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PC RES 2020-013 P.C. RESOLUTION NO. 2020-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A SITE PLAN REVIEW, MAJOR GRADING PERMIT, AND VARIANCE TO CONSTRUCT A NEW 4,594 FT2 (GARAGE INCLUDED) SPLIT-LEVEL RESIDENCE AND ANCILLARY SITE IMPROVEMENTS WITH 1,056 YD3 OF ASSOCIATED GRADING ON A VACANT LOT AT 48 ROCKINGHORSE ROAD (CASE NO. PLSR2019-0065). WHEREAS, on March 7, 2019, David Rentz (Applicant), the owner of the property located at 48 Rockinghorse Road submitted Site Plan Review, Major Grading Permit, and Variance applications to the Community Development Department, requesting approval to construct a new split-level, two-story residence and ancillary site improvements with associated grading on a vacant lot, and WHEREAS, April 5, 2019, Staff completed the initial review of the application, at which time the application was deemed incomplete due to missing information on the project plans. The Applicant submitted additional information on several occasions, and on June 25, 2020, staff deemed the application complete for processing; and WHEREAS, on June 25, 2020, a public notice was published in the Palos Verdes Peninsula News and mailed to all property owners within a 500-foot radius from the subject property, providing a 15-day time period for the submittal of comments; and WHEREAS, on July 14, 2020, the Planning Commission held a public hearing and raised concerns related to the deviations from the grading criteria and variance request for construction on extreme slope and combination walls exceeding 7 feet in height, and continued the public hearing to August 11, 2020, to allow the Applicant an opportunity to work with staff to address the concerns and revise the plans; and WHEREAS, on August 11, 2020, the Planning Commission held a public hearing regarding the revised project plans, the item was continued to August 25th, and subsequently to September 8th to allow additional time for the Applicant to revise the plans; and WHEREAS, August 28, 2020, the Applicant submitted revised plans for the exterior stairway that no longer requires a variance and deviation from the grading criteria in terms of the retaining wall height. In addition, as no revisions were proposed to the residence itself, the silhouette did not require any modifications; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, P.0 Resolution No. 2020-13 Page 1 of 10 California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, the proposed project has been found to be categorically exempt under Section 15303 (New Construction) of the CEQA Guidelines. Specifically, the project involves the construction of a single-family residence in th'e RS-2 zoning district, which is a residential zone. WHEREAS, the Planning Commission held a public hearing on September 8, 2020, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The recitals above are true, and correct incorporated herein by reference. Section 2: The project involves the construction of a new 4,594 ft2 split-level residence and ancillary site improvements with 1,052 yd3 of associated grading on a vacant lot. Section 3: The Site Plan Review is approved for the 4,594 ft2 split-level residence and ancillary site improvements, which include a stairway, patios, outdoor kitchen, walkway, new driveway approach, landscape planters, retaining walls up to 3.5 feet in height, and a new septic tank, as the proposed plan complies with all applicable Code requirements for the RS-2 zoning district. In addition, the residence is compatible with the character of the immediate neighborhood in terms of the scale, architectural style, and setbacks. As proposed, the façade treatment and roof design of the proposed project have incorporated similar architectural features commonly found in other immediate homes such as the smooth stucco finish and wood sidings with a low-pitched gable roof design. Due to the steep transitional slopes surrounding the buildable area, the residence will be notched below the street of access, which will minimize the appearance of bulk and mass. The design of the residence will also incorporate various design features to provide articulation along the facades, including the inclusion of a balcony, roof deck, covered porch, and varied setbacks. Lastly, the project exceeds the minimum required setbacks that allows air, light, and privacy between structures Section 4: The Major Grading Permit to conduct 1,056 yd3 of associated grading (54 yd3 of cut and 1,002 yd3 of fill with 948 yd3 of import) over an extreme slope (i.e., slope steepness 35% or greater) with a maximum depth of cut and fill of 7 feet and 14.7 feet, respectively, is warranted based on the following findings. A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The proposed project is in a RS-2 zoning district in which the primary use of the lot is residential The proposed