CC 20170117 I 29425 PVDE_Slope Easement AgreementRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 01/17/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve a License Agreement to allow
improvements within the City's slope easement associated with the construction of a
new single-family residence on private property located at 29425 Palos Verdes Drive
East.
RECOMMENDED COUNCIL ACTION:
(1) Consider and approve a License Agreement, thereby allowing improvements
within the City's slope easement associated with the construction of a new
single-family on private property located at 29425 Palos Verdes Drive East.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner 14 -
REVIEWED
-REVIEWED BY: Ara Mihranian, AICP, Director of Community Development _°
APPROVED BY: Doug Wilmore, City ManagerJ� V*WL
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Slope Easement License Agreement (page A-1)
B. P.C. Resolution No. 2016-16 (page B-1)
BACKGROUND AND DISCUSSION:
On November 29, 2016, the Planning Commission adopted P.C. Resolution No. 2016-
16 (Attachment B), approving a Height Variation, Major Grading Permit, Minor
Exception Permit, Variance and Site Plan Review (Case No. ZON2016-00090) for the
property located at 29425 Palos Verdes Drive. The approved applications allow for the
construction of a 3,709 -square -foot, split-level residence (garage included), a 720 -
square -foot attached deck, a reduction of the required front -yard setback by 2'/2 feet,
construction over an extreme slope, and 471 cubic yards of associated grading.
The subject property is located at the northwest corner of Palos Verdes Drive East anc
Crownview Drive. The easterly portion of the subject property, adjacent to Palos
Verdes Drive East, is encumbered with a 6,224 -square -foot slope easement dedicated
1
for future roadway widening. This slope easement originated with Los Angeles County
in 1959 and was transferred to the City upon incorporation in 1973. Pursuant to the
Planning Commission -approved project, a deck and associated site and grading
improvements will extend into the City's slope easement. More specifically, the
proposed 720 -square -foot deck, which is attached to the residence along the easterly
building elevation, will cantilever into the City's slope easement area. In addition, a 27'-
2" long down-slope retaining wall with a maximum height of 3'-0", will be located within
the slope easement area, as well as a 3'-0" to 5'-0" wide concrete walkway adjacent to
the building. Lastly, in order to accommodate the construction of the proposed
residence, the applicant will be conducting approximately 24 cubic yards of grading
within the slope easement, consisting of 16 cubic yards of cut and 8 cubic yards of fill.
To allow these improvements to occur within the slope easement, Condition No. 28 of
P.C. Resolution No. 2016-16 (p. 12 of Attachment B), requires the applicant to obtain
City Council approval prior to the issuance of any Building and Grading permit.
The City's geotechnical consultant reviewed the project, which included a review of the
proposed improvements within the slope easement, and conditionally approved the
project. Furthermore, the City's Public Works Department also reviewed the proposed
site improvements in the slope easement and opined that they will not impede upon the
City's ability to utilize the slope, if needed in the future, and that the improvements will
cause no foreseeable harm to the City's right-of-way. The attached draft License
Agreement expressly states that the City can terminate the License Agreement and the
property owner will be responsible, at his/her own expense, to remove any improve-
ments from the City's slope easement.
The property owner has reviewed the License Agreement and has agreed to the terms
of the document.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternatives action are available
for the City Council's consideration:
1. Do not approve the requested License Agreement for the property at
29425 Palos Verdes Drive East, which would require the applicant to
return to the Planning Commission to revise the project.
2. Provide the applicant with further direction with respect to proposed
improvements within the City's slope easement area.
2
RECORDING REQUESTED BY
Community Development Department
City of Rancho Palos Verdes
WHEN RECORDED RETURN TO:
Community Development Director
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Exempt from recording charges
under Government Code § 6103
LICENSE AGREEMENT
This License Agreement ("Agreement") is made and entered into by and between the
City of Rancho Palos Verdes, a municipal corporation (the "City") and Juliana Saldana, an
individual ("Saldana"). The City and Saldana are herein referred to as the "Parties."
RECITALS
A. The City is a municipal corporation which provides municipal services to the
residents of the City of Rancho Palos Verdes.
B. The City is the owner of an easement on certain real property commonly referred
to as 29425 Palos Verdes Drive East, Rancho Palos Verdes, California (the "Slope Easement").
The Slope Easement is legally described on the attached and incorporated Exhibit A. The Slope
Easement was acquired by the City or its predecessors for the purpose of ensuring slope stability.
