PC RES 2014-027 P.C. RESOLUTION NO. 2014-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A VARIANCE, COASTAL PERMIT, HEIGHT
VARIATION AND EXTREME SLOPE PERMIT FOR THE
LEGALIZATION OF A 175 SQUARE FOOTADDITION AND
THE CONSTRUCTION OF A 1,025 SQUARE FOOT
ADDITION TO THE EXISTING RESIDENCE LOCATED AT 85
YACHT HARBOR DRIVE (CASE NO. ZON2014-00192).
WHEREAS, on April 4, 2014, the City approved a Landslide Moratorium Permit
(LME) to allow the applicant to submit applications for a Variance, Coastal Permit, Height
Variation and Extreme Slope Permit for the legalization of 175 square feet of unpermitted
construction, and the construction of 1,025 square feet of new habitable area to an existing
1,052 square foot residence (400 square foot, detached garage not included). The
Landslide Moratorium Exception Permit also included the construction of a 050 square foot
deck at the rear of the residence that will extend over an extreme slope (35% or greater
slope); and,
WHEREAS, on May 19, 2014„ the applicant submitted Variance, Coastal Permit,
Height Variation and Extreme Slope Permit applications to the Community Development
Department for review and processing; and,
WHEREAS, on September 22, 2014, after the submittal of addition information and
construction of the required project silhouette, the application for Planning Case
No. ZON2014-00192 was deemed complete by Staff;. and,
WHEREAS, pursuantto 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 Variance, Coastal
Permit, Height Variation or Extreme Slope Permit would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15301(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 October 28, 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: The Variance to allow 1) construction of an addition and exterior
staircase on an extreme slope, 2) non-conforming front and west side yard setback, 3) non-
conforming lot coverage and 4) an addition within the Coastal Setback Zone can be
approved because:
1.1 Construction of an Addition and Exterior Staircase over an Extreme Slope
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property or designated land use that do not apply to other properties in the same
zoning district because the subject property is located in a unique community known
as the Portuguese Bend Club, which is not similar to other communities of the same
RS-2 zoning district. The property is a pad lot with an extreme slope that traverses a
large portion of the rear yard, similar to other properties located within the
Portuguese Bend Club. These properties are substantially smaller in size compared
to other properties located within the same zoning district. Given the challenging
topography and substandard lot sizes, many of the residence are developed over an
extreme slope. Furthermore, the applicant's proposed additions and exterior stair
structure would create a residential structure that is compatible with other homes in
the neighborhood, despite the challenging topography and lot area of the site.
B. The addition and exterior stair structure are necessary for the preservation and
enjoyment of a substantial property right of the applicant, which is possessed by
other property owners in the same zoning district because many other homes within
the immediate neighborhood have multi-story homes, whereby the livable area is on
an extreme slope. In order to accommodate additional habitable area that would be
compatible with the surrounding neighborhood, the applicant designed an addition
over an extreme slope, similar in design to other homes, specifically the four (4)
homes directly to the east of the subject property. Furthermore, due to the
constraints of the legal, non-conforming residential lot area and lot depth/width, the
property owners within this neighborhood are restricted when it comes to
development and are often required to apply for Variances to allow typical additions.
C. Construction of the addition and exterior stair structure will not be materially
detrimental to the surrounding neighborhood as the applicant has submitted and
received approval of a geology report reviewed by the City Geologist indicating that
there are no geological hazards caused by the proposed additions. Additionally, all
construction is required to adhere to the provisions of the California Uniform
Building Code, as amended by the City of Rancho Palos Verdes.
