PC RES 2012-019 P.C. RESOLUTIONNO. 2012-19
A RESOLUTION' OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A MAJOR
GRADING AND SITE PLAN REVIEW APPLICATION (ZON2011-00349),
ALLOWING 1,635YD3 OF GRADING TO CONSTRUCT A 1,964FT2
DETACHED GARAGE, A 1,170FT2 SECOND UNIT, A 334FT2 CABANA,
A POOL/SPA WITH RELATED EQUIPMENT AND RE-CONTOUR THE
EXISTING PRIVATE DRIVEWAY AT 5317 ROLLING RIDGE ROAD.
WHEREAS, on December 7, 2011, the applicant, Mr. Alec Whitten, representing the
property owner,. Mr, Gerstner, submitted a Grading Permit and Site Plan Review application,
requesting to conduct grading to construct a detached garage, detached second unit, detached
cabana, swimming pool/spa and re-contour the private driveway; and,
WHEREAS, on December 21, 2011 and 'September 21, 2012, the application was
deemed incomplete due to missing information; and,
WHEREAS, the applicant submitted the remaining information and the project was
deemed complete November 5, 2012; 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 proposed Major Grading and
Site Plan Review applications will have a significant effect on the environment and, therefore,
the proposed project has been found to be categorically exempt under Class 3 (Section 15303);
and,
WHEREAS, after notice issued on November 8, 2012, pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on November 27, 2012, 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 Major Grading Permit to grant a request for 1,635yd3 of grading for the
construction of a 1,964ft2 detached garage, 1,170ft2 detached second unit, 334ft2 detached
cabana, construction of retaining walls, and re-paving a portion of the private driveway is
warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use of
the lot, which are single-family residential and associated accessory structures for the
residential use and occupancy. More specifically, the subject site is currently improved
with a primary single-family residence and the proposed detached garage and cabana
are considered accessory structures. Additionally, the proposed second unit is an
allowed use within the single-family zoning district and is consistent with the City's
General Plan and zoning regulations. Furthermore, the proposed new second unit and
cabana will be placed underneath an existing extreme slope by placing manufactured fill
P.C. Resolution No. 2012-19
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on top of the existing buildings to mimic the existing topography. Moreover, the new
garage is proposed on generally the same elevation as the existing grade to minimize
grading and the street immediately in front of the structure will be re-contoured to
provide a level access point.
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 because there are no views across the proposed grading and construction
areas based on the difference in elevation.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural because the proposed garage is proposed to be
constructed generally at the same existing elevation to minimize grading on the subject
site with minimal re-contouring of the private driveway for access. Further, the
manufactured slope is proposed to mimic the original contours in the rear yard to
preserve the appearance of the existing extreme slope in the rear yard.
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
manufa-fiired slope into the natural topography. More specifically, the existing slope of
the private driveway will remain the same except that it will be slightly shifted to align
with the new descending driveway. The proposed garage will remain at the existing
elevation, 4' below the street level to minimize grading. Additionally, the extreme slope
at the rear will be replaced with manufactured slopes that mimic the original topography
to preserve the hillside appearance.
E. The grading Utilizes street designs and improvements which serve to minimize grading
alternatives and harmonize with the natural contours and character of the hillside. More
specifically, a portion of the street will be re-contoured while maintaining the existing
slope of 16%-19%. The only difference as a result of re-contouring the street is that the
existing slope will be slightly shifted to align with the new driveways. Only the portion of
the street immediately in front of the new garage for access will be re-contoured while
the remainder of the street will be preserved in its current condition.
F. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because there are none
identified on the subject lot.
G. The grading is on slopes over 35%® on a lot created prior to City incorporation, not zoned
open space hazard; no grading over 50% steepness is proposed; no retaining walls in
excess of 8' against an upslope, 3,5' against a downslope, 3_5' in the side yards; and no
slopes exceeding 20% maximum are proposed. Additionally, maximum finished slopes
over 35% steepness, a cut exceeding 5' in depth, and a retaining wall exceeding 5' in
height adjacent to a driveway may be permitted because they are consistent with the
purposes of grading by placing structures within the extreme slope and placing fill on top
of the buildings to mimic the existing topographical condition and placing a 65 tall
upsloping wall in the front yard to accommodate a parking area located substantially
lower in elevation that will not be readily visible by the public. Further, they do not
constitute a grant of special privileges or result in a detriment to the public safety
because it is in an area that will not be visible or accessible from any neighboring
P.C. Resolution No. 2012-19
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properties; City Geologist approval will be required; and consistency with the current
Building Codes will be required prior to construction on site,
H, The notice of decision of this application will be provided to the applicant and to all
owners of the property adjacent to the subject property.
