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CC RES 2018-010 RESOLUTION NO. 2018-10 A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION, APPROVING VESTING TENTATIVE PARCEL MAP NO. 72658, HEIGHT VARIATION PERMIT, GRADING PERMIT, AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF AN EXISTING RESIDENCE AND THE SUBDIVISION OF AN EXISTING LOT INTO TWO SEPARATE LOTS TO ACCOMMODATE THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON EACH LOT WITH ASSOCIATED GRADING LOCATED AT 27581 PALOS VERDES DRIVE EAST (CASE NOS. S U B2014-0003, ZO N 2014-00273 & ZO N 2016-00120). WHEREAS, on July 14, 2014, the Applicants, Nital and Nilay Patel ("Applicants") submitted an application for Vesting Tentative Parcel Map No. 72658, Variance, Height Variation, Grading, and Site Plan Review to subdivide an existing lot located at 27581 Palos Verdes Drive East (PVDE) into two separate lots in order to construct two new residences on each lot; and, WHEREAS, on August 8, 2014, based on preliminary review, Staff deemed the applications incomplete for processing. After subsequent submittals and reviews of additional information by Staff and the City Engineer, Staff deemed the project complete on May 25, 2016; and, WHEREAS, on June 30, 2016, the public notice of the draft Mitigated Negative Declaration, Vesting Tentative Parcel Map, Variance, Height Variation, and Grading Permit applications was sent to the property owners within 500' of the subject site and appropriate public agencies. Additionally, a public notice was published on the same day in the Palos Verdes Peninsula News; and WHEREAS, on August 9, 2016, 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 and at which time the Planning Commission directed the Applicants to redesign the proposed subdivision to comply with zoning requirements as it related to the minimum lot width requirement, thereby eliminating the need for a Variance, and to modify the design of the two new residences with respect to reducing the structure sizes, bulk and addressing privacy concerns. The Commission continued the public hearing to September 27, 2016; and, WHEREAS, on September 27, 2016, the Planning Commission continued the public hearing to a date uncertain, providing the Applicants additional time to redesign the project; and, WHEREAS, on November 28, 2018, the Planning Commission, after considering evidence introduced in the record on the revised project, adopted P.C. Resolution No. 2017-43, approving, with conditions, Vesting Parcel Map No. 72658, Height Variation Permit, Grading Permit, and Site Plan Review, allowing the demolition of an existing residence and subdividing a single lot into two separate lots to accommodate the development of a two-story residence with related site improvements and associated grading on each of the lots. The revised project did not require a Variance request, as was initially requested, since the Applicants redesigned the proposed subdivision to conform to the required RS-2 lot dimensions; and, WHEREAS, on December 13, 2017, a timely appeal was filed by Vince Vassallo, Robert Bennet, Scott Ramsey, Glenn Komae, Art Viewig, and Reg Lowell ("Appellants"), who are neighbors located to the north of the project site in the City of Rolling Hills Estates; and, WHEREAS, the appeal listed the following concerns with the Planning Commission's decision: 1) the concerns of Rolling Hills Estates residents were not considered in the assessment of the proposed project; 2) the sampling size used for the neighborhood compatibility analysis is inadequate and didn't cover the adjacent properties in the Rolling Hills Estates; 3) the proposed project is incompatible with the neighborhood with respect to structures size, bulk and mass, height, view impairment and privacy; 4) the proposed project will create privacy impacts upon properties at 2 and 4 Harbor Sight Drive in the City of Rolling Hills Estates, which will result in loss of value to Harbor Sight residences; 5) the proposed project grading may adversely impact geologic stability in the area; 6) siting the proposed project at the center of the site results in the two proposed residences being located closer together and, therefore, exaggerates the appearance of scale; 7) City Staff hand-picked photographs of three massive residential developments at its presentation to the Planning Commission to give the impression that such residential development was typical in the area; 8)the Planning Commission refused to look at late correspondence presented by an Appellants; and 9) the Planning Commission meeting on November 28, 2017 was not recorded and that no video, audio or written transcripts exist; and, WHEREAS, on January 18, 2018, a public notice was published in the Peninsula News and mailed to all property owners within a 500-foot radius of the subject property announcing the City Council meeting on the appeal; 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), determined that the proposed project is Categorically Exempt from the provisions of CEQA, under Article 19, Sections 15303(a) (Construction of Single- Resolution No. 2018-10 Page 2 of 13 Family Residence) and 15315 (Minor Alterations in Land Use Limitations) of the California Guidelines for Implementation of the CEQA; and, WHEREAS, on February 20, 2018, the City Council 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 CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The project involves the demolition of a two-story residence, subdivision of an existing lot into two separate lots measuring 20,649 square feet for Lot No. 1 and 23,029 square feet for Lot No. 2, and the construction of a residence on each lot. Lot No. 1 will be improved with a 5,927-square-foot two-story residence with associated improvements along with 1,528 cubic yards of grading and Lot No. 2 will be improved with a 5,311-square-foot two-story residence and related site improvements along with 1,766 cubic yards of grading. Section 2. The Vesting Tentative Parcel Map No. 72658 complies with the requirements set forth in the State's Subdivision Map Act, the Development Code and other applicable sections of the City's Municipal Code because: A. The proposed map is consistent with the City's General Plan. The parcel is located within the General Plan land use designation of"one to two dwelling units per acre" (1-2 d.u./acre). The minimum lot size required for the 1-2 d.u./acre designation is 20,000 