PC RES 2007-020 P.C. RESOLUTION NO. 2007-2
RESOLUTION F THE PLANNINGISI F THE
CITY OF RANCHO PALOSVERDES CONDITIONALLY
APPROVING HEIGHT VARIATION, DING PERMIT
AND MINOR EXCEPTION PERMIT (PLANNING CAS
N200 -00449) FOR THE DEMOLITION OF MORE
THAN 50%OF THE EXISTING SINGLE-STORY RESIDENCE
AND THE CONSTRUCTION F A NEW3,686 SQUARE
FOOT 2- T Y RESIDENCE WITH A 128 SQUARE F T
BALCONY; 355 CUBIC YF CUT AND 86 CUBIC
YARDS OF FILL A SOUTHSIDE YARD RETAININGALL
RANGINGIN HEIGHT FROM 3'-0" T 5'-7" L!ITA 37.6"
TALL E N TOP; D iY T SIDE/E YARD
RETAINIG WALL WITH A MAXIMUM HEI HT F '-1'/a",
LOCATED AT 29118 I H E AVENUE.
WHEREAS, on August 21, 2006, the property owners, Steve and BJ Jenneiwein,
submitted applications for Planning Case No. ZON2006-00449 for a Height Variation,
Grading Permit and Minor Exception Permit to allow a new 2-story residence on a pad lot
on Highmore Avenue. On August 31, 2006, staff completed the initial review of the
application, at which time the application was deemed incomplete due to missing
information on the project plans and the need for a geotechnical report. On October 31,
2006, the application was deemed incomplete, pending the geotechnical approval. On
January 25, 2007, Staff received an "in-concept approval for planning purposes" from the
City's geotechnical support staff; and,
WHEREAS, on February 24, 2007, the application for Planning Case
No. ZON2006-00449 was deemed complete by Staff; 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 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), Staff found no evidence that the approval of the requested Height Variation,
Grading Permit or Minor Exception Permit would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15303(a)); 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
March 27, 2007, 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 Planning Commission makes the following findings of fact with
respect to the application for a Height Variation to allow the construction of a 3686 square-
foot two-story(1,897 s.f.-1 st-story, 1,365 s.f.-2nd-story and 424 square foot garage)single-
family residence on the subject property:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 83%of the property owners within a 100-foot radius of the subject property and
32.8% percent of the property owners within a 500-foot radius of the subject
property.
B. The Height Variation is warranted since the proposed two-story residence that
exceeds sixteen feet 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. Specifically, due to the location of the property and
the topography in the immediate area, the proposed structure is not visible from a
public viewing area or viewing site, as defined by the General Plan.
C. The Height Variation is warranted since the proposed two-story residence that
exceeds sixteen feet in height is not located on a ridge or promontory. The subject
property is located within a fully developed single-family residential tract. The tract is
not located on a ridge or a promontory, as defined in the Municipal Code.
D. The proposed new structure that is above sixteen feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing
area of another parcel due to the single-story configuration of the property as seen
from Highmore Avenue and the relative elevations of nearby residences.
E. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. Cumulative view impairment shall
be determined by: (a) considering the amount of view impairment that would be
caused by the proposed new structure that is above sixteen feet in height or addition
to a structure that is above sixteen feet in height; and (b)considering the amount of
view impairment that would be caused by the construction on other parcels of similar
new structures or additions that exceed sixteen feet in height. Due to the
topography, physical development in the area and single-story appearance from the
residential neighborhood, the project does not create view impairment and it does
not contribute towards cumulative view impairment.
F The proposed structure complies with all other Code requirements, including the RS-
4 zoning district development standards with respect to lot coverage and setbacks,
and the off-street parking requirements for single-family residences.
P.C. Resolution No. 2007-20
Page 2 of 10
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass.
The square footage, proposed lot coverage and setbacks are consistent with those
of the surrounding properties. The bungalow design of the proposed residence
would maintain the architectural style found in the immediate neighborhood while the
single-story configuration would minimize the bulk and mass of the new residence.
H. The Height Variation is warranted since the addition to the existing structure that is
above sixteen feet does not result in an unreasonable infringement of the privacy of
the occupants of abutting residences. The applicant is proposing to grade down in
order to accommodate the new lower second-floor as opposed to constructing the
residence from existing grade. As such the proposed structure does not result in an
unreasonable infringement of privacy of the occupants of abutting residences.
Section 28 A Grading Permit for 355 cubic yards of cut and 86 cubic yards of fill to
accommodate a new second floor beneath the new first floor, one upslope retaining wall
along the south side yard, ranging in height from 3'-0" at the west end to 5'-7" at the east
end with a guardrail/fence on top, and a north side yard retaining wall that reaches a
maximum height of 2'-1 Y2" is approved because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. The underlying zoning district is single-family residential. The
grading would minimize the visual impacts and privacy impacts onto and from
neighboring properties. The retaining walls would accommodate the new lower
second-floor while providing structural stability to the slopes of the abutting
properties.
