PC RES 2014-001 P.C. RESOLUTION NO. 2014-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND GRADING
PERMIT TO ALLOW THE CONSTRUCTION OF A 612
SQUARE FOOT FIRST FLOOR ADDITION, 465 SQUARE
FOOT SECOND FLOOR ADDITION, AND A TOTAL OF 38.8
CUBIC YARDS OF GRADING AT THE PROPERTY
LOCATED AT 3602 COOLHEIGHTS (CASE NO ZON2013-
00197).
WHEREAS, on May 21, 2013, the applicant submitted a Height Variation and
Grading Permit application to the Community Development Department for review and
processing, proposing to construct a one- and two-story addition, new pool, spa, outdoor
kitchen, and associated grading; and,
WHEREAS, on June 11, 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 October 29, 2013, the application for Planning Case
No. ZON2013-00197 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. The Planning Commission closed the public hearing and
continued the project to the January 14, 2014 meeting.
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(75%) and
29 signatures from the property owners within 500 feet (32%) 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. Many residences
within the immediate neighborhood have expansive views of the Pacific Ocean and
Catalina Island. The addition would not affect the properties located to the south as
views are oriented to the south. Views from properties located to the north, along
Cliffsite Drive would not incur significant view impacts due to the difference in
elevation of over 30 feet. A view analysis was conducted from the viewing area
(kitchen and dining room) of 3650 Cliffsite Drive where expansive views of the
Pacific Ocean and Catalina can be seen. The proposed addition above 16' would
impair a very minimal portion of the Pacific Ocean and would not impair any view of
Catalina from the viewing area of this property. The proposed addition would impair
less than 1% of the entire Pacific Ocean and Catalina view, when considering the
entire frame of view. Additionally, a view analysis was conducted from 3564
Coolheights. The primary viewing area of this property is also the kitchen and living
room. The proposed second floor addition cannot be seen from this neighbor's
viewing area. As such, no portion of the proposed addition above 16' creates a
significant view impairment as seen from other properties throughout the
neighborhood.
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 reasonably
minimize the impairment of a view. As noted in the previous finding, while portions
of the proposed project which exceed the 164' "by-right" height limit result in very
minimal view impacts to the expansive views as seen from 3650 Cliffsite Dr., the
impacts are not significant. The applicant has designed the addition with a ridgeline
comparable to the ridgeline of the existing residence, resulting in the minimal view
P.G. Resolution No. 2014-01
Page 2 of 9
impact. More specifically, the existing home is developed with a ridgeline at a height
of 23'-10" and the proposed ridgeline would be at a maximum height of 24'-7".
Given the nominal increase in height and the fact that the proposed addition would
not create a significant view impairment (less than 1% impairment), a further
reduction of the height of the roofline of the addition would not result in a
demonstrative improvement of the view as seen from the primary viewing area of
3650 Cliffsite Drive. Therefore, the proposed structure that is above 16'-0" in height
has been designed and situated in such a manner as to reasonably minimize the
view impairment.
F. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. As explained in the previous finding
("D" above), the portion of the proposed project which exceeds the 16'-0" "by-right"
height limit results in a very minimal view impact to the expansive views as seen
from 3650 Cliffsite Dr., but the impacts are not significant. In order to address this
finding, the amount of cumulative view impairment that would be caused to this
property if a similar addition over 16-0", such as the proposed project, was also
constructed on other nearby properties was assessed. According the City's Height
Variation Guidelines, in making this assessment, the evaluation did not extend
beyond 3 or 4 parcels adjacent to the subject property. Based on the existing
neighborhood, the four closest properties to the applicant, which are in the view
frame for the four homes noted above, are each already developed with two-story
homes.
G. The existing residence complies with the City's Development Code standards with
regard to setbacks, lot coverage and parking. The new additions would be well
outside the required 15'-0" rear yard setback and would meet all other required
setbacks. Additionally, lot coverage for the subject property would include 5,281
square feet, or 39.7% of the 13,277 square foot pad lot which is less than the 45%
maximum lot coverage restricted by the Development Code.
