perimeter of the new tennis court and providing an enclosure of the tennis court, shall be limited to a maximum height of 6 -feet as measured from top of the planter box to the top of glass. The maximum overall height of the combination planter box and transparent glass shall be limited to 9 -feet, as measured from adjacent grade of the top level of the parking structure to the top of the transparent glass 16. No outdoor lighting shall be installed for the tennis court, seating areas, or other areas on the top level of the parking structure. 17. All proposed landscape and planting materials shall be reviewed and approved by the Planning Department prior to installation of said landscaping. 18 The maximum height of the 35 -foot long retaining wall within the intersection visibility triangle shall be limited to a maximum height of 42 -inches, as measured from lowest adjacent grade to top of wall. Exhibit "A" P.C. Resolution No. 99 - 35 Page 2 a. , a • 19. All stockpiled earth material shall be utilized as fill for the landscape and planter areas of the Porto Verde Apartment site. Any unutilized earth material shall be exported in a manner consistent with the standards established by the Building and Safety Division 20. Public Works permits shall be required for all work conducted in the public alley way to the south of the Towers. General Conditions: 21 No improvements to the alleyways and no enclosure of the existing carports shall be allowed until vacation of the public right-of-way in the alleyways is approved by the City Council. Further, if the vacation is approved, the Porto Verde Apartments must have ownership of, or hold vehicular easement rights to, the entire 30 -foot wide east -west running alleyway. If said vacation is not approved then no improvements in the alleyway or any enclosure of the carports shall be allowed, and all unpermitted improvements shall be removed within 30 days after denial of the vacation request 22. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 23. The hours of construction shall be limited to 7 00 a m to 7:00 p m., Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays. 24 The construction site 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 is not 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. 25. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. Exhibit "A" P.C. Resolution No. 99 - 35 Page 3