PC RES 2003-006 0 0
P.C. RESOLUTION NO. 2003-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A HEIGHT VARIATION,
GRADING PERMIT, AND SITE PLAN REVIEW (CASE NO. ZON2003-
00437), THEREBY PERMITTING A 1,328 SQUARE FOOT TWO STORY
ADDITION, A 310 SQUARE FOOT DETACHED CABANA, A
SWIMMING POOL WITH SPA, AND 146 CUBIC YARDS OF GRADING
FOR PROPERTY LOCATED AT 30339 RHONE DRIVE.
WHEREAS, On August 27, 2002, the applicant submitted an application for a Height
Variation, Grading Permit, and Site Plan Review. This application is a request to construct a
1,328 square foot two story addition to an existing 3,809 square foot single-family residential
dwelling unit; construct a 310 square foot detached cabana, construct a swimming pool with
spa, and grade 146 cubic yards of earth. These applications were deemed incomplete on
September 25, 2002, due to missing and incomplete information on the application and/or on
the submitted plans. On January 6, 2003, the remaining information was submitted to staff;
and,
WHEREAS, on January 8, 2003, the applications for Height Variation, Grading Permit,
and Site Plan Review were 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 Height Variation, Grading Permit, and Site Plan
Review, would have a significant effect on the environment and, therefore, the proposed project
has been found to be categorically exempt under Class 3 (Section 15303); and,
WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
February 25, 2003, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project includes the construction of a 1,328 square foot
addition to an existing 3,809 square foot single-family residential dwelling unit, a 310 square foot
detached accessory structure (cabana), a swimming pool with spa, and 146 cubic yards of
grading.
Section 2: The Height Variation is warranted since the applicant has complied with
the early neighborhood consultation process established by the city by obtaining 75% of the
property owners' signatures within 100 feet and 27% of the signatures of the property owners'
signature within 500 feet of the subject site.
Section 3: The Height Variation is warranted since the structure 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
P.C. Resolution No. 2003-06
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Plan, as a city-designated viewing area. The subject property is not located between these
viewing areas and their respective view.
Section 4: The Height Variation is warranted since the proposed structure is not
located on a ridge or promontory. The subject property is located within a fully developed
single-family residential tract. The tract is not located on a ridge or a promontory, as defined in
the Municipal Code.
Section 5: The Height Variation is warranted since the structure is designed and
situated in such a manner as to minimize impairment of a view. The applicant has proposed to
utilize the existing flat roof design and limit the addition such that it does not decrease the side
yard setbacks.
Section 6: The Height Variation is warranted since there is no significant cumulative
view impairment caused by granting the application. Since the applicant is not increasing the
ridge height, nor reducing the side yard setbacks, the proposed addition will not contribute to a
cumulative impact, even if the adjoining properties were to construct additions.
Section 7: The Height Variation is warranted since the proposed structure, when
considered exclusively of existing foliage, does not significantly impair a view from the viewing
area of another parcel. As noted in the previous two sections no view impairment to other
properties is caused by the structure.
Section 8: The Height Variation is warranted since the proposed structure complies
with all other code requirements, in as much as the proposal meets all requirements of Title 17
of the City of Rancho Palos Verdes Municipal Code.
Section 9: The Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character. The proposed structure the proposed
residence is consistent with the neighborhood character with respects to architectural style and
materials, scale of the surrounding residences, and front yard setback.
Section 10: The Height Variation is warranted since the proposed structure does not
result in an unreasonable infringement of the privacy of the occupants of abutting residences.
The design of the residence and the addition does not create an unreasonable infringement
onto the privacy of other properties.
Section 11: The grading does not exceed that which is necessary for the permitted
primary use of the lot, as defined in Chapter 17.96 of the Municipal Code. The permitted primary
use of the property is single-family residential. The grading permit is to allow an expansion of
the single-family residence and ancillary uses to the single-family residence.
Section 12: The grading and/or related construction does not significantly adversely
affect the visual relationships with, or the views from, neighboring properties. As noted in
Sections 5, 6, and 8, there will be no view impairment with the proposed project.
Section 13: The nature of the grading minimizes disturbances to the natural contours
and finished counters are reasonably natural. The applicant has minimized the amount of
grading on slope, thereby leaving the natural contours undisturbed.