square feet, and the proposed new lots will measure 20,649 square feet (Lot No. 1) and 23,029 in size (Lot No. 2). B. The design or improvement of the proposed subdivision is consistent with the General Plan designation of "one to two dwelling units per acre" (1-2 d.u./acre), which has a corresponding zoning designation of"two dwelling units per acre (RS- 2). The General Plan requires new lots to comply with the lot dimensions listed in the Development Code under the appropriate zoning district. The proposed lots comply with the minimum required 20,000 square foot lot size, a minimum lot width 90', and a minimum lot depth of 120' for the RS-2 zoning district. Lot No. 1 will measure 20,649 square feet in size with a width of 181' and a depth of 120' and Lot No. 2 will measure 23,029 square feet in size with a width of 168' and a depth of 137'. C. The site is physically suitable for the proposed type and density of the development. The proposed lots will have a contiguous lot area that exceeds the minimum required 6,600 square feet in the RS-2 zoning district, which is suitable to accommodate a single-family residence on each lot that complies with the Resolution No. 2018-10 Page 3 of 13 standards set forth in the RS-2 zoning district, as it pertains to structure size, lot coverage and setbacks. Both lots will have ingress and egress from PVDE, with an easement over the driveway on Lot 1 that benefits Lot 2 for ingress and egress, fire access, and utilities. Existing utilities are available for connection in the public street right-of-way on Palos Verdes Drive East. Prior to issuance of any permits, the Applicants will be required to obtain approval from the City of Rolling Hills Estates for the requested driveway and associated grading, as the property has driveway access from Palos Verdes Drive East in the City of Rolling Hills Estates. D. The proposed subdivision and associated improvements will not cause substantial environmental damage or harm wild life or their habitat. The subdivision will create two lots, which will allow for the construction of two new residential structures in an established residential neighborhood. According to the General Plan's Biotic Species Map, the subject property is not located near a blue line stream or any wildlife. According to the City's Natural Communities Conservation Plan (NCCP), no Coastal Sage Scrub habitat or sensitive species have been identified on the property and/or any nearby properties. E. The design of the subdivision or type of improvements will not cause serious public health problems. The proposed residential structures will be required to comply with the City's Development Code standards and require approval by the Building & Safety Division to ensure compliance with the California Building Code. The City's Geotechnical Consultant has reviewed and provided an "in-concept" approval of the geotechnical reports that were prepared for the proposed parcel map. A more detailed site and project-specific geotechnical report will be required for approval by the City's Geotechnical Consultant and any drainage concerns shall be addressed prior to any permit issuance. The existing parcel is directly adjacent to a public street (Palos Verdes Drive East) that will permit connection to existing water lines that are serviced by the California Water Service that currently serves the existing surrounding residential development. The new lots will be required to connect to existing sewer lines, the location and design of which will require a review by the Rolling Hills Estates because these utilities are located in their jurisdiction. F. The design of the subdivision or the type of improvements will not be in conflict with the easements, acquired by the public at large, for access through or use of, property within the proposed subdivision since there are no existing or proposed public easements on the subject lot. Section 3. A Height Variation is warranted for the construction of a new 26' tall, 5,927-square-foot two-story residence (basement and attached garage included) on Lot No. 1 and a new 24' tall, 5,311-square-foot (garage and basement included) two-story residence on Lot No. 2 because: Resolution No. 2018-10 Page 4 of 13 A. The Applicants have complied with the early neighborhood consultation process guidelines and procedures established by the City Council by obtaining signatures from 70% of the landowners within 100 feet and 25% of the total number of landowners within 500 feet radius (including those within 100 feet). B. The City's General Plan, adopted June 26, 1975, identifies viewing points (turnouts along vehicular corridors for the purposes of viewing) and viewing sites (public site areas, which due to their physical locations on the Peninsula, provide a significant viewing vantage) within the City. Due to the location of the property and the topography in the immediate area, the proposed structures are not visible from a public viewing area or viewing site, as defined by the General Plan. Additionally, the subject property is not located within the City's Coastal Specific Plan, and there are no public trails that traverse the property. C. The proposed structures are not located on a ridge or promontory. The proposed residence would be located on an existing building pad, which is not on a prominent mass of land that overlooks or projects onto a lowland or body of water on two sides. D. The proposed new structures that are above sixteen feet in height, as defined in Section 17.02.040(B) of the Development Code, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. Views of the ocean, harbor and city lights are observed by the adjacent properties in a west and south direction. Given that the building pads of the properties to the west of the subject property are elevated approximately 55'- 0" to 60'-0" higher than the subject property and the properties to the south of the subject property are elevated approximately 25'-0"to 30'-0" higher than the subject property, the westerly and southerly neighbors will continue to have a view over the proposed residences without any adverse impact caused by the proposed project. The project site abuts residential properties along Harbor Sight Drive in the City of Rolling Hills Estates, which expressed view concerns with the Applicants' initial submittal. The City of Rancho Palos Verdes has a View Ordinance, which protects views of properties within the