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PC RES 2017-004 P.C. RESOLUTION NO. 2017-04 A RESOLUTION OF THE PLANNING COMMISSION THEREBY APPROVING A NEW SWIMMING POOL AND SPA WITH ASSOCIATED EQUIPMENT, A 3' TALL RETAINING WALL (136' IN LENGTH), AND 19YD3 OF ASSOCIATED GRADING (CUT) IN THE REAR YARD (OUTSIDE THE BUILDING/GRADING RESTRICTION LINE) OF THE PROPERTY LOCATED AT 5933 OCEAN TERRACE DRIVE (CASE NO. ZON2017-00033). WHEREAS, on April 5, 1977, the City Council adopted Resolution No. 77-22, thereby approving Tract Map No. 31617 and establishing a Building/Grading Restriction (BGR) line in the rear yards of seventy-three (73) of the eighty (80) single-family residential lots; and, WHEREAS, the Building/Grading Restriction ("BGR") line was established to control development within the BGR line (the area between the front property line and the BGR line) and to limit development outside the BGR line (the area between the BGR line and the rear property line). The purpose of the BGR line was intended to mitigate any visual impact of the proposed development, articulate the view of the development as seen from the properties lower in elevation, and prevent grading and construction from encroaching into the slope and the trail easement located outside the BGR line which is at the rear of the newly created lots; and, WHEREAS, on September 21, 1993, the City Council adopted Resolution No. 93-86, thereby approving Amendment No. 1 to Tract Map No. 31617 to revise Condition No. 4.d of Resolution No. 77-22 to allow and establish requirements for at-grade uses outside the BGR line of all such affected lots in the tract; and, WHEREAS, on August 2, 2005, the City Council adopted Resolution No. 2005-83, thereby approving Case No. ZON2004-00409, for Amendment No. 2 to Tract 31617, allowing Lot 20 to have two balcony support columns that measure greater than 30-inches in height to encroach beyond the BGR Line, and grading on a slope greater than 10- percent, and a revision to Height Variation No. 884 to approve the new location of the two-story residence and require the removal of a portion of the second story balcony to ensure compliance with the tract setback requirement; and, WHEREAS, on August 8, 2006, the Planning Commission adopted P.C. Resolution No. 2006-39, thereby affirming a determination by the Community Development Director that clarified the allowable limits of grading permitted within and outside of the BGR line pursuant to Section 5 and Condition No. 2 of Resolution No. 93-86 for such affected lots in Tract Map No. 31617; and, WHEREAS, on May 15, 2007, the City Council adopted Resolution No. 2007-56, thereby approving Amendment No. 3 to Tract Map No. 31617 (Case No. SUB2006-00020) to permit a wider range of minor accessory structures outside the Building/Grading Restriction (BGR) line on Lots 42 through 46, inclusive; and, WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-20, thereby approving Case No. SUB2010-00003, for Amendment No. 4 to Tract 31617, removing the 15-foot by 150-foot trail easement segment along the southern property line and replacing it with a restricted use easement that allows limited improvements in the restricted use area; allowing construction of an attached trellis on the first floor, along the rear of the residence with a 5-foot P.C. Resolution No. 2017-04 Page 1 of 6 setback from the new restricted use area easement (i.e., 20-feet from the rear southern property line), for property located at 6270 Ocean Terrace Drive (Lot 20/Tract 31617); and, WHEREAS, on May 6, 2016, the Community Development Director approved an application for a Site Plan Review and Grading Permit to develop the vacant property located at 5933 Ocean Terrace Drive with a new one-story, 5,812ft2 residence (5,002ft2 dwelling and 810ft2 attached garage) with 318yd3 of remedial grading (Case No. ZON2015-00436); and, WHEREAS, pursuant to the Tract conditions, the applicant submitted a Site Plan Review application package on January 18, 2017, requesting to construct a new swimming pool and spa with associated equipment, a 3'tall retaining wall (136' in length), and 19yd3 of associated grading (cut) in the rear yard; and, WHEREAS, Staff reviewed the application and the subsequent submittal of additional information and deemed the project complete on January 23, 2017; and, WHEREAS, on January 26, 2017, a public notice was published in the Palos Verdes Peninsula News, and mailed out to all property owners located within 500' radius of the subject site 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 Planning Commission found no evidence that Case No. ZON2017-00033 will have a significant effect on the environment and, therefore, the proposed project has been found to be Categorically Exempt under Class 3 and Class 4 (Section Nos. 15303 & 15304); and, WHEREAS, on February 14, 2017, 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 proposed project involves the construction of a new swimming pool and spa with associated equipment; a 3' tall retaining wall (136' in length) with up to 2' of earth retention; three waterfall features within the swimming pool and one waterfall feature within the spa; and 19yd3 of associated grading (cut). Section 2: The Commission finds that a Site Plan Review