Loading...
PC RES 2019-032 P.C. RESOLUTION NO. 2019-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES AMENDING CONDITION NOS. 4, 20, 22, 28 AND 31 OF P.C. RESOLUTION NO. 2001-36 FOR THE EXISTING RESIDENCE AT 3815 PALOS VERDES DRIVE SOUTH TO ALLOW THE INSTALLATION OF A 14-INCH-TALL CONCRETE BLOCK WALL ALONG THE REAR-YARD PROPERTY LINE ADJACENT TO 32353, 32405, AND 32413 SEA RAVEN DRIVE, TO ALLOW FOLIAGE TO GROW UP TO A MAXIMUM HEIGHT LEVEL NOT TO EXCEED 12 INCHES ABOVE THE BASE OF THE PROPOSED REAR-YARD PROPERTY LINE WALL, RESPECTIVE TO THE ADJACENT PROPERTIES LOCATED AT 32353, 32405, AND 32413 SEA RAVEN DRIVE, AND TO CHANGE THE REFERENCE FROM "PLANNING, BUILDING, AND CODE ENFORCEMENT" TO "COMMUNITY DEVELOPMENT" (CASE NO. PLRV2019- 0004) WHEREAS, on October 9, 2001, the Planning Commission adopted P.C. Resolution No. 2001-36, approving Grading Permit No. 2191 for the construction of a new 7,691-square-foot, split-level, single-family residence with 1,643 cubic yards of associated grading. The Planning Commission's approval included Condition Nos. 22 and 28 restricting the heights of future rear-yard fencing or walls and landscaping; and, WHEREAS, on April 18, 2003 permits were issued for Grading Permit No. 2191 and a Certificate of Occupancy was issued on October 11, 2005; and, WHEREAS, on November 14, 2019, the property owner, Mr. Heru Wiredja, submitted an application to revise to Grading Permit No. 2191 (Case No. PLRV2019- 0004) to amend Condition No. 22 to allow for installation of a taller wall along the rear yard property line, and to amend Condition No. 28 to remove the 16-foot foliage height restriction and allow foliage to grow up to a maximum height level above the existing 395- foot elevation restriction; and, WHEREAS, on and subsequent to November 14, 2019, the property owner and applicant, in agreement with adjacent property owners and Staff, refined his request to propose the installation of a 14-inch-tall concrete block wall on the property line adjacent to 32353, 32405, and 32413 Sea Raven Drive, and to amend Condition No. 28 to remove the 16-foot foliage height restriction and allow foliage to grow up to a maximum height level not to exceed 12 inches above the base of the proposed concrete block wall; and, WHEREAS, on November 18, 2019, after reviewing the initial application materials, past records of the property, and after meeting with concerned parties and P.C. Resolution No. 2019-32 Page 1 of 10 conducting site visits to assess the proposal, Staff deemed the application complete for processing; and, WHEREAS, on November 21, 2019, pursuant to Rancho Palos Verdes Municipal Code ("RPVMC") §17.80.090, a public notice was mailed to property owners within a 500' radius of the project site and published in the Palos Verdes Peninsula News; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources 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, determined that the proposed project has been found to be categorically exempt under §15301 (Existing Facilities); and, WHEREAS, the Planning Commission held a duly-noticed public hearing on December 10, 2019, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission finds that the amendments to the original Planning Commission-adopted Conditions of Approval for Grading Permit No. 2191 for the installation of a 14-inch-tall rear yard garden wall and landscape revisions that allow foliage to grow up to a maximum height of 12 inches above the grade at the base of the proposed 14-inch-tall rear-yard garden wall provided a significant view impairment does not occur to neighboring properties pursuant to Section 17.20.040 of the Rancho Palos Verdes Municipal Code (RPVMC), is warranted because: A. As previously proposed and approved, site grading accommodated the construction of a new single-family residence and related site improvements on an undeveloped lot. The grading did not exceed that which was necessary for the permitted primary use of the lot in that the proposed 1,643 cubic yards of associated grading was necessary to prepare the project site for the construction of a new, single-family residence within the RS-1 zoning district, which is considered the permitted primary use of the property. The Applicant's original grading request consisted of 964 cubic yards of cut, 168 cubic yards of fill and 511 cubic yards of removal and recompaction. Although 1,643 cubic yards of earth movement was proposed, 511 cubic yards consisted of removal and recompaction which did not result in net impacts to the project site in that the overall topography of the site remained unaltered. The property has since been graded and a single- family residence with site improvements constructed in accordance with the original approvals. Since neither the proposed installation of a new 14-inch-tall rear yard garden wall nor the proposed landscape condition revisions require any additional grading, the Planning Commission's ability to make this finding remains unchanged. P.C. Resolution No. 2019-32 Page 2 of 10 B. In this neighborhood, views of Catalina Island and the ocean are oriented towards the south. The proposed wall will not significantly, adversely affect these views from the viewing area of neighboring properties because the Applicant is proposing to install a low, garden wall not to exceed 14 inches in height. Although the