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PC RES 2017-029 P.C. RESOLUTION NO. 2017-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A REVISION TO CONDITIONAL USE PERMIT NO. 23 AND GRADING PERMIT THEREBY MODIFYING THE 2015 COMMISSION-APPROVED SINGLE-FAMILY RESIDENCE WITH ANCILLARY SITE IMPROVEMENTS, AND APPROVING A FENCE/WALL PERMIT TO ALLOW THE CONSTRUCTION OF A NEW SIDE YARD FENCE AT 2947 VISTA DEL MAR (ZON2017-00032) 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, which was then recorded on January 4, 1980; 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 September 22, 2015, the Planning Commission adopted P.C. Resolution No. 2015-17; conditionally approving a revision to Conditional Use Permit (CUP) No. 23 and Grading Permit to construct a new split-story residence and ancillary improvements with 1,782yd3 of associated grading on a vacant lot located at 2947 Vista Del Mar; and, WHEREAS, on January 18, 2017, applications for a revision to CUP No. 23 and Grading Permit were submitted to modify the previously approved project; and, WHEREAS, on March 28, 2017, an application and fee for a new Fence/Wall Permit was submitted for a proposed 5' tall side yard fence; and, WHEREAS, after various resubmittals and reviews by Staff, the project was deemed complete on August 3, 2017; and, WHEREAS, On August 17, 2017, a public notice was published in the Peninsula News and mailed to all property owners located within 500' radius of the site. Staff received two emails and met with two residents in response to the public notice; 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. ZON2017-00032 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, WHEREAS, on September 12, 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. P.C. Resolution No. 2017-29 Page 1 of 11 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 to revise Conditional Use Permit No. 23 and a Grading Permit, modifying the 2015 Commission-approved single-family residence and ancillary site improvements, and to approve a Fence/Wall Permit to allow the construction of a new side yard fence. The revisions to the Commission-approved project are as follows: a. Modify the structure footprint. b. Increase the overall structure size by 479ft2 by adding: a. 253ft2 to the basement, b. 155ft2 to the second floor, and c. 81ft2to the garage. c. Increase the grading quantity by 483yd3. d. Increase the height of retaining walls by a maximum of 2'. e. Construct a new 7.5' tall retaining wall around the rear perimeter of the structure. f. Install an on-grade stairway in the front yard to provide access from the street to the driveway courtyard. g. Install a 5' tall fence along the south-east side property line. Section 2: The Conditional Use Permit Revision allows the construction of a new 6,839ft2 split-story residence (2,586ft2 first floor, 2,279ft2 second floor and a 729ft2 basement) including the following: a. An attached 1,245ft2 four-car garage b. A swimming pool with associated pool equipment at the west corner of the residence c. Two air-conditioning units at the north-east corner of the residence d. Five balconies at the west side of the residence e. An attached 1,281ft2 patio cover f. On-grade staircase adjacent to the driveway The Planning Commission finds that the approval of a Conditional Use Permit (CUP) Revision is warranted because: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. More specifically, pursuant to CUP 23, this lot was originally approved for a 3,163ft2 multi-level single-family residence resulting in 10.4% lot coverage, and then in 2015, the Planning Commission approved a 6,360ft2 residence and garage with 34% lot coverage. While the maximum allowed lot coverage for an upslope lot is 25% under CUP 23 and Seacliff Hills Development Guidelines, deviations have been granted to four of the seven existing neighboring properties (with another currently under construction), allowing lot coverage to be exceeded by 4%to 13%. Lot coverage accounts for any area altered and not returned to its existing condition. The revised project proposes the same amount of lot coverage as the 2015 Commission-approved project and meets or exceeds the required setbacks. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the use. More specifically, the property is served by an existing public street (Vista Del Mar) that serves all eleven lots and connects to Palos P.C. Resolution No. 2017-29 Page 2 of 11 Verdes Drive East. The proposed project will not alter the nature of traffic generated by the lot as compared to the originally-approved residence. C. In approving the use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. More specifically, the property is located adjacent to developed and vacant residentially-zoned properties as well as a developed institutionally-zoned property. The property was created with the expectation that it would be developed with a single-family residence and driveway. Further, the footprint for the revised project is located lower on the slope and will minimize view impacts to the neighboring properties. Because of this and because the adjacent properties are developed or will likely be developed with similar residences, there will be no significant adverse impact on adjacent property. D. The proposed use is not contrary to the General Plan. More specifically, the General Plan Land Use designation for the property is Residential, <1 du/acre. The development and improvement of single-family residences are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (p. 78), which calls upon the City to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." E. The proposed use complies with all applicable requirements of the overlay control districts. More specifically, the property and all other properties on Vista Del Mar are subject to the Natural (OC-1) and Urban Appearance (OC-3) overlay control districts. The project will not propose any activities that are contrary to the provisions of the OC-1 District. Additionally, all proposed improvements will be tucked into the