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PC RES 2016-013 P.C. RESOLUTION NO. 2016-13 A RESOLUTION OF THE PLANNING COMMISSION THEREBY AMENDING CONDITION NOS. 24 AND 28 OF P.C. RESOLUTION NO. 2016-1 TO ALLOW AN INCREASE OF 1.1% TO THE MAXIMUM LOT COVERAGE REQUIREMENT TO ACCOMMODATE A BUILDING & SAFETY REQUIRED REVISION TO THE ON-SITE DRAINAGE (ZON2016-00456-REVISION TO CONDITIONAL USE PERMIT NO. 23). WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use Permit No. 23, establishing a residential planned development (RPD) comprising of Tract Nos. 32574, 32991 and 34834; and, WHEREAS, on September 9, 1986, the Planning Commission adopted the Seacliff Hills Development Guidelines in recognition of the need for greater sensitivity and design flexibility in the construction of these custom homes. The Guidelines were supplemented on August 23, 1989; and, WHEREAS, on May 7, 2013, an application for a CUP revision and grading permit was submitted to improve vacant property located at 2935 Vista Del Mar; and, WHEREAS, after various resubmittals and reviews by Staff, the property was sold in June 2015; and, WHEREAS, on July 23, 2015, a new application for a CUP revision and grading permit was submitted for the vacant property located at 2935 Vista Del Mar; and, WHEREAS, on October 20, 2015, an application was submitted for a Minor Exception Permit to allow a 6' fence and gate (80% open to light and air) within the front setback; and, WHEREAS, after various resubmittals and reviews by Staff, the project was deemed complete on November 16, 2015; and, WHEREAS, a public notice was published on November 19, 2015, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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 December 8, 2015, at which time all interested parties were given an opportunity to be heard and present evidence. After hearing a report from Staff, as well as from the applicant and his architect, and members of the public, the Planning Commission closed the public hearing and voted 6-0 (Vice Chairman Tomblin was excused absent) for a resolution to approve the project with the following modifications: 1) moving the house 10' to the north-west, 2) adding conditions requiring that the windows on the house be tinted to reduce glare reflection onto other properties, installing timers and light bulb shields to each exterior light fixture visible from neighboring properties; and 3) that a reflectivity study be completed prior to building permit issuance to demonstrate that there is no glare from the windows which will adversely impact the street and/or driveways of neighboring properties. The Planning Commission directed Staff to bring back a revised resolution memorializing the conditional approval of the project on the consent calendar at its January 12, 2016 Planning Commission meeting; and, P.C. Resolution No. 2016-13 Page 1 of 9 WHEREAS, the item was approved at the January 12, 2016 Planning Commission meeting by a 7-0 vote; and, WHEREAS, on March 18, 2016, the applicant initiated the plan check process with the City's Building and Safety Division and as a result, the City's Engineer, required the upslope drainage swale located along the rear of the proposed residence to be setback a minimum of 2.5' from the structure and that the area between the structure and drainage swale be regraded (fill) by approximately 10yd3 so that onsite water runoff will drain away from the structure towards the drainage swale; and, WHEREAS, the Planning Commission finds that all previous adopted findings made and discussed in P.C. Resolution No. 2016-1 can still be made because the proposed revision to accommodate a change to the drainage swale at the rear of the residence will not alter the previously approved building footprint; 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 Planning Commission found no evidence that Case No. ZON2016-00456 will have a significant effect on the environment and, therefore, the proposed project has been found to be Categorically Exempt under Class 3 (Section 15303); and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The proposed project is a request for the following revisions to Condition Nos. 24 and 28 of Planning Commission Resolution No. 2016-1: 1. An increase of 1.1% to the maximum allowed lot coverage as a result of grading associated with an upslope drainage swale located between 2.5' and 4' away from the rear façade of the proposed residence, consisting of 10yd3 to fill the area between the building and the drainage swale such that water runoff will drain away from the building. Lot coverage is calculated differently in the Seacliff Hilltop community than it is elsewhere in the City. In addition to the building footprint and driveway/parking areas, all other surface improvements are included as lot coverage, as are any unimproved areas that are disturbed by site grading but not restored to the pre- construction topography. As currently approved, the project exceeds the 25% maximum allowed lot coverage for upslope properties by 10.8%. This proposed change will increase the lot coverage as defined in the conditions of the Seacliff Hills Conditional Use