CITY OF LA HABRA HEIGHTS PLANNING COMMISSION RESOLUTION NO

Transcription

1 CITY OF LA HABRA HEIGHTS PLANNING COMMISSION RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA HEIGHTS APPROVING STANDARDS MODIFICATION (PRJ ) FOR RETAINING WALL LOCATED AT 840 PICAACHO ROAD THE PLANNING COMMISSION OF THE CITY OF LA HABRA HEIGHTS HEREBY FINDS, ORDERS, AND RESOLVES AS FOLLOWS: Section 1. Application Submitted. In accordance with Sections 7.17 of the La Habra Heights Municipal Code, EJD Engineering represented by Ernest J. De Leon, the applicant, has submitted an application for a Standards Modification with respect to increased retaining wall height, and a decrease in retaining wall setbacks, for retaining walls constructed without permits at 840 Picaacho Road (assessor s number also known PRJ ). Section 2. CEQA Exemption. The proposed project has been reviewed environmentally and has been determined to be Categorical Exempt pursuant to Section (Existing Facilities) of the California Environmental Quality Act (CEQA). The proposed project is considered an accessory structure per Section l.4. as it consists of walls and an enclosed patio. Section 4. Public Hearing Held. On June 25, 2013 the Planning Commission held a duly noticed public hearing to consider the project; evidence, both written and oral was presented at the hearing. Section 4. Findings. In considering the Standard Modification application, the Planning Commission concludes that each of the required findings can be made, for the following reasons: Standards Modifications & Findings 1. The requested modification will not significantly impair the neighbors privacy or enjoyment of their properties. The project as conditioned will not result in an adverse impact related to community or neighborhood character, the retaining walls are located in the rear yard area of the existing home down slope from the public right-of-way and screened from the adjacent neighbor with trees and landscaping. The area that work has taken place is screened with large trees that will not be removed limiting any impact on neighbor s privacy or the enjoyment of their properties. 2. The requested modification will not significantly impair: (a) a primary view, or (b) a distant view from a public street or right-of-way. The retaining walls are located on down slope with the wall only visible to the property to the southeast that is below the subject site. The retaining walls that are visible to this neighbor are screened with existing trees and landscaping. As a result, the Requested Standards Modifications do not significantly affect any primary or distant views. 3. The requested modification minimizes the adverse impacts on protected views as compared to other reasonable and practical alternatives. The project, even with the Requested Standards Modifications, is not sited within a protected view of any neighboring lots, and is in fact located in an area that places it above

2 or below adjacent properties. As such, there is no need for reasonable and practical alternatives. 4. The requested modification will blend into the natural setting and will not result in an appearance that is significantly altered from one of pastoral or natural features to one primarily of man-made features. The project will blend into the natural setting and will not result in an appearance that is significantly altered from one of pastoral or natural features to one primarily of man-made features. The applicant is proposing to legalize the construction of retaining walls installed to provide additional privacy to the property, reduce the possibility of slope failure and provide the homeowner with more use of their rear yard area. The walls are abundantly screened by landscaping to blend the project with its natural setting. The existing mature trees on-site will also be retained to assist in screening the walls. 5. The strict adherence to the standards will impose and economic burden that is disproportionate in relation to the impact of the modification being sought. The strict adherence to the standards will impose an economic burden that is disproportionate in relation to the impact of the modification being sought. For, the modification being sought is fairly insignificant, and the economic burden of a denial would not be equitable with the other developments in the neighborhood. 6. Existing nonconformities will not be exacerbated by the requested modification and, to the extent practical, have been mitigated to conform to the Performance Standards of the Municipal Code. The project site was developed in 1983 and is considered legal non-conforming in regards to existing setbacks for the residence. As no improvements are proposed to the residence and all retaining walls will comply with the Municipal Code with approval of a Standards Modification no existing nonconformities will be exacerbated by the requested modification. 7. Conditions of approval will mitigate any adverse effects to the degree required to ensure conformance with the Performance Standards applicable to the requested Standards Modification. Precise grading plans will be required to ensure that all water is property diverted and maintained onsite as required by the City Engineer. Modification of Grading, Retaining Walls and Retaining Wall Setbacks 1. The full development plan that requires the grading has been provided and approved. Limited grading has taken place for the construction of the retaining walls. The retaining walls retain existing slopes and per review of the site plan which shows topography of the site and provides all required grading notes, the plan has been deemed acceptable by the Building Official. 2. The proposed grading, cuts, fills and retaining walls will minimize potential impacts on community and neighborhood character, natural topography, and ridgelines. The proposed grading, cuts, fills and retaining walls conform the development to the site and mimic natural landform. The retaining walls have been installed to increase the use of the rear yard, retain existing Page 2 of 8