C. Saldana is the owner of record of certain real property at 29425 Palos Verdes
Drive East, Rancho Palos Verdes California which is legally described on the attached and
incorporated Exhibit B ("Saldana's Property") on which Saldana intends to construct a single
family residential home.
D. Saldana desires to construct a residential structure or improvement on portions of
the Slope Easement (the "Project"). The plans for the Project are shown on the attached and
incorporated Exhibit C.
E. On November 29, 2016 the Planning Commission adopted Resolution No. 2016-
16 (the "Resolution") conditionally approved a Height Variation, Grading Permit, Minor
Exception Pennit, Variance and Site Plan Review to allow for the construction of a new 3,709
square foot, split-level residence, a 720 square foot attached deck, a reduction of the required
front yard setback by 2'h feet, construction over an extreme slope, and 471 cubic yards of
associated grading at 29425 Palos Verdes Drive East (Case No. ZON2016-00090). Condition 28
of the Resolution requires Saldana to obtain City Council approval to allow grading and
improvements within the City's slope easement as shown on the plans approved by the Planning
Commission on November 29, 2016.
F. Section 17.48.030 (F) of the Rancho Palos Verdes Municipal Code states "no
construction of any structure or improvement is allowed within a legal easement without written
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authorization from the legal holder of the easement. Such authorization shall be in a form that
can be recorded and shall be reviewed by the city attorney."
G. City is willing to grant Saldana a non-exclusive, revocable license for access to
and use a portion of the Slope Easement, as more particularly described in this Agreement, in
connection with the grading and improvements approved in the Resolution.
H. This Agreement is to be recorded on the property known as 29425 Palos Verdes
Drive East, Rancho Palos Verdes, California, and shall be binding on Saldana's heirs, executors,
representatives, successors, and assigns.
NOW, THEREFORE, in consideration of the covenants, conditions and agreements
contained herein, the Parties hereto agree as follows:
1. Use of Premises. Subject to any other approvals required by the City, the City
grants to Saldana a license to construct the Project on the Slope Easement, subject to the terms of
this Agreement (the "License").
2. Terin. The term of this License shall commence on January 17, 2017, and shall
continue in effect unless tenninated in accordance with this Agreement.
3. Termination. The City may terminate the License immediately if the City
Council determines that the public health, safety or welfare require such tennination. An
example of a risk to the public health, safety or welfare is a threat to the City's right-of-way. In
such event, the City shall provide Saldana with notice thereof, and Saldana shall vacate the
Property as soon as is possible, but not more than thirty (30) days after notice of the requirement
to vacate the Property.
4. Property Use. The Slope Easement shall be used only for the purposes of the
Project and Saldana shall not permit the Slope Easement or any part thereof to be used for: (a)
the conduct of any offensive, noisy, or dangerous activity; (b) the creation or maintenance of a
public nuisance; (c) anything which is against public regulations or rules of any public authority
at any time applicable to the Slope Easement; or (d) any purpose or in any manner which will
obstruct, interfere with, or infringe upon the rights of the residents of adjoining properties,
including but not limited to the adjoining residents' rights to quiet enjoyment.
5. Utilities. Saldana shall be solely responsible for all charges incurred for water,
electricity, natural gas, garbage collection, telephone, cable television and all other public utility
services provided to the Slope Easement. Saldana shall pay such charges promptly as they
become due.
6. Right of Inspection and Testing. Saldana acknowledges the City's right and
authority to enter upon the Slope Easement by and through its employees, representatives,
attorneys, and designated geotechnical and engineering consultants, at reasonable times during
daylight hours, for the purpose of monitoring movement, survey monuments, conducting
geological inspection and other investigation as the City reasonably determines is required. City
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shall make all efforts reasonable to notify Saldana of its intent to enter and inspect and/or test
prior to undertaking any such action.
7. Saldana's Maintenance Obligations. Saldana shall, at its sole risk and expense, be
responsible for usual and normal landscape maintenance of the Slope Easement, including, by
way of example only, proper cultivation and care for and adequate watering of all lawns,
shrubbery, trees and grounds on the Slope Easement. Saldana shall maintain the Slope Easement
in a safe, clean and sanitary condition at all times.
8. Liens. Saldana and its agents, employees and contractors shall not suffer or
pen -nit to be enforced against the Slope Easement, any mechanics', materialmen's, contractors'
or subcontractors' liens or any claim for damage arising from the Project or Saldana's use of the
Slope Easement. Saldana shall pay, or cause to be paid, all liens, claims or demands before any
action is brought to enforce the same against the Slope Easement.