existing slope, with a height of 7.97' at the back of the structure and 29.97' at the front (street facing) facade. Also, Staff visited the property at 2903 Vista Del Mar during the processing the Commission- Approved residence and observed that there was no significant view impairment of the ocean view. As the revised project is located a bit further down the slope, the structure will be lower in the view and therefore be even less likely to obstruct a view. As such, no major views, vistas or viewsheds identified in the General Plan would be impacted by the proposed project. Therefore, as conditioned, the project will also be consistent with 0C- 3 District. F. Conditions regarding any of the requirements listed above which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed in the attached Exhibit A. Section 3: The Major Grading Permit Revision allows 2,265yd3 of grading on a vacant lot for a new house and pool/deck area consisting of: a. 1,463yd3 of cut for the residence b. 445yd3 of cut for the driveway c. 24yd3 of cut and 42yd3 of fill for an infinity-edge swimming pool and patio area in the front yard d. 291 yd3 of grading for the fire-department required walkway around the structure e. Retaining walls up to 7.5' in height The Planning Commission finds that the approval of a Grading Permit Revision is warranted because: P.C. Resolution No. 2017-29 Page 3 of 11 A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the lot is residential as identified in the City's General Plan and Zoning map. The proposed grading is to accommodate the development of a new single- family residence, deck and vehicle access. More specifically, the grading will allow for the proposed development to be built into the ascending hillside that steps with the topography of the parcel. 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. The proposed grading is for a new residence within the City's permitted height requirements of 16'/30' for upslope lots. Additionally, the new residence and garage will be tucked into the existing slope, thereby, lowering the building footprint. Also, Staff previously visited the property at 2903 Vista Del Mar and observed that there is no significant view impairment of the ocean view. Also, the primary view of the property at 2923 Vista Del Mar faces south-west, while the proposed structure at 2947 Vista Del Mar is located to the north-west. As a result, the proposed project will not significantly affect views from neighboring properties. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing "natural" contours of the project site are largely the result of past grading for the development of the Seacliff Hills neighborhood and the construction of the existing street by the developer. The grading area has been minimized, limited to the building footprint, Fire Department-required access walkway, deck/swimming pool, and driveway, which will result in very little, if any permanent disturbance to the natural contours outside the structure, walkway, deck and driveway footprint. 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. The existing "natural" contours of the project site are largely the result of tract grading in the past. There are no significant natural topographic features that would be disturbed by the proposed grading. E. The grading and/or related construction is compatible with the immediate neighborhood character. More specifically, the immediate neighborhood is comprised of 2- and 3-story split-level residences, ranging in size from 5,286ft2 to 7,875ft2, with an average structure size of 6,995ft2. The proposed 6,839ft2, split-level residence (including the garage)will be tucked into the ascending slope and is within the by-right height envelope of 16'/30' for an upslope lot. Also, the proposed façades incorporate a variety of elements that enhance the general articulation of the facades and further reduce their apparent bulk and mass. Furthermore, since the existing neighborhood comprises homes exhibiting a wide range of contemporary architectural styles and exterior finishes, with no single predominant style, any architectural style would blend in with the neighborhood and would not appear out of character. Therefore, the proposed style of the residence contributes positively to the diversity of styles in the immediate neighborhood. Moreover, the proposed setbacks and open space are consistent with the existing pattern of development in the neighborhood. F. The grading is not for the creation of a new residential tract, as this tract was established in 1980. P.C. Resolution No. 2017-29 Page 4 of 11 G. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside because no modifications are proposed to streets or other public infrastructure. H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there are none on the property. I. The grading conforms to grading standards related to maximum finished slopes and driveways. More specifically, the existing hillside is a result of the original tract grading and to place improvements within the slope to lower the finished grade elevation helps minimize any potential for view impairment from the viewing areas of other properties on Vista Del Mar. Furthermore, similar deviations were granted for neighboring properties with similar topographical configurations for the development of their sites. J. Deviations to the code allowing grading in restricted areas are warranted as they are necessary to accommodate the proposed residential development, similar to what was allowed for the development of neighboring topographically comparable properties. If the project did not consist of grading on slopes greater than 50%, the proposed improvements would be set higher on the property, which would make it readily visible and have a greater potential to significantly impair views. Section 4: The Planning Commission finds that the approval of a Fence/Wall Permit is warranted because: A. After visiting the upslope property under construction at 2935 Vista Del Mar, it was determined that the proposed 5'tall fence located along