PC RES 2013-030 P.C. RESOLUTION NO. 2013-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND GRADING
PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING
RESIDENCE AND THE CONSTRUCTION OF A NEW 10,239
SQUARE FOOT, WITH TWO SEPARATE TWO-CAR
GARAGES, AND A TOTAL OF 980 CUBIC YARDS OF
GRADING AT THE PROPERTY LOCATED AT 3280 VIA
CAMPESINA (CASE NO ZON2013-00324).
WHEREAS, On August 2, 2013, the applicant submitted a Height Variation and
Grading Permit application to the Community Development Department for review and
processing, proposing to demolish the existing residence and construct a new residence in
the same general location; and,
WHEREAS, on August 14, 2013, Staff completed the initial review of the application,
at which time the application was deemed incomplete for processing. The applicant
submitted revisions on multiple occasions; and,
WHEREAS, on November 4, 2013, the application for Planning Case
No. ZON2013--00324 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 65962.5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that the approval of the requested applications would
have a significant effect on the environment and, therefore, the proposed project has been
found to be categorically exempt (Section 15303(a)); 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 December 10, 2013, 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 9 signatures from the properties within 100 feet(81%) and
13 signatures from the property owners within 500 feet (27%) 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. Views of the
Pacific Ocean, the Queens Necklace and distant city lights can be seen north of the
subject property. As such, homes located north of the subject property would not be
impacted by the proposed development in terms of views. Additionally, City-
protected views as defined above will not be impacted by the proposed
development due to lot configuration and existing topography found throughout the
neighborhood. Furthermore, if the applicant were to eliminate the lower-level garage
and floor area, the height of the main floor for the residence would be permitted "by-
right," as it would fall within the 16720' "by-right" building envelope for pad lots. As
the applicant is not increasing the pad elevation, but instead, decreasing the lowest
finished grade, the proposed residence, specifically the main floor of the residence,
would not significantly impair a view beyond what would otherwise be permitted "by-
right" on the existing pad.
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. Specifically, as noted in the previous finding, 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 due to the fact that the applicant is
lowering the finished grade to accommodate a garage beneath the main floor level.
F. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. As indicated above,there will be no
view impairment for portions of the structure which exceed the 16'-0" in height as
seen from the viewing area of another parcel beyond what would otherwise be
P.C. Resolution No. 2013-30
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permitted "by-right" on the existing building pad. Specifically, if the lower level
garage were eliminated or moved to a different location on the existing pad, the
main floor of the residence would fall within the permitted 16'120" building envelope.
G. The residence complies with the City's Development Code standards with regard to
setbacks, lot coverage and parking (also see project statistics above). The new
residence would meet the required 20'-0" front and 5'-0" side yard setbacks, and
would be well outside of the required 15'-0" rear yard setback. Additionally, lot
coverage for the subject property would include 13,072 square feet, or 39.8%of the
32,816 square foot pad lot. Therefore, as the proposed new residence complies
with the standards set forth in the City's Development Code, this finding can be
made and adopted.
H 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 proposed lot coverage and setbacks are consistent with those of the
surrounding properties. The architectural style of the proposed residence merges
the design elements of the existing California ranch style architecture found within
the immediate neighborhood with a more modern ranch style architectural design.
The proposed fagade treatments include a stucco siding, with stone accents and
wrought iron railings. A surveying of the 20 closest homes concluded that the
immediate neighborhood is comprised of stucco-finished residences with wood,
brick or stone accents. Similarly, the overall scale of the proposed residence is
within the range of home sizes within the immediate neighborhood and the
undulating facades and multiple roof lines reduce potential bulk and mass impact.
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 properties to the north are located more than 25-30 feet below the
subject property. The proposed windows along the northwest portion of the second
story would not create an infringement of privacy onto the neighboring property to
the south (3270 Via Campesina). This is mostly due to the lot configuration and
topography between the subject property and 3270 Via Campesina, coupled with
existing mature foliage that is planted on 3270 Via Campesina which provides
additional privacy barrier between the two properties. Furthermore, the windows
along the main level are being constructed within what would otherwise be permitted
"by-right" on the existing building pad.