D. Construction of the addition and exterior stair structure would not be contrary to the
goals and policies set forth in the General Plan and/or Coastal Specific Plan as the
General Plan land use designation for the subject property is Residential 1-2
DU/acre and the development and improvement of additions to a single-family
residence and related accessory structures are among the primary permitted uses
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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 Cityto "[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 as the proposed construction and deviations from the
code are common within the Portuguese Bend Club.,
1.2 Non-conforming Front and West Side Yard Setbacks
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property or designated land use that do not apply to other properties in the same
zoning district because upon surveying the immediate neighborhood, the majority of
residences surrounding this property do not have conforming front, side or rear yard
setbacks due to the shallow depths of the lots which are not typical for RS-2 zoning
districts. Many of the homes provide a single-story appearance from the top of the
lot and a multi-story appearance from bottom. Furthermore, as a result of the non-
conforming lot areas that are substantially less than 20,000 square feet (typical for
RS-2 zones), many of the homes in the neighborhood are designed with multi-story
(2-3 levels) facades, whereby the garage is at the bottom and the livable area is
above. As such, the non-conforming 7'-6 3/4" front yard setback and 3'-6 1/8" west
side yard setback will be consistent with other non-conforming setbacks found
within the immediate neighborhood,
B. The non-conforming front- and west-side yard setbacks are necessary for the
preservation and enjoyment of a substantial property right of the applicant, which is
possessed by other property owners in the same zoning district because the
majority of the homes in immediate neighborhood have non-conforming front, side
and rear yard setbacks. This is due to the fact that the lots are smaller in area, lot
depth and lot width to other lots within the RS-2 Zoning District, thereby restricting
the amount of the buildable area on the lots. In order to develop additions that are
typical in RS-2 zoning districts and compatible with the development found within
the neighborhood, property owners request Variances to reduce the required
setbacks,
C. Construction of the addition with a non-conforming front- and west-side yard
setback will not be materially detrimental to the surrounding neighborhood as the
applicant has submitted and received approval of a geology report reviewed by the
City Geologist indicating that there are no geological hazards caused by the
proposed additions. Additionally, all construction is required to adhere to the
provisions of the California Uniform Building Code, as amended by the City of
Rancho Palos Verdes.
P.C. Resolution No. 2014-27
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D. Construction of the addition with a non-conforming front- and west-side yard
setback would not be contrary to the goals and policies set forth in the General Plan
and/or Coastal Specific Plan as the General Plan land use designation for the
subject property is Residential 1-2 DU/acre and the development and improvement
of additions to a single-family residence and related accessory structures 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 as the
proposed construction and deviations from the code are common within the
Portuguese Bend Club.
1.3 Non-conforming Lot Coverage in the RS-2 Zoning District
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property or designated land use that do not apply to other properties in the same
zoning district because the majority of the properties within the Portuguese Bend
Club do not meet the required 40% lot coverage, as required by the RS-2 Zoning
District, Many of the properties are developed with residences, accessory structures
and impervious surfaces areas that are well above the 40% maximum allowable lot
coverage. This is likely a result of the non-conforming lot areas that are significantly
less than 20,000 square feet, which is the minimum lot size in the RS-2 Zoning
District. Similar to other properties found within the immediate neighborhood, the
subject property is only 5,055 square feet in area, and the additions will result in an
overall lot coverage of 2,871 square feet, or 56.7% of the lot area.
B. The non-conforming lot coverage is necessary for the preservation and enjoyment
of a substantial property right of the applicant, which is a property right possessed
by other property owners in the Portuguese Bend Club whereby many of the lots
and homes do not conform with the maximum allowable lot coverage of 40%.
Similar to other properties within the immediate neighborhood, the subject lot is
substantially smaller than other lots located in the RS-2 zoning district and has a
limited ability to be brought into compliance with the development standards of the
RS-2 zone, as it relates to lot coverage. Approval of the non-conforming lot
coverage allows the property owner to expand the residence and on-site
improvements, thereby enjoying the properties located within the unique Portuguese
Bend Club neighborhood have non-conforming lot areas that are significantly less
than 20,000 square feet, similar to the subject property.
C. Construction of the addition with a non-conforming lot coverage of 567%will not be
materially detrimental to the surrounding neighborhood as the applicant has
submitted and received approval of a geology report reviewed by the City Geologist
indicating that there are no geological hazards caused by the proposed additions.
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Additionally, all construction is required to adhere to the provisions of the California
Uniform Building Code, as amended by the City of Rancho Palos Verdes.