3 slopes that the homeowner feared would fail and provide additional privacy from the adjacent residence to the southeast. The walls are located in an area that is not visible to the public right-of-way and conform to the development of the site. The design of the project has taken into consideration the neighborhood character, natural topography and ridgelines and has limited retaining walls to those areas for use of the rear yard only. 3. The proposed grading, cuts, fills and retaining walls facilitate onsite water retention, do not substantially increase drainage onto roads, do not create not increase erosion or flooding, and do not adversely impact or will improve the pre-existing natural storm water drainage patterns. The proposed project has been reviewed by the Building official and has been determined to meet all requirements in regards to water retention, drainage, and erosion. Additionally, conditions of approval will require precise grading plans to be submitted and conform with all Building Code requirements. 4. The visual impact of the proposed grading, cuts, fills and retaining walls will be mitigated by the submitted architectural and landscape plans. Architectural plans have been submitted and show that the visual impact of the proposed project will be mitigated with existing landscaping and the amount of grading has been limited with the proposed site design. Section 5. Standards Modifications and Conditions. Based upon the foregoing, the Planning Commission approves Standards Modification PRJ consisting of the following standards modifications and subject to the conditions noted below: Standards Modifications 1) Reduced Retaining Wall Setback and Height: Permit retaining walls that exceed 3 feet in height to have a minimum setback of 3 feet from the property line. Allow an increase of 4 feet in height for retaining walls associated with an accessory use in the rear yard area. Conditions of Approval Planning Division Conditions 1. This approval is valid until June 25, If building permits are not issued, or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. 2. The chain link fencing located in line with the retaining wall along the southeast property line shall be reduced to a maximum height of 6 feet and all mesh screening shall be removed. 3. The removal of any significant trees on the property shall require approval of a tree permit. Permit application procedures are identified in Article 8 of the Municipal Code. No more than four (4) non-significant trees or twenty-five percent (25%) of the non-significant trees, whichever is less, may be removed in any twelve month period without a tree removal permit. If trees need to be removed to facilitate the house construction, the landscaping plan will need to demonstrate the tree replacement ratio of at least 1 to 1 for insignificant trees and 2 to 1 for significant trees. 4. The construction documents submitted to the Building Division for plan check shall be in Page 3 of 8

4 substantial conformance with the plans approved by the Planning Division. If the plan check submittal is not in substantial compliance with the approved plans, additional staff review and re-notification to the surrounding property owners may be required, which may delay implementation of the project. 5. A property owner/applicant seeking a permit required by the Municipal Code shall allow the City access to any premises or property that is the subject of, or used in connection with, the permit. If the permit is granted, the owner or applicant shall allow the City continued access to the premises to determine compliance with any permit Conditions of Approval (LHHMC E). 6. Metal Roofs that are reflective and/or create glare are prohibited. Exposed gutters, downspouts, flashing, sheet metal, vent stacks and pipes shall be painted or otherwise treated to match the architectural style of adjacent roofs or walls to minimize their visibility. Chimneys, cupolas, exposed wood beams, roof overhangs, and trellises consistent with the primary residential design are all acceptable and encouraged roof features as a means to break up a straight roof line. Skylights and solar panels are permitted but shall be integrated with the roof slope and architectural design of the building. (LHHMC R) 7. Temporary erosion control measures shall be installed and maintained in good order until such time as the permanent controls are in place. The applicant shall ensure that city staff has review the effectiveness any temporary erosion control measures annually prior to each October 1st. 8. The applicant and the property owner agrees that the City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorneys fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this approval, or the activities conducted pursuant to this approval. Accordingly, to the fullest extent permitted by law, the applicant and property owner shall defend, indemnify and hold harmless the City, its employees, agents and officials from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorneys fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this approval, or the activities conducted pursuant to this approval. Applicant and property owner shall pay such obligations as they are incurred by the City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 9. The developer shall submit a Waste Management Plan (WMP) for the approval by the Community Development Director. The WMP shall include the following information, calculated with the conversion rate, and shall be attested by the property owner or applicant, under penalty of perjury, as true and correct for all stated facts and a best estimate based on all information reasonably available: Estimated volume or weight of construction and demolition debris, listed for each material. Estimated volume or weight of construction and debris that can be diverted listed for each material. Estimated volume or weight of construction and debris that will be land filled as solid waste. Identification of vendor or facility that will collect or receive the construction or Page 4 of 8