Section 2: A Site Plan Review to grant a request to construct a swimming pool, spa
and related equipment is warranted because it meets all required setbacks and are not located
over extreme slope areas.
Section 3: A Site Plan Review to grant a request to construct detached structures
resulting in greater than 750ft2 floor area is warranted because the proposed detached garage,
second unit and cabana are compatible with the character of the immediate neighborhood.
More specifically, the modern/contemporary design, building materials and color are compatible
because the existing neighborhood is unique with large scale homes with various architectural
styles. Additionally, the proposed setbacks are comparable with what exists on neighboring
properties, Furthermore, since the proposed cabana and second unit will not be visible from
neighboring properties or the street of access while only a portion of the proposed garage will
be visible from a single vantage point on Rolling Ridge Road, while there are other existing
improvements that are more prominent from the street, the proposed request is in scale with the
neighborhood,
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 appeilant. 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
12, 2012, An 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 12, 2012,
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 Major Grading
and Site Plan Review application for 1,635yd' of grading for the construction of a 1,964ft'
detached garage, 1,170ft2 detached second unit, 334ft2 detached cabana, construction of
retaining walls, and re-paving of the private driveway at 5317 Rolling Ridge Road.
P.C. Resolution No. 2012-19
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PASSED, APPROVED AND ADOPTED this 27'0 day of November 2012, by the following vote:
AYES: Commissioners Leon, Lewis, Nelson, Tomblin, Vice Chairman Emeuhiser,
Chairman Tetreault
NOES:No
ABSTENTIONS: No
RECUSALS: Commissioner Gerstner
ABSENT:No
Paul et
Chairman
Joel Ro' s, AICD
Comm nit Develop
lop 4nt
epar-tmen
t; and,
Secret y f tete Plan Commission
P.C. Resolution No. 2012-19
Page 4 of 8
EXH|BIT 'A'
CONDDlON= OFAPPROVAL FOR
CASE NO. ZON2811-DQ348
(5317Rolling Ridge Road)
General Conditions,-
1, Prior to the submittal of plans into Building and Safety pion oheck, the applicant and the
property owner shaU submit to the City a statement, in vvr|Ung, that they have raaU,
undemstand, and agree to all conditions of approval contained in this Resolution. FaHure
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, dumnpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director ofPublic Works.
3. Approval of this permit oho|| not be construed as a waiver ofapplicable and appropriate
zoning regulations, or any Federal, State, County and/or City |uvvs 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 a||ovv minor modifications to the
approved plans and any of the conditions of approval if such modifications will achieve
substantially the same results as vvVu|d strict compliance with the approved plans and
conditions. Otherwise, any substantive change tOthe project shall roquiro approval of
revision hythe 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.
0. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant tothe revocation procedures contained in
Section 17-0ODOOofthe City's Municipal Code.
7. If the applicant has not submitted an application for a building permit for the approved
project ornot commenced the approved project as described in 8eobnn 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 eXpine and be nfnofurther effect unless, prior to exp|raUon,
a written request for extension is filed with the Community Development Department and
approved bvthe Planning Commission.
8. In the event that any of these conditions conflict with the recommendations end/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
P.C. Resolution No. 2O12-19
Page 5of8
date of this Resolution.
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
househoid 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.
Project Specific Conditions:
14. This approval is for the following.,
A. Construction of a detached garage at the southeast corner of the lot, which
includes:
i. 1,964ft2 structure size, within the 16'/20' height envelope;
ii. 5-car garage space, storage/workshop, mechanical room and bathroom;
iii. Patio with a glass guardrail at the north fa(;ade accessible via sliding
glass doors;
iv. 1,017yd' of grading (858yd3 Cut & 159yd 3 of fill);
v. Construction of a retaining wall ranging in height from less than 1' to 3.5'
maximum to accommodate a portion of the new driveway. If changes to
the driveway design become necessary, the Community Development
Director is authorized to allow a retaining wall up to 6.5' in height at this
location provided revised plans are submitted; and,
vi. Re-paving approximately a third of the private driveway length located on
the subject property immediately in front of the new garage.
B. Construction of a detached second unit and a detached cabana at the northwest
corner of the lot, which includes:
i. 1,170ft2 second unit, within the 16720' height envelope;
ji, 334ft2 cabana, measuring 12' in overall maximum height;
iii. 618yd 3 of grading (526yd 3 Of Cut & 92yd 3 of fill);
iv. 15.5' maximum height of cut to place a portion of the second unit and the
P.C. Resolution No. 2012-19
Page 6 of 8
'
cabana underneath anexisting extreme slope;
v. Descending stairway with e nmnm|l garden wall along the west side of the
second unit for access with a1' taUretaining wall along the west side;
vi. Pool/spa located atthe north side ofthe second unit� and,
vii. Pool/spa equipment located atthe west hsgodeofthe second unit.