City of Rancho Palos Verdes, but does not apply to residences outside of the City. E. There is no significant cumulative view impairment caused by granting the application. Cumulative view impairment shall be determined by considering: (a) the amount of view impairment caused by the proposed new structures that are above sixteen feet in height or addition to a structure that is above sixteen feet in height; and (b)the amount of view impairment caused by the construction on other parcels of similar new structures or additions that exceed sixteen feet in height. There will be no view impairment to the neighboring properties caused by the proposed project due to the property's building pad elevation and the direction of Resolution No. 2018-10 Page 5 of 13 view. Similar construction at 27591 Palos Verdes Drive East, 27601 Palos Verdes Drive East and 27649 Palos Verdes Drive East would not result in a significant cumulative view impairment because of the sloping topography of the neighborhood. These properties are located on building pads that are approximately 25'-0" to 40'-0" lower in elevation than the properties located to the west, which would have viewing areas above the roofline heights of the two proposed residences. Furthermore, the property immediately adjacent to the subject property (27591 Palos Verdes Drive East) is already developed with a two- story residence. F. The two revised residences comply with all other Code requirements, including, but not limited to the minimum required setbacks, parking, and maximum allowed lot coverage in the RS-2 zoning district. G. The proposed structures are compatible with the immediate neighborhood character in terms of the scale of surrounding residences, architectural style, setbacks, bulk and mass, number of stories and open space between buildings. Specifically, the proposed project complies with the maximum lot coverage in the RS-2 zoning district (40%), as Lot No. 1 and Lot No. 2 propose a lot coverage of 33% and 21%, respectively. Many of the residential properties in the immediate neighborhood are at or near the same lot coverage as being proposed on Lot Nos. 1 and 2. Although the size of the proposed residences will be larger than the average in the immediate neighborhood, the two proposed residences are not the largest homes in the neighborhood (9,025 square feet). Given that the basement areas are below grade, the structure size of the residences on Lot Nos. 1 and Lot 2 that will in effect be visible, will be 4,490 square feet and 4,493 square feet, respectively. In terms of architectural style and materials, the proposed design of the residential structures use elements found in various architectural styles like Spanish Colonial, Monterey and Mediterranean/Italian Renaissance. The residences within the immediate neighborhood vary in architectural style, borrowing elements commonly found in Spanish Colonial, Monterey, Mediterranean/Italian Renaissance and California Ranch. The roof designs include gable, hip, shed and flat that use materials such as composition shingle and ceramic tile. The roof pitches and overhangs also vary in size. The exterior finishes of the neighboring properties are either stucco or wood siding and includes natural rock and brick accents. With regards to open space between structures, an aerial review of the closest 20 homes, indicates that the open space between structures varies from property to property, as a result of asymmetrical lot conditions in the area and the construction of customized homes, and the proposed project does not create an anomaly in terms of open space between structures. In terms of number of stories in the area, there are existing two story residences in the area, so the two new two-story residences are not introducing a new element to the neighborhood. Lastly, with respect to the project's bulk and mass, the project has Resolution No. 2018-10 Page 6 of 13 been redesigned to eliminate an "compound appearance" of the project by providing increased setbacks between the two residences In addition, the design of the two residences provide architectural features and projections that reduce the overall bulk and mass. As part of the resubmittal, the project has been modified so that the proposed residence on Lot No. 2 is sited towards the rear of the lot and will be notched into the existing slope, so as to further reduce the bulk and mass of the overall project. H. The proposed new structures that are above sixteen feet in height do not result in an unreasonable infringement of privacy of the occupant of abutting residences, as the proposed second story balconies on the proposed residences on Lot No. 1 and Lot No. 2 are positioned and designed, so as to face a public street (Palos Verdes Drive East). In addition to the above, the north elevations of the proposed residences incorporate windows along the second stories. While these windows face properties to the north of the project site, along Harbor Sight Road within the City of Rolling Hills Estates, the proposed residences provide a large enough side yard setback minimizing potential privacy issues. Specifically, the residences on Lot No. 1 and Lot No. 2 provide a 65' and a 26' side yard setback, respectively, to the northerly side property line. Section 4. A Major Grading Permit is warranted to allow a total of 3,683 cubic yards of grading (389 cubic yards will occur within the public right-of-way in the City of Rolling Hills Estates under a separate entitlement process) to accommodate the construction of two residences of each of the proposed lots at 27581 Palos Verdes Drive East because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the existing subject lot is residential as identified in the City's General Plan and Zoning map. The Applicants are requesting to subdivide the existing lot to accommodate the development of each lot. The requested Grading Permit is to allow a total 3,683 cubic feet of project related earth movement consisting of 1,528 cubic yards of grading for Lot No. 1 and 1,766 cubic yards of grading for Lot No. 2, as well as the construction of an 8' high up-slope retaining wall at the rear of the residence on Lot No. 2. The proposed grading is to accommodate the construction of two new residential structures with basement areas, driveway access to the two properties and related site improvements including a pool, patio and hardscape areas, which do not exceed what