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 excavation (662 cubic yards of cut) would
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accommodate a lower second floor area while maintaining the ridgeline of a
residence that would otherwise be permitted on the existing pad lot.Additionally,the
318 cubic yards of fill would surround the residence in order to create a flat, usable
area.
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 (cut) will occur beneath the proposed residence to lowerthe finished grade
of the residence. The remaining fill will not be visible from neighboring properties
and would be located outside of the building footprint.
C. The nature of the grading minimizes disturbances to the natural contours as the
applicant is proposing to lower the existing pad of the lot and some new finished
contours would follow the contours of the existing topography.
D. The grading takes into account the preservation of natural topographical features
and appearances by limiting the grading to the existing pad area.
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, 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 later than fifteen (15) days
following December 10, 2013„ 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 and Grading Permit (Planning Case No. ZON2013-00324) for the demolition of
the existing single-family residence and the construction of a new residence, garages, and
980 cubic yards of grading at the property located at 3280 Via Campesina, subject to the
conditions of approval in the attached Exhibit W.
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PASSED, APPROVED, AND ADOPTED this 1 oth day of December 2013, by the following
vote:
AYES: Commissioners Gerstner, Nelson, Tetreault, Tomblin, Vice Chairman Leon,
Chairman Emenhiser
NOES: None
ABSTENTIONS: None
RECU'SSALS: Nene
ABSENT: Commissioner Lewis
vid E 6nhiser
Chairman
Joel of s, A[Cp
Co mun ty Deu to Ment Director
Se reta to the Planning Commission
P.C. Resolution No. 2013-30
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2013-00324
(Bozic, 3280 Via Campesina)
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.
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
Community Development Director and approved by the Planning Commission,
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.
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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.
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 (39.8% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (41'-d"proposed)
Side East 5'feet (10'-0"proposed)
Side West 5 feet (1(1' O"proposed)
Rear 15 feet (34'-0"proposed)
12. 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.
13. 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.
14. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
15. 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
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minimize disturbance to the surrounding property owners.
16. Ali applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions:
17. This approval is for the demolition of an existing single story residence and the
construction of a new 10,239 square foot two-story residence, 423 square foot
garage, another separate 481 square foot garage, and 761 square feet of basement
storage area. The overall square footage of the residence, storage area and garage
will be 11,904. 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.
18. The maximum ridgeline of the approved project will be 25'-10", as measured from
the lowest finished grade adjacent to the foundation of the structure (elev. 110.5)to
the highest ridgeline (elev. 135.9'), and 14'-5", as measured from the highest
existing grade covered by the structure (elev. 121.5') to the top of the highest
ridgeline (elev. 135.9'). BUILDING HEIGHT CERTIFICATION REQUIRED.
19. All utility lines installed to serve the new residence shall be placed underground
from an existing power pole or other point of connect off-site.
20. All proposed chimneys shall not exceed the minimum dimension requirements of
the Uniform Building Code.
Grading Permit Conditions
21. This approval allows a maximum of 980 cubic yards of (662 cubic yards of cut
and 318 cubic yards of fill).
Public Works Conditions
27. All work in the public right-of-way requires an approved encroachment permit issued
by the Department of Public Works, prior to the start of work in the public right-of-
way.
28. If the property owner intends to use a debris dumpster in conjunction with an open
Building Permit, the dumpster provider must be an approved vendor, as listed in the
Public Works Department.
29. The staging of equipment and/or material in the public right-of-way is prohibited
without prior approval from the Public Works Department.
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30, No grading or improvement may commence within the private driveway easement
without first obtaining written authorization from the legal easement holders of the
private driveway easement to allow proposed grading and improvements within the
private driveway 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 driveway easement. Said modified plan may be
approved by the Community Development Director, pursuant to Condition No. 4.
31. Prior to Building Permit final, the applicant shall install and maintain landscaping as
depicted on the stamped, approved plans.
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