06 - Resolution No. 2015-__, approving a Height Variation and Grading PermitP.C. RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
HEIGHT VARIATION AND GRADING PERMIT (ZON2014-00143)
TO ALLOW THE CONSTRUCTION OF A NEW 26' TALL,
6,781 FT TWO-STORY RESIDENCE WITH BALANCED
GRADING ON SITE AT 10 CHAPARRAL LANE, INCLUDING
GRADING FOR AN 8' TALL RETAINING WALL AT 8
CHAPARRAL LANE.
WHEREAS, on July 15, 2008, the City Council approved a General Plan Initiation
Request, allowing the applicant to proceed with the pursuit of proposed changes to the
General Plan land use and Zoning designation to adjust the boundary line between the
portion of the subject property designated as "residential" and the portion designated as
"hazard"; and,
WHEREAS, on February 28, 2012, the Planning Commission adopted Resolution
No. 2012-05, recommending that the City Council certify a Mitigated Negative
Declaration and approve the relocation of General Plan Land Use and Zoning Map
boundary lines to accommodate the construction of a new residence on the only flat
area of the subject property (5-1, with Commissioner Leon dissenting); and,
WHEREAS, on April 17, 2012, the City Council held a duly noticed public hearing
at which time the application was continued to June 5th, then to July 17th and September
18th at the applicant's request, to an unspecified date for additional time to address all
geotechnical issues; and,
WHEREAS, in 2014, a new property owner Kevin Chen, represented by his
architect Luis de Moraes, notified Staff that he intended to follow through on the same
pending application except that the project would be revised with a reduced scope of
work. On September 2nd and 30th of 2014, the City Council granted Mr. Chen's request
to continue the public hearing to future unspecified date to address geologic concerns of
the site; and,
WHEREAS, on June 18, 2015, notice of the Initial Study and draft Mitigated
Negative Declaration and the proposed General Plan Amendment, Zone Change,
Height Variation and Grading Permit was sent to all property owners within 500' of the
subject site and appropriate public agencies for a minimum comment period of 20 -days,
commencing on June 18, 2015, and concluding on July 14, 2015. Additionally, the
notice was published on the same day in the Peninsula News; and,
WHEREAS, after notices were issued pursuant to the requirements of the
Rancho Palos Verdes Development Code, the City Council held a duly noticed public
hearing on July 21, 2015, at which time all interested parties were given an opportunity
to be heard and present evidence;
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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 City Council reviewed an Initial Study and certified a
Mitigated Negative Declaration under Resolution No. 2015-_, which determined that
there is no substantial evidence that the approval of the General Plan Amendment,
Zone Change, Height Variation and Grading Permit would result in significant adverse
effect on the environment, provided appropriate mitigation measures are imposed on
the project.
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 a the construction of a new 26' tall, 6,781ft2
two-story residence, accessory structures and retaining walls with balanced grading on
site. The balanced grading takes into account the excavation necessary for the
construction of a retaining wall up to 8' in height along the front property line of 8
Chaparral Lane to stabilize access to the subject lot.
Section 2: A Height Variation to allow the proposed 26' tall, 6,781ft2 two-story
residence is warranted because:
A. The applicant has complied with the early neighbor consultation process
established by the city by providing signatures from 66% of the total number
of landowners within a 500' radius of the subject property.
B. The proposed new structure that is above 16' in height does not significantly
impair a view from public property (parks, major thoroughfares, bike ways,
walkways or equestrian trails) which has been identified in the city's general
plan or coastal specific plan, as city -designated viewing areas, since there are
none in close proximity.
C. The proposed new structure is not located on a ridge or promontory, as
defined in the Development Code because the subject property is located
within a developed single-family residential tract.
D. The area of the proposed new structure that is above 16' in height, when
considered exclusive of existing foliage, does not significantly impair a view
from the viewing area of another parcel. More specifically, the views are in a
northerly direction and therefore the properties located to the north, east and
west are not affected by the proposed project. Additionally, the properties
located to the south are not affected by the proposed project because they
are approximately 100' higher in elevation than the subject property.
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E. There is no significant cumulative view impairment caused by granting the
application since there is no view impairment caused by the proposed project.
F. The proposed structure complies with all other code requirements, including,
but not limited to setbacks, lot coverage and enclosed parking.
G. The proposed structure is compatible with the immediate neighborhood
character. More specifically, the proposed structure size will not be out of
scale because the lot is located at the end of the street, the closest point of
the proposed structure will be located 57' away from the front property line,
and various design features and articulations are used to minimize the
apparent bulk/mass of the new structure. Furthermore, the proposed fagade
treatments, architectural style, structure height, roof design, number of
stories, setbacks, building materials and bulk/mass of the new residence
blends in with the neighborhood character.
H. The new construction that is above 16' in height does not result in an
unreasonable infringement of the privacy of the occupants of abutting
residences, because the proposed structure will be placed more than 160'
away from the nearest home.