9. Payment of Claims. In addition to, and not in limitation of, City's other rights and
remedies hereunder, should Saldana fail within twenty (20) days of a request from City either
(a) to pay and discharge any lien, claim or demand as provided in Section 8, or (b) to protect,
indemnify, defend and hold City free and harmless as provided in Section 11, then, in any such
case, City may, at its option, pay any such lien, claim or demand or settle or discharge any action
therefor or satisfy any judgment thereon, and all reasonable costs, expenses and other amounts
incurred by City in connection therewith (including reasonable attorneys' fees) shall be paid to
City by Saldana upon demand, together with interest thereon at the maximum rate pennitted by
law from the date paid by City until repaid by Saldana..
10. Assumption of Risk. Saldana shall inspect the Slope Easement prior to its use and
shall accept the Slope Easement for its use in an "as is" condition. Saldana shall exercise its
privileges hereunder at its own risk and its own expense, assuming full responsibility for all risks
incidental to the perfonnance of this Agreement and the use of the Slope Easement. City
assumes no responsibility whatsoever for the safe condition, security or maintenance of the Slope
Easement, nor for the protection of persons and property thereon, and during the tenn of this
License, Saldana shall be solely responsible for maintenance and security of the Slope Easement
or changes in the condition of the Slope Easement caused by or arising from: (i) any activity, use
or perfonnance by Saldana or its contractors, agents or employees under this Agreement; or
(ii) any activity, use or perfonnance by Saldana or its contractors, agents or employees on or in
the Slope Easement.
11. Indemnification. Saldana hereby agrees to protect, indemnify, defend and hold
the City, its elected officials, staff, directors, invitees, employees, agents, contractors,
successors and assigns, free and hannless from and against any and all costs, liabilities, claims,
causes of action, demands, liens, losses and expenses (including, without limitation, reasonable
attorneys' fees), including those from death or injury to any person or from a loss or damage to
any real, personal or other property, to the extent arising from the License, any negligent act or
omission by Saldana, or by any of Saldana's employees, agents, or contractors related to the
construction or maintenance of the Project or use of the Slope Easement. This includes without
limitation any damage to the City's right-of-way. Notwithstanding anything to the contrary
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contained herein, the provisions of this Section shall survive the termination of the License for
two (2) years.
12. Default and Tennination. In the event of any default under: the Resolution or
under the Agreement, the party not in default may declare a default and tennination of this
Agreement by written notice to the defaulting party, which default and tennination shall be
effective on a date to be stated in such notice, which date shall not be less than ten (10) days after
mailing or personal service of such notice, unless such default is cured before the effective date
of termination stated in such notice. Any necessary restoration of the Slope Easement
subsequent to the effective date of termination shall be in confonnance with Section 13 below,
which shall survive the tennination of this Agreement.
13. Removal and Restoration. If this Agreement expires or is terminated for any
reason prior to completion of the grading work, Saldana shall, in the sole discretion of City and
upon written notice from City, and at the sole expense of Saldana, and within such reasonable
period of time detennined in writing by the City's Community Development Director, complete
the grading work to the extent necessary to leave the Slope Easement in a safe and stable
condition, including but not limited to completion of any necessary retaining walls and any
measures that are needed to prevent erosion, and remove all equipment and personal property
from the Slope Easement to the satisfaction of the City's Community Development Director. If
Saldana is obligated pursuant to this Section and fails to complete the grading work to the extent
necessary to leave the Slope Easement in a safe and stable condition and/or to remove all
equipment and personal property from the Slope Easement, after notification by City, City is
authorized to complete the grading work and/or remove all equipment and personal property
from the Slope Easement. In that event, Saldana shall reimburse City for all costs incurred by
City, within ten (10) days of receipt of a written demand therefore from Licensor. This Section
shall survive the tennination of this Agreement.
14. No Estate. This Agreement provides only a right of use of temporary duration
and does not give Saldana any added interest, title, estate or right of any kind or extent
whatsoever, whether legal or equitable prescriptive or otherwise, in the Slope Easement, no
matter how much money is expended on the Slope Easement nor how long this Agreement runs.
Neither a partnership nor a joint venture is in any way intended by this Agreement. Saldana
agrees that it will not claim at any time any interest, estate or right in the Slope Easement by
virtue of this Agreement or by virtue of Saldana's occupancy, use or expenditures under this
Agreement.
15. Alterations. Saldana shall make no alteration to the Project or use of the Slope
Easement without first having obtained the written consent of the City.