is necessary for the permitted use of the lot. B. The project grading includes excavation under the building footprints of the two proposed residences. The subject property survey indicates existing grade elevations in the area of the existing building pad range between approximately 427.00' at the east end of the existing building pad and 431.00' at the west end of Resolution No. 2018-10 Page 7 of 13 the existing building pad. The proposed finished grade of the building pads will be approximately 426.00' at the east end of the proposed pads, and 427.00' at the west end of the pads. The proposed grading under each lot will result in lower building pads for the two proposed residential properties by approximately 1 to 3 feet. The view of the harbor and city lights that the adjacent neighbors currently enjoy is in an easterly direction. Given that the building pads of the proposed residences will be lowered and that the building pads of the properties to the west of the subject property are elevated approximately 55'-0" to 60'-0" higher than the subject property and the properties to the south of the subject property are elevated approximately 25'-0" to 30'-0" higher than the subject property; the westerly and southerly neighbors will continue to have a view over the subject property without any adverse impact caused by the proposed project. C. 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 requested grading for the proposed subdivision is to accommodate two new residences within the City's permitted height requirements of 16'/30' for an upslope lot. The ridgeline of the structure on Lot 1 will be 16' above the highest existing grade adjacent to the structure, and 29' as measured from lowest finished grade adjacent to the structure. The ridgeline of the structure on Lot 2 will be 15.66' above the highest existing grade adjacent to the structure, and 30' as measured from lowest finished grade adjacent to the structure. The requested grading is to notch the proposed residences into the slope to minimize its visual appearance. As a result, although improvements will be visible from the street level (Palos Verdes Drive East), by notching the structure into the slope, the grading will minimize the visual impact of the structures from the neighboring properties. Additionally, the RPVDC states that on sloping lots, structures may have building envelope of up to 16' on the upper side and 30' on the lower side, by right. As stated above, this view finding does not apply when grading is utilized to lower the finished grade under the building footprint, as proposed in the Applicants' grading design. D. The proposed grading maintains a majority of the natural contours on the subject property. Specifically, the project proposes to cut and fill along the front of Lot No. 1 to accommodate a shared driveway and to grade down the existing building pad, so as to provide a lower building pad for Lot No. 1 and Lot No. 2 for the construction of the two new requested residences. On Lot No. 2, the project proposal includes additional cut in order to notch the proposed residence into the existing slope, as well as some fill to support rear yard improvements including a pool, patio and hardscape. The proposed grading is generally limited to developed portions of the lot. The finished contours will blend with the existing contours on the subject property. Resolution No. 2018-10 Page 8 of 13 E. The grading takes into account the preservation of natural topographic features because although the slope will be altered by cutting out sections of the slope where the structures and ancillary improvements will be situated, the rest of the site will be preserved through the remaining portions being sculpted to reasonably match the existing contours. Also, there are no significant and protected natural topographic features that would be disturbed by the proposed grading especially since the existing lot is improved as a pad lot. Moreover, as previously stated, the proposed grading generally follows the existing slope of the property and results in finished slopes that appear reasonably natural. Additionally, although some land-sculpturing is proposed to occur, it is designed so as to blend the manufactured slopes into the natural topography. Furthermore, prior to the certificate of occupancy, landscape plans for both properties will be reviewed and the plants installed to the satisfaction of the Director of Community Development, which will aid in stabilizing the graded slope and will also contribute towards blending the manufactured slope into the natural topography. Thus, the Planning Commission believes that the amount of grading beyond that required to accommodate the proposed residence has been minimized. F. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character. The proposed structures are compatible with the immediate neighborhood character. Specifically, the project proposes to cut and fill a portion of the existing slope at the rear of Lot No. 2 in order to accommodate the proposed residence. By doing so, the residence on Lot No. 2 will be setback or recessed into the existing slope, which is consistent with design features of adjacent properties. In addition, the project also proposes to utilize fill on Lot No. 1 to accommodate a new shared driveway to provide access to the properties, which is consistent with features of homes in the area. The proposed structure sizes will not be out of scale because the proposed structures on Lot Nos. 1 and 2 are within the range of structure sizes for the neighborhood. As for the number of stories, the proposed project is not introducing new feature to the neighborhood, as other 2-story residences in the area exist. Furthermore, building siting and the use of various design features and articulations are used to minimize the apparent bulk/mass of the two new structures. Lastly, the proposed façade treatments, architectural style, structure height, roof design, setbacks, building materials and bulk/mass of the new residence is similar to and thus compatible with the existing neighborhood character. G. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. However, the proposed grading does not involve a new residential tract and therefore this criterion does not apply. Resolution No. 2018-10 Page 9 of 13 H. The grading conforms to the City's standards for grading on slopes, maximum finished slopes, and retaining wall heights in the front, side and adjacent to driveways. However, the grading does not conform to maximum depth of cut and fill. Specifically, the project proposes a fill of 6.25' on Lot No. 1 in order to accommodate a proposed shared driveway. The proposal to exceed the maximum depth of fill is reasonable and necessary as the proposed driveway will provide vehicular accessibility to the site, including Fire Department access. Section 5: The requested Site Plan Review is warranted for the proposed ancillary improvements to Lot Nos. 1 and 2 including balconies, driveways and hardscape areas, outdoor kitchen areas, and the construction of a pool at the rear of the proposed residence on Lot No. 2. The proposed ancillary improvements comply with all applicable code requirements, including, but not limited to minimum required setbacks, parking, and maximum allowed lot coverage in the RS-2 zoning district. The proposed balconies will not result in an infringement of privacy to neighboring properties. Section 6: The merits of the appeal are not warranted as described below: A. Appeal Reason No. 1: The concerns of the Rolling Hills Estates residents were not considered in the assessment of the proposed project. Although the City's Development Code and its application processes do not include the assessment of project impacts to properties in other jurisdictions, the Planning Commission considered these concerns at its August 9, 2016, meeting when they directed the Applicants to reduce the size and scale of the proposed residences. As a result, the Appellants' concerns were considered as part of the Planning Commission's review of the proposed project. B. Appeal Reason No. 2: The sampling size used for the neighborhood compatibility analysis are inadequate. The City's ordinances do not apply to properties outside of the City's boundary. The City Council-adopted Neighborhood Compatibility Handbook states that a project requiring neighborhood compatibility is normally analyzed based on at least 20 closest homes within the same zoning district, which are also the homes most likely to be affected by the project. As the properties in RHE have their own zoning designations which are different than RPV, those homes were not included in Staff's analysis. Moreover, the early neighbor consultation is only deemed adequate if certain number of signatures of property owners are obtained by the Applicants within the City limits. Since the Neighborhood Compatibility Handbook and the Guidelines and Procedures for Height Variation Permits expressly limits the sampling size to RPV properties, the analysis completed for the proposed Resolution No. 2018-10 Page 10 of 13 project is adequate. Nonetheless, the Planning Commission did consider the Appellants' concerns in its decision. C. Appeal Reason No. 3: The proposed project is incompatible with the neighborhood with respect to structure size, bulk and mass, height, view impairment and privacy. The proposed project was initially considered by the Planning Commission on August 9, 2016, at which time it was continued based on concerns related to the proposed structure size, bulk and mass, and privacy impacts. The Applicants revised the project to address the concerns. The redesigned project eliminated the need for a Variance, provided a reduction in structure sizes; provided enhanced architectural features and projections to reduce the appearance of bulk and mass; increased setback distances to adjacent properties; increased the distance between the two proposed residences; and the residence on Lot No. 2 was sited towards the rear of the lot and notched into the existing slope to further reduce the appearance of bulk and mass. With respect to view impairment concerns, views from 4 and 6 Harbor Sight Drive are observed in an easterly direction and consist of views of the harbor, city lights and mountains. There is no potential for significant view impairment as a result of the project from 4 Harbor Sight Drive as portions of the proposed residence that may impair a view is being constructed within the by-right (16'/20') height limitations. View impairment assessments are only conducted for structures over 16' in height. The proposed project does not cause a significant view impairment to 6 Harbor Sight Drive as the project impairs a small portion of the Harbor view at the right periphery while the majority of the view will be preserved. D. Appeal Reason No. 4: The proposed project will create privacy impacts to properties at 2 and 4 Harbor Sight Drive in the City of Rolling Hills Estates, which will result in loss of value to Harbor Sight residences. The project addressed privacy concerns by providing increased setbacks of 65' and 26' at the northerly side property line; eliminating balconies; and reducing the number of windows along the north building façades, which face the properties at 2 and 4 Harbor Sight Drive. E. Appeal Reason No. 5: The proposed project grading may adversely impact geologic stability in the area. The project's Conditions of Approval included a comprehensive list of conditions that address grading activities related to circulation of dump trucks and geologic stability in the area. Specifically, Condition No. 51 requires the Applicants to obtain a Haul Route Permit from the City's Public Works Department prior to the issuance Resolution No. 2018-10 Page 11of13 of a grading or building permit. Condition No. 58 requires that a grading plan and geotechnical report be approved by the City's Building Official and Geologist prior to the issuance of a grading or building permit. F. Appeal Reason No. 6: Siting of the proposed project at center of the site results in the two propose residences being located closer together and therefore exaggerates the appearance of the scale. The siting of the proposed residences on Lot Nos. 1 and 2 were designed so as to conform to Chapter 16.04 (General Provisions) of the RPVMC, which sets forth the City's regulations for subdivisions. The placement of the residences are consistent with RPVMC Section 16.04.040 (Map Requirements) as it relates to contiguous lot areas. G. Appeal Reason No. 7: City Staff hand-picked photographs of three massive residential developments at its presentation to the Planning Commission to give the impression that such residential development was typical in the area: The City Staff's photographs of 27701, 27649 and 27591 Palos Verdes Drive East