is warranted because the proposed improvements meet all applicable sections of the Rancho Palos Verdes Development Code, including but not limited to setbacks, height, and lot coverage. Additionally, the proposed improvements meet all required Tract 31617 Conditions of Approval per Resolution Nos. 2007- 56 and 93-86, including, but not limited to, no excavation or construction on an existing slope greater than 10% in steepness, submittal of a topographic survey and a Site Plan Review application for accessory structures proposed outside the BGR line, grading limited to excavation only for pools and/or in-ground spas with no associated retaining walls, unless it's a retaining wall not exceeding three feet in height, that is approved by the Planning Commission. P.C. Resolution No. 2017-04 Page 2 of 6 Section 3: The Commission finds that the proposed improvements comply with all applicable requirements of the Urban Appearance Overlay Control District (OC-3) as the proposed improvements will not impact any major views, vistas or viewsheds. More specifically, the proposed project will not be visible from Crest Road, the closest public right-of-way, which is designated as a "path and trail corridor" in the City's General Plan as it is screened by homes located within the Sea Breeze neighborhood. In addition, because the proposed improvements will not exceed 6' in height as measured from finished grade, they would not cause any significant view impairment of the ocean view from any surrounding properties, as well as because the subject property is located at the same elevation or higher than the adjacent properties. Additionally, the subject property is not located within the City's Coastal Zone, and any potential ocean views for the properties located north of the subject property, in addition to any potential views from the adjacent Crooked Patch Trail, are already blocked by the existing homes on the south-west side of Ocean Terrace. Section 4: 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, March 1, 2017. 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 March 1, 2017. Section 5: 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 adopts P.C. Resolution No. 2017 , thereby conditionally approving a Site Plan Review application that allows the construction of a new swimming pool and spa with associated equipment, a 3' tall retaining wall (136' in length), and 19yd3 of associated grading (cut) in the rear yard of the property located at 5933 Ocean Terrace Drive (Case No. ZON2017-00033). PASSED, APPROVED AND ADOPTED this 14th day of February 2017, by the following vote: AYES: Commissioners Bradley, Emenhiser, James, Nelson, Vice Chairman Cruikshank and Chairman Tomblin NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Leon41176.74111110 David L. Tomblin • Chairman Ara Mihrania , • Community Development Director Secretary to the Planning Commission P.C. Resolution No. 2017- Page 3 of 6 P.C. RESOLUTION NO. 2017-04 EXHIBIT "A" CONDITIONS OF APPROVAL CASE NO. ZON2017-00033 (5933 OCEAN TERRACE DRIVE) 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-2/RPD residential development standards, Tract 31617 Conditions of Approval, and the OC-3 Overlay Control District Performance Criteria of the City's Municipal Code. 7. 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 or administrative citations as described in P.C. Resolution No. 2017-04 Page 4 of 6 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. 15. All grading, landscaping and construction activities shall exercise effective dust control P.C. Resolution No. 2017-04 Page 5 of 6 techniques, either through screening and/or watering. 16. 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. PROJECT SPECIFIC CONDITIONS: 17. This approval shall allow for the following improvements in the rear yard: • A new swimming pool and spa with associated equipment; • A 3' tall retaining wall (136' in length) with up to 2' of earth retention; • Three waterfall features within the swimming pool and one waterfall feature within the spa; and, • 19yd3 of associated grading (cut). 18. The approved swimming pool, spa and pool equipment shall maintain setbacks of 20' front, 20' rear, and 4' sides. 19. The proposed pool, spa, and pool equipment shall not exceed 6' in height within the 10' side yard setbacks, as measured from the finished grade. 20. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 39.9% lot coverage. 21. The pool equipment shall not exceed 65 dBA at the closest property line. 22. The wrought iron fencing at the rear of the property and the solid 6' tall block wall which runs along the north-east side property line shall not extend into the trail easement which runs along the rear 15' of the property. 23. No landscaping or improvement shall occur within the existing trail easement. 24. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. Said construction fencing shall not block or impede the public's access of the 15' wide existing trail easement located at the rear of the property. Additionally, no storage of materials shall be allowed on the adjacent vacant property identified as APN 7581-022-252 without the written permission of that property owner, or within the existing trail easement. P.C. Resolution No. 2017-04 Page 6 of 6