D. Construction of the addition with a non-conforming lot coverage of 56.7%would not
be contrary to the goals and policies set forth in the General Plan and/or Coastal
Specific Plan as the General Plan land use designation for the subject property is
Residential 1-2 DU/acre and the development and improvement of additions to a
single-family residence and' related accessory structures 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 assist in 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 as the proposed
construction and deviations from the code are common within the Portuguese Bend
Club.
1.4 Addition over 250 square feet in the Coastal Setback Zone
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property or designated land use that do not apply to other properties in the same
zoning district because the subject lot is 5,055 square feet in area, whereas other
properties in the RS-2 zoning district measure approximately 20,000 square feet in
area, on average. The property, which is entirely located within the Coastal Setback
Zone, is surrounded by other single-family residences on legal, non-conforming lots
and a common open-space lot to the rear. These surrounding lots limit the ability of
expanding the subject lot to be in conformance with the 20,000 square foot standard
for lots in the RS-2 zone, Furthermore, since the property is located entirely within
the Coastal Setback Zone, it is not possible to add to the house outside of this
setback zone.
B. The proposed additions which exceed 250 square feet are necessary for the
preservation and enjoyment of a substantial property right of the applicant, which is
possessed by other property owners in the same zoning district because the subject
property is located within the Portuguese Bend Club whereby the lots and homes do
not conform to all the development standards of the RS-2 zoning district, including
minimum lot sizes. As noted in the previous finding, the subject lot is substantially
smaller than other lots located in the RS-2 zoning district and has a limited ability to
be brought into compliance with the development standards of the RS-2 zone.
Approval of the Variance would allow the property owner to expand the residence,
thereby enjoying a home that is closer in size to other homes with the same zoning
district.
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C. Construction of an addition larger than 250 square feet within the Coastal Setback
Zone will not be materially detrimental to the surrounding neighborhood as the
applicant has submitted and received approval of a geology report reviewed by the
City Geologist indicating that there are no geological hazards caused by the
proposed additions. Additionally, all construction is required to adhere to the
provisions of the California Uniform Building Code, as amended by the City of
Rancho Palos Verdes.
D. Construction of an addition larger than 250 square feet within the Coastal Setback
Zone would not be contrary to the goals and policies set forth in the General Plan
and/or Coastal Specific Plan as the General Plan land use designation for the
subject property is Residential 1-2 DU/acre and the development and improvement
of additions to a single-family residence and related accessory structures 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 as the
proposed construction and deviations from the code are common within the
Portuguese Bend Club,
Section 2: The Coastal Permit to all the additions within the Coastal Zone can be
approved because:
A, The development is consistent with the Coastal Specific Plan. The subject site is
located within Subregion 6 of the Coastal Specific Plan which is an existing
residential area which is solely developed with beach facilities and lies within the
confines of the Portuguese Bend Club, a private, gated community. This region is
bordered by the Active Portuguese Bend Landslide to the west and by the Trump
National driving range, which is part of Subregion 7. The intent of Subregion 6 of the
Coastal Specific Plan is to protect natural resources as well as public access and to
maintain the "strong unified character...and active homogeneity which establishes it
as a distinct neighborhood."The neighborhood surrounding Yacht Harbor Drive and
Spindrift is comprised of a majority of one and two-story residences with a
beach/cottage appearance. The proposed construction is inline with other
development found along Spindrift and the immediate neighborhood, thereby
maintaining the character and homogeneity found within this neighborhood and
consistent with Subregion 6 of the Coastal Specific Plan, Furthermore, the project
site is currently developed as a single-family residence and the site is not located in
an area dedicated for public access.
B. The "Path and Trail Network" Section of Subregion 6 of the City's Coastal Specific
Plan states, "no public trails or coastal access points are provided now within the
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subregion[6], nor are they proposed for the future...This private access is a positive
measure in controlling human exposure to the sensitive intertidal habitat in the
area."Further, the subject property and proposed development does not affect the
other public access and recreation policies identified in the Corridor Element of the
City's Coastal Plan. As such, this finding can be made.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for a Height Variation to allow the construction of 1,052 square
feet of additional habitable area to the existing single-story residence:
A. The applicant has complied with the Early Neighbor Consultation process
established by obtaining 9 signatures from the properties within 100 feet(75%) and
31 signatures from the property owners within 500 feet (53.4%) of the subject
property.