15 The approved strurtunan (zannge, second mn|t, oabona, pool/spa equipment) shall
maintain setbacks o[2U' front, 15' rear, 5' west side and 5' east side.
16� Unless modified by the approval of future planning app|icohono, the approved project
shall maintain amaximum nf40% lot coverage (18.A96pruposed).
17. The rnaxirnurn ridge|ine of the approved detached garage is 523'-6^. BUILDING
HEIGHT CERTIFICATION REC>U|RE0, to be provided hyalicensed land surveyor or
civil engineer prior to roof sheathing inspection, AddiOunaUy, prior to the framing of
walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a
licensed land surveyor orcivil engineer, showing the Finished Floor Elevation at 609'-
1l''.
18- The maximum rk1oe|ine of the approved detached second unit is 594`-0^ BUILDING
HEIGHT CERTIFICATION FlE{]U|RE[), to be provided by licensed land surveyor or
civil engineer prior to roof sheathing inspection. AdditionaDy, 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 578^'6^
1V' The detached second unit shall not exceed 1.2D0ft2mftotal floor area.
20. The second unit shall include, inaccordance with the Uniform Building Codo, one full
bathroom and one kitchen and shall not include additional bathrooms or kitchen. The
snnnmd unit shall also be |innib»d to rnaxinnuno of two bedrooms.
21. The second unit shall he connected to a public sanitary aevvar system.
22. Tne primary reoidence, detached garage and the second unit shall remain under the
same ownership. The second unit shall not be sold separately from the primary
residence,
23. Either the primary residence or the second unit aho|| be owner occupied in order for the
second unit toqualify for and maintain the right tohave enoccupancy certification.
24. /\ covenant accompanied with the adopted resolution and/or conditions Ofapproval shall
be recorded by the City with the County Recorder as a covenant running with the land,
The covenant shall also state that the owner agrees to all conditions ofapproval,
25. The cabana is limited to 12' in height, an measured from the [ovvoGt preConstrm(tinn
grade adjacent kzthe foundation wall tothe ridge. BUILDING HEIGHT CERTIFICATION
REQU|RED, to be provided by licensed land surveyor.
26, Maximum hardonmpa coverage within the 20-foot front-yard setback area shall not
exceed 50%.
P.C. Resolution No. 2O12-19
Page 7of8
27. A minimum of three enclosed parking spaces shall be provided and maintained in a
---age and o minimum of three unenclosed parking spaces shall be provided and
maintained as adriveway, mnthe property. An enclosed parking space shall have an
unobstructed ground space of no less than 9' in width by 20' �n depth, with m minimum of
7' of vertical clearance over the space. An unenclosed parking space shall have an
unobstructed ground space nfno ;8sSthan A' inwidth by20' indepth.
28. The detached garage shall not be sold or leased separately from the primary residence.
29. The driveway shall he a rninirnuon width of 10`
3Q, /\ minimum 18~ wide landscaped area between the east side property line and the new
driveway ehaU &emaintained.
31. The area between the garage and the private street identified as notation `Q' on the
stamped and approved plans (Sheet Al.13) shall be landscaped bzminimize visibility of
the garage from Rolling Ridge Road. Any hedge in this area shall be limited to the
current limitation in the Code (42" in heiqht), unless a separate City approval is obtained,
Any foliage exceeding 10' in height or the rAge|ine of the primary residence, whichever
is |ovver, shall not significantly impair a view from neighboring properties-
32, All
ropndies.32, A|| driveways nhmU be built and maintained in accordance with the specifications of the
Los Angeles County fire department. If there is any inconsistency between the
standards imposed by the City and the Los Angeles County fin* departnment, the stricter
shall apply.
33.The swimming pool and spa shall not be closer than 3' from any property |ines. The
pool/spa shall beenclosed bvastructure and/or a fence orwall not less than 5' inheight
measured from the outside ground level at a point 12~ horizontal from the base of the
fence or wall, Any gate ordoor to the outside shall be equipped with a self-closing
device and e self-latching device located not less than 4' above the ground. Such
fences. walls and 8mhys shall meet City specifications and shall boconstructed to the
satisfaction of the City's building official.
34. No grading or improvement may commence within the 25^ wide private road easement
without first obtaining written authorization from the legal holders of the private street
easement to aUnvv proposed goading and improvements within the private street
easement. Such authorization shall be in a form that can be recorded and shall be
reviewed by the City Attorney, If written authorization from the easement holders is not
obtained, the plans may be modified to eliminate improvements from the private street
easennent. Said modified plan may be approved by the Community C)ema|oprnemt
Director, pursuant toCondition No. 4. The second unit shall not beissued acertificate of
occupancy without functioning City approved vehicular access to the new garage.
P.C. Resolution No. 2012-10
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