PC RES 2001-028P.C. RESOLUTION NO. 2001- 28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO. 485, .GRADING
PERMIT NO. 2294 AND ENCROACHMENT PERMIT NO. 34, FOR THE
CONSTRUCTION OF A 355 SQUARE FOOT ADDITION AT THE FRONT
OF THE RESIDENCE THAT WILL ENCROACH 15 -FEET INTO THE
REQUIRED 20 -FOOT FRONT YARD SETBACK AND MAINTAINING A
FIVE (5) FOOT FRONT YARD SETBACK, 60 CUBIC YARDS OF
GRADING, AND A 3 -FOOT HIGH RETAINING WALL AND 5 -FOOT HIGH
WROUGHT IRON FENCE TO REPLACE AN EXISTING CHAIN LINK
FENCE, FOR PROPERTY LOCATED AT 3825 CREST ROAD.
WHEREAS, on May 14, 2001, the applicant, William Urso, representing property
owner Peter Shaw, submitted applications for Variance No. 485 and Encroahment Permit
No 34 requesting approval for a 355 square foot addition to the front of the residence with
a 5 -foot front yard setback and a wall and fence within the public right-of-way, for property
located at 3825 Crest Road, and,
WHEREAS, on June 13, 2001, the applications were deemed incomplete pending
the submittal of additional information; and,
WHEREAS, on August 3, 2001, the applications were augmented with the submittal
of Grading Permit No. 2294, and subsequently 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 Regulation, 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 Variance No. 485, Grading Permit No 2294 and
Encroachment Permit No. 34 would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt under Class 1
(Existing Structures) since the project involves an addition to an existing residential
structure; 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 September 11, 2001, at which time all interested parties were given an opportunity to
be heard and present evidence;
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Section 1: The project site is subject to exceptional or extraordinary
circumstances or conditions which do not apply generally to other properties in the RS -2
zoning district, and the project site is different from other properties in the same zoning in
a material way; since the property contains an extreme down-slope at the rear of the
property, the area to the rear is currently improved with a swimming pool and pool house,
and the area on the west side of the property contains a slope easement that cannot be
constructed upon. Thus, the only feasible location to construct an addition is at the
proposed location, which is currently landscaped and utilized as a front yard area.
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right which is possessed by other property owners in the same zoning
district Unlike other parcels in the same zoning district, many parcels contain a pad area
or other area on the lot that can accommodate development without encroaching into
setbacks or extreme slope areas of the site, and thereby do not require a variance
application. Due to the physical constraints of the subject property, the proposed addition
cannot be accommodated within the standards of the Development Code requirements,
and the only feasible location for an addition to the residence is towards the front yard area,
which results in an encroachment into the required front yard setback
Section 3: The granting of the variance will not be detrimental to the public
welfare or injurious to property and improvements in the area in which the property is
located The location of the addition will continue to maintain a 40 -foot setback from the
curb line of the street; the Public Works Department has indicated that there are no
concerns or issues regarding impairment or obstruction of vehicular visibility resulting from
the addition.
Section 4: The variance will not be contrary to the objectives of the General Plan
or the policies and requirements of the Coastal Specific Plan in that the addition will not be
detrimental to the public welfare, or injurious to property and improvements in the area.
Further, the addition will be located approximately 40 feet from the curb line of the street,
which mitigates concerns of dominance of the structure and mitigates impairment of
vehicular visibility.
Section 5: The grading does not exceed that which is necessary for the permitted
primary use of the lot, since the grading will facilitate the construction of an addition, and
will create a level area to the front of the addition to allow for additional usable area for
private recreational opportunities
Section 6: The grading does not significantly affect the visual relationships with,
nor the views from, neighboring properties The area between the street and the residence
is not readily visible from the street, and the new 3 -foot high retaining wall will not be visible
to motorists or pedestrians Further, the grading will create a level area and will not raise
the topography of the site.
Section 7: The nature of the grading minimizes disturbance to the natural
contours since there are no natural slopes at the area to be graded
P C Resolution No. 2001--28
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Section 8: The grading takes into account the natural topographic features and
appearances since the area was created when the residence was originally constructed,
and there are no natural contours.
Section 9: The grading conforms with all other applicable grading standards,
since the grading will not create a retaining wall that is higher than 42 -inches, no grading
is proposed into an extreme slope, and no extreme slope will be created.
Section 10: The encroachment is not detrimental to the public welfare since the
wrought iron fence will replace an existing chain link fence and the new wall will be located
between the new fence and the addition Further, the Director of Public Works has
reviewed the proposal and has determined that the retaining wall and fence present no
hazards to traffic safety and visibility.
Section 11: The new wrought iron fence will replace an existing chainlink fence
and will not intensify the existing situation, and limiting the wall and fence to the subject
private property does not increase safety since the situation has existed for years prior, and
the Director of Public Works has determined that there are no safety risks.
Section 12: The wall and fence are not inconsistent with the general intent of the
Development Code, since fences and walls within the front yard area is a common
accessory structure found on residential properties throughout the City Further, since the
city has no intention of providing sidewalks, the fence and wall will not create an
impediment to vehicular and pedestrian traffic
Section 13: There are no impacts resulting from illumination since the proposed
fencing does not involve the placement of lighting fixtures.