presented to the Planning Commission were intended to generally represent the varied architectural styles amongst the 20 closest residences in the City of Rancho Palos Verdes. Irrespectively, the Planning Commission reported at its meeting that they visited the site to view the project silhouette as it relates to the immediate neighborhood prior to making its decision. H. Appeal Reason No. 8: The Planning Commission refused to look at the late correspondence presented by an Appellant. The Planning Commission was provided with the late correspondence at the November 28, 2017, meeting, which is the same correspondence that was attached to the Appeal Letter presented to the City Council. I. Appeal Reason No. 9: The Planning Commission meeting on November 28, 2017 was not recorded and that no video , audio or written transcripts exist: Due to technical difficulties, there are no video or audio recordings of the November 28, 2017, Planning Commission meeting. As a result, City Staff prepared action-item meeting minutes, which are available on the City's website. Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby adopts Resolution No. 2018-10; denying an appeal and upholding the Planning Commission's decision, approving Vesting Tentative Resolution No. 2018-10 Page 12 of 13 Parcel Map No. 72658, Height Variation Permit, Grading Permit, and Site Plan Review to allow the demolition of an existing residence and the subdivision of an existing lot into two separate lots to allow the construction of a single-family residence on each lot with associated grading located at 27581 Palos Verdes Drive East, subject to the conditions set forth in the attached Exhibit "A" (Case Nos. SUB2014-00003, ZON2014-00273 and ZON2016-00120). Section 8: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. Section 9: The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or other applicable short periods of limitation. PASSED, APPROVED and ADOPTED this 20th day of February 2018. Mayor ATTE ANNIk*A WI Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2018-10, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held o' ebruary 20, 2018. l Jerk Resolution No. 2018-10 Page 13 of 13 RESOLUTION NO. 2018-10 Exhibit "A" Conditions of Approval for Vesting Tentative Parcel Map No. 72658, Height Variation, Grading Permit and Site Plan Review Case Nos. SUB2014-00003, ZON2014-00273 & ZON2016-00120 27581 Palos Verdes Drive East General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the Applicants 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 Applicants 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 Applicants 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 of a revision by the final body that approved the original project, which Resolution No. 2018-10 Page 2 of 11 may require new and separate environmental review and public notification. 6. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 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 and administrative citations as described in Section 1.16 of the City’s Municipal Code. 8. If the Applicants 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 Resolution No. 2018-10 Page 3 of 11 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 7:00 AM Monday through Friday and before 9:00 AM 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. If 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, the Applicants shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 16. For all grading, landscaping and construction activities, the Applicants shall employ effective dust control techniques, either through screening and/ or watering. 17. This approval of the Vesting Tentative Parcel Map and Grading Permit expires 24 months from the date of approval of the parcel map by the Planning Commission, unless extended per Section 66452.6 of the Subdivision Map Act and Section 16.12.040 of the Development Code. Any request for extension shall be submitted to the Planning Commission in writing and with the appropriate fee prior to the expiration of the map. 18. The Applicants shall be required to pay for the cost of services to be provided on behalf of the City by any outside consultants that have been retained by the City to render services specifically in connection with this project, in the form of a trust deposit account, prior to commencement of such services (e.g. City Engineer, City Attorney, geotechnical consultants, biologist, etc.). The Applicants shall adequately fund said trust deposit accounts prior to the commencement of services, in amounts reasonably requested by the City. In addition, the trust deposits shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. Resolution No. 2018-10 Page 4 of 11 19. All costs associated with plan check reviews and site inspections for the Department of Public Works shall be incurred by the Applicants through the establishment of a trust deposit with the Director of Public Works at the time of plan check submittal or site inspection request. 20. The silhouette frames shall be removed within seven (7) days of a Planning Commission approval. 21. 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. 22. During the construction of the proposed project, the Applicants shall ensure that all onsite vehicles, equipment and materials are temporarily screened by fencing pursuant to the City’s requirements as described in Section 17.56.050(C) of the Development Code. 23. The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. 24. All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated during construction. Project Specific Conditions Approval of Vesting Tentative Parcel Map No. 72658 25. The approval of this Vesting Tentative Parcel Map allows the existing 43,677 square foot lot to be subdivided into two separate lots for the development of two single-family two-story residences. The two approved lots shall comply with the minimum lot dimensions required by the Development Code for the RS-2 Zoning District. Lot No. 1 shall contain a lot area of 20,649 square feet and measure 181’ in width and 120’ in depth (as measured pursuant to Code Section 17.48.020); while Lot No. 2 shall contain a lot area of 23,029 square feet and measure 137’ in width and 168’ in depth (as measured pursuant to Code Section 17.48.020). 