B. The Height Variation is warranted since the proposed additions which exceed
sixteen feet in height do 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 views from the properties within the
Portuguese Bend Club neighborhood are generally to the south and west,
overlooking the Pacific Ocean and Catalina Island. Residences located to the west
and east of the subject property have views in a south direction and would not be
affected by height of the primary residence. Furthermore, the project would not
affect any homes to the south (along Spindrift) and there are no homes located to
the north, across Yacht Harbor.
E. 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
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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 and the project is maintaining the
single-story configuration that previously existed and is common as seen along
Yacht Harbor Drive.
F, The existing residence and proposed additions do not comply with the City's
Development Code standards with regard to setbacks, lot coverage or development
over an extreme slope. The project includes a Variance request to allow a 7'-6 W,
front yard setback (20'-0" required), 3'-6 1/8"west side yard setback(5'-0"required)
and a 56.7% lot coverage (40% maximum required). Additionally, a portion of the
proposed additions would be located over and existing extreme slope. These
deviations to the Development Code may be permitted through approval of the
Variance associated with the setbacks, lot coverage and extreme slope
development.
GThe proposed structure, as conditioned, is compatible with the immediate
neighborhood character in terms of the scale of surrounding residences,
architectural style and bulk and mass. The homes range in size from 825 square
feet to 3,155 square feet. The average home size for all of the 20 closest homes is
1,740 square feet. The proposed residence will yield a 2,652 square foot single-
story residence (existing detached garage included). While the size of the new
residence is larger than the average of the 20 closest homes, the square footage of
the subject residence would not exceed the largest home in the neighborhood and
would not create an anomaly, in terms of scale, and thereby resulting in a structure
that is compatible with the surrounding neighborhood. Furthermore,the architectural
style of the proposed primary residence and additions would be similar in
architectural style to other residences found within the surrounding neighborhood,
incorporating decks/balconies along the rear fagade and strait lines, reminiscent of
beach cottage architecture. The fagade treatments include the appearance of wood
siding around all facades of the residence, with shingle-tile roof materials. Lastly,
the overall height of the residence will be similar in height to other homes found
within the immediate neighborhood with a single-story configuration of the primary
residence as seen from Yacht Harbor Dr. and a 2-story configuration as seen from
Spindrift.
H. The Height Variation can be made since the new residence would not create an
unreasonable infringement of the privacy of the occupants of abutting residences.
Due to the location of the proposed additions and the site design of the adjacent
neighboring properties, there will not be any privacy impacts from the proposed
additions. Specifically, given the single-story configuration of the proposed
additions, the height of the proposed windows along the east fagade and the
existing side yard property line fence that separates 85 Yacht Harbor and the
property to the east (86 Yacht Harbor), there would not be any privacy impacts to
P.C. Resolution No. 2014-27
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the easterly neighbor. Furthermore, there are not views into the easterly
neighboring property due to existing foliage on both properties.
Section 5: The Planning Commission makes the following findings of fact with
respect to the Extreme Slope Permit to allow a portion of deck in the rear yard to extend a
maximum of 6-feet beyond the top of and extreme slope:
A. The site cannot reasonably accommodate the structure except on an extreme slope
because a large portion of the rear yard is comprised of an extreme slope and there
is a limited amount of useable rear yard area. The project was designed so that a
majority of the rear yard deck is not located an the existing extreme slope. However,
a small portion of the deck would extend a maximum of 6-0" beyond the top of the
extreme slope in order to connect the deck to the basement addition and exterior
staircase, which provide access to the rear of the lot and detached garage at the
bottom of the existing slope. Given the constraints associated with the extreme
topography and separation between the main residence and detached garage, the
only way to reasonably connect the rear yard deck to the access staircase is via a
small portion of the deck that extends over the extreme slope. The deck projecting
over the extreme slope is the best alternative to expanding the utilization of the
applicant's yard and providing the appropriate connection to allow access from main
residence to the rear of the property and detached garage. Furthermore, given the
hillside topography found through the City limits, decks that extend beyond the top
of an extreme slope are not uncommon.