Section 14: The encroaching fence and wall do not significantly impair a protected
view from a surrounding property due to the topography of the area and the orientation of
the surrounding residences The wall and fence will not project up into any view
Section 15: 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 approves Variance No. 485,
Grading Permit No. 2294 and Encroachment Permit No 34, for a 355 square foot addition
to the front of the residence with a 5 -foot foot front yard setback, 60 cubic yards of grading,
and a fence and wall within the public right-of-way, subject to the conditions contained in
the attached Exhibit "N', attached hereto and made a part hereof, which are necessary to
protect the public health, safety, and welfare
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Section 16: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.76.040(H) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing and with the appropriate appeal fee, no later than fifteen (15) days following
September 11, 2001, the date of the Planning Commission's final action.
PASSED, APPROVED, AND ADOPTED this 11th day of September 2001, by the following
vote
AYES: Cartwright, Long, Lyon, Mueller, Paulson, Vannorsdall
NOES None
ABSTENTIONS None
ABSENT: Clark
!P1
Jof I Rojas, AICPt )
Dir of Plan rkng/Bu i Iding and
Code Enforcement; and, Secretary
to the Planning Commission
&4zie-�
Frank Ly&01'
Planning Commission Chairman
P C Resolution No. 2001-- 28
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
VARIANCE NO. 485,
GRADING PERMIT NO. 2294,
ENCROACHMENT PERMIT NO. 34
Prior to the submittal of plans into Building and Safety plan check, the applicant
and/or 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 approval.
Failure to provide said written statement within ninety (90) days following the date
of this approval shall render this approval null and void.
Variance.
2 Variance No. 485 allows a 355 square foot addition at the front of the existing
residence, encroaching 15 -feet into the required 20 -foot front yard setback, and
thereby maintaining a 5 -foot setback from the front property line SUBMITTAL OF
SETBACK CERTIFICATION REQUIRED BY A REGISTERED CIVIL ENGINEER
PRIOR TO POURING OF FOUNDATION.
Grading Permit.
3. Grading Permit No 2294 allows for a total of 60 cubic yards of grading in the front
yard area and into the public right-of-way, at the location of the new addition to
create a flat/level front yard area
4. A maximum 3 -foot high retaining wall is approved, down-slope from the street. The
retaining wall shall not project more than 18 feet into the public right-of-way, and
shall maintain a 17 -foot setback from the curb line of the street.
Encroachment Permit -
5. Encroachment Permit No 34 allows the construction of the 3 -foot high retaining wall
within the public right-of-way. The retaining wall shall not project more than 18 feet
into the public right-of-way, and shall maintain a minimum 17 -foot setback from the
curb line of the street
6. Encroachment Permit No. 34 also allows for the construction of a 5 -foot high
wrought iron fence to replace an existing chain link fence and pilasters, at the same
location within the public right-of-way The new wrought iron fence shall not project
P.C. Resolution No. 2001--28
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more than 24'6" into the public right-of-way, and shall maintain a minimum 10'6"
setback from the curb line of the street
7 The pilasters shall maintain a minimum separation of 6 feet Further, the fence and
pilasters shall be constructed so that no less than 80 -percent of the vertical surface
is open to permit the transmission of light, air or vision through said surface in a
horizontal plane.
8. Prior to construction of the fence and wall, the owner shall submit to the City an
"Indemnification and Hold Harmless" agreement for recordation, to the satisfaction
of the City Attorney
9. Prior to construction of the fence and wall, the owner shall submit to the City a Use
Restriction Covenant for recordation, agreeing to remove the encroachment within
ten (10) days of notice given by the Director of Public Works, except in case of an
emergency where less notice may be required. the owner shall also acknowledge
that failure to remove the encroachment within the specified time will result in
removal of the structure by the City, and that the owner shall be billed by the City for
the costs of removal of the encroaching structure.
10. Prior to construction of the fence and wall, the owner shall obtain an Encroachment
Permit from the Department of Public Works The owner shall be responsible for
any fees associated with the issuance of said permit
11 The encroachment shall be constructed and installed in accordance with the
approved plans, and the owner shall comply with all conditions and requirements
that are imposed on the project.
12 Prior to construction of the fence and wall, the owner shall submit to the City a
covenant, subject to the satisfaction of the City Attorney, which records these
requirements (of the encroachment permit) as conditions running with the land, and
binding all future owners of the property which is benefited by the encroachment
(i e , underlying right-of-way, adjacent property, or common area owned by a
homeowners association, if any) until such time as the encroaching structure is
removed from the right-of-way.
13. The owner shall comply with all recommendations and requirements, if any, required
by the City's Planning Commission, Traffic Committee, or Traffic Engineer
14. No lighting fixtures may be affixed to the encroaching wall without the approval of
a revision to this Encroachment Permit.
15. In the event that a Planning requirement and a Public Works Department
requirement are in conflict with one another, the stricter standard shall apply.
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General Condition.
16 The maximum height of the addition shall not exceed the height of the existing
residence (12'9"), as measured from adjacent grade to top of ridgeline
17 The addition shall maintain the setbacks illustrated on the approved plans, but in no
way shall be less than the following
Front: 5'0" (Certification Required) Side 5'0" Rear- 15'0"
18 No grading or construction is allowed within the slope easement at the west side of
the property
19 Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval
20 In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply
21 The hours of construction shall be limited to 7 00 a.m to 7 00 p m , Monday through
Saturday No construction shall be permitted on Sundays or on legal holidays
22 The construction site 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 is not 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
23 The maximum eave projection allowed into the required setback areas shall not
exceed 6 -inches for each 1 -foot of required setback.
24 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions
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