grading is to notch the proposed residence P.C. Resolution No. 2020-13 Page 2 of 10 into the existing slope and accommodate ancillary site improvements, including, but not limited to, combination walls, usable private outdoor area, and a driveway in the south side yard B. The grading and/or related construction does not significantly adversely affect the visual relationships with nor the views from the viewing area of neighboring properties. Due to the unique bowl-type configuration of the buildable area surrounded by steep transitional slopes, the proposed grading for the residence will have a higher finished grade to create a larger flat area to accommodate the split- level residence. However, as the main floor of the residence will be at least 5 feet lower than the street level with nearly half of the proposed square footage (2,102 ft2) of the lower level constructed even further below the existing grade of the street, the Applicant is able to reduce visual and potential view impacts of the proposed residence. C Most of the grading is proposed under the building footprint and driveway access, with limited grading outside of these areas to regrade the steepness of the front and side yards to gradual slopes so as to blend with the surrounding slopes beyond. Minimal grading is also proposed to the rear yard within the buildable area to accommodate a patio area. The existing contours beyond will be preserved and finished contours are proposed to appear reasonably natural. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. The proposed grading for the project site will be limited to accommodate the primary use of the lot for a split-level residence and ancillary site improvements where the remaining slopes beyond will be preserved and not altered. As part of the revision, the exterior stairway will be angled with finished slopes adjacent to the steps that will align with the existing topography. E. The grading and/or related construction is compatible with the immediate neighborhood character as evidenced in Section 3. F. The grading conforms with the standards for maximum finished slopes, retaining wall heights, and driveway slope steepness. However, grading is proposed on extreme slope for a lot created after City incorporation with a portion of which occurs on slopes over 50% steepness, with a maximum depth of cut and fill exceeding 5 feet (proposed 7 feet of cut and 14.7 feet of fill) The grading may be allowed to deviate from the extreme slope and restricted area grading, and maximum depth of cut or fill as it is consistent with the purposes of a Grading Permit set forth in RPVMC §17.76.040 Specifically, the purpose of the proposed grading is to permit reasonable development of land, ensuring the maximum preservation of natural scenic character of the area consistent with reasonable P.C. Resolution No. 2020-13 Page 3 of 10 economic use of such property, and that such project complies with all goals and polices of the General Plan, any specific plan and any amendments. The proposed deviation is due to the unique topography and conditions of the existing site that resembles a bowl-type configuration with an elevation difference of approximately 20 feet between the street (Rockinghorse Road) and the bottom of the buildable area encumbered by extreme slope to the front and side yards since its creation. The site also contains artificial fill ranging from 3 feet to 10 feet in depth that resulted in the creation of extreme slope conditions Additionally, the grading deviations will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity, as most of the neighboring properties do not have extraordinary topographical constraints on their lots encumbered by extreme slope. Moreover, the proposed grading will not be detrimental to the public safety nor to other properties as, compliance with the Building Code, City's geotechnical consultant approval, and a series of inspections will be required throughout project construction. Lastly, a Notice of Decision will be provided to interested parties and adjacent property owners. Section 5: The variance for the construction on extreme slope is warranted based on the findings required by RPVMC §17.64.050, including extraordinary circumstances of the property, preservation and enjoyment of a substantial property right of the Applicant, no materially detrimental impacts to public welfare or injurious to property and improvements in the area, and consistent with the City's General Plan and Costal Specific Plan. Specifically, the project site was created after City incorporation with a limited buildable area due to a Restricted Use Area and private street easement, as well as extreme slopes encumbering the site that results in a bowl-type configuration. It should be noted that the site contains artificial fill along the front and side yards that were likely constructed when the private