PC RES 2011-010 P.C. RESOLUTION NO. 2011-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION,
GRADING PERMIT AND SITE PLAN REVIEW, FOR THE DEMOLITION
OF AN EXISTING RESIDENCE, CONDUCT 649YD3 OF GRADING,
CONSTRUCT A NEW 25.5' TALL 6,094FT2 TWO-STORY RESIDENCE,
A 12' TALL 352FT2 DETACHED POOL HOUSE AND A SWIMMING
POOL TO A PROPERTY LOCATED AT 73 HEADLAND DRIVE.
WHEREAS, on September 3, 2010, the applicant (Don W. Thursby) submitted Height
Variation, Grading Permit and Site Plan Review applications, requesting to demolish an existing
single-story residence, conduct 649yd3 of grading and construct a new 25.5' tall 6,094ft2 two-
story residence, a 12' tall 352ft2 detached pool house and a swimming pool at 73 Headland
Drive; and
WHEREAS, on September 16, 2010, staff deemed the proposed project incomplete
based on missing information; and,
WHEREAS, the applicant submitted additional information and staff deemed the project
complete on January 17, 2011; and,
WHEREAS, a notice was published on January 20, 2011, pursuant to the requirements
of the Rancho Palos Verdes Development Code; 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, Grading Permit and Site Plan Review will have a significant effect on
the environment and, therefore, the project has been found to be categorically exempt
under Class 3 (Section 15303); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February
22, 2011, 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 demolition of an existing single-story
residence and the construction of a 25.5' tall 6,094ft2 two-story residence with 649yd3 of grading
can be warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the City by collecting 29% of the landowner signatures within the 500' radius and
85% within the 100' radius.
P.C. Resolution No. 2011-10
Page 1 of 7
B. The proposed addition to an existing structure that is above 16' 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, since none exist in
close proximity.
C. The proposed new structure is located within a fully developed residential tract is not
on a ridge or a promontory, as defined in the Development Code.
D. The area of a proposed new 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.
E. There is no significant cumulative view impairment caused by granting the
application.
F. The proposed structure complies with all other code requirements, including but not
limited to setbacks and open space restrictions, as well as any specific conditions
associated with the pertinent tract approval.
G. The proposed structure is compatible with the immediate neighborhood character.
Although the size of the proposed structure is double the average, but smaller than
the largest home in the neighborhood, the resulting structure would not appear out of
scale. The primary reason is because the building pad of the subject property is
located lower than the street level and portions of the first floor would not be visible
from Headland Drive. Additionally, the proposed project is designed with varying
setbacks and roof planes, resulting in a project that does not appear bulky or
massive. Furthermore, the architectural style, roof design, setbacks, height, open
space, building materials and number of stories is consistent with what exists on
neighboring properties.
H. The proposed new 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, there are no windows proposed on both sides of the new second
floor and the proposed balconies to the rear is approximately 40' away from each
side property line.
Section 2: A Grading Permit to allow 649yd3 of grading to accommodate a new two-
story residence can be warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The permitted primary use of the lot is to provide for an individual dwelling
and the proposed grading quantity is for the construction of a new residence and
improvements outside the building footprint.
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. More specifically, the proposed grading results in a lower
finished grade under the building footprint such that the height of the proposed
structure is lower than a structure that would have been built in the same location on
the lot if measured from preconstruction (existing) grade.
P.C. Resolution No. 2011-10
Page 2 of 7
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. More specifically, the proposed grading area does
not contain any natural contours.
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. More specifically, the proposed
grading area does not contain any natural contours.
E. The grading and/or related construction is compatible with the immediate
neighborhood character, as described in Section 1G.
F. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation as none exist on the
subject property.
G. The grading conforms to the following standards:
L No grading is proposed on slopes equal to or exceeding 35%;
ii. No finished slopes greater than 35% are created;
iii. No fill or cut are on slopes exceeding 50%;
iv. No retaining walls exceed 3.5' in height in the front or streetside setback;
v. No retaining walls are proposed adjacent to a driveway; and,
vi. No retaining walls exceed 8' in height.