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 immediate area is comprised of similar two-story,
stucco-finished residences with mission tile roofs due to the fact that the homes
were built as part of a residential tract. As such, there is much uniformity, in terms of
architectural style and materials found within the immediate neighborhood. 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
P.C. Resolution No. 2014-01
Page 3 of 9
residences. The subject property is already developed with a second story, with
existing windows along the west fagade. The applicant is proposing to change out
windows in the same location as the existing windows. In addition, the applicant is
proposing a new window as part of the addition along the west side of the
residence. In an effort to ensure that there would be no new privacy impacts to the
westerly neighbor, the applicant is proposing a fixed and translucent window on the
addition. With regard to the east side windows, the windows would not create a
privacy impact to the easterly neighbor due to the large second story setback.
Furthermore, given the location of the staircase, the window associated with the
staircase would not create a privacy impact to the easterly neighbor, as there would
only be views of the neighbor's roofline and side fagade of the residence.
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 applicant is proposing to demolish an existing retaining wall
and construct a new retaining wall along the east side of the property and a new
retaining wall near the top of the existing slope and is similar to other grading
projects found throughout the residential neighborhood.
B. The proposed grading does not significantly adversely affect the visual relationships
with nor the views from the viewing area of neighboring properties. One retaining
wall will be located along the east side property line and will not be visible from
neighboring properties. The second retaining wall will be T-Y in height and will not
adversely affect the visual relationships or views from the viewing area of other
properties.
C. The nature of the grading minimizes disturbances to the natural contours as the
applicant is not proposing to alter the existing contours found on the property. The
applicant is constructing two retaining walls to provide access along the east side of
the residence and slightly expand the useable rear yard area.
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
P.G. Resolution No. 2014-01
Page 4 of 9
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 January 14, 2014, 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. ZON201 3-00197)for the construction of
a 612 square foot first floor addition, 465 square foot second floor addition, new pool and
spa, outdoor kitchen, and 38,8 cubic yards of grading with associated retaining walls at the
property located at 3602 Coolheights, subject to the conditions of approval in the attached
Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 14th day of January 2014, by the following
vote:
AYES: Commissioners Nelson, Tomblin, Vice Chairman Leon and Chairman Emenhiser
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioners Gerstner and Lewis
—David-Emenniser
Chairman
N.
Joel R9'as AICP
Comm nit Develomnt Director
Secret the Planning Commission
P.C. Resolution No. 2014-0i
Page 5 of 9
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2013-00197
(Herbert, 3602 Coolheights)
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.
P.C. Resolution No. 2014-01
Page 6 of 9
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 45% lot coverage (39.7% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet(20'4"existing, no change)
Side East 5'feet (11'5"proposed)
Side West 5 feet(5'-6"existing, no change)
Rear 15 feet (I06,-9"proposed)
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to foundation forms inspection.
12. A minimum 2-car garage shall be maintained (3-car garage existing), 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.
P.C. Resolution No. 2014-01
Page 7 of 9
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
minimize disturbance to the surrounding property owners,
16. 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:
17. This approval is for the construction of a 612 square foot first floor addition and 465
square foot second floor addition to the existing two story residence. The overall
square footage of the residence and garage will be 4,262 square feet. 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 24'-7", as measured from the
lowest finished grade adjacent to the foundation of the structure (elev. 103.62') to
the highest ridgeline (elev. 128.21'). BUILDING HEIGHT CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior
to roof sheathing inspection.
19. All proposed chimneys shall not exceed the minimum dimension requirements of
the Uniform Building Code.
Foliage Trimming Requirement
20. Based upon a foliage analysis conducted by Staff, the following action must be
taken prior to Building Permit final in order to restore the protected view from the
viewing area of 3564 Coolheights:
Remove the palm frawns on all palm trees so that the only the frawns left are those
which point to the sky.
The owner o�Ltrhe �qy s res o n ti b the palm trees as
pj�gpg _j_ _p
described above.
Grading Permit Conditions
21. This approval allows a maximum of 38.8 cubic yards of grading (18.6 cubic yards
of cut and 20.2 cubic yards of fill) and two new retaining walls as described
below:
P.C. Resolution No. 2014-01
Page 8 of 9
a) The demolition of an existing retaining wall along the east side property
line and the construction of a new 4'-6" tall retaining wall in the same
general location, and;
b) The construction of a 3 -3" tall retaining wall located near the top of the
existing slope, within the rear yard of the existing property.
P.C. Resolution No. 2014-01
Page 9 of 9