16. California Law. This Agreement, and performance pursuant to it, shall be
governed, interpreted, construed, and regulated by the laws of the State of California, without
reference to its conflicts of laws provisions.
17. Assignment. This Agreement shall inure to the benefit of and be binding upon the
respective successors and assigns of the Parties hereto.
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i
18. Interpretation. The language of each part of this Agreement shall be construed
simply and according to its fair meaning, and shall never be construed either for or against either
Party, regardless of which Party may have drafted the provision.
19. Waiver. The failure of either Party to enforce any provision of this Agreement or
the waiver thereof in any instance, including but not limited to the right to terminate, shall not be
construed as a general waiver or relinquishment on its part of any such provision but the same
shall nevertheless be and remain in full force and effect.
20. Tax Implications. Saldana acknowledges and agrees that he shall be solely
responsible for the tax consequences, if any, arising from this Agreement or his occupancy of the
Slope Easement or any part thereof.
21. Notices. Any and all notices or other communication required or pennitted by
this License to be served on or given to a Party to this License by the other Party to the License
shall be in writing and shall be deemed duly served and given when personally delivered to the
Party to whom it is directed, or, in lieu of such personal service, when deposited in the United
States Mail, postage prepaid, addressed as follows:
If to Saldana: Juliana Saldana
4228 Miraleste Drive
Rancho Palos Verdes, CA 90275
If to the City: City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Attn: City Manager
With copy to: City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Either Party may change the address for notice by giving written notice of such change to the
other Party in the manner provided for in this section.
22. Binding Effects; Amendments. Subject to the provisions of this Agreement, all
provisions of the Agreement shall extend to and bind, or inure to the benefit not only of the
Parties hereto, but to each and every one of the heirs, executors, representatives, successors, and
assigns of the City and Saldana and may be altered, amended, or changed only by an instrument
in writing signed by the Parties hereto.
23. Attorneys' Fees. Should City or Saldana institute any action or proceeding to
enforce this Agreement, or for damages by reason of any alleged breach of this Agreement, or
for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall
Page 5 of 10
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be entitled to receive from the non -prevailing party all costs and expenses, including, without
limitation, reasonable attorneys' fees, incurred by the prevailing party in connection with such
action or proceeding.
24. Opportunity to Consult with Own Counsel. Each party agrees that it has reviewed
and understood the scope and effect of the provisions of this Agreement and has affixed its
signature hereto voluntarily and without coercion. Saldana further acknowledges that it has had
an opportunity to consult with an attorney of its own choosing regarding the terms of this
Agreement. Neither party has relied upon any representation or statement made by the other
party hereto which is not specifically set forth in this Agreement.
Page 6 of 10
WO
Executed on , 2016, at Rancho Palos Verdes, California.
ATTEST:
Teresa Takaoka, Acting City Clerk
APPROVED:
David J. Aleshire, City Attorney
"SALDANA"
Juliana Saldana
"CITY": CITY OF RANCHO PALOS VERDES
Brian Campbell, Mayor
Page 7 of 10
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Exhibit "A"
City's Easement Legal Description
SEE ATTACHED COPY OF TRACT MAP #22615. NOTES ON PAGE 1 DESCRIBE
THE VARIABLE WIDTH SLOPE EASEMENT, BASED ON THE LINE DRAWN ON
THE APPROVED AND RECORDED MAP ITSELF SHOWN ON PAGE3.
Page 8of10
•
Exhibit "B"
Saldana's Property Legal Description
APN: 7566-007-005
Tract #22651
Lot #1
Page 9of10
Me
Exhibit "C"
Project Plans
PROJECT DESCRIPTION:
1. ACCESS TO THE EASEMENT AREA IN ORDER TO PERFORM THE REQUIRED
OVER EXCAVATION WORK.
2. GRADING TO INCLUDE 16 CU YARDS OF CUT (AREA 4) AND 8 CU YARDS OF FILL
(AREA 6), AS SHOWN ON C3, IN PREPARATION OF THE PAD FOR THE NEW
RESIDENCE.
3. CONSTRUCTION OF A 27'-2" LONG BY A MAXIMUM OF 3' TALL RETAINING WALL
TO STABILIZE THE SLOPE AT THE 5 FOOT OVEREXCAVATION AREA REQUIRED
BY THE SOILS / GEOLOGY APPROVAL, AS SHOWN ON SHEET C3
4. CONSTRUCTION OF A 3' TO 5' WIDE CONCRETE WALKWAY ADJACENT TO THE
BUILDING.
