PC RES 2004-037P.C. RESOLUTION NO. 2004-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING WITH CONDITIONS A HEIGHT
VARIATION AND GRADING PERMIT (CASE NO. ZON2002-00507) FOR THE
CONSTRUCTION OF A NEW 5,071 SQUARE FOOT TWO-STORY SINGLE
FAMILY RESIDENCE, AND THE GRADING OF 1,035 CUBIC YARDS OF CUT
TO LOWER THE BUILDING PAD BY 4'-7", FOR PROPERTY LOCATED AT
4342 ADMIRABLE DRIVE.
WHEREAS, on October 2, 2002, Height Variation and Site Plan Review Case No.
ZON2002-00507 was submitted to the Planning, Building and Code Enforcement Department
for processing, and,
WHEREAS, on October 28, 2002, the application was deemed incomplete due to
insufficient information on the submitted plans, including the need to submit a Grading Permit
application for proposed grading indicated on the submitted plans, and,
WHEREAS, on July 10, 2004, the application was deemed complete by Staff; and,
WHEREAS, on June 24, 2004 the required public notices for the July 27, 2004 Planning
Commission meeting were mailed to property owners within a 500 foot radius of the subject
property, and a notice was published in the Peninsula News on June 26, 2004; and,
WHEREAS, while preparing the Staff Report for the July 27, 2004 Planning Commission
meeting, Staff identified concerns in regards to the scale and bulk and mass of the proposed
project, therefore the applicant requested a continuance to the August 10, 2004 meeting to allow
more time to work with Staff in addressing Staff's concerns; and,
WHEREAS, on July 27, 2004 the Planning Commission continued this application to the
August 10, 2004 meeting, and,
WHEREAS, after the July 27, 2004 meeting, Staff met with the property owner's
architect, who informed Staff that the plans would not be ready for the August 10, 2004 meeting,
therefore the applicant requested that the subject application be continued to the September 28,
2004 Planning Commission meeting, and,
WHEREAS, on August 10, 2004 meeting, the Planning Commission continued this
application to the September 28, 2004 meeting, and,
WHEREAS, in order to address Staff's concerns in regards to scale and bulk and mass,
the applicant eliminated 427 square feet of habitable space on the second story, reducing the
proposed residence from 5,498 square feet to 5,071 square feet, 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), the
Planning Commission found no evidence that the Height Variation and Grading Permit (Case
No. ZON2002-00570) would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt under Class 3 (New Construction)
since the project involves the construction of only one single-family residence; 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 28, 2004, 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 applicant successfully completed the Early Neighborhood
Consultation process by obtaining signatures of 32 of the 61 properties within the 500' radius,
which is 52.5°/x, and 7 of the 9 properties within the 100' radius, which is 77.8%.
Section 2: That the subject lot is not located in an area designated by the City's
General Plan and the City's Coastal Specific Plan as a viewing area and therefore the proposed
structure does not impair any public views.
Section 3: That the subject lot is not located on a ndge, which is defined as an
elongated crest or linear series of crest of hills, bluffs or highlands. In addition, the subject
property is not located on a promontory, which is defined as a prominent mass of land that
overlooks or projects onto a lowland or body of water on at least two sides
Section 4: That the area of the proposed new structure that is above sixteen feet in
height, when considered exclusive of existing foliage, does not significantly impair a view from
the viewing area of another parcel since the cupola feature is the only portion of the proposed
structure which exceeds sixteen feet in height, and it is only proposed to be 15'-0" in diameter,
and the highest point of the cupola will be below the horizon line from the viewing area of the
properties located on Exultant Drive.
Section 5: That the proposed new structure that is above sixteen feet in height is
designed and situated in such a manner as to reasonably minimize the impairment of a view
since the cupola has been designed to only extend 0.95' above the 16'-0" height limit and to only
be 15'-0" wide.
Section 6: That there is no significant cumulative view impairment caused by granting
the application since a 0 95' addition above the 16'-0" height limit would be below the horizon
line and 15'-0" wide additions would not entirely block the ocean view from the viewing areas of
the properties located on Exultant Drive.
Section 7: That the proposed structure complies with the residential development
standards for a RS -4 zoning district in terms of open space, height requirements, and setbacks
Furthermore, in addition to obtaining Planning approval, building and grading permits must also
be obtained for compliance with the Uniform Building Code, the Development Code and the
City's Municipal Code.