proposed height will impair the lower portion of the ocean views taken from the viewing areas located at 32353, 32405, and 32413 Sea Raven Drive, views of Catalina Island will remain unimpaired and the majority of the expansive ocean view will also remain unimpaired by the wall. The portion of the view impaired by the 14-inch-tall wall is not considered a significant view impairment, as defined by RPVMC §17.02.040. With respect to the proposed landscape revisions, the view protection controls provided in the conditions of approval shall ensure that the foliage on the subject property does not significantly impair neighboring views from their viewing areas (as defined by RPVMC §17.02.040) in the future. Therefore, the proposed 14-inch-tall garden wall and the landscape condition revisions will not affect the visual relationships with, nor the views from the viewing areas of neighboring properties, and this finding can be met. C. The majority of the grading that followed the Planning Commission's approval for Grading Permit No. 2191 was for the construction of a new residence and vehicular driveway access. The nature of grading minimized disturbance to the natural contours and the finished contours are reasonably natural in that the grading was limited to the area directly related to the new residence and the area immediately surrounding the proposed residence for a driveway, driveway turnaround and small yard area. Furthermore, approximately 511 cubic yards of the grading was for removal and recompaction that did not result in a drastic alteration of the existing topography of the site. Since neither the proposed installation of a new 14-inch-tall rear yard garden wall nor the proposed landscape condition revisions require any additional grading, the Planning Commission's ability to make this finding remains unchanged. D. The majority of the grading that followed the Planning Commission's approval for Grading Permit No. 2191 took into account the preservation of natural topographic features and appearances so as to blend any man-made or manufactured slopes into the natural topography in that the proposed residence has been designed to respect the natural contours of the site by notching the proposed residence into the hillside as opposed to grading the entire site to create a level building pad. Furthermore, the majority of the grading occurred either under the building footprint or in an area outside the building footprint that is necessary to provide adequate access to the proposed residence. Since neither the proposed installation of a new 14-inch-tall rear yard garden wall nor the proposed landscape condition revisions require any additional grading, the Planning Commission's ability to make this finding remains unchanged. E. The existing 7,691-square-foot residence (garage included) was previously found to be compatible with the character of the immediate neighborhood. Landscaping P.C. Resolution No. 2019-32 Page 3 of 10 has been used throughout the project site that visually screens the residence and softens its overall appearance from Palos Verdes Drive South. Furthermore, design features such as earth-tone color stucco, wrought iron details, Spanish tiles, custom windows and exterior moldings were incorporated into the design of the structure to resemble the character of the developed properties within the immediate neighborhood. With respect to the proposed 14-inch-tall rear yard wall, other surrounding properties have perimeter fencing or walls, but the proposed wall, due to its low profile, will not cause any aesthetic impacts as seen from Palos Verdes Drive South or Forrestal Drive. Consistent with the agreement reached by the Applicant and the affected neighbors, the color the proposed concrete wall and cap shall be earth-tone, red or pink, to match the color of the existing rear-yard garden wall located at 32345 Sea Raven Drive. With respect to landscaping revisions, the Applicant is not requesting any changes to the approved landscape plan that are incompatible with the immediate neighborhood character. On the contrary, the proposed landscape condition amendments will allow existing foliage to grow to taller height levels (without adversely affecting neighboring views) and allow existing low-growing vegetation on the rear-yard slope to grow to taller heights without significantly impairing neighboring views. In allowing such revisions, the site will have landscaping that is compatible with the surrounding neighborhood, is attractive and provides privacy screening, yet does not adversely affect nearby views. Therefore, with the imposition of appropriate conditions, the proposed condition revisions will be compatible with the immediate neighborhood character, and this finding can be made. F. The required finding that, 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, is not applicable to the proposed project because the proposed condition revisions do not involve a new residential tract. G. The required finding that, the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside, is not applicable to the proposed project because the proposed condition revisions do not involve street designs or improvements. H. The previous grading did not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation since it was located on a lot that was devoid of native vegetation (according to the City's vegetation maps). Since neither the proposed installation of a new 14-inch-tall rear yard garden wall nor the proposed landscape condition revisions require any additional grading, the Planning Commission's ability to make this finding remains unchanged. P.C. Resolution No. 2019-32 Page 4 of 10 I. The proposed 14-inch-tall wall and landscape revisions are not subject to the standards pertaining to grading on slopes, height of cut/fill, retaining walls and driveways pursuant to RPVMC §17.76.040(E)(9). Since neither the proposed installation of a new 14-inch-tall rear yard garden wall nor the proposed landscape condition revisions require any additional grading, the Planning Commission's ability to make this finding remains unchanged. Section 2: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, 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 4:30 PM on Friday, January 3, 2020 (appeal period automatically extended due to City Hall holiday closure from Tuesday, December 24, 2019 through Wednesday, January 1, 2020). A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 4:30 PM on Friday, January 3, 2020. Section 3: Any challenge to this Resolution and the findings, set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2019- 32, amending Condition Nos. 4, 20, 22, 28 and 31 of P.C. Resolution No. 2001-36 to allow the installation of a 14-inch-tall concrete block wall on the rear-yard property line adjacent to 32353, 32405, and 32413 Sea Raven Drive, to allow foliage to grow up to a maximum height level not to exceed 12 inches above the base of the proposed rear-yard property line wall, respective to the adjacent properties located at 32353, 32405, and 32413 Sea Raven Drive, and to change reference from "Planning, Building, and Code Enforcement" to "Community Development". P.C. Resolution No. 2019-32 Page 5 of 10 PASSED, APPROVED AND ADOPTED this 10th day of December 2019, by the,following vote: AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, AND VICE-CHAIRMAN LEON NOES: COMMISSIONER PERESTAM ABSTENTIONS: NONE RECUSALS: NONE ABSENT: COMMISSIONER SAADATNEJADI Gordon Leon Vice Chairman Ara Mihranian, Ai Acting City Manager/Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2019-32 Page 6 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL GRADING PERMIT NO. 2191 - REVISION "A" CASE NO. PLRV2019-0004 3815 PALOS VERDES DRIVE SOUTH GENERAL 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or 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 approval. 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 approval shall become null and void after one (1) year from the date of approval by the City, unless the approved plans are submitted to the Building and Safety Division to initiate the "plan check" review process. 3. The proposed project shall be constructed in substantial compliance with the plans approved and stamped by the Planning Department with the effective date of this approval. 4. The Director of Community Development ' _ - -••:, : -• :.-e _ -e _ :: - - e - -- -is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. AMENDED PER P.C. RESOLUTION NO. 2019-32 5. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 6. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sundays or on legal holidays. 7. The construction site 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 is not 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. 8. The subject property shall be securely enclosed with a temporary construction fence, not to exceed six (6) feet in height, during the duration of construction. GRADING PERMIT P.C. Resolution No. 2019-32 Page 7 of 10 9. The grading shall not exceed 1,643 cubic yards of earth movement, of which 964 cubic yards consists of cut, 168 cubic yards consists of fill and 511 cubic yards of removal and recompaction. The remaining 796 cubic yards of cut shall be exported off-site. 10.The City's Geotechnical Consultant shall review the project in the "plan check" stage to determine whether further reports and investigation shall be required prior to issuance of building permits. 11.The Director of Public Works shall review and approve a haul route for all exported earth prior to issuance of grading permits. 12.The maximum depth of cut shall not exceed 5' in height (retaining walls integrated into the actual height of the structure shall be excluded). 13.The residence shall not exceed 7,691 square feet, of which 820 square feet will be in the form of a three car attached garage, 3,292 square feet will be situated on the lower level and 3,579 square feet on the upper level. A SQUARE FOOTAGE CERTIFICATION PREPARED BY A REGISTERED SURVEYOR INDICATING THAT THE NEW RESIDENCE DOES NOT EXCEED 7,691 SQUARE FEET, SHALL BE SUBMITTED TO THE BUILDING AND SAFETY DIVISION, PRIOR TO A FRAMING INSPECTION. 14.The structure shall be constructed at a height of 9'-6", as measured from the highest existing grade elevation covered by structure (366') to the top of the highest roof ridgeline (375.5') and 30' in height, as measured from the lowest finished grade elevation covered by structure (346') to the top of the highest roof ridgeline (375.5'). A BUILDING HEIGHT CERTIFICATION IS REQUIRED. 15.The lot coverage requirement for the subject property located in the RS-1 zoning district shall not exceed 25%. The proposed Lot Coverage is 11.8% (see approved plans for calculation breakdown). 