Section 3: Approval of a Major Grading Permit to allow balanced grading on
10 Chaparral Lane, which includes excavation for a retaining wall along the front
property line of 8 Chaparral Lane is warranted because:
A. The grading does not exceed that which is necessary for the permitted
primary use of the lot. The primary use of the subject lot is residential as
identified in the City's General Plan and Zoning Map. More specifically, the
building pad area will be excavated and filled with re -compacted earth at a
lower elevation by approximately 4' to create adequate soil conditions to
accommodate a new single-family residence and a driveway on the subject
property. Additionally, a minimal amount of excavation is proposed across
the front property line of the abutting property at 8 Chaparral Lane to stabilize
the access to the subject property.
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 because there are no views across the
proposed grading/construction area, as discussed in Section 3(D).
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. More specifically, the proposed
grading minimizes disturbance of the lot by altering approximately 20% of the
slopes primarily to stabilize the area around the building pad for development.
The remaining slopes on the subject property will remain untouched and
preserved in its current condition.
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. More
specifically, the proposed grading preserves natural topographic features of
the site by altering approximately 20% of the lot, while the remaining areas
will be preserved in its current condition.
E. For new single-family residences, the grading and/or related construction is
compatible with the immediate neighborhood character, as discussed in
Section 3(G) above.
F. The grading does not cause excessive and unnecessary disturbance of the
natural landscape or wildlife habitat through removal of vegetation with
mitigation measures that require clearing and grading on site to occur only
outside of the avian nesting season.
G. The grading does not conform to standards detailed under 17.76.040(E)(9) for
creating maximum finished slopes in excess of 35% steepness. However, the
proposed grading in excess of that permissible under 17.76.040(9) is
warranted because:
The criteria of subsections 17.76.040(E)(1) through (E)(8) are satisfied;
ii. The approval is consistent with the purposes of the Grading Permit. The
purpose of the Grading Permit is to 1) permit reasonable development of
land and minimizing fire hazards; 2) ensure the maximum preservation of
the natural scenic character of the area consistent with reasonable
economic use of such property; 3) ensure that the development of each
parcel of land occurs in a manner harmonious with adjacent lands; and 4)
ensure that each project complies with all goals and policies of the
general plan, specific plan and any amendments. More specifically, the
proposed grading is consistent with the purposes of the Grading Permit
because it allows reasonable development of the intended use of the
property without adversely affecting surrounding properties while
consistent with the RS -2 zoning designation for the area. The proposed
grading alters approximately 20% of the property while the remainder of
the lot will remain untouched, ensuring maximum preservation of the
natural character of the property after reasonable development.
Additionally, the proposed development does not alter the existing
neighborhood character and is designed in a harmonious manner with
neighboring properties, as evidenced in Section 3(G) above. Lastly, the
proposed project is consistent with the policies in the General Plan as
evidenced in Section 2 above.
iii. Departure from the standards in subsection 17.76.040(E)(9) will not
constitute a grant of special privileges inconsistent with the limitations
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upon other properties in the vicinity. More specifically, the reason for
creating man-made slopes in excess of 35% is to blend the altered area
with the existing 2:1 slopes on the property. The remaining slopes on the
lot will remain untouched. Additionally, there are other properties in close
proximity that were allowed similar deviations that were necessary for the
development of the lot.
iv. Departure from the standards of subsection 17.76.040(E)(9) will not be
detrimental to the public safety nor to other property. More specifically,
the proposed improvements will require further geotechnical review and
issuance of a Building Permit, thereby ensuring that the improvements
will not be detrimental to or injurious to other properties and
improvements in the area.
Section 4: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought, is governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
Section 5: For the foregoing reasons and based on the information and
findings included in the Staff Report, the City Council hereby conditionally approves the
Height Variation Permit and Grading Permit, thereby allowing the construction of a 26'
tall, 6,781ft2, two-story, single-family residence with balanced grading on 10 Chaparral
Lane and minimal excavation for the construction of an 8' tall retaining wall on 8
Chaparral Lane, in compliance with the conditions of approval as shown in attached
Exhibit "A."
PASSED, APPROVED AND ADOPTED this 21St day of July 2015, by the following vote:
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2015-_ was duly and regularly passed and adopted by the said
City Council at a regular meeting held on July 21, 2015.
City Clerk
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2014-00143
10 CHAPARRAL LANE
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. 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.
3. 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. Otherwise, any substantive change 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.
4. 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.
5. 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.
6. 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.
7. 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.
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8. 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.
9. 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.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:OOAM to 5:OOPM 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.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12. 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.
Project Specific Conditions:
1. This approval is for a 6,781 ft2, two-story single-family residence, which includes
a three -car garage. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit
final.
2. The maximum ridgeline of the approved project is 710' with an overall maximum
height of 26', as measured from the point where the lowest foundation or slab
meets finished grade, to the ridgeline. BUILDING HEIGHT CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to
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roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED
FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land
surveyor or civil engineer, showing the Finished Floor Elevation at 684.5'.
3. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 8.51 % lot coverage.
4. The approved residence shall maintain setbacks of 20' front (57' proposed), 15'
rear (17'-11" proposed), and 5' sides (180'+ north and 270'+ south proposed).
