PC RES 2008-012 P.C. S LUTl . 2 8-1
RESOLUTION F THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING EIGHT VARIATION AND GRADING
PERMIT FOR THE CONSTRUCTION F A 4,487.5 SINGLE-
FAMILY
INGL -
FA ILY RESIDENCE WITH AN 858 SQUARE O T
PARTIALLY SUBTERRANEAN GA E ON A VACANT
PAD LOT INCLUDING 1,426 CUBIC YARDS OF GRADING,
AND DENYINGWITHOUT PREJUDICE A VARIANCE
(PLANNING A E NO. Z 2 7-00325) FOR A 6'-0" TALL
LL AND GATEIN THE FRONT YARD ET T
30488 I T LANE.
WHEREAS, on September 23, 2008, the property owner, Dr. Hoffman, submitted
applications for Planning Case No. ZON2007-00325 for a Height Variation, Grading Permit
and Variance to allow a new 2-story residence to be constructed on the existing vacant pad
lot with a 6'-0" tall wall within the front yard setback area. On July, 12, 2007, 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,
WHEREAS, on February 8, 2008, the application for Planning Case
No. ZON2007-00325 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
would have a significant effect on the environment and, therefore,the proposed project has
been found to be categorically exempt (Section 15303(e)(2)); 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 25, 2008, 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 4,487.5
square foot two-story residence:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by sending a copy of the plans, via certified mail, to the
property owners within a 500 foot radius. After multiple attempts to obtain the
required number of signatures, the applicant requested permission from the Director
of Planning, Building and Code Enforcement to proceed with a different alternative
as only obtained 14 signatures from property owners within a 500 foot radius
(24.5%) and 6 signatures of landowners within a 100 foot radius(66%). On October
13, 2007, the property owners sent a copy of the plans, via certified mail, to the
property owners within a 500 foot radius who did not sign the"acknowledgement of
early neighbor consultation."
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 and will therefore, not impair a view.
C. The Height Variation is warranted since the proposed two-story addition 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 neighborhood,
on an existing pad lot. The residence is not located on a ridge or a promontory, as
defined in the Municipal Code.
D. The Height Variation is warranted because the main floor of the residence would not
significantly impair a view beyond what would otherwise be permitted "by-right" on
the existing pad lot. The applicant is proposing to excavate to construct a garage
beneath the main floor level of the residence and the applicant is not increasing the
pad elevation, but instead decreasing the lowest finished grade. Further, the
proposed garage would provide direct access to the garage and easier ingress and
egress from Diamonte Lane.Additionally, if the lower-level garage were eliminated,
the main floor of the residence would be permitted "by-right", as it would fall within
the 16720' building envelope for pad lots.
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. The
portions of the proposed project which exceed the 16'-0" "by-right" height limit, do
not create view impairment to a protected view outside of what would otherwise be
permitted "by-right" on the existing building pad.
P.C. Resolution No. 2008-12
Page 2 of 10
F. The proposed structure complies with all other Code requirements, including the
RS-2 zoning district development standards with respect to lot coverage and
setbacks, and the off-street parking requirements for single-family residences.
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 California Ranch architectural style of the
proposed residence would maintain the architectural style found in the immediate
neighborhood including garages that are located beneath the main floor of the
residence.
H. The Height Variation is warranted since the new residence would not create an
unreasonable infringement of the privacy of the occupants of abutting residences.
The majority of the residence is designed in a single-story configuration and the
property owner to the north is at a higher elevation while the property owner to the
east is over 40'-0" away.
Section 2: The Planning Commission makes the following findings of fact with
respect to the Grading Permit to allow the new residence and other ancillary site
improvements can be 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
proposed grading (951 cubic yards of cut and 475 cubic yards of fill) is necessary to
accommodate the new single-family residence and garage.
B. The property was previously graded to accommodate the construction of a new
single-family residence. The majority of the proposed grading (951 cubic yards of
cut) is proposed to construct the garage beneath the main floor of the residence.
The grading would lower the finished grade beneath the exiting building pad by
approximately 10 feet and the proposed grading would result in a lower finished
grade under the building footprint such that the height of the proposed structure is
lower than a structure that could have been built in the same location on the lot if
measured from pre-construction grade. The proposed grading is necessary and the
best alternative in order to provide easier ingress and egress from Diamonte Lane
while creating a residence that is compatible with the surrounding neighborhood.