the easterly property line will not impair the views of any adjacent properties. Furthermore, the only foliage which may impair a view is a tree located within the footprint of the proposed residence and the tree is conditioned to be removed during construction. Section 5: 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, September 27, 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 September 27, 2017. Section 6: 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 adopts P.C. Resolution No. 2017-29; approving a Revision to Conditional Use Permit No. 23 and Grading Permit thereby modifying the 2015 Commission-approved single-family residence and ancillary site improvements, and approving a Fence/Wall Permit to allow the construction of a new side yard fence at 2947 Vista Del Mar (Case No. ZON2017-00032) P.C. Resolution No. 2017-29 Page 5 of 11 PASSED, APPROVED AND ADOPTED this 12th day of September 2017, by the following vote: AYES: Commissioners Bradley, Nelson, Tomblin, Vice Chairman James, and Chairman Cruikshank NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Leon V I � John uikshank Chair n 41111r.1111011 * Ara Mihranian �' Director of Community Development P.C. Resolution No. 2017-29 Page 6 of 11 Exhibit "A" Conditions of Approval Conditional Use Permit No. 23 Revision, Grading Permit and Fence/Wall Permit Case No. ZON2017-00032 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. Pursuant to Section 17.78.040, the Director of Community Development 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 be considered a revision and require approval 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 revoke the approval of the project pursuant to the revocation procedures contained in P.C. Resolution No. 2017-29 Page 7 of 11 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. 2017-29 Page 8 of 11 15. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 16. 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. 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 shall allow for construction and/or installation of the following: a) A new 6,839ft2 split-story residence (2,586ft2 first floor, 2,279ft2 second floor and a 729ft2 basement) b) An attached 1,245ft2 four-car garage c) A swimming pool with associated pool equipment at the west corner of the residence d) Two air-conditioning units at the north-east corner of the residence e) Five balconies at the west side of the residence f) An attached 1,281ft2 patio cover g) An on-grade stairway in the front yard to provide access from the street to the driveway courtyard. h) Install a 5' tall fence along the south-east side property line. 21. BUILDING AREA CERTIFICATION IS REQUIRED to be provided by a licensed land surveyor or civil engineer prior to building permit final. 22. The approved grading is for 2,265yd3 of grading (2,223yd3 cut and 42yd3 fill)with retaining walls measuring up to 7.5' in height. 23. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED PRIOR TO BUILDING P.C. Resolution No. 2017-29 Page 9 of 11 PERMIT FINAL. 24. The approved retaining walls shall include the following: a. Retaining walls along both sides of the proposed driveway follow the existing grade, while ranging in height up to 6' maximum, as measured from the driveway slab. b. The outer side of the retaining wall in front of the patio/yard area shall be a maximum of 4.6'. c. The retaining walls/planters along the front of the residence shall not exceed 6.5' in height d. A retaining wall which wraps around the sides and rear of the residence for Los Angeles County Fire Department access, ranging in height up to 7.5'. 25. Unless modified by the approval of future planning applications, the approved residence shall maintain the following setbacks: Front yard setback—25' average/20' minimum Interior side yard setbacks— 10' minimum per side/25' minimal total of both sides Rear yard setback—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. 26. The maximum height of the residence is proposed to be 7.97' tall, as measured from highest point of existing grade (845') covered by the structure to the highest proposed ridgeline (852.97'), and an overall height of 29.97' as measured from the lowest finished grade (823') adjacent to the structure to the highest proposed ridgeline (852.97'). BUILDING HEIGHT CERTIFICATION IS REQUIRED to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 27. The color of the material used for the flat portion of the roof shall match the color of the sloping portion of the roof as shown on the approved plans. 28. 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. 29. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 34% lot coverage. 30. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 31. A landscaping plan shall be submitted for review and approval by the Community Development Director prior to Building Permit issuance. The landscaping plan shall P.C. Resolution No. 2017-29 Page 10 of 11 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. 32. Haul routes to transport soil shall be approved by the Public Works Division prior to issuance of any Grading or Building permit. 33. 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%. 34. An 18" minimum wide landscaped area between the side property line and the driveway shall be maintained. 35. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. 36. 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. 37. 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. 38. Approval of NPDES and Geotechnical review is required PRIOR TO ISSUANCE OF A GRADING OR BUILDING PERMIT from the Building & Safety Division. 39. The silhouette frames shall be removed within seven (7) days of the end of the Planning Commission appeal period. 40. Temporary construction fencing shall be installed prior to commencing construction as described in Section 17.56.020(c) of the City's Development Code. 41. PRIOR TO ISSUANCE OF A GRADING AND/OR BUILDING PERMIT, the tree located along the easterly side property line shall be removed. P.C. Resolution No. 2017-29 Page 11 of 11