PC RES 2012-010 P.C. RESOLUTION NO. 2012-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, GRADING PERMIT
AND SITE PLAN REVIEW TO ALLOW THE CONSTRUCTION
OF FIRST AND SECOND STORY ADDITIONS AND A NEW
3'-6" TALI". RETAINING WALL LOCATED AT 5863 OCEAN
TERRACE DRIVE (CASE NO ZON2011-00302).
WHEREAS, on October 21, 2011, the property owner, J'osieiyn Jones, submitted
applications for Planning Case No. ZON2011-00302 for a Height Variation ,Grading Permit
and Site Plan Review to construct a first and second story addition to the existing
residence located at 5863 Ocean Terrace Drive; and,
WHEREAS, on April 26, 2012, the application for Planning Case
No. ZON2010-00144 was deemed complete by Staff, 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 65062.5(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 June 12, 2012, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE. AS FOLLOWS:
Section 1. With respect to the application for a Height Variation to allow the
construction of a new second story addition:
A. The applicant has complied with the Early Neighbor Consultation process
established by obtaining 8 signatures from the properties within 100 feet (72 /0) and
21 signatures from the property owners within 500 feet (40%) of the subject
property.
B. The Height Variation is warranted since the proposed two-story addition that
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 proposed new addition that is above
sixteen feet in height, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. Specifically, a
majority of the residences along the south side of Ocean Terrace Drive have
expansive views of the Pacific Ocean. The remaining residences located along, the
north side of Ocean Terrace Drive have limited views of the Pacific Ocean in a
southern direction, based on the property location and topography. Only one
property is located north of the proposed project whereby existing ocean views will
not be affected by the proposed second story addition. In addition, the proposed
project would not significantly impair a protected view of the ocean due to the fact
that the ocean was not visible from the living room(s) or kitchen of 5847 Ocean
Terrace Drive.
E. The Height Variation is warranted because the proposed new structure that is above
sixteen feet in height is designed and situated in such a manner as to reasonable
minimize the impairment of a view due to the fact that the second story addition
does not create a view impairment from a neighboring property,
F. 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
only homes that would create a potential view impairment are located along the
south side of Ocean Terrace, whereby four of the closest homes analyzed for the
cumulative view impairment exist as two-story homes.
G. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-4 zoning district with respect to lot
coverage and setbacks, and the off-street parking requirements for single-family
residences,
P.C. Resolution No. 2012-10
Page 2 of 8
K The proposed addition is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style and bulk and mass,
The immediate neighborhood is comprised of both one and two-story homes, many
of which have three-car garages. Additionally, the square footage, proposed lot
coverage and setbacks are consistent with those of the surrounding properties. The
architectural style of the proposed residence would maintain the architectural style
found in the immediate neighborhood as well as the existing residence by utilizing a
stucco finish and tile roof materials, similar to the materials used when the entire
residential tract was originally constructed. Furthermore, the proposed addition has
been designed to reduce potential bulk and mass as seen from neighboring
properties by incorporating hipped roofs and undulating facades to break up the
appearance of the structure as seen from the street and other properties.
I. The Height Variation is warranted since the new addition, as conditioned, would not
create an unreasonable infringement of the privacy of the occupants of abutting
residences The subject lot is located at the corner of Highridge and Ocean Terrace
Drive. The only residence that could potentially incur privacy impacts would be the
property to the east (5847 Ocean Terrace Drive). However, the project includes
translucent windows across the east fagade which look into the neighbor's rear yard
pool area and living area. Additional conditions of approval to ensure that privacy
impacts are fully mitigated have added to the project approval. Specifically, the
windows along the east fagade of the Master Bedroom will be fixed and translucent,
and windows in the Master Bathroom will be either fixed and translucent or
clerestory windows.
Section 2: With regard to the Grading Permit:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. Specifically, the underlying zoning district is single-family
residential and the property was previously graded to accommodate a new single-
family residence. The proposed grading (19 cubic yards of cut) and T-6" tall
retaining wall allows the applicant the ability to provide an area to store trash and
mechanical equipment in the rear yard with out being visible from the pubic right-of-
way, which is necessary for the primary permitted use of the property.