C. The grading minimizes disturbance to the natural contours and finished contours are
reasonably natural, as the majority of the grading would accommodate the new
garage beneath the main floor level of the proposed residence. The remaining
grading (fill)would occur beneath the proposed residence and terrace area to create
a flat surface area and finished floor for the residence.
P.C. Resolution No. 2008-12
Page 3 of 10
D. The property was previously graded to create a building pad for the construction of
a new residence. Further, the proposed 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 natural topography.
E. The new single-family residence, the grading and/or related construction is
compatible with the immediate neighborhood character. The new residence would
meet the lot coverage, setbacks and structure heights found within the surrounding
neighborhood. Further, the proposed residence is compatible with other residences
in the surrounding neighborhood in terms of scale, materials and architectural style.
F. 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.
G. The grading conforms to the City's standards for grading on slopes, height of cut
and fill, and heights of retaining walls. Specifically, the proposed grading would not
occur on an extreme slope (35% or greater). The proposed grading will not
significantly alter the contours of the lot and no finished slopes that exceed 35%will
be created. Lastly, the project includes one (1) 3'-0" tall upslope retaining wall
adjacent to the driveway.
H. Two (2) upslope retaining walls can be supported within the north side yard area at
a maximum height of 6'-0" as the retaining walls would provide a reasonable
development of land as noted in Section 17.76.040 of the Municipal Code.
Approving the deviations to the grading standards allows the applicant to provide
retaining walls and planting areas that would help support the adjacent slope that is
located near the driveway and residence. Further, retaining walls are common within
the hillside neighborhood. Approval of the two walls would not constitute a special
privilege with the limitations upon other properties in the vicinity due to the hillside
topography. Further, the retaining walls would not be detrimental to the public
safety, nor to other property as the City's geotechnical consultant will be required to
approve a soil engineering report for the grading and retaining walls.
Section 3: The Variance to allow after-the-fact approval of a 6'-0"tall wall cannot
be approved because:
A. There are no exceptional or extraordinary circumstances or conditions applicable to
the property or designated land use that do not apply to other properties in the
same zoning district because corner lots are common in the neighborhood, and
there are alternatives that could achieve the privacy and safety needs of the
property owner without the need of a Variance. Therefore there are no exceptional
or extraordinary circumstances associated with the property.
P.C. Resolution No. 2008-12
Page 4 of 10
B. The proposed wall is not necessary for the preservation and enjoyment of a
substantial property right of the applicant, which is possessed by other property
owners in the same zoning district because there are other alternatives allowed
through the development code that would provide the privacy and safety needs
desired by the property owner without requiring a Variance.
C. Construction of a 6'-0" tall wall within the front yard setback area will be materially
detrimental to the surrounding neighborhood as a wall of this height, located along a
front property line, will cause a significant aesthetic impact to people driving along
Diamonte Lane. Further, approval of a Variance for a wall that exceeds the
maximum allowed height of 42 inches, may set a precedence for other surrounding
properties to exacerbate the potential aesthetic impacts.
D. Construction of a 6'-0"tall wall within the front yard setback would be contrary to the
goals and policies set forth in the General Plan. Specifically, a 6'-0" tall wall within
the front yard setback area would not implement Housing Activiey Policy No. 3 of
the General Plan, as it would not "[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." A wall that exceeds the maximum
allowed height of 42 inches will cause a significant aesthetic impact to the
neighborhood and may set a precedence for future front yards walls in the
neighborhood and throughout the City.
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 25, 2008, 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 and Grading Permit(Planning Case No. ZON2007-00325)for the construction of
a new 4,487.5 square foot residence and an 858 square foot garage, including 1,426 cubic
yards of grading to accommodate the new residence, driveway and terrace, located at
30488 Diamonte Lane, subject to the conditions of approval in the attached Exhibit 'A'.
Further, the Planning Commission denies the applicant's request for a proposed 6'-0"tall
wall along the front property line.