H. Constructing a downslope retaining wall in excess of the permissible 3.5' is
warranted. Specifically, the downslope retaining wall adjacent to the new detached
pool house is proposed at 5.75' in height. This deviation is warranted because:
L The. criteria of subsections (E)(1) through (E)(8) of RPVMC §17.76.040(E) are
satisfied.
ii. The approval is consistent with the purposes of the Grading Permit which is to
"permit reasonable development of land, ensuring the maximum preservation of
natural scenic character of the area consistent with reasonable economic use of
such property, and ensuring that each project complies with all goals and policies
of the General Plan" More specifically, the proposed grading and related
retaining walls allows for reasonable development of the intended use of the
property without adversely affecting surrounding properties while consistent with
the land use designation for the area.
iii. Departure from the standards in subsection (E)(9) of RPVMC §17.76.040(E) will
not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity because there are similar improvements that exist
on topographically comparable properties along Headland Drive.
P.C. Resolution No. 2011-10
Page 3 of 7
other properties in the vicinity because there are similar improvements that exist
on topographically comparable properties along Headland Drive.
iv. Departure from the standards of subsection (E)(9) of RPVMC §17.76.040(E) will
not be detrimental to the public safety nor to other property because constructing
a retaining wall 2.25' taller in height cannot be seen or accessed by anyone
except for the occupants.
Section 3: A Site Plan Review for a detached pool house, swimming pool, spa and
barbeque area can be warranted because it meets all City development guidelines, including
heights, setbacks and lot coverage.
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 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, March 9,
2011. 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 March 9, 2011.
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, a Height Variation, Grading
Permit and Site Plan Review for the demolition of an existing residence, 549yd3 of grading and
the construction of a new 25.5' tall, 6,094ft2 two-story residence, a 12' tall 352ft2 detached pool
house, swimming pool and spa to property located at 73 Headland Drive (Case No. ZON2010-
00310).
PASSED, APPROVED AND ADOPTED this 22nd day of February 2011, by the following vote:
AYES: Commissioners Gerstner, Vice Chairman Tetreault, Chairman Tomblin
NOES: Commissioners Emenhiser, Knight
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Leon, Lewis
David L. Tomb in
Chairman
Joel Rojas Al P
Communi y D velopme t irector and
Secretary f e Planning Commission
P.C. Resolution No. 2011-10
Page 4 of 7
EXHIBIT'A'
CONDITIONS OF APPROVAL FOR ZON2010-00310
73 HEADLAND DRIVE
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 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.
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.
P.C. Resolution No. 2011-10
Page 5of7
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:
■ 5,088ft2 habitable area (3,994ft2 1St floor& 1,094ft2 2nd floor);
■ 1,066ft2 attached three-car garage;
■ A swimming pool and spa to the rear;
■ A 352ft2 detached pool house to the rear;
■ Three separate balconies to the rear, measuring a cumulative total of 50ft2;
■ A covered porch and an outdoor barbeque to the rear of the residence;
■ 649yd3 of grading; and,
■ Retaining wall up to 5.75' in height in the rear yard, adjacent to the pool house.
15. The applicant shall lower the post-construction grade adjacent to the foundation wall of
the detached pool house, as shown on the plans presented to the Planning Commission
on February 22, 2011 (88.25 elevation) by 1' so that the overall height of the detached
pool house shall not exceed 12' in height, as measured from the new lowest grade
(87.25' elevation). Revised plans reflecting this change shall be submitted to the
satisfaction of the Director, prior to plan check submittal.
16. The pool equipment area shall be covered and/or partially enclosed to the satisfaction of
the Director to minimize noise impacts to abutting properties.
17. The maximum ridgeline of the approved project is 119.75'. 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 96'.
P.C. Resolution No. 2011-10
Page 6of7
18. The approved residence shall maintain setbacks of 20' front, 73' (to house and 34.3' to
pool house) rear, 16.5' north side and 5' south side. BUILDING SETBACK
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to foundation forms inspection.
19. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage.
20. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
21. A minimum 3 enclosed parking spaces shall be provided and maintained in a garage
and a minimum of three unenclosed parking spaces shall be provided and maintained as
a driveway. Each required parking space being shall individually accessible and
maintain minimum unobstructed dimensions of 9' in width and 20' in depth.
22. 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.
23. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of occupancy.
24. Areas immediately outside of the rear property line (69 Headland Drive) shall be re-
vegetated with similar type of groundcover as existing, if altered through the installation
of a new fence along the rear property line.
P.C. Resolution No. 2011-10
Page 7 of 7