26. Easements shall not be granted within easements dedicated or offered for dedication to the City until after the final map is filed and recorded with the County Recorder. No easements shall be accepted after recording of the final map that in any way conflict with a prior easement dedicated to the City, or any public utility. Resolution No. 2018-10 Page 5 of 11 All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. 27. The proposed parcel map shall adhere to all the applicable dedications and improvements required per Chapter 16.20 of the Development Code. Prior to the Submittal of Final Parcel Map No. 72658 28. According to Section 16.20.130 of the Development Code and the Subdivision Map Act, at the time of making the survey for the final parcel map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards of the Subdivision Map Act. Prior to recording the final map, the exterior boundary of land being subdivided shall be adequately monumented with no less than a two (2) inch iron pipe, at least eighteen (18) inches long, set in dirt and filled with concrete at each boundary corner. The parcel lot corners shall be monumented with no less than one-half inch iron pipe for the interior monuments. Spikes and washers may be set in asphalt pavement and lead and tacks may be set in concrete pavement or improvements in lieu of pipes. All monuments shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. 29. A note shall be placed on the final map stating that a geology and/or soils report has been prepared in conjunction with the subdivision. 30. All existing and proposed easements, including the proposed driveway easement and any utility easements over Lot No. 1, shall be clearly illustrated and described on the final parcel map. 31. All proposed easement documents, including the driveway easement and any utility easements over Lot No. 1, shall be submitted to the City Engineer for review and approval prior to approval of the final map. 32. Prior to submitting the final map to the City Engineer for examination, the Applicants shall obtain clearance from all affected departments and divisions, including a clearance from the City Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures. 33. Development shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property prior to approval of the final map. Prior to the Recordation of Final Parcel Map No. 72658 34. Prior to approval of the Final Parcel Map, the Applicants shall dedicate land, pay Resolution No. 2018-10 Page 6 of 11 a fee in lieu thereof, or a combination of both, at the option of the City, for park and recreational purposes at the time and according to the standards and formulas contained in Municipal Code Section 16.20.100.G. 35. The final map is subject to review and approval by the City Engineer. A trust deposit shall be established with the City to cover any costs of the City Engineer's review. 36. Prior to recordation, the Applicants shall supply the City with a digital copy of the Final Parcel Map in the format required by the County of Los Angeles, through ordinance 99-0080. An additional copy for the County of Los Angeles will also be required upon submittal of the Final Parcel Map to the Los Angeles County Recorder's office. After Recordation of the Final Parcel Map No. 72658 37. The Applicant shall supply the City with one mylar (if applicable) and five (5) copies of the map within five (5) calendar days after the final map has been filed with the Los Angeles County Recorder's Office. 38. Prior to issuance of any grading or building permit for the lots created and approved herein, the Applicants shall obtain addresses for each of the new lots from the City. Grading Permit 39. This approval shall allow the demolition of an existing 4,339 square foot single- family two-story residence and site improvements including a pool, retaining wall and hardscape areas in order to accommodate the construction of two new homes and associated grading on each lot, as further described below: Lot No. 1 A. The construction of a new 5,927 square foot (3-car attached garage and basement included) two-story residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a license land surveyor or civil engineer prior to the framing inspection. B. Ancillary improvements including two attached covered patios, an outdoor kitchen and driveway. C. 1,528 cubic yards of associated grading, consisting of 1,272 cubic yards of cut and 256 cubic yards of fill (1,016 cubic yards of export). Lot No. 2 Resolution No. 2018-10 Page 7 of 11 A. The construction of a new 5,311 square foot (3-car garage and basement included) two-story residence. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to the framing inspection. B. Ancillary improvements including a new pool & spa, attached covered patio, new driveway and an 8’ high up-sloping retaining wall. C. 1,766 cubic yards of grading, consisting of 1,504 cubic yards of cut and 262 cubic yards of fill (1,242 cubic yards of export). D. The number of windows and dimensions on the north façade shall comply with the plans approved by the City Council on February 20, 2018. The dining room window on the north façade shall not exceed 2’x5’ and shall be either 5’ above the interior finished floor elevation or translucent. 40. Unless modified by the approval of future planning applications, the approved residences on Lot Nos. 1 and 2, as approved herein, shall maintain the following setbacks for newly created lots in the RS-2 zoning district: Front yard setback – 20’ minimum Interior side yard setbacks – 10’ minimum per side / 20’ minimum total of both sides Rear yard setback – 20’ minimum BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 41. The height of the residence on Lot No. 1 shall not exceed 22.9’ in height, as measured from the highest elevation of the existing grade covered by the structure (elev. 429.1’) to the highest proposed roof ridgeline (elev. 452.00’); and an overall height of 26’ as measured from lowest finished grade adjacent to the structure (elev. 426.00’) to the highest proposed roof ridgeline (elev. 452.00’). The height of the residence on Lot No. 2 shall not exceed 16.5’ in height, as measured from the highest elevation of the existing grade covered by the structure (elev.435.5’) to the highest proposed roof ridgeline (elev. 452.00’); and an overall height of 24’, as measured from the lowest finished grade adjacent to the structure (elev. 428’) to the highest proposed roof ridgeline (elev. 452.00’). BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection, based on the above-mentioned instructions. Resolution No. 2018-10 Page 8 of 11 42. A minimum 3-car garage shall be provided and maintained for each proposed residence, 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. 43. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (33% proposed for Lot No. 1 and 21% proposed for Lot No. 2) for each lot. 44. Maximum hardscape coverage within the 20-foot front-yard setback areas for both Lot 1 and Lot 2 shall each not exceed 50% for each lot. Grading 45. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. 46. During construction, including grading, excavating, and land clearing, storage piles and unpaved disturbed areas shall be continuously stabilized by being kept wet, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile. 47. During construction, including grading, excavating, and land clearing, sufficient water shall be applied to areas disturbed to prevent emitting dust and to minimize visible emissions from crossing the boundary line. 48. During construction, including grading, excavating, and land clearing, construction vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being released or tracked off site. 49. During construction, including grading, excavating, and land clearing, the Applicants’ contractor shall be responsible for minimizing bulk material or other debris from being tracked onto the City’s public roadways, and if tracked, the Applicants’ contractor shall be responsible for cleaning up the impacted City’s public roadways. 50. During construction, including grading, excavating, and land clearing, no trucks shall be allowed to transport excavated material off-site unless the trucks are maintained such that no spillage can occur from holes or other openings in cargo compartments, and loads are either: covered with tarps; wetted and loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than 6" from the top and that no point of the load extends above Resolution No. 2018-10 Page 9 of 11 the top of the cargo compartment. 51. Prior to issuance of a grading and/or building permit, a Haul Route Permit shall be obtained from the Public Works Department. 52. The Applicants shall be responsible for repairs to any public street that may be damaged during the grading and/or construction of any future development of the subject parcels. 53. Prior to issuance of any grading or building permits, the Applicants shall obtain and provide proof of approvals from the City of Rolling Hills for the improvements within their jurisdiction, such as for the construction of the proposed driveway, landscaping, grading and drainage improvements. 54. Prior to the certificate of occupancy, landscape plans for both properties shall be reviewed and the plants installed to the satisfaction of the Community Development Director. 55. Prior to the issuance of grading permits, the Applicants shall demonstrate to the Community Development Director’s satisfaction that dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements that require regular watering for the control of dust. 56. During construction, including grading, excavating, and land clearing, all excavating and grading activities shall cease when winds gusts (as instantaneous gusts) exceed 25 mph. To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. 57. During construction, including grading, excavating, and land clearing, construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. 58. Prior to issuance of any grading permit and/or building permits for the properties, a grading plan and geotechnical report shall be prepared for review and approval by the Building Official and the City Geologist. 59. Prior to the issuance of building permits, the Applicants shall be required to submit an Erosion Control Plan to the Building Official for approval that shall include BMPs for erosion, sedimentation and run-off control during construction activities to protect the water quality. Additionally, the Erosion Control Plan shall include post- construction BMPs that apply to runoff from the future buildings, including roof run- off. Resolution No. 2018-10 Page 10 of 11 60. Prior to the issuance of any grading and/or building permits, the proposed sewer system for each new property shall be reviewed and approved by the Building & Safety Division. 61. Prior to the issuance of a grading and/or building permit for new construction, the Applicants shall submit and obtain approval of a Drainage Plan by the City’s Building & Safety Division and the City’s Public Works Director finding that stormwater runoff as a result from the development of the subject site is designed to flow and utilize an on-site drainage system that directs runoff into the existing storm drainage system. Lighting and Glare 62. All exterior illumination for the new residential structures on both Lots 1 and 2 shall comply with the provisions of Section 17.56.030 (Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes Municipal Code for each lot. 63. Prior to the issuance of building permits, all residential lighting shall be fully shielded, and no outdoor lighting shall be 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 for each lot. 64. Prior to the issuance of any grading or building permits, the specifications for the glass type, color, and reflectivity shall be submitted for the review and approval by the Community Development Director for each lot. Utilities 65. All lots shall be served by adequately sized water system facilities, which shall include fire hydrants of the size, type and location as determined by the L.A. County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for a land division. Domestic flow requirements shall be determined by the L.A. County Fire Department. 66. Prior to a grading and/or building permit issuance, Fire Department review will be required to ensure adequate emergency access. 67. All utilities to and on the subject lots shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Prior to Certificate of Occupancy Resolution No. 2018-10 Page 11 of 11 68. Prior to issuance of a Certificate of Occupancy, the Applicants shall submit complete Landscape Plans to the Planning Division for review and approval by the Director of Community Development ensuring that the graded slopes are landscaped and retaining walls screened with landscaping. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. Said plans may be required to comply with the State of California Water Efficient Landscape requirements.