5 demolition debris, or the ones to demolish the structure and remove such debris. Estimated date on which demolition or construction is to commence. 10. Upon completion of new construction and prior to issuance of a Certificate of Occupancy, the applicant shall submit a Compliance Report, under penalty of perjury, to the Community Development Director. The report shall include the following: Dates construction actually started. Actual volume or weight of construction and demolition debris listed for each material. Actual volume or weight of construction and demolition debris that was diverted listed for each material. Specification of method used to determine the volumes and weights and certification that the method used was the most accurate, commercially reasonable method available. Original receipts from vendors and facilities, which collected or received construction and demolition debris, indicating actual weights and volumes received by each. 11. Final approval of the Standards Modification is not granted until 1) all outstanding processing fees have been paid to the City, and 2) the applicant/owner accepts all Conditions of Approval set forth in this Standards Modification report. Building Division Conditions 1. All requirements of the Building and Safety Department shall be compiled prior to the final approval of the proposed construction. 2. Applicant shall design all structures to comply with the requirements of Materials and Construction Methods for Exterior Wildlife Exposure of the California Building Code including, but not limited to: a. Roofs shall be Class A. (CBC ) b. Exterior walls shall be one-hour fire resistance construction. (CBC 704A.3.) c. Glazing shall be multi-pane glazing units with at least one tempered pane. (CBC 704A.3.) d. Accessory structures, such as patio covers, decks, and trellises, shall be one-hour fire resistance construction, heavy timber construction or noncombustible construction. (CBC 704A.2. and.3.) e. Appendages and projections, such as balconies, eaves, exterior stairs, and similar structures, shall be one-hour fire resistance construction, heavy timber construction or noncombustible construction. (CBC 704A.4.) f. Chimneys shall be equipped with approved spark arrestors. (CBC 704A.3.) 3. Building construction shall comply with the requirements for construction in a Very High Fire Hazard Severity Zone. 4. The applicant shall submit a precise grading plan which shall conform to the City s Grading Ordinance and Los Angeles County Building Code Standards. The Building Official will review and approve the grading plan. The plan shall be stamped and signed by a California State Registered Civil Engineer. 5. Applicant shall provide a soils report addressing soils conditions on-site with the Plan Check submittal. Uncompacted soils shall be regarded in accordance with the Soils Engineer s recommendations and shall be subject to the Building Official s approval. Page 5 of 8

6 6. The proposed development shall comply with the current SUSMP requirements to the satisfaction of the Building Official and City Engineer and the State of California Regional Water Quality Control Board to prevent and control the entry of pollutants from storm runoff into the City s storm drain system. Please refer to the City s Stormwater Quality Guidelines for specific comments and requirements. 7. The contractor shall take every step necessary to contain all dirt, construction materials, and construction run-off on site. No grading or construction-related debris, either directly or indirectly carried by water, will be permitted to leave the construction site. 8. All grading projects require an Erosion Control Plan as part of the grading plans. Grading permits will not be issued until an Erosion Control Plan is approved. 9. Applicant shall provide on-site storm drain improvements to the satisfaction of the Building Official and City Engineer. Water runoff shall be directed to a dry well or other device that will limit the amount of runoff that reaches the street. Public Works/Engineering Division Conditions 1. A City Encroachment Permit shall be obtained for all work undertaken in the public right-ofway. All work shall be done in accordance with City Standards and Standard Specifications for Public Works Construction (Green Book), latest edition and to the satisfaction of the City Engineer and shall be completed before issuance of Certificate of Occupancy. 2. Prepare and submit 2 sets of improvement plans for any work in the right of way. Plans shall be stamped and signed by a California State Registered Civil Engineer. 3. A bond or other acceptable form of security shall be posted with the City in an amount sufficient to cover the cost of off-site work to be performed, as determined by the City Engineer. Neither a building permit nor encroachment permit will be issued until the bond is posted. 4. All work, within public right-of-way, shall be provided with construction traffic control in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. 5. Applicant shall provide the City with a truck route and schedule for vehicles entering or leaving the site for review and approval by the City Engineer. Any approval may include conditions. The truck schedule shall be coordinated so as not to interfere with any school pick-up or drop-off schedule. 6. No cuts will be permitted to be made to any of the City streets. If access to city streets is necessary, an encroachment permit shall be obtained, and any all utilities that are to be installed shall be installed via boring under the street. The property owner/applicant shall obtain an encroachment permit for any driveway approach in the public right-of-way. 7. Within the public right-of-way utility meters shall be located as far back from the edge of payment as possible and shall be shielded from public view. 8. A $5,000 bond shall be posted for possible street damage if deemed necessary by the Public Works Manager. Where an applicant is required to provide adequate security to guarantee the faithful performance, proper completion and/or maintenance of any approved work and/or compliance with Conditions of Approval the following provisions apply: a. The required security shall be in the form of a cash or equivalent deposit made Page 6 of 8

