PC RES 2008-025 P.C. RESOLUTION NO. 2008-25
RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF
RANCHOPALOS VE DES APPROVING A HEIGHT VARIATION,
GRADING PERMIT AND SITE PLAN REVIEW TO DEMOLISH AN
EXISTING RESIDENCE AND CONDUCT 475YD3 OF GRADING T
ACCOMMODATE A NEW -STORY 4,011.75FT2 RESIDENCE
WITH AN ATTACHED 634.25FT2 GARAGE AT 5501 SHOREVIE
DRIVE (ZO 2007®00546).
WHEREAS, on November 8, 2007, the applicant submitted a Height Variation, Grading
Permit and Site Plan Review application, requesting to demolish an existing single-story
residence and conduct 475yd3 of grading to accommodate a new 26' tall, 4,646ft2 two-story
residence; and,
WHEREAS, on May 6, 2008, staff deemed the Height Variation, Grading Permit and Site
Plan Review application complete; 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), the Planning Commission found no evidence that the Height Variation and Grading
Permit 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, a public notice was published in the Palos Verdes Peninsula News on May
10, 2008, pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, on June 10, 2008, the Planning Commission continued the proposed
project to the July 8, 2008 meeting, in order to allow the applicant additional time to modify the
proposal to address concerns expressed by the Planning Commission; and,
WHEREAS, on July 8, 2008, the Planning Commission held a public hearing, 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 HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed project is a request to demolish an existing single-story
residence and conduct 475yd3 of grading to accommodate a new 23' tall, 4,646ft2 two-story
residence (1,457.75ft2 1St floor, 1,168ft2 2nd floor, 1,386ft2 basement and 634.25ft' garage). The
proposal also includes a 168ft2 attached trellis and a 236ft2 attached patio cover to the rear of
the new residence.
Section 2: That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city. The applicant collected a
total of 43 (39%) landowner signatures within the 500' radius, of which 18 (94%) are within the
100' radius. Additionally, a copy of the plans along with a letter was sent to the Littlebow Home
Owner's Association for any comments.
P.C. Resolution 2008-25
Page 1 of 7
Section 3: That the Height Variation is warranted since the proposed addition to an
existing structure that is above 16' in height does not significantly impair a view from public
property has been identified in the city's general plan or coastal specific plan, as city-designated
viewing areas. There is no public property within close proximity to the project site.
Section 4: That the Height Variation is warranted since the proposed new structure
is not located on a ridge or a promontory. The subject property is located within a fully
developed single-family residential tract.
Section 5: That the Height Variation is warranted since the area of a proposed
addition to an existing structure that is above 16' in height, when considered exclusive of
existing foliage, does not significantly impair a view from the viewing area of another parcel.
The properties to the south. of the subject property with a higher building pad elevation do not
have any protected views from their residence.
Section 6: That the Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character. The proposed residence has a 4:12
pitch gable roof, bay window, extended roof eave, wooden trellis/porch and casement windows
which are consistent with design features found in other homes within the immediate
neighborhood.
The subject property is a flag lot located at the end of a cul-de-sac. The "pole" or the narrow
driveway area that leads from the edge of the street to the building pad area is approximately
1 00f in length. The proposed residence is tucked in at minimum 100' beyond the edge of a cul-
de-sac and will not be readily visible from the public right-of-way.
The length of the proposed two-story portion matches the building footprint of the abutting
neighbor's existing residence. The strategic location of the proposed two-story element
prevents any towering and shadowing affect onto the abutting property by preserving the
"openness" of the abutting neighbor's rear yard. Also, there is existing foliage along the side
property lines between the subject and abutting properties that functions as a privacy barrier.
Although the proposed residence will be the largest and the first 2-story structure in the
immediate neighborhood, due to the location of the structure and its design features, the
proposed project is compatible with the immediate neighborhood character.
Section 7: That the Height Variation is warranted since the proposed addition to an
existing structure that is above 16' in height does not result in an unreasonable infringement of
the privacy of the occupants of abutting residences. The windows along the northwest side
property line afford the occupants of the subject property a view of the abutting neighbor's
rooftop. The master bedroom window facing southwest shall be fixed and of translucent
material to prevent potential privacy impacts to the abutting neighbor.
Section 8: That the Grading Permit is warranted since the grading does not exceed
that which is necessary for the permitted primary use of the lot. The proposed grading is to
accommodate the basement level of a new residence which is the allowed primary use of the
parcel; and therefore, do not exceed what is necessary for the permitted use of the lot.
