PC RES 2011-003 P.C. RESOLUTION NO. 2011-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION AND GRADING PERMIT (CASE NO. ZON2010-
00328) TO CONSTRUCT A 27.5' TALL, 1,118FT2 TWO-STORY
ADDITION TO AN EXISTING TWO-STORY RESIDENCE, CONVERT
THE EXISTING 671FT2 GARAGE INTO HABITABLE SPACE,
CONSTRUCT A NEW 750FT2 DETACHED GARAGE, CONDUCT
231YD3 OF GRADING AND CONSTRUCT RETAINING WALLS UP TO
7.5' IN HEIGHT AT 30629 PALOS VERDES DRIVE EAST.
WHEREAS, on September 15, 2010, a Height Variation and Grading Permit application
(Case No. ZON2010-00328) was submitted, requesting an addition to an existing two-story
residence, conversion of an existing garage into habitable space and construction of a new
detached garage. The request also includes the replacement and construction of new retaining
walls measuring up to 7.5' in height with 231yd' of related grading in the side and rear yard
against ascending slopes; and,
WHEREAS, on September 28, 2010, the project was deemed incomplete based on
insufficient information; and,
WHEREAS, the property owner submitted additional information and the project was
deemed complete on December 13, 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. ZON2010-00328 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 December 16, 2010
pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, on January 11, 2011, the Planning Commission continued the proposed
project to the January 25, 2011 meeting, in order to allow the applicant additional time to modify
the proposed rendering to address the bulk and mass concerns raised by the Planning
Commission; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on January 25,
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 grant a request to construct a 729ft2 addition to the
lower floor; a 389ft2 addition to the upper floor; convert the existing 671ft2 existing garage into
P.C. Resolution No. 2011-03
Page 1
habitable space; construct a new 750ft2 detached garage; conduct 231yd3 of grading to expand
the side and rear yards; relocate an existing retaining wall and construct an additional retaining
wall in the side yard measuring 7.5' at the highest point; and construct a 6' tall retaining wall
against an ascending slope to the rear of the property located at 30629 Palos Verdes Drive East
is warranted because:
A. The applicant has complied with the early neighbor consultation process established
by the city by collecting 83% of the total number of landowners within 100' radius and
26% 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
general plan or coastal specific plan, as city-designated viewing areas, because
Lower Palos Verdes Drive East trail is located approximately 25' lower in elevation
than the building pad area 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, because all of the properties along the same
street are at the same elevation or lower while the upsloping properties along Crest
Road are at least 25' higher in elevation.
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, although the proposed structure size will be the second largest in
the neighborhood, the proposed additions to the lower and upper floor with exception
to 72ft2 to the front will not extend beyond the limits of the existing balconies and
therefore will not significantly add to the existing bulk or mass or be visibly
discernable from the public right-of-way. The proposed detached garage will be
located at the rear of the property against an existing retaining wall, nearly 116' away
from the front property line, creating a structure that will not be readily visible from
the public right-of-way. The architectural style will match the design and materials of
the existing home which will blend in with the diverse architectural styles found in the
immediate neighborhood. The proposed setbacks will be relatively the same, with
exception to the reduced east side yard setback which will remain consistent with
varying setbacks found 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 because there will be more than 30' setback from each side property line
to the proposed additions while the abutting property to the rear is at least 25' higher
in elevation.
P.C. Resolution No. 2011-03
Page 2
Section 2: A Grading Permit to allow the construction of two retaining walls up to 7.5'
in height in the side yard and a 6' tall retaining wall in the rear yard with 231yd3 of related
grading at the toe of existing ascending slopes is warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. More specifically, the purpose of the proposed grading and construction is
to relocate and expand existing retaining walls for larger yard space, similar to what
exists on topographically comparable lots in the neighborhood. Additionally, the
proposed grading will be visually indiscernible from the public and private properties.
B. The 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 existing ascending
slopes in the side and rear yard that involves relocating and expanding existing
retaining walls. As a result, the change will be visually indiscernible from public and
private properties.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural, because with exception to excavating a few feet
into the slopes, the rest of the slopes will remain untouched and no manmade slopes
are proposed.
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 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. The 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,
only a few feet into the slope will be excavated while the remaining half will remain
untouched. Additionally, the proposed project will be subject to Building & Safety
Division's current building codes to prevent any adverse impacts. Furthermore, the
proposed project does not involve creation of slopes, fill or cut exceeding 50%
gradient, upsloping retaining walls exceeding 8' in height, downsloping retaining
walls exceeding 3.5' in height, driveway retaining walls, building related retaining
walls, or changes to the existing driveway. Although the proposed depth of cut
exceeds 5', relocating and expanding existing walls to minimally expand the yard
space is reasonable and consistent with existing improvements on topographically
comparable neighboring properties. As such, allowing a depth of cut to exceed 5'
will not constitute a grant of special privileges and will not be detrimental to the public
safety nor to other property since the proposed grading and related construction will
require geotechnical review and issuance of a Building Permit.
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
P.C. Resolution No. 2011-03
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within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday,
January 26, 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 January 26, 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, with conditions, Case No.
ZON2010-00328, for a request to construct a 27.5' tall, 1,118ft2 two-story addition, convert the
existing 671ft2 garage into habitable space, construct a new 750ft2 detached garage, conduct
231yd3 of grading for the construction of two retaining walls up to 7.5' in height in the side yard
and a retaining wall measuring 6' in height in the rear yard at 30629 Palos Verdes Drive East.
PASSED, APPROVED AND ADOPTED this 25th day of January 2011, by the following vote:
AYES: Commissioner Emenhiser, Gerstner, Knight, Leon, Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioner Lewis, ®ice Chairman Tetreault
ABSENT: None
DavidJpmblin,
Chairmaq,�
Joel oja , AICP
Comu ty Develo nt Director and
Secre of the Planning Commission
P.C. Resolution No. 2011- 03
Page 4
EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO.ZON2010-00328 (30629 Palos Verdes Drive East)
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 Department 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. 2011-03
Page 5
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.
14. All utility service lines to the building shall be placed underground prior to issuance of a
certificate of occupancy for the addition.
Proiect Specific Conditions:
15. This approval is for the following improvements:
L A 729ft2 addition to the lower floor, of which approximately 655ft2 will be located
underneath the existing balconies;
ii. A 389f? addition to the upper floor, over existing balconies;
iii. Conversion of an existing 671ft2 existing garage into habitable space;
iv. A new 750ft2 detached garage;
v. 231yd' of grading to expand the side and rear yards;
vi. Relocation of an existing retaining wall and construction of an additional retaining
wall in the side yard, measuring 7.5' at the highest point; and,
vii. A new 6' tall retaining wall against an ascending slope to the rear.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to building permit final.
16. The maximum ridgeline of the approved project is 154.5'. 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 127.14'.
17. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (39% proposed).
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18. The approved residence shall maintain setbacks of 20' front (83' proposed), 15' rear
(31.61' proposed), 5' west side (31.98' proposed) and 5' east side. BUILDING
SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or
civil engineer prior to foundation forms inspection.
19. A minimum 3-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.
20. A minimum of 3 unenclosed parking spaces shall be provided and maintained as a
driveway. An unenclosed parking space shall have an unobstructed ground space of no
less than 9' in width by 20' in depth.
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