PC RES 2014-002 P.C. RESOLUTION NO. 2014-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND SITE PLAN
REVIEW TO ALLOW THE DEMOLITION AND REBUILD OF
A 448 SQUARE FOOT GUEST HOUSE, DEMOLITION AND
REBUILD OF A PORTION OF THE EXISTING RESIDENCE,
LEGALIZATION OF A PORITON OF THE EXISTING
RESIDENCE AND DETACHED GARAGE, CONSTRUCTION
OF A 1,125 SQUARE FOOT TWO-STORY ADDITION TO
THE MAIN RESIDENCE,AND APPROVAL OF A VARIANCE
TO ALLOW A 6'4" TALL FENCEMJALL COMBINATION TO
EXCEED THE ALLOWABLE 42" HEIGHT LIMITATION
WITHIN THE 20'-0" FRONT YARD SETBACK, AT THE
PROPERTY LOCATED AT 99 VANDERLIP (CASE NO
ZON2013-00437).
WHEREAS, on August 14, 2013, the Community Development Director approved a
Landslide Moratorium Exception Permit (LME) to allow the applicant to submit applications
for a Site Plan Review, Height Variation with Neighborhood Compatibility, and Variance to
allow a number of improvements at the property located at 99 Vanderlip; and,
WHEREAS, on October 24, 2013, the applicant submitted the abovementioned
applications to the Community Development Department for review and processing. The
applicant is requesting approval to demolish and rebuild a guest house and portion of the
existing residence, legalize an addition to the existing detached garage and residence and
construct a 1,125 square foot one- and two-story addition to the existing residence; and,
WHEREAS, on November 7, 2013, Staff completed the initial review of the
application, at which time the application was deemed incomplete due to missing
information on the project plans. The applicant submitted revisions on November 14, 2013;
and,
WHEREAS, on November 22, 2013, the application for Planning Case
No. ZON2013-00437 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(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 January 14, 2014, 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 by
obtaining 4 signatures from the properties within 100 feet (80%) and 5 signatures
from the property owners within 500 feet (41%) of the subject property.
B. The Height Variation is warranted since the proposed 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, adjacent to the City's Palos
Verdes Nature Preserve, and the topography in the immediate area, the proposed
structure does not significantly impair a view from the public trails located within the
Preserve, or as defined by the City's General Plan or NCCP.
C. The Height Variation is warranted since the proposed addition that exceeds sixteen
feet in height is not located on a ridge or promontory. The proposed residence
would be located on an existing building pad, similar to other lots within the semi-
developed area, and is not located on a prominent mass of land that overlooks or
projects onto a lowland or body of water on two sides.
D. The Height Variation is warranted because the proposed new additions that are
above sixteen feet in height, when considered exclusive of existing foliage, do not
significantly impair a view from the viewing area of another parcel. Views of the
Pacific Ocean can be seen in a southerly direction. The subject property abuts the
City's Palos Verdes Nature Preserve to the north, 100 Vanderlip to the west and 85
Vanderlip, to the east. As there are no residences located north of the subject
property, the proposed two-story additions would not create view impairment from
the viewing area of another residential parcel.
E. The Height Variation is warranted because the proposed additions that are above
sixteen feet in height do not create view impairment from the viewing area of
another parcel.
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F. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. Furthermore, the two properties
located within the immediate neighborhood (100 Vanderlip and 85 Vanderlip) have
been developed as two-story homes.
G. The proposed addition complies with all other Code requirements, including the
development standards related to the RS-1 zoning district with respect to lot
coverage and setbacks.
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.
Compatibility with neighborhood character is based on a comparison to the other
structures in the immediate neighborhood. The proposed project would include the
construction of 1,125 square feet of new habitable area, which would result in a
residence that is 5,013 square feet, coupled with the existing 648 square foot
garage and 448 square foot guest house. The total combined area would be 6,109
square feet. There are a total of eight (8) homes located in the immediate
neighborhood which range in size from 1,360 square feet to 5,599 square feet. The
average home size for the 8 closest homes in the RS-1 zoning district is 3,486
square feet. The proposed project would include the construction of 1,125 square
feet of new habitable area, which would result in a residence that is 5,013 square
feet, coupled with the existing 648 square foot garage and 448 square foot guest
house. The total combined area would be 6,109 square feet, which would be the
largest structure size in the immediate neighborhood. The proposed main
residence at 99 Vanderlip is 5,013 square feet in area which is comparable in size
to the main residence on the Vanderlip Estate. Furthermore, the total structure size
of 6,109 square feet will be approximately 510 square feet larger than the total
structure size of 75 Narcissa Dr.
Furthermore, the 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 wood shingle siding, stone veneers, wood columns
and composite shingle roof materials, similar to the materials found at 85 Vanderlip.
With regard to the overall size of the residence, the proposed addition has been
designed to reduce potential bulk and mass as seen from neighboring properties by
incorporating undulating facades to break up the appearance of the structure as
seen from other properties.
I. The Height Variation is warranted since the new addition would not create an
unreasonable infringement of the privacy of the occupants of abutting residences,
as the existing property is developed with a two-story residence. The proposed
additions would be located at the rear of the residence and would not create any
privacy impacts to neighboring properties due to its proximity and orientation toward
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the City's Palos Verdes Preserve. As such, Staff determined that the proposed
project would not create an infringement of privacy onto the neighboring properties
Section 2: With regard to the Site Plan Review, the proposed additions and
accessory structures would comply with the required residential setback standards, lot
coverage and the maximum allowable heights as presented in the Development Code for
the RS-1 zone. Specifically, the proposed project will maintain the existing, conforming
setbacks and the existing non-conforming lot coverage will be revised to be below the
maximum allowable lot coverage for the property (25%). Further, as noted in the Height
Variation findings above, the addition will be compatible with the surrounding
neighborhood.
