PC RES 2011-002 P.C. RESOLUTION NO. 2011-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES- CONDITIONALLY
APPROVING A HEIGHT VARIATION, GRADING PERMIT AND
EXTREME SLOPE PERMIT FOR THE AFTER-THE-FACT
CONSTRUCTION OF A 70.88 SQUARE FOOT FIRST FLOOR
ADDITION AND A 1909.79 SQUARE FOOT LOWER LEVEL
ADDITION,AN AFTER-THE-FACT DECK THAT EXTENDS 6'-0"
BEYOND THE TOP OF AN EXTREME SLOPE, 1,705 CUBIC
YARDS OF AFTER-THE-FACT GRADING, AN 8'-0" TALL
RETAINING WALL ALONG THE SOUTH PROPERTY LINE
WITH 200 CUBIC YARDS OF ADDITIONAL GRADING
(PLANNING CASE NO. ZON2009-00170) AT 54
ROCKINGHORSE ROAD.
WHEREAS, on May 4, 2009, the property owner, Mr. Colaruotolo, submitted applications
for Planning Case No. ZON2009-00170 for a Height Variation, Grading Permit and Extreme
Slope Permit for after-the-fact approval to construct a first floor addition and lower level beneath
the existing single-story residence, after-the-fact grading and an after-the-fact covered patio, a
portion of which would extend beyond the top of a previously existing extreme slope; and,
WHEREAS, on May 14, 2009, 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 September 14, 2010, the application for Planning Case
No. ZON2009-00170 was deemed complete by Staff; and,
WHEREAS, pursuantto 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
October 26, 2010 at which time all interested parties were given an opportunity to be heard and
present evidence.
WHEREAS, the applicant agreed to a 90-day extension of the Permit Streamlining Act to
allow for additional time to obtain City Geologist approval; and,
WHEREAS, the Planning Commission continued the public hearing to December 14,
2010 and subsequently to January 11, 2011 to allow the applicant additional time to work with
the City Geologist; and,
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 after-the-fact construction of a 1,909.79
square foot lower level, second floor to the existing single-story residence:
A. The applicant has complied with the Early Neighbor Consultation process established by
obtaining at least signature from at least 70% of the property owners within 100 feet and
at least 25% of the property owners within 500 feet. Specifically, the applicant obtained
10 signatures from the properties within 100 feet (71%) and 37 signatures from the
property owners within 500 feet (56%) of the subject property.
B. The Height Variation is warranted since the proposed two-story addition which 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 lower level addition of the residence
would not significantly impair a view beyond what would otherwise be permitted"by-right"
on the existing pad lot. The applicant has excavated to create a lower level livable area
beneath the main floor level of the residence and the applicant is not increasing the pad
elevation, but instead decreasing the lowest finished grade. The lower level would be
located entirely beneath the footprint of the existing single-story residence and would not
create any additional view impairment beyond the existing residence.
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.
F. The proposed project complies with the City's Development Code with regard to
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setbacks and lot coverage and the existing non-conforming lot coverage (43.5%)would
be reduced to a conforming 28.2% by removing portions of the driveway, deck and
impervious surface area within the rear yard. Furthermore, the project would meet the
parking standards (2-car garage) for a residence with less than 5,000 square feet of
livable area.
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 architectural style of the proposed addition would maintain
the architectural style found in the immediate neighborhood which includes single-story
facades as seen from the street.
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 due to
the topography, orientation of the proposed residence/addition and single-story
configuration. The neighboring property to the north is located at a slightly higher
elevation and would not incur any privacy impacts and the neighbor to the south is
located more than twenty feet below the subject pad elevation and cannot see the
proposed lower level addition.
Section 2: The Planning Commission makes the following findings of fact with respect
to the Grading Permit to allow the after-the-fact grading and other ancillary site improvements
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
after-the-fact grading (1,705 cubic yards) and proposed grading (200 cubic yards) is
necessary to accommodate the lower level addition to the residence, the after-the-fact
grading that was previously performed on the property to level the rear yard, the
proposed 8'-0" tall retaining wall along the south property line and additional grading to
return the portions of the rear yard to their near-original condition.
B. The grading would not significantly adversely affect the visual relationships with nor
views from the viewing area of neighboring properties as the lower level addition cannot
be seen from surrounding neighbors and the south retaining wall is conditioned to be
lowered to a maximum height of 8'-0" to minimize visual impacts from a large retaining
wall. A large quantity of the after-the-fact grading (732 cubic yards of cut and fill) was
performed to accommodate the construction of a lower level beneath the existing
residence. The grading would lower the finished grade beneath the existing building pad
by approximately 4 feet.Additional after-the-fact grading (973 cubic yards of cut and fill)
was performed in the rear yard to level the hillside portions of the yard and to construct a
retaining wall along the south property line that ranged in height from 5'-6"to over 15'-0"
in height. In order to reduce the overall height of the south property line retaining wall to
a maximum height 8'-0" and return portions of the rear yard to its near-original condition,
it is necessary for the applicant to conduct an additional 200 cubic yards of cut and fill.
