PC RES 2005-011 P.C. RESOLUTION NO. 2005-11
RESOLUTION THE PLANNING- COMMISSION F THE CITY OF
RANCHOPALOS VERDES APPROVINGVERDECASE NO. Z 2004-00 39,
HEIGHT VARIATION PERMIT FOR A NEW 3,429 SQUARE FOOT TWO-
STORY Y E IDE CE MEASURING 25'-10" IN HEIGHT AND A 60
SQUARE F T DETACHED GARAGEA l! IN 16-FEET IN HEIGHT.
THE APPROVAL IS ALSO 2,411 CUBIC YARDS OF REMEDIAL
GRADINGTO ACCOMMODATETHE NEW RESIDENCEGARAGE,
FOR PROPERTY LOCATED AT 4369 DAUNTLESSDRIVE.
WHEREAS, on June 9, 2004, the Director of Planning, Building and Code
Enforcement approved Case No. ZON2004-00171, a Landslide Moratorium Exception
Permit allowing the submittal of a Height Variation and Grading Permit for the construction
of a new two-story single-family residence and detached garage, as permitted by Municipal
Code Section 15.20.040.x; and,
WHEREAS, on October 11, 2004, the property owner Gene Landen submitted Case
No. ZON2004-00539, a Height Variation and Grading Permit for construction of a 3,429
square foot two-story residence measuring 25'-10" in height, a 600 square foot detached
garage measuring 16-feet in height, and 2,411 cubic yards of remedial grading; and,
WHEREAS, on November 10, 2004, the application was deemed incomplete
pending the submittal of additional information and construction of the temporary silhouette;
and,
WHEREAS, upon submittal of additional information, the construction of the
temporary silhouette and submittal of the silhouette certification form, the case was
deemed complete by Staff on January 7, 2005; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Case No. ZON2004-00539 would have a
significant effect on the environment and,therefore, the proposed project has been found to
be categorically exempt under Class 3 (Section 15303) since the project involves the
construction of one new single-family residential structure; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
February 22, 2005, 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 applicant has complied with the Early Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 71.4% of
the property owners within 100-feet of the subject property and 45.9% of the property
owners within 500-feet of the subject property, who have reviewed the plans prior to filing
the application with the City.
Section 2. The proposed two-story residence does not significantly impair a view
from public property which has been identified in the City's General Plan or Coastal Specific
Plan as a City-designated viewing area because there are no such areas that overlook the
subject property.
Section 3m The property is not located on a ridge or promontory as there are other
adjacent parcels with varying pad elevations that were terraced when initially constructed.
Section 4: The proposed two-story residence that is above sixteen feet in height,
when considered exclusive of foliage, does not significantly impair a view from the viewing
area of another parcel. Due to the topography and development in the area, there are no
residences that contain a view in the direction of, or over the subject property.
Section 5: There is no view impairment, as there are no properties with views in
the direction of the subject property, or properties with views over the subject property due
to the topography and physical development of the area.
Section 6m There is no significant cumulative view impairment caused by granting
the application since there is no view impairment created from the proposed new second
story addition.
Section 7e The proposed structure complies with all other Code requirements in
that all the development standards of the RS-3 Zoning District are met and the minimum
setback requirements are exceeded.
Section ® The addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The architectural style, roofing material, exterior finishes,
number of stories and building materials will be consistent with other homes in the
neighborhood. Furthermore, the resulting size of the residence does not deviate from the
characteristics in the immediate neighborhood and its appearance will not be readily visible
from the public rights-of-way.
Section : The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to the distance from the
residence to the west side and because the eastern fagade of the second story will contain
frosted glass so that there is no direct observation upon the residence on the east side.
P.C. Resolution No. 2005-11
Page 2
Section 1 : The remedial grading has been designed in a manner in accordance
with the geotechnical reports compiled for this project and approved by the City Geologist,
which will enhance soil stability and reduce geotechnical hazards attributed by the Klondike
Canyon slide, as is evidenced by the slide plane that traverses the subject property.
Section 11: The importation of fill material from a source outside of the lot as part
of the remedial grading is no more than that which is necessary to enhance soil stability
and reduce geotechnical hazards due to natural land movement or the presence of natural
hazards. A total of 400 cubic yards of fill material will be imported for remediating the slope
at the rear of the lot, which has been identified as a necessary component of the project to
ensure soil stability.
Section 12: The remedial grading is designed to improve surface drainage and to
ensure no ponding or surface runoff. Further, as part of the Building and Safety Division's
"plan check" process, drainage plans will be required to be submitted, reviewed and
approved prior to the issuance of a building permit. The drainage plans will ensure that
runoff and drainage of the site is adequate.
Section 1 : The subject property was developed with a single-family residence,the
majority of the property is flat, while a transitional slope is located along the rear of the site;
thus, there are no natural topographic features at the site. The grading will not adversely
affect the existing topography of the site. The remedial grading under the building
footprints will not raise the grade and the area will continue to be flat. The remedial grading
of the transitional slope will result in a 2:1 slope rather than the existing steeper 1:1 slope.
Section 14: The grading includes provisions for the preservation and introduction of
plant materials to protect slopes from soil erosion and slippage and minimize the visual
effects of grading and construction on hillside areas.
Section 15: There will be no scarring of the natural landscape and vegetation since
there are no natural topographic features as the subject property was originally developed
as part of the larger tract, the subject property was graded and continues to maintain a flat
pad area where the proposed residence will be located.