P.0 Resolution No. 2004-37
HV and GR Case No. ZON2002.00507
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Section 8: That the proposed project is compatible with the scale of surrounding
residences since the proposed structure has been designed to be compatible with the apparent
bulk and mass of the structures in the immediate neighborhood in that the second story has
been setback from the front and side facade and the second story is located only over a portion
of the first story
Section 9: That the proposed architectural style will be compatible with the proposed
architectural style of the immediate neighborhood in that the proposed finished materials are
found in the immediate neighborhood, such as the mission "S" the roof and stone veneer
Section 10: That the proposed structure will be compatible with the front, sides and
rear yard setback of the immediate neighborhood in that the proposed structure will maintain the
same front and south side setbacks as the existing structure and the north side yard setback will
be reduced by 3'-0", which is not a significant reduction, since the proposed structure will still
maintain a larger setback than the minimum required 5'-0" side yard setback
Section 11: That the proposed new structure that is above sixteen feet in height does
not result in an unreasonable infringement of the privacy of the occupants of abutting residences
since windows on the south elevation facing the neighbor's rear yard have been eliminated or
use obscure glazing
Section 12: That the grading does not exceed that which is necessaryfor the permitted
primary use of the lot in that any addition on the subject property would be a second story
addition and a second story addition without the proposed grading would result in a significant
impairment of view from surrounding properties
Section 13: That the grading and/or related construction does not significantly
adversely affect the visual relationships with, nor the views from, neighboring properties in that
the grading will maintain the terraced character of the neighborhood and the proposed
residence will not significantly impair the ocean view from the surrounding properties
Section 14- The nature of the grading minimizes disturbance to the natural contours
and finished contours are reasonably natural in that the grading will be located mainly in the
existing building pad, which is currently flat and only disturb an 8'-0" wide area of the slope
located in the rear yard
Section 15: That the grading takes into account the preservation of natural topographic
features and appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography in that after the grading, the current topographic
features will be preserved, and the slope will remain similar to the existing slope
Section 16: That the grading would not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation in that the existing
slope does not contain natural landscaping or wildlife habitat.
Section 17: That this lot was created in 1956, as such, grading on slopes exceeding
thirty five percent shall be allowed if the grading will not threaten the public health, safety and
welfare, and that the 8'-0" wide area of grading in the rear yard will not threaten the public
P.C. Resolution No 2004-37
HV and GR Case No ZON2002-00507
Page 3 of 5
health, safety and welfare, since the area of the grading is setback away from all the property
lines, will not be visible from the street of access, and if approved, building permits from the
Building and Safety Department will be required to be obtained to ensure that the grading is built
in accordance with the Uniform Building Code.
Section 18: That no finish slopes greater than thirty five percent are being created
Section 19: That no excavation exceeding 5'-0" deep is being proposed
Section 20: That the proposed driveway will not exceed twenty percent slope
Section 21: That no slopes greater than sixty seven percent are proposed adjacent to
the proposed driveway.
Section 22: Although the protect does not meet the grading criteria because grading on
slopes greater than 50% is being proposed and the resulting side yard retaining wall is 4.4' high,
the project meets Finding No. 10 as noted below, which thereby permits a deviation to these
criteria.
A) That all eight criteria of Subsection (E)(1) through (E)(8) of Section 17.76 040 are
satisfied
B) That the approval is consistent with the purposes set forth in Subsection A of the
Section 17.76 040 because the grading will be permitting reasonable development of land; the
amount of grading allowed is required to accommodate the proposed new single-family
residence, which ensures maximum preservation of the natural topographic character, and that
the proposed project is consistent with the General Plan because goals of the General Plan
promote enhancing the visual character and physical quality of existing neighborhoods and
providing for land uses which will be sensitive to and enhance the character of the community
C) That the proposed 4.4' high retaining wall in the north side yard is consistent with
other side yard retaining walls found in the immediate neighborhood, since the Seaview Tract
was created with terraced lots, and that the grading on the slope exceeding 50% will create a
more reasonable natural appearance to the finished budding pad than the construction of an
upslope retaining wall to avoid grading said slope
D) That the construction of the 4 4' high retaining wall and grading on the slope
exceeding 50% will not be detrimental to the public safety nor to other property in that the
retaining wall and grading will be located away from the property Imes, and the City's
Geotechnical Consultant has reviewed and approved the geology report for the grading
Section 23: 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 with conditions Height
Variation and Grading Permit (Case No. 2002-00507) for the construction of a new 5,071 square
foot two-story single family residence, and the grading of 1,035 cubic yards to lower the building
pad by 4'-7".
P.0 Resolution No. 2004-37
HV and GR Case No. ZON2002-00507
Page 4 of 5
Section 20: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17.80 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 28, 2004, the date of the
Planning Commission's final action.
PASSED,APPROVED,AND ADOPTED this 28th day of September 2004,by the following vote:
AYES: Cote, Mueller, Knight, Gerstner, Karp, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: None
Mueller
Chairman
Joe 'oja., AICP
Di lector cf Planning, = ding and
C.•e forcement; a ., Secretary
to the Planning Commission
P.C. Resolution No. 2004-37
HV and GR Case No.Z0N2002-00507
Page 5 of 5
Exhibit "A"
Conditions of Approval
Height Variation and Grading Permit
Case No. ZON2002-00507
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
2 The approval shall become null and void after one (1) year from the date of 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.