B. The Extreme Slope Permitwill result in no significant adverse effect on neighboring
properties in terms of view impairment, visual impact, slope instability, increased
runoff and other adverse impact As part of the Building and Safety review of the
deck, the applicant will need to satisfy the City's Building Official by providing the
necessary plans, calculations and information to demonstrate that the deck has
been engineered and constructed in a manner that meets the requirements of the
California Building Code. This also includes review and approval by the City
Geologist, which the applicant already completed. These reviews ensure that the
deck will not create slope instability, increased runoff or other adverse impacts to
the health and safety of the subject property or adjacent properties. In addition to
the structural aspects of the deck, a view and visual analysis of the proposed deck
concluded that the limited portions of the rear deck that extend beyond the top of an
extreme slope would not be visible from neighboring properties. This is due to
existing fencing and foliage that is located between the subject property and
adjacent properties,
C. The proposed portions of the deck that extend 6-0" beyond the top of an extreme
slope will not result in an unreasonable infringement of the privacy of the occupants
of abutting residences due to the terraced topography of the neighborhood and lot
orientation of the surrounding neighborhood. Furthermore, the portions of the deck
P.C. Resolution No. 2014-27
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that extend beyond the top of an extreme slope would not be visible from
neighboring properties due to existing property line fences and foliage found the
subject property as well as neighboring properties.
D. The proposed portions of the deck that extend beyond the top of the extreme slope
will not create any significant disturbance of the existing slope. The deck would not
affect the natural contours of the existing slope and would cantilever over the slope,
thereby maintaining the majority of the existing slope.
E. The portion of the rear yard deck that extends beyond the top of an extreme slope is
consistent with the goals and policies of the general plan and coastal specific plan.
According to the General Plan, "It is the goal of the City of Rancho Palos Verdes to
preserve and enhance the community's quality living environment; to enhance the
visual character and physical quality of existing neighborhoods; and to encourage
the development of housing in a manner which adequately serves the needs of all
present and future residents of the community-"Through the approval of an Extreme
Slope Permit for the deck, the project will adequately serve the needs of the
property owner by allowing him/her to have a sufficient, functional, useable and safe
rear yard. Additionally, the project will not have a negative impact to the visual
character and physical quality of the existing neighborhood..
Section 6: 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 October 28, 2014, the date of the Planning Commission's final action.
Section 7: 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 Variance,
Coastal Permit, Height Variation and Extreme Slope Permit(Planning Case No. ZON2014-
00192) for the legalization of a 175 square foot addition and construction of 1,052 square
feet of new habitable area to the 1,052 square foot existing single-family residence (400
square foot detached garage not included), and construction of a 350 square foot deck
located at 85 Yacht Harbor Drive, subject to the conditions of approval in the attached
Exhibit °A'.
P.C. Resolution No. 2014-27
Page 10 of 16
PASSED, APPROVED, AND ADOPTED this 28th day of October 2014, by the following
vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner, James, Tomblin,
Vice Chairman Nelson and Chairman Leon
NOES: None
ABSTENTIONS.- None
ABSENT: None
Gordon Leon
Chairman
Joel R0jgA-\_A1C-_T--_
/ I
CommV,nityl Develop n Director
U
P.C. Resolution No. 2014-27
Page 11 of 16
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2014-00192
(Freeman, 85 Yacht Harbor)
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 contained in this
Resolution. 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 conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements,the applicant
shall obtain an encroachment permit from the Director of Public Works.
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 Community Development Director is authorized to make minor modifications to
the approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Otherwise, any substantive change to the project shall require
approval of a revision by the 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.
6. 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 17.86,06,0 of the City's Municipal Code.
7. 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
this Resolution, 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
P.C. Resolution No. 2014-27
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Development Department and approved by the Director.
8. 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,
9. 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 this Resolution.
10, This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions or
on the stamped APPROVED plans.
11. 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.
12. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed on
a weekly basis by the contractor or property owner. Existing or temporary portable
bathrooms shall be provided during construction. Portable bathrooms shall be
placed in a location that will minimize disturbance to the surrounding property
owners, to the satisfaction of the City's Building Official.