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C. A portion of the after-the-fact grading beneath the residence minimizes disturbance to
the natural contours and finished contours are reasonably natural, as the grading would
accommodate the lower level addition beneath the main floor level of the residence.The
remaining after-the-fact grading and south retaining wall were previously conducted
without permits; however the proposed project includes a lowered retaining wall with a
maximum height of 8'-0" and 200 cubic yards of additional cut and fill to provide a new
slope across the rear yard that returns a portion of the property to its near-original
condition.
D. The property was previously graded to create a lower level addition beneath the existing
residence and multiple leveled areas within the rear yard without permits. The after-the-
fact grading beneath the residence would not affect the natural topographical features
and appearances by means of land sculpturing due to the fact that the grading would
occur beneath the main residence and would not be visible. The proposed grading to
accommodate the reconstruction of an 8'-0" tall retaining wall along the south property
line and additional slopes within the rear yard would return the rear yard slope close to its
original condition by sculpting the land to blend a new man-made slope into the natural
topography.
E. The after-the-fact lower level addition, the grading and/or related construction is
compatible with the immediate neighborhood character. The lower level addition and
proposed would meet the lot coverage, setbacks and structure heights found within the
surrounding neighborhood. The existing non-conforming lot coverage would be reduced
to meet the standards of the development code. Further, the proposed addition 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. Specifically, the
proposed grading would not occur on an extreme slope (35% or greater) on a legally
subdivided property that was created after November 25, 1975.
H. An 8'-0" tall retaining wall along the south property line and additional grading to create
slopes that follow the previously existing slope contours which exceed depths of 5 feet
and finished slopes greater than 35%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 a retaining wall thatwould help support
the rear yard of the property and the additional grading would return the rear yard to its
near original condition with slopes that exceed 35%. Further, retaining walls are common
within the hillside neighborhood and approval of the retaining wall would not constitute a
special privilege with the limitations upon other properties in the vicinity due to the hillside
topography. Also, the additional grading to return the slope would meet the requirements
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of the grading code to provide man-made slopes that mimic the natural topography.
Additionally, the retaining wall and grading would not be detrimental to the public safety,
nor to other property as the City's geotechnical consultant has reviewed and approved a
soil engineering report.
Section 3: The Extreme Slope Permit to allow after-the-fact approval of a deck that
extends 6'-0" beyond the top of a previously existing extreme slope can be approved because:
A. The site cannot reasonably accommodate the deck except on the previously existing
extreme slope. Access to the rear yard and lower level floor is limited due to the
topography and existing patio landings along the south side of the residence. If the
applicant were to reduce the size of the deck so that no portions of the deck could
extend beyond the top of the previously existing extreme slope, the rear yard of the
residence could not be accessed from the south side of the yard. As conditioned, the
deck would only be permitted to cantilever beyond the top of the previously existing
extreme slope without support walls that extend to the grade beyond the top of the
previously existing extreme slope.
B. The deck will not result in significant adverse effects on neighboring properties including
view impairment, visual impact, slope instability, increased runoff or other adverse
impacts. The applicant will be required to satisfy the City's Building Official ensuring that
the deck has been engineered and constructed in a manner that meets the requirements
of the Building Code. In addition to the structural aspects, a view and visual analysis of
the deck concluded that no adverse impacts to views as seen from neighboring
properties would occur.
C. The deck would not result in an unreasonable infringement of the privacy of the
occupants of abutting residences as the property to the north cannot easily see the deck
due to an existing wall and foliage and the property to the south is located approximately
20 feet below the subject residence and cannot see the deck.
D. Disturbance to the previously existing slope will be insignificant. The deck was reviewed
and approved by the City's Geologist who determined that the deck would not create
significant impacts to the surrounding soil conditions.
E. The permit for the deck is consistent with the general plan which states, "Itis the goal of
the City of Rancho Palos Verdes to preserve and enhance the community's quality living
environment; to enhance the visual character and physical quality of the existing
neighborhoods; and to encourage the development of housing in a manner which
adequately serves the needs of all present and future residents of the community."
Maintaining the deck will allow the applicant to adequately serve the needs of the
property owner by allowing them to have a sufficient, functional, useable and adequate
access to the first floor level and rear yard.