road (i.e., Rockinghorse Road) was built as part of the tract development, which resulted in steeper slopes on the project site. The unique topographical constraints of the project site are not common for a majority of the neighboring lots, which were created prior to City incorporation that allowed construction on extreme slope. According to the slope analysis, while more than half (57.4%) of the proposed residential footprint will be built on an existing 8% slope steepness, the amount built on an extreme slope, including slopes as steep as up to, 56%, will be limited to 31.8% of the residential footprint. Section 6: Any interested person aggrieved by this decision or by 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 15 calendar days of the date of this decision, or by 5.30 p m. on Wednesday, September 23, 2020 A $2,275.00 appeal fee must accompany any appeal letter. The City Council's decision is final if no appeal is filed timely: the Planning Commission's decision will be final at 5:30 p.m. on Wednesday, September 23, 2020 P.0 Resolution No. 2020-13 Page 4 of 10 Section 7: Any challenge to the City Council's decision 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 RPVMC. Section 8: 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. 2020- 13, approving a Site Plan Review, Major Grading Permit, and Variance to construct a new 4,594 ft2 (garage included) split-level residence and ancillary site improvements with 1,056 yd3 of associated grading on a vacant lot, subject to the Conditions of Approval contained in the attached Exhibit "A". PASSED, APPROVED AND ADOPTED this 8th day of September 2020 by the following vote AYES: COMMISSIONERS CHURA, HAMILL, SAADATNEJADI, SANTAROSA, VICE- CHAIRMAN PERESTAM, AND CHAIRMAN LEON NOES: COMMISSIONER JAMES ABSTENTIONS. NONE RECUSALS: NONE ABSENT: NONE , d:,----) ''';'pd'r-- Gordon Leon Chair of the Planning Commission /44/4..- Ken Rukavina, P.E. Director of Community Development Secretary of the Planning Commission P.C. Resolution No. 2020-13 Page 5 of 10 EXHIBIT 'A' CONDITIONS OF APPROVAL PLANNING CASE NO. PLSR2019-0065 (SITE PLAN REVIEW, MAJOR GRADING PERMIT, AND VARIANCE) 48 ROCKINGHORSE ROAD General Conditions: 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 Exhibit "A". Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2 The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof(including actions approved by the voters of the City), for or concerning the project. 3. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works 4. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code (RPVMC) shall apply. 5. Pursuant to RPVMC §17.78.040, the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. P.C. Resolution No. 2020-13 Page 6 of 10 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 RPVMC, 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 RPVMC §17.86.060 or administrative citations as described in RPVMC §1.16. 8. If the Applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in RPVMC §17.86 070 within one year of the final effective date of this Notice of Decision, 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 approval. 11. This approval is only for the items described within these conditions and identified on the stamped approved plans and is not an approval of any existing illegal or legal non-conforming structures on the property, unless the approval of such illegal or legal non-conforming structure is specifically identified within these conditions or on the stamped approved plans 12. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner Existing or temporary portable bathrooms shall be provided during construction Portable bathrooms shall be P.C. Resolution No. 2020-13 Page 7 of 10 placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 14. Construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days shall provide temporary construction fencing, as defined in RPVMC §17.56.050(C). Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 15. Permitted hours and days for construction activity are 7.00 AM to 6:00 PM, Monday through Friday, 9:00 AM to 5 00 PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920 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. 16. Exterior residential lighting shall comply with the standards of RPVMC §17 56 030. All exterior lighting shall be so arranged and shielded as to prevent direct illumination of abutting properties and of vehicles passing on the public right-of-way. Luminaries shall be of a low-level indirect and diffused type. All fluorescent bulbs or other lighting under canopies or on the building shall be covered with diffusing lenses and shielded 17. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering 18. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT, whichever occurs first, an earth hauling permit shall be approved by the Public Works Department. 