Permit No. 23 by approximately 1.1%, to a total of 36.9%. The revised breakdown of the total 1,937yd3 of grading is as follows: a. 1,333yd3 of cut and 10yd3 of fill for the residence (fill for new drainage revision only) b. 233yd3 of cut and 73yd3 of fill for the driveway c. 168yd3 of cut and 120yd3 of fill for an infinity-edge swimming pool and patio area in the front yard d. 1,531 yd3 of the total grading will be exported off-site. P.C. Resolution No. 2016-13 Page 2 of 9 2. The Planning Commission finds that the proposed amendments to Condition Nos. 24 and 28 will not result in a substantial revision to the approvals granted under P.C. Resolution No. 2016-1 because the total amount of earth movement is not increasing, and that the changes are solely to address plan check corrections required by the Building & Safety Division for proper site drainage. Additionally, all previously- approved structures are to remain in their same locations and respective heights, and that the proposed increase to the maximum lot coverage requirement is warranted. Section 2: Any interested person aggrieved by this decision or any portion of this decision may appeal 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, November 9, 2016. A$2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed in a timely manner, the Planning Commission's decision will be final at 5:30 PM on November 9, 2016. Section 3: 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 conditionally approves the revision to P.C. Resolution No. 2016-1 to allow an increase of 1.1% in lot coverage to accommodate a Building & Safety required revision to the on-site drainage for property located at 2935 Vista Del Mar. PASSED, APPROVED AND ADOPTED this 25th day of October 2016, by the following vote: AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice Chairman Cruikshank, Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: None OJIP David L. Tomblin Chairman Ara Mihranian Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2016-13 Page 3 of 9 P.C. RESOLUTION NO. 2016-13 (REVISION TO P.C. RESOLUTION NO. 2016-1) EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. ZON2016-00456 (2935 VISTA DEL MAR) 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. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. 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. 4. 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. 5. 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. Substantial changes 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 and public notification. 6. The project development on the site shall conform to the Commission-approved plans and to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the RS-1 residential development standards and the OC-1/0C-3 overlay control district performance criteria of the City's Municipal Code and the Seacliff Hills Development guidelines. 7. Failure to comply with and adhere to all of these conditions of approval may be cause to P.C. Resolution No. 2016-13 Page 4 of 9 revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code or administrative citations as described in Section 1.16 of the City's Municipal Code. 8. 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. 9. 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. 10. 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. 11. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 12. 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. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on 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. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. P.C. Resolution No. 2016-13 Page 5 of 9 15. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 16. Temporary construction fencing shall be installed prior to commencing construction as described in Section 17.56.020(c) of the City's Development Code. 17. 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. 18. Prior to the issuance of building permits, the applicant shall demonstrate the project's compliance with the South Coast Air Quality Management District Rule 445 and the City Municipal Code requirements regarding wood-burning devices. 19. 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. PROJECT SPECIFIC CONDITIONS: 20. This approval is for construction of a new 7,710ft2 two-story residence with a below-grade basement and an attached three-car garage consisting of: a. 2,986ft2 first floor b. 2,768ft2 second floor c. 1,151ft2 basement d. 805ft2 attached garage e. 48ft2 trellis with a 13'-2" tall privacy wall f. 85.65ft2 trellis with a 14'-6" tall privacy wall BUILDING AREA CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO BUILDING PERMIT FINAL. 21. Unless modified by the approval of future planning applications, the approved residence shall maintain the following setbacks: Front yard setback—Greater than 25' (25' average /20' minimum required) Interior side yard setbacks— 18' south-east side / 10 feet north-west side (10' minimum per side / 25' minimum total of both sides required) Rear yard setback— Greater than 25' (25' average/20' minimum) BUILDING SETBACK CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION FORMS INSPECTION. 