7 payable to the City of La Habra Heights. b. Required security shall be retained by the City until the City determines the work, including ongoing maintenance obligations, has been completed, or one (1) year after the date of final inspection, whichever is sooner. c. However, if applicant fails to (1) complete the work, (2) comply with all of the terms of any applicable approval; or (3) properly complete the improvements, the City shall be entitled to the security. The City shall use the security for all costs and expenses incurred by the City in curing the aforementioned deficiencies, including the costs of completing any of the work and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the applicant. If the security is insufficient to cure the deficiencies, the property owner and applicant shall provide additional monies as needed by the City for this purposes. 9. All contractors/sub-contractors/consultants are to park their vehicles on the subject property. At no time will any vehicles be permitted to park on the street. The developer will follow the truck route plan, which shall be subject to the City s approval. Fire Department Conditions 1. The structure shall be fitted with an Automatic Fire Sprinkler System, including all attic space. This system must be designed and install under a C16 license. 2. The proposed development must have a turnaround capability within 150 feet of a paved roadway to the structure. Additionally, a fire hydrant must be provided within 600 feet of the proposed structure. 3. The applicant shall acknowledge that City Council has designated every parcel within the boundaries of the City as being located in a Very High Fire Hazard Severity Zone as defined in Section et seq. of the Government Code. 4. The Fire Chief will be empowered to mandate a curtailment of certain activities during periods where the risk of fire, including wildfire, is higher than normal. 5. Specific zones of the property are subject to fuel modification requirements. These fuel modification requirements are designed to lessen the potential for wildfire. Fire fuel modification zones will be installed and maintained around all structures pursuant to the following Fuel Modification Zone requirements. A. Zone 1 extends to a minimum of thirty (30) feet from any structure. This zone is the fuel modification wet zone requiring fire resistant vegetation and irrigation systems. Land within this zone must be free of debris, dead wood, branches touching the ground, and other dry or dead vegetation. B. Zone 2 extends from Zone 1 to a minimum of one hundred (100) feet from any structure, regardless of where such structure is located plus any area within 12 feet of the edge of the pavement on any public road or private residential access road. This zone requires either fire resistant and irrigated landscaping or other plant materials (including native species) thinned by a minimum of fifty (50) percent. Land within this zone must be free of debris, dead wood, branches touching the ground, and other dry or dead vegetation. C. Zone 3 extends from Zone 2 to a minimum of two hundred (200) feet from any Page 7 of 8

8 structure, regardless of where such structure is located. This zone requires either fire-resistant and irrigated landscaping or other plan materials (including native species) thinned by a minimum of thirty (30) percent. Land within this zone must be free of debris, dead wood, branches touching the ground, and other dry or dead vegetation. 6. All habitable structures must be equipped with an automatic natural gas seismic shut-off valve. Section 6. Certification. The Secretary of the Planning Commission shall certify the adoption of this Resolution. The Secretary of the Planning Commission shall mail a copy of this resolution to the applicant along with proof of mailing. Section of the Code of Civil Procedure governs the time in which judicial review of this decision may be sought. APPROVED this 25th day of June 2013 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Larry Black, Chair ATTEST: Katherine Leazer, Secretary and City Planner Page 8 of 8