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
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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 January 11,
2011, 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, Grading Permit and Extreme Slope Permit(Planning Case No. ZON2009-00170) to
allow a 1,909.79 square foot after-the-fact lower level addition, 1,705 cubic yards of after the fact
grading, a deck which extends a maximum of 6'-0" beyond the top of a previously existing
extreme slope, the reconstruction of an 8'-0"tall retaining wall and additional 200 cubic yards of
grading, located at 54 Rockinghorse Road, subject to the conditions of approval in the attached
Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this Lit" day of January 2011, by the following vote:
AYES: Commissioners Emenhiser, Knight, Leon and Chairman Gerstner
NOES: Vic:e,Chairman''Tomblin
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Lewis and Tetreaul1141.
, /, ,/,
Bill Gerstner
Chairman
Joel Roj icP
Directo of tanning, ui ing
and C de forceme , and,
Secret ry the Planning Commission
P.C. Resolution No. 2011-02
Page 6 of 10
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2009-00170
(Colaruotolo, 54 Rockinghorse Road)
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 for any curb cuts or dumpsters in the street.
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.
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.
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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. Prior to final on a building or grading permit Staff shall verify that the non-conforming lot
coverage (43.5%), which includes the structure footprint, covered patios, decks over 30
inches in height, driveway and parking areas and impervious surface areas (excluding
5'-foot walkways and one 500 square foot uncovered patio) shall be reduced to a
maximum of 40% lot coverage as depicted on the approved plan.
12. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (28.2% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet(19'-0'= No change)
North Side 5 feet(5'-0"proposed)
South Side 5 feet(35'-0"—No change
Rear 15 feet(192'-0"proposed)
13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50% as noted on the approved plans.
14. 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 square
footage of the livable area shall not exceed 5,000 square feet without obtaining the
appropriate planning entitlements and providing a 3-car garage. The current residence
utilizes a 468 square foot, 2-car garage.
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 landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
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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.
18. All applicable permits required by the Building and Safety Division shall be obtained by
the applicant prior to the commencement of construction.
19. The north property line wall shall be reduced to a maximum height of 6-0" as measured
from the high side of the wall and 8'-0" as measured from the low side of the wall. The
wall shall not exceed a maximum height of 8'-0" at any point on the low side of the wall.
The wall height shall be verified by the City Building Official prior to final on a grading
permit or building permit.
20. Prior to submittal into Building Plan Check, the applicant shall revise the plans to meet
the Planning Commission approval and conditions of approval.
Height Variation Conditions:
21. This approval is for the after-the-fact construction of a 1,909.79 square foot lower level to
the existing residence and after-the-fact construction of 70.88 square feet to the first
floor. The overall square footage of the residence would total 4,990.67 square feet and a
468 square foot garage, for a total of 5,458.67 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 BULDING PERMIT
FINAL. THE CERTIFICATION SHALL DIFFERENTIATE BETWEEN THE LIVABLE
AREA AND THE GARAGE.
22. The residence shall maintain a maximum height of 24'-0", as measured from the lowest
finished grade adjacent to the building foundation/slab (elev. 193.93') to the highest
ridgeline of the residence (elev. 217.93'). 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.
Grading Permit Conditions
23. The two sets of retaining walls and garden walls within the rear yard shall be removed
and the slope restored to its near-original condition, as depicted on the approved plans.
The grading shall be completed and verified by the City's Building Official prior to final on
the building permit
24. The 5'-6 tall to over 15-0" tall retaining wall along the south property line shall be
reduced to a maximum height of 8'-0" as measured from the top of the retaining wall to
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the lowest adjacent grade. The reduction in wall height shall be completed and verified
by the City's Building Official prior to final on the building permit.
25. The following 1,705 cubic yards of after-the-fact grading is approved as depicted on the
approved plans for specific "areas" on the property:
Cut Fill
■ Area 1 (just beyond the residence): 101 cy 280 cy
■ Area 2 (middle of property): 229 cy 130 cy
■ Area 3 (rear of property): 108 cy 135 cy
■ Area 6 (lower level habitable area): 667 cy 55 cy
26. A maximum of 200 cubic yards of additional, new grading (150 cubic yards of cut and 50
cubic yards of fill)shall be permitted for the reconstruction of the 8'-0"tall south property
line retaining wall and additional site grading to restore slopes in the rear yard, as
depicted on the approved plans.
27. Any required guardrails for the south property line retaining wall shall be setback a
minimum of 3'-0" from the top of the retaining wall.
Extreme Slope Permit
28. A 615 square foot deck is permitted within the rear yard, a portion of which extends a
maximum of 6'-0" beyond the top of a previously existing extreme slope. The patio deck
shall be constructed per the approved plans.
29. The portions of the decks which extend beyond the top of the previously existing extreme
slope shall be cantilevered and no support walls shall extend to the ground where the
extreme slope previously existed.
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