22. The maximum height of the residence shall be 9.5' tall, as measured from highest point of existing grade (877.5') covered by the structure to the highest proposed ridgeline (887'), and an overall height of 30' as measured from the lowest finished grade (857') adjacent to the structure to the highest proposed ridgeline (887'). BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF SHEATHING P.C. Resolution No. 2016-13 Page 6 of 9 INSPECTION. 23. A minimum 3-car garage shall be provided and maintained, and a minimum of three unenclosed parking spaces shall be provided and maintained. 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. 24. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 36.9% lot coverage. REVISED ON OCTOBER 25, 2016 PER P.C. RESOLUTION NO. 2016-13 25. Driveways shall be a minimum width of 20'. A paved 25' turning radius shall be provided between the garage or other parking area and the street of access. Driveways shall take into account the driveway standards required by the department of Public Works for driveway entrances located in the public right-of-way. Maximum slope of the driveway shall not exceed 20%. 26. 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. 27. Barring any appeals, the silhouette frame shall be removed within seven (7) days from the end of the Planning Commission's decision appeal period, or by Wednesday, February 3, 2016. SPECIFIC GRADING CONDITIONS 28. The approved grading is for 1,937yd3 of grading on a vacant lot for a new house and pool/patio area consisting of: a. 1,333yd3 of cut and 10yd3 of fill for the residence (fill for drainage only) b. 233yd3 of cut and 73yd3 of fill for the driveway c. 168yd3 of cut and 120yd3 of fill for an infinity-edge swimming pool and patio area in the front yard 1,531 yd3 of the total grading will be exported off-site. REVISED ON OCTOBER 25, 2016 PURSUANT TO P.C. RESOLUTION NO. 2016-13 ROUGH AND FINAL GRADE CERTIFICATION REQUIRED PRIOR TO BUILDING PERMIT FINAL. 29. The approved retaining walls include the following: a. Retaining walls along the upslope side of the proposed driveway and driveway turnaround shall be permitted up to 10.5' maximum, as measured from the new driveway grade to the top of the wall. b. The outer side of the retaining wall of the patio area, south-east of the pool shall be a maximum of 4.5' in height as measured from the lowest adjacent grade. P.C. Resolution No. 2016-13 Page 7 of 9 c. The retaining walls/planters along the front of the infinity edge pool shall not exceed 3.5 feet in height as measured from the adjacent grade or the planter grade (for the infinity edge trough) to the top of the wall. 30. Haul routes to transport soil shall be approved by the Public Works Division prior to issuance of any Grading or Building permit. 31. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. 32. Approval of NPDES and Geotechnical review is required PRIOR TO ISSUANCE OF A GRADING OR BUILDING PERMIT from the Building & Safety Division. SPECIFIC LANDSCAPE CONDITIONS 33. A landscaping plan shall be submitted for review and approval by the Community Development Director prior to Building Permit issuance. The landscaping plan shall indicate all landscaping for the purpose of: screening buildings from PVDS; softening architectural features; improving transition between open space and buildings; slope stabilization; and drought tolerant plantings. Said landscaping shall be planted prior to issuance of the Certificate of Occupancy. 34. An 18" minimum wide landscaped area between the side property line and the driveway shall be maintained. 35. No hardscape walkways shall be allowed around the perimeter of the house. 36. Maximum hardscape coverage within the front-yard setback area shall not exceed 50%. EXTERIOR LIGHTING CONDITIONS 37. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code and the Seacliff Hills Development Guidelines. 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. 38. All exterior lighting shall be shielded such that the bulb(s) in each fixture are not visible from any location off the property at 2935 Vista Del Mar. 39. All exterior lighting shall be on timers and shall be set to shut off automatically by 10:00 pm daily except for lighting used for security and safety purposes as deemed acceptable by the Director. WINDOW GLARE CONDITIONS 40. Prior to Building Permit issuance, all windows, including those which are located on the south-west (front) side of the structure shall be tinted light grey, with any coating to be low- contrast with no mirror/silver undertint. P.C. Resolution No. 2016-13 Page 8 of 9 41. Prior to Building Permit issuance, the specific glass type and color shall be submitted for review and approval by the Community Development Director prior to Building Permit issuance. 42. Prior to Building Permit issuance, a sun reflectivity study which demonstrates that no glare from any windows will affect the driveways of other properties on Vista Del Mar as well as the public right-of-way on Vista Del Mar, shall be completed and submitted to the Community Development Director for review and approval. P.C. Resolution No. 2016-13 Page 9 of 9