B. The proposed grading does not significantly adversely affect the visual relationships
with nor the views from the viewing area of neighboring properties. The proposed
grading and T-6" tall retaining wall will be located along the east side of the
residence, in the side yard. The proposed retaining wall will be an extension of an
existing retaining wall and will not be visible from the public right-of-way or other
neighboring properties.
C. The nature of the grading minimizes disturbances to the natural contours and
finished contours are not proposed. The applicant is proposing to cut a small portion
P.C. Resolution No, 2012-10
Page 3 of 8
of the existing hillside, where an existing retaining wall is located, and constructing a
new T-6"tall retaining wall. The grading will be limited to cut/excavation and no new
contours will be created.
D The grading takes into account the preservation of natural topographical features
and appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into natural topography. The grading would be limited to a small
area behind the garage for an extension of an existing retaining wall. The existing
slope behind the retaining wall will remain untouched.
E 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.
F. The grading conforms to the City's standards for grading on slopes, cut and fill and
finished slope contours. Specifically, the proposed grading would not occur on an
extreme slope (35% or greater), the proposed grading will not significantly alter the
contours of the lot, the excavation would not exceed 5'-0" (3'-6" proposed) and no
finished slopes that exceed 35% will be created.
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 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 laterthan fifteen (115) days
following June 27, 2012, 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 Site Plan Review (Planning Case No. ZON2011-00302) for
the construction of a new 787 square foot first floor addition, 1 ,856 square foot second
floor addition, demolition and reconstruction of a 629 square foot garage and a new T-6"
tall retaining wall located at 5863 Ocean Terrace Drive, subject to the conditions of
approval in the attached Exhibit 'A',
P.C. Resolution No. 2012-10
Page 4 of 8
PASSED, APPROVED, AND ADOPTED this 12�h day of June 2012, by the following vote:
AYES: Commissioners Gerstner, Leon, Lewis, Nelson and Tomblin
NOES: Vice Chairman Emenhiser and Chairman Tetreault
ABSTENTIONS: None
RECUSSAL& None
ABSENT' None
Paul tetre"ault
Chairman
C)
Joel Roja's, AICP
Community Development Director
Secretary to the Planning Commission
P.C. Resolution No, 2012JO
Page 5 of 8
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2011-00302
(Jones, 5863 Ocean Terrace 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 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 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 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.
5r Failure to comply with and adhere to all of these conditions of approval may
because 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
Community Development Director 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.
P.C. Resolution No. 2012-10
Page 6 of 8
8, Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED bythe Citywith the
effective date of the Notice of Decision.
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 Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 40% lot coverage (39% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (20'-0"proposed, No Change)
Street Side 20 feet (20'-O"proposed, No Change)
Side East 10 feet (10'-9"proposed)
Rear 20 feet (73'-7"proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 3-car garage shall be maintained, 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.
14. 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.
15. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering,
II& All construction sites shall be maintained in a secure, safe, neat and orderly
P.C. Resolution No. 2012-10
Page 7 of 8
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.
17. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions-.
18. This approval is for the construction of a 787 square foot first floor addition and
1 ,856 square foot second story addition. The project also includes the demolition of
the existing 633 square foot garage and the construction of a new 629 square foot
garage. The overall square footage of the residence7,534 with a 629 square foot
garage. 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 BUILDING PERMIT FINAL.
19. The maximum ridgeline of the approved project is 25'-3" as measured from lowest
finished grade adjacent to the foundation/slab (elev. 103.90') to the top of the
highest ridgeline (elev. 129,17). BUILDING HEIGHT CERTIFICATION REQUIRED,
Grading Permit Conditions
20. This approval allows a maximum of 19 cubic yards of grading to be located at the
rear of the residence, adjacent to the garage.
27. A new T-6" tall retaining wall is permitted at the east side of the garage.
Privacy Impairment Mitigation Conditions
28. All second story windows along the east fagade of the proposed Master
Bedroom shall be fixed and translucent.
29. The windows located along the east fagade of the Master Bathroom shall either
be fixed and translucent, or clerestory windows.
Mechanical Equipment
30, Prior to installation of mechanical equipment located in the required 10-foot side
yard setback, the applicant shall provide Staff with specifications on the
mechanical equipment verifying that all mechanical equipment located within the
side yard setback does not exceed 65 dBA.
P.C. Resolution No. 2012-10
Page 8 of 8