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Section 14: The grading takes into account the preservation of natural topographical
features and appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into natural topography. The proposed grading does not include the
creation of manufactured slopes. Additionally, the proposed grading on the pad blends said
area into the existing slopes.
Section 15: The grading would not cause excessive and unnecessary disturbance of
the natural landscape or wildlife habitat through removal of vegetation. The vegetation that
exists in the proposed grading area consists primarily of ivy and grass, which is not considered
part of the natural vegetation of the area and does not serve as a wildlife habitat.
Section 16: The grading conforms to the standards for grading on slopes and heights
of cut and fill; however, the grading does not conform to the standards of height of retaining
walls. The proposal does not include any grading over slopes greater than 50% gradient and
does not include any cuts of fill greater than five feet. Nonetheless, the proposed driveway
retaining wall and downslope retaining wall exceed the standards set forth in Municipal Code
17.76.040(E)(9).
Section 17: Although the proposed retaining walls do not meet all of the criteria
required for approval of a Grading Permit, pursuant to Municipal Code Section No.
17.76.040(E)(10) the deviation in the criteria is warranted and the project is approved because
a) The first eight criteria Municipal Code Section No. 17.76.040 have been satisfied.
b) The approval is consistent with the purpose of Municipal Code Section No. 17.76.040.
The purpose of the chapter is to provide reasonable development of land, ensure the
maximum preservation of the scenic character of the area, ensure that the development
of properties occurs in a manner harmonious to adjoining properties, and that the project
complies with the goals and polices of the General Plan. The requested deviation in
retaining wall height will not have a negative impact to the scenic character of the area
since the driveway retaining wall is below the street elevation and will not be visible from
the right-of-way or adjoining properties and due to the topography of the lot, the
appearance of the downslope retaining wall, as viewed from adjoining properties, is
minimized. Furthermore, permitting this deviation allows for an addition to the residence
and accommodates an area for a swimming pool.
c) Departure of the standards will not constitute a special privilege with the limitations upon
other properties in the vicinity. The proposed deviation in the retaining wall height are
being requested to provide stability for the driveway and to provide sufficient rear yard
area to accommodate the swimming pool, which other properties in the area have.
d) Departure from the standards will not be detrimental to the public safety, nor to other
property. Prior to issuance of building permits, the applicant is required to engineer the
retaining wall to meet the requirements of the building code and have the City's
Geologist conduct a site visit to determine if a geology report is necessary. These
requirements are implemented for all retaining walls with a height greater than three feet.
As such, deviating from the standards does not alter the City's review of the structural
and geological aspect of the wall.
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Section 18: The Site Plan Review is warranted since the proposed pool with spa and
related equipment, and the detached cabana meet all of the development standards set forth in
Title 17 of the City of Rancho Palos Verdes Municipal Code.
Section 19: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040, 17.74.060,
17.66.060, 17.70.030, 17.76.040(H) and 17.80.070 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 March 12, 2003.
Section 20: 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 the Height Variation, Grading
Permit, and Site Plan Review to allow for the construction 1,328 square foot two story addition
to an existing 3,809 square foot single-family residential dwelling unit; construct a 310 square
foot detached cabana, construct a swimming pool with spa, and grade 146 cubic yards of earth
(Case NO. ZON2003-00437); subject to the conditions contained in Exhibit 'A', attached hereto
and made a part hereof, which are necessary to protect the public health, safety and welfare in
the area.
PASSED, APPROVED AND ADOPTED this 25th day of February 2003, by the following vote:
AYES: CARTWRIGHT, COTE, LONG, LYON, MUELLER, TOMBLIN
NOES:
ABSTENTIONS:
ABSENT: DURAN REED
Thomas Long,
Chairman
•el R jas, AIC'
irect. of Plan ing, :uilding and Code Enforcement; and,
-cre -ry to the ' - ning Commission
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2003-06)
Height Variation, Grading Permit, and Site Plan Review
(Case No. ZON2002-00437)
General
1. Approval of this Height Variation, Grading Permit, and Site Plan Review shall not be
construed to mean any waiver of applicable and appropriate zoning regulations, or any
Federal, State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Rancho Palos Verdes Municipal Code
shall apply.