Section 1 : The 16-foot high detached garage will not result in significant view
impairment since there are no properties with views in the direction of the subject property,
or properties with views over the subject property due to the topography and physical
development of the area.
Section 1 : 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 approves Case No. ZON2004-
00539 for a Height Variation and Grading Permit, thereby allowing a new 3,429 square foot
two-story residence measuring 25'-10" in height, a 600 square foot detached garage
measuring 16-feet in height, and 2,411 cubic yards of remedial grading, subject to the
P.C. Resolution No. 2005-11
Page 3
I
conditions contained in Exhibit "A" attached hereto and made a part hereof, which are
necessary to protect the public health, safety, and welfare.
Section 18: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than March 9, 2005.
PASSED, APPROVED, AND ADOPTED this 22nd day of February 2005, by the following
vote:
AYES: Mueller, Karp, Perestam, Knight, Tetreault
NOES: 0
ABSTENTIONS: 0
ABSENT: Gerstner
Oa�ulfe-treault
Planning Commission Chairman
Joel\ , -�
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2005-11
Page 4
Exhibit "A"
Conditions of Approval
Case No. 2004-00539
(Height Variation & GradingPermit)
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 year from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the"plan
check" review process.
3. Approval is for a new 3,429 square foot two-story residence measuring 25'-10" in
height, a 600 square foot detached garage measuring 16-feet in height, and 2,411 cubic
yards of remedial grading.
4. The following minimum setbacks shall be maintained for the new residence and for the
new detached garage:
Front yard: 20'-0" minimum
Side yard: 5-0" minimum
Rear yard: 15'-0" minimum
SUBJECT TO REVIEWP R V L BY THE BUILDING OFFICIAL, SIDE
YARD SETBACKCERTIFICATIONS ARE REQUIRED Y A LICENSED LAND
SURVEYOR OR ENGINEER PRIOR TO THE POURING F FOOTINGS FOR THE
RESIDENCE AND FOR THE
5. The maximum overall height of the two-story residence shall be limited to 25'-10", as
measured from highest ridgeline of the residence to the lowest finish grade elevation
adjacent to the structure. SUBJECT TO REVIEWAND APPROVAL BY THE
BUILDING FFI I , A RIDGE HEIGHT CERTIFICATION IS REQUIREDY
LICENSED NSURVEYOR ENGINEER I TO INSTALLATION OF ROOF
MATERIALS.
6. The maximum structure size of the two-story residence is limited to a total area of 3,429
square feet. SUBJECTT VIE APPROVAL BY THE BUILDINGOFFICIAL,
A STRUCTURE SIZE CERTIFICATION IS REQUIREDYA LICENSED SURVEYOR,
ENGINEER CMT CT IMMEDIATELY AFTER FRAMING F STRUCTURE.
7. The maximum overall height of the detached garage shall be limited to 16-feet, as
measured from the highest ridgeline of the garage to the lowest finish grade elevation
adjacent to the structure. SUBJECTT I APPROVAL BY THE
P.C. Resolution No. 2005-11
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BUILDING FFI 1 L, A RIDGEHEIGHT CERTIFICATION IS REQUIREDY
LICENSED LAND SURVEYOR OR ENGI I TO INSTALLATION OF ROOF
MATERIALS.
8. The maximum structure size of the detached garage is limited to a total area of 600
square feet. SUBJECT TO REVIEWAND APPROVAL BY THE BUILDING FICI L,
STRUCTURE IZ CERTIFICATION IS REQUIREDY A LICENSED VEY ,
ENGINEER ARCHITECT I E I T LY AFTER FRAMINGF STRUCTURE.
9. A minimum of two enclosed garage spaces shall be maintained, with each space being
individually accessed and each maintaining a minimum unobstructed dimension of 9-
feet-wide by 20-feet-deep by 7-feet-vertical clearance.
10.The garage shall not be permitted to contain an upper level over the parking spaces.
11.The second story windows along the eastern fagade shall contain frosted or translucent
glass.
12.Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
13.Due to the subject property's location in the RS-3 zoning district, a maximum of forty-
five (45%) percent lot coverage shall be allowed on the lot (proposed: 25.7%).
14.A maximum total of 2,411 cubic yards of remedial grading (cumulative cut and fill) is
approved with this permit.
15.The upper retaining wall shall be no taller than 5-feet in height, as measured from the
top of the wall to adjacent finish grade.
16.The remediated slope shall be landscaped. Said landscaping shall be planted prior to
building permit final to the satisfaction of the Director of Planning, Building and Code
Enforcement.
17.Foliage and/or shrubbery shall be planted along the perimeter of the upper retaining
wall to soften the appearance of the wall. Said foliage and/or shrubbery shall be
planted prior to building permit final to the satisfaction of the Director of Planning,
Building and Code Enforcement.
18.Prior to issuance of Grading Permits, the landowner shall submit a plan for hauling
routes and a hauling schedule for review and approval by the Director of Public Works.
All hauling trucks shall be covered so that no soil, rocks, or other debris may escape the
truck during transport.
19.Compliance with all conditions associated with the geotechnical reports, as approved by
the City Geologist, is required.
P.C. Resolution No. 2005-11
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20.In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
21.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.
22.The construction site and all adjacent private and public property 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.
23.The maximum eave projection allowed into the required setback areas shall not exceed
6-inches for each 1-foot of required setback.
24.The construction site shall be temporarily enclosed with a six(6e-0")foot high chain-link
fence during the length of construction of the residential structure.
25.The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
P.C. Resolution No. 2005-11
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