P.C. Resolution No. 2008-12
Page 5 of 10
PASSED,APPROVED, AND ADOPTED this 25th day of March 2008, by the following vote:
AYES: Commissuiners Knight, Lewis, Tetrault and Chairman Gerstner
NOES:
ABSTENTIONS:Commissioner Tomblin X e-
ABSENT:
RECUSED.- Commissioner Perestamand Ruttenberg
Stephen Perestarn
Chairman
Joelj A OS, AICP
A
Dirfictor f Planning(�ilding
anCodj Enforcement; and,
Sec
%t a to the Planning Commission
P.C. Resolution No. 20,08-12
Page 6 of 10
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2007-00325
(Hoffman, 30488 Diamonte Lane)
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. 2008-12
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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 40% lot coverage (34.56% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (25'-0"proposed)
Side 10 feet (I2'-6"proposed)
Street Side 20 feet P8'-6"proposed
Rear 20 feet(40=O"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. The
project includes the construction of a 3-car garage.
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. 2008-12
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.
18. Prior to submittal into Building Plan Check, the applicant shall revise the plans to
remove any reference to the proposed 6'-0" tall wall and/or gate within the 20'-0"
front yard setback area, adjacent to Diamonte Lane. A 6'-0" tall wall was denied.
Height Variation Conditions:
19. This approval is for the construction of a 4,487.5 square foot 2-story residence and
an 858 square foot garage beneath the main floor of the residence. The overall
square footage of the residence and garage would be 5,345.5 BUILDING AREA
CERTIFICATION IS REQUIRED.A LICENSED CIVIL ENGINEER OR SURVEYOR
SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE
SUBMITTED TO THE CITY'S BULDING OFFICIAL FOR REVIEW AND
APPROVAL PRIOR TO BULNG PERMIT FINAL.
20. The new residence shall maintain a maximum height of 15'-5", as measured from
the lowest finished grade adjacent to the building foundation/slab (elev. 115.25')to
the highest ridgeline of the residence (elev. 140.33'), and 26-1", as measured from
the highest elevation of the existing building pad covered by the structure (elev.
124.92') to the highest ridgeline of the residence (elev. 140.33'). BUILDING
HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR
SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL
BE SUBMITTED TO THE CI 'S BUILDING OFFICIAL FOR REVIEW AND
APPROVAL PRIOR TO ROOF FRAMING/SHEETING INSPECTION.
21. The property owner shall maintain all existing and new trees at a maximum height of
16'-0" or the ridgeline of the residence, whichever is lower. The trimming of said
foliage shall occur at least once a year after the initial trimming is performed.
Conditions of Approval that apply from Tentative Parcel Map No. 27090 (Case No.
SUB2003-00006)
22. The property owner shall comply with all applicable conditions of approval set forth
by the Planning Commission Resolution No. 2003-44.
P.C. Resolution No. 2008-12
Page 9 of 10
Grading Permit Conditions
23. One (1) 3'-0" tall upslope retaining wall is permitted adjacent to the proposed
driveway, per the stamped, approved plans.
24. Two (2) upslople retaining walls are permitted adjacent to the north side property
line. The retaining walls shall not exceed a maximum height of 42 inches (3'-0"
proposed)within the front yard setback area, and the same retaining walls shall not
exceed a maximum height of 6'-0" outside of the front yard setback area.
25. The grading shall not exceed a total of 1,426 cubic yards of dirt. Specifically, the
grading shall follow the cut and fill quantities listed below:
Excavation
a) 415 cubic yards of excavation for the residence
b) 197 cubic yards of excavation for the garage
c) 222 cubic yards of excavation for the driveway
d) 117 cubic yards of grading for the side yard
Fill
e) 274 cubic yards of fill beneath the residence
f) 201 cubic yards of fill outside of the building footprint
26. Other than the required spark arrestors, there shall not be any
decorative/architectural features on the tops of the chimneys. Since a spark
arrestor is required for every chimney, the spark arrestor shall be considered part
of the chimney. Therefore, The proposed chimneys shall not be any higher than
the minimum height required by the Uniform Building Code.
27. The spark arrestors on the chimneys shall be the shortest spark arrestor required
by the manufacturers specifications for the type of fireplace installed.
P.C. Resolution No. 2008-12
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