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. The applicant is proposing to grade down to accommodate
the lower second-floor at the rear. Therefore, the proposed new residence would
maintain a single-story configuration as seen from Highmore Avenue with a two-
story appearance as seen from Western Avenue. The properties to the west are
located at higher elevations where their views can be enjoyed across the proposed
16'-2"ridgeline. Further, the proposed retaining walls and related construction would
not significantly adversely affect the visual relationships with, nor views from
neighboring residential properties because the retaining walls would not increase or
decrease the existing grade on the neighboring properties.
C. The grading minimizes disturbance to the natural contours and finished contours are
reasonably natural. Specifically, the south side yard retaining wall would follow the
contours of the existing slope and the north side yard retaining wall would maintain
the existing grade on the high side. The grading at the top of the extreme slope, at
P.C. Resolution No. 2007-20
Page 3 of 10
the rear of the proposed residence, would extend the useable area of the rear yard
while providing easy access to the rear yard from the lower second-floor level.
D. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence
of natural landscape or wildlife habitat on the property.
E. As a new single-family residence, the grading and/or related construction is
compatible with the immediate neighborhood character. The applicant is proposing
to grade down in order to accommodate a second-floor beneath the upper first-floor.
The new two-story residence would maintain a single-story bungalow appearance
from Highmore Avenue.The proposed materials would include stucco finished walls,
red the roof materials, and arched windows and door openings, all which can be
found within the immediate neighborhood.
F. The grading does not conform to the City's standards for heights of retaining walls
within the side yard because the south side yard retaining wall ranges in height from
3'-0"to 6-7", whereas the development code allows a retaining wall on each side of
a lot not to exceed a maximum height of 3'-6". However, the grading permit may be
granted in excess of that permissible by the development because:
a. The criteria of subsections (E)(1) through (E)(8) of Municipal Code Section
17.76.040(E) have been satisfied, and;
b. The approval is consistent with the purposes set forth in the Municipal Code
Section 17.76.040, because the retaining wall would provide additional
support to neighboring property while allowing for a new second-floor
beneath the upper first-floor. Further, the retaining wall and associated
construction of the residence would maintain a single-story bungalow style
appearance as seen from Highmore Avenue while minimizing any potential
view or visual impacts, therefore providing a residence that is compatible with
the surrounding neighborhood, and;
c. A departure from the standards of subsection (E)(9) of Municipal Code
Section 17.76.040.E.,would not constitute a grant of special privileges found
in the surrounding area because restricting the grading and retaining portions
of the wall would prevent a reasonable use of the rear and side yard which is
enjoyed by other residents in the neighborhood while inhibiting the
construction of a lower second-floor, and;
d. Departure from the standards of subsection (E)(9) of this section will not be
detrimental to the public safety nor to other property owners as building
permits and geology approval will be required to be obtained with the review
of engineered drawings and construction of the wall, prior to issuance of a
building permit.
P.C. Resolution No. 2007-20
Page 4 of 10
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for a Minor Exception Permit to allow a 3'-6" tall to 4'-0" tall
guardrail/fence on top of the south side yard retaining wall resulting in a combination wall
that would range in height from 10'-2" at the west end to 6'-0" at the east end, measured
from grade on the low side of the wall. The proposed combination wall would not exceed a
maximum height of 6'-0" as measured from grade on the high side of the wall.
A. The requested minor exception is necessary to avoid inconsistencies with the
general intent of Title 17 of the Municipal Code. The retaining wall and required
guardrail/fence allow for a new residence that is compatible with the surrounding
neighborhood, does not infringe on the privacy enjoyed by abutting properties and
does not obstruct the views from neighboring properties.
S. In addition to the review criteria listed in Chapter 17.66.050, the Planning
Commission finds the following in assessing the application to allow a retaining wall
with a guardrail/fence on top to exceed 8'-0" on the low side:
a. The height of the fence, wall or hedge will not be detrimental to the public
safety and welfare. The guardrail/fence on top of the proposed south side
yard retaining wall would provide a safety barrier for people on the abutting
property so that there is not an unobstructed drop that exceeds 30"from the
neighboring property to the subject property.
b. The line of sight over or through the proposed fence is adequate for safety
and does not significantly impair a view from the viewing area of an adjacent
parcel. Views from the neighboring properties are oriented to the east. The
height of the retaining portion of the combination wall does not exceed the
grading limits set for in the Municipal Code, as the proposed retaining wall is
supported by Staff(see Section 3)
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days
following March 27, 2007, the date of the Planning Commission's final action.