11 Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9.00AM to 5:00PM on 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. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
the adjoining street rights-of-way before 7AM Monday through Friday and before
9AM on Saturday, in accordance with the permitted hours of construction stated in
this condition. When feasible to do so, the construction contractor shall provide
staging areas on-site to minimize off-site transportation of heavy construction
equipment. These areas shall be located to maximize the distance between staging
activities and neighboring proper-ties, subject to approval by the building official.
14. The approved project is permitted to exceed the maximum allowable lot coverage of
P.C. Resolution No. 2014-27
Page 13 of 16
40% (56.7% proposed),
15. The approved main residence shall maintain setbacks of 7'-63/4"front(north), 35-6
rear (south), 3'-6 1/8" west side and 5-0... east side, as depicted on the stamped
APPROVED plans on file with the Planning Division. BUILDING SETBACK
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to foundation forms inspection.
16. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and Win depth, with minimum 7' vertical clearance.
17. 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,
18. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
19. No more than 50% of any existing interior and exterior walls or existing square
footage may be removed or demolished. Residential buildings that are remodeled
or renovated such that 50% or greater of any existing interior or exterior walls or
existing square footage is demolished or removed within a two-year period shall be
considered a new residence and shall then conform to all current development
standards for that zoning district and the most recently adopted version of the
Uniform Building Code.
20. Prior to the issuance of building permits, the applicant shall demonstrate the
project's compliance with the South Coast Air Quality Management District Rule 445
and the City Municipal Code requirements regarding wood-burning devices,
21. This approval is for the legalization of a 175 square addition and construction of
1,052 square feet of new habitable space, resulting in a 2,252 square foot, 2-story
residence (not including an existing 400 square foot detached garage). BUILDING
AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or
civil engineer prior to building permit final.
22. This project also includes construction of a 350 square foot deck in the rear yard, a
portion of which extends a maximum of 6'-0" beyond the top of an extreme slope.
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23, A portion of the rear yard addition and basement are permitted to be constructed on
an extreme slope (35% or greater slope), as depicted on the stamped APPROVED
plans on file with the Planning Division,
24. An exterior stair structure is permitted to be constructed over an extreme slope
(35% or greater slope), as depicted on the stamped APPROVED plans on file with the
Planning Division. The exterior stair structure shall not exceed a maximum height of
12'-0", as measured from lowest finished grade adjacent to the stair structure.
25. The maximum ridgeline of the approved project is 142.78', BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection. The overall height of the main residence
would measure 15-0", from the highest grade elevation adjacent to the structure
(elev. 127,56') to the highest ridgeline (elev. 142.78'), and 25'-9 3/8", as measured
from the lowest finished grade adjacent to the structure (elev. 117.0')to the highest
ridgeline (elev. 142.78').
26. This project only includes a total of 18 cubic yards of grading. A total grading
quantity that exceeds 20 cubic yards as part of this project approval will require
further review by the Planning Department.
Landslide Moratorium Exception Conditions
27. If lot drainage deficiencies are identified by the Director of Public Works, all such
deficiencies shall be corrected by the applicant.
28. Roof runoff from all buildings and structures on the site be contained and directed to
the streets or an approved drainage course.
29. If required by the city geotechnical staff, the applicant shall submit a soils report,
and/or a geotechnical report, for the review and approval of the city geotechnical
staff.
M A hold harmless agreement satisfactory to the city attorney promising to defend,
indemnify and hold the city harmless from any claims or damages resulting from the
requested project. Such agreement shall be submitted to the director prior to the
issuance of a building permit.
31. The applicant shall submit for recordation a covenant agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit
further projects on the subject site without first filing an application with the director
pursuant to the terms of this chapter. Such covenant shall be submitted to the
director for recordation prior to the issuance of a building permit.
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32. All landscaping irrigation systems shall be part of a water management system
approved the director of public works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
33. All other necessary permits and approvals required pursuant to this Code or any
other applicable statute, law or ordinance shall be obtained.
P.C. Resolution No. 2014-27
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