2. The applicant/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 of the effective date of approval
shall render this approval null and void.
3. The approval shall become null and void after one (1) year from the date of this approval
unless the approved plans are submitted to the Building and Safety Division to initiate
the "plan check" review process, pursuant to Section 17.86.070 of the City's
Development Code. This approval shall become null and void if, after initiating the "plan
check" review process, or receiving a building permit to begin construction, said "plan
check" or permit is allowed to expire or is withdrawn by the applicant.
4. The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved preliminary plans or any of the conditions if such
modifications shall achieve substantially the same results as would strict compliance
with said plans and conditions.
5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No
work is permitted on Sundays or legal holidays.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties 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.
8. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
9. All applicable permits required by the Building and Safety Division shall be obtained by
the applicant prior to the commencement of construction.
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Height Variation
10. The approval of a Height Variation is to allow for the construction of a 1,328 square foot
two story addition to an existing 3,809 square foot residence. The approved addition is
located on the northwest corner (front) of the residence and along the entire southwest
side (rear) of the residence. The approval allows a 777 square foot addition to the first
floor and a 472 square foot addition to the second floor. Additionally, a new second
story roof deck will be provided along a portion of the rear of the residence.
11. The proposed structure shall maintain the following minimum setbacks:
15'-0" rear(proposed: 82')
5'-0" side (proposed: 12'-2" on both sides)
20'-0"front (proposed: 20')
SETBACK CERTIFICATION FOR THE FRONT SETBACK IS REQUIRED. A
LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE
CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S
BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO THE POURING OF
FOUNDATIONS.
12. The approved project shall maintain a maximum 40% lot coverage. (Proposed: 26.7%)
13. The proposed additions shall not exceed a height of 19.99' from the lowest elevation
where the finished grade is adjacent to the building foundation/slab (92.14') to the
highest roof ridgeline (112.13'), and 9.92' from the highest elevation where the finished
grade is adjacent to the building foundation/slab (102.21') to the highest roof ridgeline.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER
OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL
BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND
APPROVAL PRIOR TO THE BUILDING PERMIT FINAL.
Grading Permit
14. The approval of a Grading Permit is to allow 146 cubic yards (87 cubic yards of cut and
59 cubic yards of fill) of grading. Additionally, this Grading Permit allows the
construction of a downslope retaining wall in the rear yard, an upslope retaining wall in
the front yard, and a retaining wall adjacent to the driveway. The downslope retaining
wall shall not exceed a maximum height of 5', the upslope retaining wall shall not exceed
a maximum height of 3'-2", and the retaining wall adjacent to the driveway shall not
exceed 5'-10".
Site Plan Review
15. The approval of a Site Plan Review is to allow the construction of a 310 square foot
detached accessory structure (cabana) and swimming pool, with spa, on the lower pad.
Additionally, this approval allows the location of the pool equipment on the slope near
the northwest corner of the residential dwelling unit.
16. Prior to the final of building permits, subject to the approval of the Director of Planning,
Building, and Code Enforcement, the applicant shall demonstrate that the pool
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equipment is screened from adjacent properties and the public right of way. Said
screening shall be maintained at all times.
17. The proposed accessory structure shall maintain the following minimum setbacks:
15'-0" rear (proposed: 29'-3")
5'-0" side (proposed: 8'-8" on northwest side and 63' on southeast side)
20'-0"front (proposed: 106')
18. The proposed accessory structure shall not exceed a height of 12', as measured from
the finished grade.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER
OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL
BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND
APPROVAL PRIOR TO THE BUILDING PERMIT FINAL.
19. The cabana shall not be converted to, or otherwise used as, a second dwelling unit,
unless all provisions of the City of Rancho Palos Verdes Municipal Code Section No.
17.10 are adhered to.
20. Prior to the issuance of building permits, the applicant shall submit to the Director of
Planning, Building, and Code Enforcement, written approval from the Los Angeles
County Sanitation District for all improvements that are proposed within the six-foot wide
sewer easement. Said improvements shall include, but may not be limited to, grading,
garden walls, decking, and foundations for the cabana.
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