5. A minimum of three enclosed parking spaces shall be provided and maintained in
a garage, and a minimum of three unenclosed parking spaces shall be provided
and maintained as a driveway on the property.
6. 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.
7. The driveway shall be a minimum width of 10' and a paved 25' turning radius
shall be provided between the garage or other parking area and the street of
access for driveways.
8. The driveway shall not exceed 20% slope.
9. This approval allows for the following retaining walls with balanced grading on-
site, with no import or export of earth material:
a. A retaining wall not to exceed 8' in height against the ascending southerly
slope.
b. A retaining wall not to exceed 10' in height for the window wells along the
southerly side of the structure.
c. A retaining wall not to exceed 5' in height around the driveway area.
d. Two terraced garden walls not to exceed 3' in height around the gazebo in
the northerly patio area.
e. A garden wall not to exceed 2'-11" in height at the top of the northerly
slope.
f. A retaining wall not to exceed 3' in height, supported with caissons, near
the top of the northerly slope.
g. A retaining wall not to exceed 8' in height, supported with caissons, along
the southerly edge of Chaparral Lane on 8 Chaparral Lane property.
10.The proposed chimney may project a maximum of 2' into any required setback,
and shall not exceed the minimum height required for compliance with the
Uniform Building Code.
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11. 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.
12. Maximum hardscape coverage within the 20 -foot front -yard setback area shall
not exceed 50%.
13. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. 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.
14. Prior to the issuance of a building permit, the applicant shall document the
current condition of Chaparral Lane with still and video photography of the entire
length of Chaparral Lane. Following construction and prior to Building Permit
Final, Chaparral Lane shall be re-evaluated and any damages to the street
surface incurred as a result of the grading and/or related construction shall be the
responsibility of the applicant to repair to the satisfaction of the Director.
15. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall dedicate, to the
satisfaction of the Community Development Director, public trail easements to
the City for the Bronco Trail and the Georgette Canyon Trail. The location of the
trail easements shall be determined collectively between the City and the
property owner, and shall be a minimum of 20 -feet in width. Specifically, the trail
easement for the Bronco Trail shall be located along the property's southern
slope in a south -north direction that connects to the end of Mustang Road at
Bronco Drive, and the trail easement for the Georgette Canyon Trail shall be
located across the southern slope in an east -west direction for the entire width of
the lot.
Mitigation Measures:
16. Clearing and grubbing of the site should occur outside the avian nesting season
(approximately February 1 — August 31). If clearing and grubbing of the project
site occurs between February 1 and August 31, a preconstruction survey for
nesting birds shall be conducted by a qualified biologist. The property owner
shall be responsible to implement this mitigation measure prior to clearing and/or
grading, to be verified by the Community Development Department.
17. If nesting birds occur in the impact area, a buffer around the nest will be flagged
as determined by a qualified biologist and up to 500' from the nest. All activities
will occur outside the buffer area until a qualified biologist has determined that
the young are no longer dependent on the nest and that no new nesting activity
has occurred in the flagged area by another pair of birds. The property owner
shall be responsible to implement this mitigation measure prior to clearing and/or
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grading, to be verified by the Community Development Department.
18.Any impacts to coastal sage scrub habitat shall be mitigated by the project
pursuant to the City's NCCP.
19.A caisson wall shall be used to mitigate a landslide. This wall shall be installed
under a separate permit prior to construction of the proposed residence along the
southerly edge of Chaparral Lane on the 8 Chaparral lane property. The
property owner shall be responsible to implement this mitigation measure prior to
construction, to be verified by the Community Development Department.
20.An as built geotechnical report shall be prepared by the project geotechnical
consultant following grading/construction for the subject site improvements. The
report shall include the results of all field density testing, depth of reprocessing
and recompaction, depth and locations of any caissons, as well as a map
depicting the limits of grading, locations of all density testing, and geologic
conditions exposed during grading/excavation. The report shall include
conclusions and recommendations regarding applicable setbacks, foundation
recommendations, slope stability, erosion control, septic tanks, and any other
relevant geotechnical aspects of the site. The property owner shall be
responsible to implement this mitigation measure prior to Building & Safety
permit issuance.
21. Low Impact Development shall apply for the design and implementation of post -
construction controls and other Best Management Practices to mitigate storm
water pollution PRIOR TO BUILDING PERMIT ISSUANCE.
22. No construction or storage of construction materials would be allowed outside the
designated construction limits. Prior to construction, the limits shall be flagged
and/or fenced with highly visible flagging. The staging area shall be located
outside of streambed. The property owner shall be responsible to implement this
mitigation measure prior to and during construction, to be verified by the
Community Development Department.
23. In temporary construction areas susceptible to erosion, such as bare hillsides, silt
fence and fiber rolls shall be used to stabilize these areas and minimize erosion
until vegetation can be reestablished. The property owner shall be responsible to
implement this mitigation measure prior to and during construction, to be verified
by the Community Development Department.
24.All hazardous materials shall be property stored. If discharge occurs, the spill
shall be cleaned by trained personnel using appropriate methods. The property
owner shall be responsible to implement this mitigation measure prior to and
during construction, to be verified by the Community Development Department.
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