Section 3: With respect to the application for a Variance to allow the construction
of a new 6'-0"tall fence/wall combination to exceed the 42" height limitation allowed within
the 20'-0" front yard setback:
A. There are exceptional and extraordinary circumstances and conditions applicable to
the property involved and the intended use of the property(single-family residential),
which do not apply generally to other property in the same zoning district.
Specifically, the property is located at the end of a private street (Vanderlip), which
is over a % mile from its intersection with Narcissa drive. The property is just before
a dead-end to the private street, beyond which the Vanderlip estate is located
behind a large, automatic fence/wall that exceeds 6'-0" in height. The applicant has
noted that they have witnessed a number of trespassers across their property since
they purchased the property over a year ago due to an urban legend associated
with subject property. As the applicant is proposing to improve the near 100 year old
residence with interior upgrades and additions, they also wish to increase the
security to this residence which experiences trespassers at all times of the day.
B. The Variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant, which right is possessed by other property owners
under like conditions in the same zoning district. The subject property is located
directly adjacent to the Vanderlip estate which is only accessible through an
automated fence/wall combination at the end of Vanderlip Drive. The fence/wall
combination is over 6'-0" in height. Other than the subject property, the only other
property located along Vanderlip Drive is 85 Vanderlip, As such, there are only a
total of three (3) developed properties on Vanderlip, within the RS-1 residential
zoning district. The Vanderlip estate, as well as the subject property, exhibit a
number of trespassers who wish to explore and/or witness the various urban
legends that follow these properties. As the Vanderlip estate is already gated, a
majority of the trespassers tend to explore around the subject property instead due
to the easier access. As the property owner and residents of the Vanderlip estate
enjoy a sense of security with the property combination wall that exceeds 6'-0" in
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height, allowing a 6'-0" tall combination wall on the subject property would provide
the applicant the security they desire, given the urban legends associated with the
property. This is a right possessed by the property owner and residents of the
Vanderlip estate, which is located directly next door.
C. Granting the Variance will not be materially detrimental to the public welfare or
injurious to property and improvements in the area in which the property is located.
As the developed properties on Vanderlip are located more than a "/4 mile away
from the next developed properties, which are in a different zoning district, allowing
the proposed 6-0" combination wall not would negatively impact other residences,
The proposed combination wall would be located adjacent to the existing fencelwall
combination at the entrance of the Vanderlip, estate. Furthermore, due to the
location of the property, at the end of a private street, the combination wall would
not be visible to other residential properties or the public, with the exception of
potential trespassers.
D. Granting the Variance will not be contrary to the objectives of the General Plan or
policies and requirements of the Coastal Specific Plan. The General Plan land use
designation for the subject property is Residential <1 DU/acre. The development
and improvement of single-family residences and related accessory structures, such
as the proposed fence/wall combination, are among the primary permitted uses
within this land use designation. This is also reflected in Housing Activity Policy No.
3 of the General Plan (p. 78), which calls upon the City to "[encourage]and assistin
the maintenance and improvement of all existing residential neighborhoods so as to
maintain optimum local standards of housing quality and design," The proposed
project implements this policy. The property is not located within the City's coastal
zone.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal the project 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 Site Plan Review to allow the applicant to demolish an existing 448 square
foot deteriorated guest house and construct a new 448 square foot guest house in the
same general location, demolish and replace 669 square feet of the existing residence,
legalize 24 square feet of the existing residence, construct a 1,125 square foot addition,
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and legalize 48 square feet of the existing detached garage. Additionally, the City of
Rancho Palos Verdes approves a Variance to allow a 6'-0" tall fence/wall to exceed the
maximum allowable height of 42" within the 20'-0" front yard setback, 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, Tetreault, Tomblin, Vice Chairman Leon and
Chairman Emenhiser
NOES- None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Commissioners Gerstner and Lewis
mehh%er—
Chairman
Joel Roj?(s, icp
Com
pity evelo nt Director
Secret ry to he Planning Commission
r
P.C. Resolution No. 2014- 02
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EXHIBIT 'A`
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2013-00437
(Colich, 99 Vanderlip)
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 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.
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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 25% lot coverage (14% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (24=O"proposed)
Side west 5'feet (19'-3"existing, no change)
Side east 5 feet (12'-0"proposed)
Rear 15 feet (256'-O"proposed)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
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
minimize disturbance to the surrounding property owners.
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16. All applicable permits required by the Building and Safety Division shall be obtained
by the -applicant prior to the commencement of construction.
17. This project is subject to the conditions of approval of Landslide Moratorium
Exception Permit (Case No. ZON2012-00402).
Height Variation Conditions:
18, This approval is for the demolition of an existing 448 square foot deteriorated guest
house and construction of a new 448 square foot guest house in the same general
location, demolition and replacement of 669 square feet of the existing residence,
legalization of 24 square feet of the existing residence, construction of a 1,125
square foot two-story addition, and legalization of 48 square feet of the existing
detached 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 proposed additions to the main residence would result in a structure that
reaches a maximum height of 23'-11" as measured from the lowest finished grade
adjacent to the structure (elev. 579.0') to the top of the highest ridgeline (elev.
602.91). BUILDING AREA CERTIFICATION REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to building permit final.
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