3 The abandonment or non-use of this approval after a period of one (1) year shall
terminate the approval and any privileges hereunder shall become null and void.
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. The project shall substantially conform to the plans stamped approved with the effective
date of this approval
6 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.
7 The construction site and 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 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.
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 soils/geotechnical reports required by the Building and Safety Division
shall be obtained by the applicant and approved by the City's geologist prior to building
permit issuance.
10 All applicable permits required by the Building and Safety Division shall be obtained by
the applicant
11. Based on a site visit, Staff determined that there is no foliage on the subject property
that exceeds sixteen (16) feet in height and significantly impairs views from neighboring
properties. Therefore, Staff finds that no foliage shall be removed under this application
request.
12. Approval of Height Variation (Case No ZON2002-00507) allows for the construction of a
new 5,071 square foot two-story, single-family residence. Specifically, the residence will
contain a 3,342 square foot first story, which includes 2,777 square feet of habitable
space and a 565 square foot garage, and a 1,729 square foot second story
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO
REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND
CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A STRUCTURE SIZE
CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE
SUBMITTED.
13. The main gable roof and parapet around the flat roof are proposed at a height of 15.95',
as measured from the highest elevation of existing building pad to be covered by the
structure (101.05') to the top of ridge (117.0'), and 20 20', as measured from the point
where the lowest foundation meets finished grade (96 80') to the top of the ridge
The gable roof over the garage is proposed at a height of 12.20' as measured from the
highest elevation of existing building pad to be covered by the structure (101 05') to the
top of ridge (113.25'), and 16.45', as measured from the point where the lowest
foundation meets finished grade (96.80') to the top of the ridge.
The cupola over the entry -way is proposed at a height of 16 95' as measured from the
highest elevation of existing building pad to be covered by the structure (101.05) to the
top of ridge (118.0'), and 21.2', as measured from the point where the lowest foundation
meets finished grade (96 80') to the top of the ridge
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO
REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND
CODE ENFORCEMENT AND THE BUILDING OFFICIAL, A HEIGHT CERTIFICATION
OF THE TWO STORY PORTION OF THE STRUCTURE, BY A CERTIFIED CIVIL
ENGINEER OR SURVEYOR SHALL BE SUBMITTED.
14 The proposed structure approved under this permit shall maintain the following minimum
setbacks.
Front Yard Setback.
20'-0"
Rear Yard Setback:
36'-6"
Side Yard Setback (North):
7'-6"
Side Yard Setback (South)
5-0"
Rear Yard Hillside Setback
14'-0"
PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO
REVIEW AND APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND
CODE ENFORCEMENT AND THE BUILDING OFFICIAL, FRONT AND SOUTH SIDE
YARD SETBACK CERTIFICATION, BY A CERTIFIED CIVIL ENGINEER OR
Exhibit "A" — Conditions of Approval
HV and GR Case No. ZON2002-00507
Page 2 of 3
SURVEYOR SHALL BE SUBMITTED.
15. The subject property shall not exceed a maximum lot coverage of fifty (50) percent, as
required by the RS -2 zoning district (proposed 38%).
16 All structures located within the required twenty (20) foot front yard setback area shall
not exceed a height of forty-two (42) inches in height
17. The required twenty (20) foot front yard setback area shall be at least fifty (50) percent
landscaped.
18. The approval of Grading Permit Case No.ZON2002-00507 is to allow the grading of
1,035 cubic yards of grading consisting of 335 cubic yards of cut under the building and
700 cubic yards of cut outside of the building footprint
19 The maximum depth of cut shall not exceed 4'-7" in depth.
20. The proposed upslope retaining wall along the north side yard shall not exceed 4 4' in
height No other retaining wall is proposed under this permit. PRIOR TO THE
ISSUANCE OF CERTIFICATE OF OCCUPANCY, SUBJECT TO REVIEW AND
APPROVAL BY THE DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT AND THE BUILDING OFFICIAL, RETAINING WALL HEIGHT
CERTIFICATION BY A CERTIFIED CIVIL ENGINEER OR SURVEYOR SHALL BE
SUBMITTED.
21. Any walls, fences or combination of wall/fences along the property lines shall not exceed
a height of 6'-0", as measured from the highest adjacent grade and 8'-0", as measured
from the lowest adjacent grade. Walls along the side property lines may be subject to a
Fence, Wall, and Hedge Permit
22. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, the applicant shall submit to the
City a written authorization from the legal holder of the 10'-0" wide utility easement
located in the rear yard of the subject property, indicating that grading can be done on
the said easement.
23 The first south facing window segment of the master bath bow window shall be obscure
glass. PRIOR TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY, THE
DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT SHALL
VERIFY THAT THE OBSCURE GLASS WAS INTALLED IN SAID WINDOW.
Exhibit "A" — Conditions of Approval
HV and GR Case No. ZON2002-00507
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