19. The Applicant shall remove the project silhouette within 7 days after a final decision has been rendered and the City's appeal process has been exhausted. Project Specific Conditions 20. This approval shall allow for the following improvements on a down-sloping vacant lot P.C. Resolution No. 2020-13 Page 8 of 10 A. Construct a new 3,865 ft2 split-level residence with an attached 729 ft2 three-car garage, resulting in a total structure size of 4,594 ft2, B. Construct a 252 ft2 covered entry along the front façade; C. Construct a 135 ft2 balcony along the rear façade and a 154 ft2 roof deck along the north façade; D. Construct ancillary site improvements including a stairway, patios, outdoor kitchen, walkway, new driveway approach, landscape planters, a new septic tank, and terraced retaining walls up to 3.5 feet in height, and, E. Conduct 1,056 yd3 of total grading consisting of 54 yd3 of cut and 1,002 yd3 of fill with a maximum cut and fill of 7 feet and 14.7 feet, respectively. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION 21. The height of the proposed residence will be 15.97 feet, as measured from the average elevation of the setback line abutting the street access (elev. 642.03 feet) to the highest proposed roof ridgeline (elev. 658.00 feet); and an overall height of 27.00 feet, as measured from the lowest finished grade adjacent to the structure (elev. 631.00 feet) to the highest proposed roof ridgeline (elev. 658.00 feet) 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 22. The approved residence shall maintain a 10-foot front, 10-foot north side, 10-foot south side and 214.3-foot rear yard setbacks for sloping lots SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer PRIOR TO POURING FOUNDATIONS. 23. Unless modified by the approval of future planning applications, the approved project within the RS-2 zoning district shall maintain a maximum of 23.5% lot coverage. 24. The project site shall maintain a minimum of two enclosed parking spaces at all times. An enclosed parking space shall have an unobstructed ground space of no less than 9 feet in width and 20 feet in depth, with a minimum 7-foot vertical clearance An unenclosed parking space shall have an unobstructed ground space of no less than 9 feet in width by 20 feet in depth. 25. All colors and materials for the structure and roof shall be as shown in the stamped APPROVED plans. 26. Any outdoor furnishings, accessories or plants located on the balcony and roof decks shall not exceed a height of 8 feet or the bottom of the roof eave, whichever is lower, as measured from the finished floor of the deck P.C. Resolution No. 2020-13 Page 9 of 10 27. Any outdoor furnishings, accessories or plants located on the balcony and roof decks which exceed the height limits established in RPVMC §17 02.040, shall not significantly impair a view from surrounding properties. 28. The property owner shall take no action that would interfere with, impede the flow of, or reduce the effectiveness in any manner of the private drain located on the subject property. PRIOR TO BUILDING PERMIT ISSUANCE 29. PRIOR TO ISSUANCE OF BUILDING PERMITS all applicable soils/geotechnical reports, if required by the Building and Safety Division, shall be approved by the City's Geologist. 30. A drainage plan shall be reviewed and approved by the Public Works Department. 31. Review and approval by the Los Angeles County Department of Public Health, Environmental Health Division (Department) is required for the proposed septic tank, including the designation of future expansion areas in the event that the septic system fails. For additional information regarding this review and process, please contact the Department at (888) 700-9995 or by visiting the Departments website at www.publichealth.lacounty.gov/eh PRIOR TO CERTIFICATE OF OCCUPANCY 32. The Applicant shall submit complete Landscape Plans and associated Trust Deposit to the Planning Division for review and approval by the Director of Community Development. The final approved landscaping shall be installed prior to issuance of a Certificate of Occupancy for the residence. The landscape plans may be required to comply with the State of California Water Efficient Landscape requirements, as determined by the City's Landscape Architect. Upon completion of the installation of the landscaped areas or altered landscaped area subject to Chapter 15.34, the project Applicant shall submit a certificate of completion, in the form provided by the City, for review and approval by the Director of Community Development. The certificate of completion shall be executed by either the licensed landscaped architect, licensed landscape contractor or the certified irrigation designer that signed any of the documents submitted as part of the landscape documentation package. 33. 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. P.C. Resolution No. 2020-13 Page 10 of 10