Section 5: 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 conditionally approves a Height
Variation, Grading Permit and Minor Exception Permit (Planning Case No. Z®N2006-
00449) for the construction of a new 3,686 square foot two-story residence where the
second-floor would be located beneath the upper first-floor, 355 cubic yards of cut and 86
cubic yards of fill, a north side yard retaining wall with a maximum height of 2'-1'/2", a south
P.C. Resolution No. 2007-20
Page 5 of 10
side yard retaining wall ranging in height from 3'-0" at the west end to 6-7" at the east end
with a 3'-6"tall to 4'-0"tall fence on top, located at 29118 Highmore Avenue, subject to the
conditions of approval in the attached Exhibit 'A'.
PASSED,APPROVED,AND ADOPTED this 27th day of March 2007, by the following vote:
AYES: Commissioners Karp, Knight, Ruttenberg and Tetreault, Vice Chairman
Perestam, Chairman Gerstner
NOES: none
ABSTENTIONS: pone
ABSENT: Commissioner Lewis
Bill Gerstner
Chairman
JoelAlCt)
Direct V0j 0 S'
f Planning, Building
and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007- 20
Page 6 of 10 '
EXHIBIT 'A'
CONDITIONS APPROVAL FOR
PLANNING E NO. ZON2006-00449
(Jennei ein, 29118 Highmore venue)
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 listed below. Failure to
provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check,the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within
the public rights-of-way.
3. 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.
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
the 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
Department of Planning, Building and Code Enforcement 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.
P.C. Resolution No. 2007-20
Page 7 of 10
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 the Notice of Decision.
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 7:00 PM, Monday
through 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. Trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with
the permitted hours of construction stated in this condition.
11. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 50% lot coverage (47% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (24'-0"proposed for the upper first- floor)
Side 5 feet (5=5" proposed for the north side yard & 7'-7"
proposed for the south side yard)
Rear 15 feet (28'-8"proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 2-car garage shall be provided, with each required parking space being
individually accessible and maintaining minimum unobstructed dimensions of 9 feet
in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
14. 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.
15. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
P.C. Resolution No. 2007-20
Page 8 of 10
16. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by
the City's Building Official. Said portable bathrooms shall be subject to the approval
of the City's Building Official and shall be placed in a location that will minimize
disturbance to the surrounding property owners.
17. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Grading Permit Conditions:
18. Only 441 cubic yards of grading (355 cubic yards of cut and 86 cubic yards of fill)
are approved for this project in order to accommodate a lower second-floor beneath
the upper first-floor.
19. Grading on the existing extreme slope at the rear of the proposed residence shall be
limited to the finished grade elevation of 91.00' for the lower second-floor.
20. The north side yard retaining wall shall not exceed a maximum height of 3'-6" (2'-
1 Y2" proposed)
21. The south side yard retaining wall shall not exceed maximum heights of 3'-0"at the
west end and 5'-791 at the east end, per the approved plans.
22. Prior to issuance of building permits, the applicant shall submit and obtain
approval of a soil engineering report from the City's geotechnical consultant for the
proposed grading, retaining walls and associated construction.
Height Variation Conditions:
23. This approval is for the demolition of more than 50% of the existing 1,378 square
foot single story residence and the construction of a new 3,686 square-foot 2-story
residence. The new residence would include of a 1,897 square foot upper first floor
with a 128 square foot balcony, a 1,365 square foot lower second-floor and a 424
square foot 2-car garage. BUILDING AREA CERTIFICATION IS REQUIRED.
LICENSED CIVIL ENGINEER OR St! VEY SHALL PREPARE THE
CERTIFICATION. TIFI TI ALL BE SUBMITTEDTO THE CITY9
BULDING OFFICIAL FOR REVIEWPP V L PRIOR TO BULDING
PERMIT FINAL.
24. The new residence shall maintain a maximum height of 25'-6", as measured from
the lowest finished grade adjacent to the building foundation/slab (elev. 91.08') to
the highest ridgeline of the residence (elev. 116.58'), and 16-2", as measured from
the highest elevation of the existing building pad covered by the structure (elev.
100.42')to the highest ridgeline of the residence(elev. 116.58'). BUILDING HEIGHT
P.C. Resolution No. 2007-20
Page 9 of 10
CERTIFICATION IS REQUIRED. LICENSED I IL ENGINEER OR SURVE
SHALL PREPARE THE CERTIFICATION. CERTIFICATI HALL BE
SUBMITTED TO THE I BUILDING FFI IAL FOR REVIEW
APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION.
Minor Exception Permit Conditions:
25. The south side yard retaining wall that ranges in height from 3'-0"at the west end to
5'-7"at the east end shall maintain a minimum 3'-6"tall guardrail/fence on top of the
retaining wall.
26. The retaining wall with a fence on top (combination wall),together, shall not exceed
11'-6" (10'-2" proposed) in height as measured from the lower side and 6'-0" (6'-0"
proposed) in height as measured from grade on the higher side.
P.C. Resolution No. 2007-20
Page 10 of 10