Section 9: That the Grading Permit is warranted since the proposed grading and/or
related construction does not significantly adversely affect the visual relationships with, nor the
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views from the viewing area of neighboring properties. There is no view impairment caused by
the proposed project.
Section 10: That the Grading Permit is warranted since the nature of the grading
minimizes disturbance to the natural contours and finished contours are reasonably natural.
The entire lot is currently flat and the proposed area for grading is improved with a single family
residence.
Sections 11: That the Grading Permit is warranted since the 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 the natural topography. The subject
parcel is flat and there are no natural topographic features that will be affected by the proposed
project
Section 12: That the Grading Permit is warranted since the grading would not cause
excessive and unnecessary disturbance of the natural landscape or wildlife habitat through
removal of vegetation. The proposed grading area is currently improved with a residence and
the remainder of the parcel does not contain any natural vegetation.
Sections 13: That the Grading Permit is warranted since there is no grading proposed
on slopes equal to or exceeding 35%, no finished slopes greater than 35% is proposed, no cut
or fill exceeds a depth of 5' at any point except for the excavation of a basement, no fill or cut is
proposed on a slope exceeding 50% gradient and no retaining walls exceeding 5' in height other
than for an integral part of a structure is proposed. The area of proposed grading is flat and a 7'
tall retaining wall as part of the basement level is proposed for a light well.
Section 14: 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, July 23,
2008. A $1,344.00 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 July 23, 2008.
Section 1 : 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 the Height.Variation, Grading Permit and Site Plan Review application (Case
No. ZON2007-00546).
P.C. Resolution 2008-25
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PASSED, APPROVED AND ADOPTED this 8th
day of July 2008, by the following vote:
AYES: Commissioner Ruttenberg, Tomblin, Chairman Perestam
NOES: Commissioner Gerstner
RECUSALS: None
ABSTENTIONS: Ndjid
ABSENT: Commissioner Knight, Tetreault, Vice Chairman L
Stephen Perestam,
Chairman
Joel !`�004, AICP
Dire^tor oro Planning, ui Ing
n . ai
and od Enforcemen ; and,
SecrVeryy of the Planning Commission
P.C. Resolution 2008-25
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EXHI IT'
CONDITIONS F APPROVAL FOR
5501 SHOREVIEWDRIVE
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 contained in this Resolution. 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 Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans and any of the conditions of approval if such
modifications will achieve substantially the same results as would strict compliance with
the approved plans and conditions. Otherwise, any substantive change to the project
shall require approval of a revision by the final body that approved the original project,
which may require new and separate environmental review.
5. 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.
6. Failure to comply with and adhere to all of these conditions of approval may 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.
7. 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 this Resolution,
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.
8. 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-
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9. 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 this Resolution.
10. 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.
11. 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.
12. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 52% lot coverage (33% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet (29.5 feet proposed)
Side (NW) 5 feet (9 feet proposed)
Side (SIE) 5 feet (11 feet proposed)
Rear 15 feet (36.5 feet proposed)
13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
14. A minimum 2-car garage shall be maintained, with each required parking space being
individually accessible and maintaining minimum unobstructed dimensions of 9' in width
and 20' in depth, with minimum 7'vertical clearance.
15. 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.
16. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
17. 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.
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Project Specific Conditions:
18. This approval allows the demolition of an existing single-story residence, 475yd3 of
grading to accommodate a new 4,646ft2 two-story residence (1,457.75ft' 1St floor,
1,168ft2 2nd floor, 1,386ft2 basement and 634.25ft2 garage). The proposal also includes a
168ft2 attached trellis and a 236ft2 attached patio cover to the rear of the new residence.
19. The maximum overall height shall not exceed 23', as measured from the point where the
lowest foundation or slab meets the finished grade, to the existing ridgeline of the
structure. 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.
20. 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.
21. Roof eaves may project into required setbacks not more than 6 inches per foot of the
required setback.
22. The master bedroom window (facing SW) on the second floor shall be fixed and of
translucent material.
23. No doorways shall be allowed, creating an access to and from the basement level. The
light well shall remain solely as a means of egress from the basement level.
24. Prior to Building Permit issuance and/or commencement of grading, whichever occurs
first, the applicant shall obtain approval of a haul route from the Director of Public Works.
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