16.The following minimum setbacks shall be maintained for the proposed addition: Front Yard: 20'-0" minimum (proposed: 130') Side Yard: 10'-0" minimum (proposed: 12') Rear Yard: 20'-0" minimum (proposed: 110') 17.A minimum of a three car garage shall be maintained at all times with a minimum depth of twenty (20) feet, a minimum width of twenty-seven (27) feet and a minimum vertical clearance of seven (7) feet, as measured from the interior finished walls. 18.The proposed driveway shall not exceed a maximum gradient of 20%, as required by the City's Development Code. P.C. Resolution No. 2019-32 Page 8 of 10 pitched roof to the satisfaction of the Director of Planning, Building and Code Enforcement. AMENDED BY PLANNING COMMISSION MINUTE ORDER ON JANUARY 22, 2002 20.The proposed residence and flat roof shall be finished in an earth tone color deemed acceptable by the Director of Community Development Planning, Building, and Code Enforcement prior to issuance of building permits. AMENDED PER P.C. RESOLUTION NO. 2019-32 21.The proposed trash enclosure shall be visually screened from neighboring properties and the public right-of-way. 22.The proposed wall along the rear yard property line, adjoining the properties located at 32353, 32405, and 32413 Sea Raven Drive, shall be constructed of Concrete Masonry Unit (CMU) or concrete block with a concrete block cap, not to exceed a total of 14 inches in height, as measured from the adjacent grade. The color of the proposed concrete wall and cap shall be earth tone, red or pink, to match the color of the existing rear yard garden wall located at 32345 Sea Raven. Future privacy fences/walls located along the rear property line at 32339 and 32345 Sea Raven Drive shall conform to the height, material and color standards above ' AMENDED PER P.C. RESOLUTION NO. 2019-32 23.The proposed spa shall be enclosed with a minimum 5' high fence, with a self-closing device and a self-latching device located no closer than 4' above the ground. 24.The proposed fence along the front property line shall not exceed 42 inches in height, as measured from the lowest adjacent grade. 25.All mechanical equipment, including but not limited to the spa equipment and air conditioning condenser units, shall be no closer than three (3) feet from the interior side property line and shall not exceed 6' in height. Said equipment shall be adequately screened from the neighboring properties and the right of way. 26.No mechanical equipment shall be permitted on the roof. 27.All hardscape improvements, including the driveway curb cut, located within the public right-of-way (Palos Verdes Drive South) shall require review and approvals from the Director of Public Works prior to issuance of building permits. P.C. Resolution No. 2019-32 Page 9 of 10 28.A Landscape Plan shall be submitted to the Rianning Community Development Department for approval prior to issuance of building permits. The Landscape Plan shall indicate: 1)The location and type of vegetation proposed for the subject property; 2) The preservation of the natural terrain for the slopes towards the rear portion of the lot; and 3) How landscaping will visually screen the structure from Palos Verdes Drive South. Additionally, the plans shall indicate the mature height of all foliage located on the subject property shall not exceed sixteen (16) feet in height or a maximum elevation height of 395' (above sea level), whichever is lower 12 inches above the base of the proposed rear yard property line wall, respective to the adjacent properties located at 32353, 32405, and 32413 Sea Raven Drive. No foliage on the subject property shall significantly impair a view from surrounding viewing areas, as defined by RPVMC Section 17.02.040. Should foliage grow to exceed 12 inches above the base of the proposed rear yard property line wall or grow to a height that significantly impairs a view from a viewing area', then foliage trimming shall be enforced by the City's Code Enforcement Division and shall be trimmed within 30 days of the foliage owner receiving notification of the violation. AMENDED PER P.C. RESOLUTION NO. 2019-32 29.Prior to issuance of grading permits, the property owner shall obtain approvals by the City of an Urban Stormwater Plan that is in conformance with the requirements of the National Pollutant Discharge Elimination System (NPDES). 30.Prior to issuance of grading permits, approvals shall be obtained from the Los Angeles County Fire Department for the proposed project. 31.A lighting plan shall be submitted to the Planning Community Development Department for review and approval by the Director of Community Development e, = -' ='- = - - e - - - e ---- - - prior to issuance of building permits. No outdoor lighting shall be permitted that is directed towards a parcel of property other than that upon which such light source is physically located. Additionally, no lighting shall be permitted where the light source or fixture, if located on a building, above the line of the eaves, or if located on a standard or pole, more than ten (10) feet above grade. Individual, nonreflector, incandescent light bulbs shall not exceed 150 watts per bulb or an aggregate of 1,000 watts for a lot. AMENDED PER P.C. RESOLUTION NO. 2019-32 P.C. Resolution No. 2019-32 Page 10 of 10