PC RES 2007-037 P.C. RESOLUTION NO. 2007-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VE DES APPROVING A REVISION TO THE
VARIANCE, GRADING, AND SITE PLAN REVIEW (ZON2006-00509) TO
REDUCE THE AMOUNT OF GRADING FROM 526.6YD3 TO 507.8YD3 AND
TO INCREASE THE OVERALL HEIGHT OF THE APPROVED ADDITION
FROM 31.84' TO 33.75' IN HEIGHT, AS MEASURED FROM THE POINT
WHERE THE LOWEST FOUNDATION EET FINISHED GRADE,TO THE
IDGELI E.
WHEREAS, on March 13, 2007, the Planning Commission approved a Variance, Site Plan
Review, and Grading application to allow 525.6 cubic yards of grading to accommodate a 1,408.4
square-foot addition to the upper and lower floor of an existing two-story residence as presented by
a 7-0 vote; and,
WHEREAS, on March 21, 2007, the applicant submitted a revision to the Planning
Commission approved project to reduce the amount of grading and lower the point where the lowest
foundation meets post-construction finished grade, to the ridgeline of the existing residence.
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 Variance, Grading Permit, and Site Plan Review will have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt under
Class 3 (Section 15303); and,
WHEREAS, after notice issued on April 21, 2007 pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on
May 8, 2007, 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: That the approved revision includes a reduction of grading from 525.6yd3 to
507.8yd3 and an increase in the overall height from 31.84' to 33.75' to accommodate retaining walls
and a 1,408.4ft2 addition to the upper, lower, and cabana level in the rear yard of the existing 2-story
residence.
Section 2: That the Variance is warranted since the existing overall height of the subject
property exceeds 30' and thus presents an exceptional circumstance to the property that is usually
not common in other properties in the same zoning district.
Section 3: That the Variance is warranted since the proposed increase in the overall
height is necessary for the preservation and enjoyment of a substantial property right of the
applicant, which right is possessed by other property owners in the immediate neighborhood with
homes that exceed 30' in overall height, as measured from the point where the lowest foundation
meets finished grade, to the ridgeline of the existing structure. Most notably, the immediate abutting
neighbor located south of the subject property has a split level home with an overall height of 34'.
P.C. Resolution No. 2007-37
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Section 4: That the Variance is warranted since the granting of the variance will be an
improvement to the subject property by not having the finished floor below adjacent finished grade
and will not be materially detrimental to the public welfare or injurious to property and improvements
in the area in which the property is located. The proposed improvements are located in the rear yard
of the property which would not be visible from the public right-of-way. and Building permits will be
required to address geology or building related issues with the proposed project.
Section 5: That the Variance is warranted since the proposed 1.91' increase in height is
for an improvement to the existing residence, does not exceed the ridgeline of the existing two-story
structure, and enhances the overall design of the structure, it is consistent with the general plan. In
the General Plan, Urban Environment Policy No. 3 calls upon the city to "Encourage and assist in
the maintenance and improvement of all existing residential neighborhoods so as to maintain
optimum local standards of housing quality and design."
Section 6: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth 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 5:30 PM on Wednesday, May 23, 2007. A
$1,222.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning
Commission's decision will be final at 5:30 PM on May 23, 2007.
Section 7n For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes hereby
approves a revision to the Variance, Grading Permit, and Site Plan Review to conduct 507.8yd3 of
grading and increase the overall height to 33.75' to accommodate retaining walls and a 1408.4ft2
addition (Case No. ZON2006-00509).
PASSED, APPROVED AND ADOPTED this 8t" day of May 2007, by the following vote:
AYES: Commissioners Kn-ight,''Le "s --,R tttn serge' etreault, Vice Chairman Fereatam
NOES: Nome
ABSTENTIONS: None
ABSENT: Commissioner Karts 9 Chairman Gerstner
j,l,�74
A= Bill G 4rstner,
Chairman
Joel Roj s AICP
Director f Planning uilding
and Cod nforcement; and,
Secretary of the Planning Commission
P.C. Resolution No. 2007-37
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Exhibit"A"
Conditions of Approval
Revision to Case No. ZON2006-00509
(Variance, Grading Permit, and Site PlanReview)
4204 Miraleste Drive
General
1. Approval of this revision to Variance, Grading Permit, and Site Plan Review shall not be
construed to mean any waiver of applicable and appropriate zoning regulations, or any
Federal, State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Rancho Palos Verdes Municipal Code
shall apply.
2. The approval shall become null and void after 1 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, pursuant to Section 17.86.070 of the City's Development Code.
This approval shall become null and void if, after initiating the "plan check" review
process, or receiving a building permit to begin construction, said, "plan check" or permit
is allowed to expire or is withdrawn by the applicant.
3. The applicant/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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No
work is permitted on Sundays or legal holidays. Trucks and other construction vehicles
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 above.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties 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.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
P.C. Resolution No. 2007-37
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9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Variance, Grading, and Site Plan Review
10. This revision to the Variance, Grading Permit, and Site Plan Review allows 507.8yd3 of
grading to accommodate retaining walls and a 1,408.4 square foot addition to an existing
2-story residence.
11. The height of the addition and retaining walls shall not exceed the measurements shown
on the stamped plans, approved by the Planning Commission. The maximum height of
the addition shall not exceed 33.75', as measured from the point where the lowest
foundation or slab meets the finished grade, to the ridgeline or highest point of the
structure. The height of the combination wall shall not exceed 5' for the retaining wall
and 3' for the guardrail at top. The garden walls shall be set 3' apart and shall be less
than 3' in height. BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED
CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION.
12. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 20' front, 5'
rear, and 5' sides. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR
REVIEW AND APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
13. The approved project shall maintain 34.33%, but in no case shall exceed 45% maximum
lot coverage.
14. A foliage analysis conducted by staff revealed no existing foliage that significantly
impairs the protected view form any surrounding properties.
P.C. Resolution No. 2007-37
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