PC RES 2010-035 P.C. RESOLUTION NO. 2010-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION, GRADING PERMIT AND SITE PLAN REVIEW
(CASE NO. ZON2009-00152) TO CONSTRUCT A 23' TALL 1,099FT2
TWO-STORY ADDITION WITH A BALCONY, A 5' TALL RETAINING
WALL AND 65YD3 OF GRADING, AN OUTDOOR BARBECUE AND A
FIREPLACE AT 30675 VIA LA CRESTA.
WHEREAS, on April 27, 2009, a Height Variation, Grading Permit and Site Plan Review
application (Case No. ZON2009-00152) was submitted, requesting to construct a 23' tall,
1,099ft2 two-story addition with a balcony, a 5' tall retaining wall with 65yd3 of grading and other
minor structures in the rear yard.
WHEREAS, on May 11, 2009, the project was deemed incomplete based on insufficient
information; and,
WHEREAS, the property owner submitted additional information and the project was
deemed complete on October 1, 2010; 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 Case No. ZON2009-00152 will
have a significant effect on the environment and, therefore, the proposed project has been
found to be categorically exempt under Class 1 (Section 15301); and,
WHEREAS, a public notice was mailed to all property owners within a 500' radius
from the subject property and published in the Palos Verdes Peninsula News on October 14,
2010 pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on November
23, 2010, 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: A Height Variation to allow the construction of a new 23' tall, 1,099ft2 two-
story addition with a balcony to an existing two-story residence at 30675 Via La Cresta is
warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the city by collecting 70% of the total number of landowners within 100' radius and
25% of the total number of landowners within 500' radius of the subject property.
B. The proposed addition to an existing structure that is above 16' in height does not
significantly impair a view from public property which has been identified in the city's
P.C. Resolution No. 2010-35
Page 1
general plan or coastal specific plan, as city-designated viewing areas, because
none exists within close proximity of the subject property.
C. The proposed new structure is not located on a ridge or a promontory, as defined in
the Development Code.
D. 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. Since the properties along Via La Cresta
are generally at the same elevation and the remaining properties to the north are at
least 25' above the building pad elevation of the subject property, no views would be
impacted by the proposed project.
E. There is no significant cumulative view impairment caused by granting the
application because no view impairment is caused by the proposed project due to
the existing elevations of the surrounding properties.
F. The proposed structure complies with all other code requirements, including but not
limited to setbacks, lot coverage and parking.
G. The proposed structure is compatible with the immediate neighborhood character.
More specifically, the proposed 1,099ft2 addition results in a structure size that is
generally the neighborhood average and will not appear out of scale because most
of the homes in the neighborhood are two-stories with similar style. Additionally, the
proposed second floor is recessed 7'from the front fagade and the proposed balcony
further breaks the apparent mass of the front and side fagades. Furthermore, the
proposed side yard setbacks are larger than what exists on neighboring properties.
H. 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. More specifically, the only areas that would be visible from the proposed
second story windows are the public right-of-way and 25' tall slopes.
Section 2: A Grading Permit to allow the construction of a 5' tall retaining wall with
65yd3 of grading at the toe of an existing slope in the rear yard is warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. More specifically, the proposed additions require a 14.5' hillside setback,
resulting in an excavation of 6 linear feet into the slope. The proposed project
involves only the minimum required to meet the hillside setback (6 linear feet with a
5' tall retaining wall) while preserving the remaining 43 linear feet of the existing
slope.
B. The proposed grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views form the viewing area of
neighboring properties because the proposed grading area is at the toe of an
existing upslope in the rear yard that is not visible from public or private properties.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. More specifically, with exception to the 6 linear feet
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of excavation necessary to meet the City's hillside setback requirement, the
remaining 43 linear feet of the existing slope will be preserved.
D. 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 because other than the minimal
excavation, no man-made slopes are proposed.
E. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because none exists on
the subject property.
F. Grading on slopes exceeding 35% is on a recorded and subdivided lot existing prior
to November 25, 1975, which is not zoned open space/hazard and as conditioned,
will not threaten the public health, safety and welfare. More specifically, the
proposed grading quantity and area meets the minimum necessary to meet the City's
hillside setback requirement while most of the existing slope will remain untouched.
Additionally, the proposed project will be subject to Building & Safety Qivision's
current building codes to prevent any adverse impacts. Furthermore, the proposed
project does not involve creation of slopes, excavation exceeding 5' in depth, fill or
cut exceeding 50% gradient, upsloping retaining walls exceeding 8' in height,
downsloping retaining walls exceeding 3.5' in height, side yard retaining walls,
driveway retaining walls, building related retaining walls, or changes to the existing
driveway.
Section 3: A Site Plan Review to allow the construction of an outdoor barbecue,
fireplace and spa is warranted because it meets the minimum setback and height requirements
of RS-3 zoning district.
Section 4: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, 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,
December 8, 2010. A $2,275.00 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 December 8, 2010.
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 approves, with conditions, Case No.
ZON2009-00152, for a request to construct a 23' tall, 1,099ft2 two-story addition with a balcony,
a 5' tall retaining wall with 65yd3 of grading, an outdoor barbecue, a fireplace and a spa to the
property located at 30675 Via La Cresta.
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PASSED, APPROVED AND ADOPTED this 23d day of November 2010, by the following vote:
AYES: Commissioner Emenhiser, Knight, Leon, Lewis, Vice Chairman Tomblin
NOES: Commissioner Tetreault
ABSTENTIONS: None
RECUSALS: None
ABSENT: Chairman Gerstner _
Bill Gerstner,
Chairman
Joel Kjasj AICP
CorTImunitl Develot Director and
etary
Sec f the PI ing Commission
P.C. Resolution No. 2010-35
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EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO. ZON2009-00152 (30675 Via La Cresta)
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 conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
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 Community Development Director 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 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.
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 Community Development Director 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.
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.
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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. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. 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.
Proiect Specific Conditions:
14. This approval is for the following:
a. A 1,099ft2 addition (168ft2 first floor & 931ft2 second floor) with a balcony;
b. Conduct 65yd3 of grading and construct a 5' tall retaining wall against an existing
upslope in the rear yard;
c. Construct an outdoor barbecue and fireplace in the rear yard; and
d. Relocate spa and sports court;
15. PRIOR TO ISSUANCE OF BUILDING PERMITS, the applicant shall demonstrate the
project's compliance with the South Coast Air Quality Management District Rule 445 and
the City Municipal Code requirements regarding wood-burning devices.
16. The maximum ridgeline of the approved project is 225.03'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a
FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land
surveyor or civil engineer, showing the Finished Floor Elevation at 203.22'.
17. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 45% lot coverage.
18. PRIOR TO BUILDING PERMIT ISSUANCE, all foliage on the property shall be trimmed
and maintained at a level not to exceed the highest ridgeline (225.03') of the residence.
19. The approved residence shall maintain setbacks of 13'-9" front, 80'-0" rear, 8'-8" west
side and 32'-0" east side.
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20. No more than 50% of any existing interior and exterior walls or existing square footage
may be removed or demolished. Residential buildings that are remodeled or renovated
such that 50% or greater of any existing interior or exterior walls or existing square
footage is demolished or removed within a two-year period shall be considered a new
residence and shall then conform to all current development standards for that zoning
district and the most recently adopted version of the Uniform Building Code.
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