5. CONSTRUCTION OF A 720 SQ. FT. CANTELEVERED DECK, WHICH WILL
PROJECT FROM THE BUILDING OUT FROM 5 FEET TO A MAXIMUM OF 12 FEET
OVER THE EASEMENT AREA.
Page 10 of 10
A-10
Exhibit "A"
A-11
SHEET I OF II SHEETS
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A-25
P.C. RESOLUTION NO. 2016-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, GRADING PERMIT,
MINOR EXCEPTION PERMIT, VARIANCE AND SITE PLAN
REVIEW TO ALLOW FOR THE CONSTRUCTION OF A NEW
3,709 SQUARE FOOT (GARAGE INCLUDED), SPLIT-LEVEL,
RESIDENCE, A 720 SQUARE FOOT ATTACHED DECK, A
REDUCTION OF THE REQUIRED FRONT YARD SETBACK BY
2% FEET, CONSTRUCTION OVER AN EXTREME SLOPE, AND
471 CUBIC YARDS OF ASSOCIATED GRADING ON
PROPERTY LOCATED AT 29425 PALOS VERDES DRIVE
EAST (CASE NO. ZON2016-00090).
WHEREAS, on February 29, 2016, the applicant submitted a Grading Permit and Site
Plan Review application for the proposed construction of a 3,709 square foot, split-level,
residence and garage partially constructed over an extreme slope, an attached 720 square foot
deck that cantilevers over an extreme slope, a reduction of the required front yard setback by
2'/2 feet, and 471 cubic yards of associated grading. After reviewing the project scope, Staff
determined that the proposed project also requires approval of a Height Variation, Minor
Exception permit, and Variance; and,
WHEREAS, on March 10, 2016, Staff completed the initial review of the applications, at
which time the project application was deemed incomplete due to missing information on the
project plans. The applicant submitted revisions on May 12, 2016, May 16, 2016, July 22, 2016,
August 22, 2016, September 29, 2016, and October 19, 2016; and,
WHEREAS, on October 21, 2016, the application for Planning Case No. ZON2016-0090
was deemed complete for processing; and,
WHEREAS, on October 27, 2016, a public notice was mailed to 33 property owners
within a 500 foot radius of the subject property, and was published in the Peninsula News on
October 27, 2016, providing the required 30 -day public comment period; and,
WHEREAS, Staff determined that the proposed project is Categorically Exempt from the
provisions of the California Environmental Quality Act (CEQA), under Article 19, Section
15303(a) (New Construction) of the California Guidelines for Implementation of the CEQA.
Specifically, the project proposes to construct a new 3,709 square foot (garage included), split-
level, single-family residence with an attached 720 square foot deck in the RS -2 zoning district,
which allows for the construction of single-family residences; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Plaiiiiiiig Commission held a duly noticed public hearing on
November 29, 2016, 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:
As
Section 1: The Planning finds that this project project is Categorically Exempt from
the provisions of the California Environmental Quality Act (CEQA), under Article 19, Section
15303(a) (New Construction) of the California Guidelines for Implementation of the CEQA.
Specifically, the project proposes to construct a new 3,709 square foot (garage included), split-
level, single-family residence with an attached 720 square foot deck in the RS -2 zoning district,
which allows for the construction of single-family residences
Section 2. The Planning Commission makes the following findings of fact with respect
to the application for a Height Variation to allow the construction of a new 3,709 square foot,
split-level residence, with an attached 720 square foot deck to exceed the 16720' height
limitation for a lot with a building pad at a proposed height of 11'-8'/2", as measured from the
highest elevation of the existing grade covered by the structure (elev. 130.58') to the highest
proposed roof ridgeline (elev. 142.29'); and an overall height of 25-4'/z", as measured from the
lowest finished grade adjacent to the structure (elev. 116.92') to the highest proposed roof
ridgeline (elev. 142.29'):
A. The Height Variation is warranted as the applicant has complied with the early
neighborhood consultation process, since the applicant provided notification to a
minimum of 60% of the landowners within 500 feet of the project site (including those
within 100 feet) and has provided notification to the local home owners association, the
Miraleste Hills HOA, of the proposed project. More specifically, the property owner
obtained 4 signatures from property owners within 100 feet (66.6%) and 24 signatures
from property owners within 500 feet (72%).
B. The Height Variation is warranted since the proposed residence and attached deck that
exceeds sixteen feet in height does not significantly impair a view from public property
(parks, major thoroughfares, bike ways, walkways or equestrian trails), which has been
identified in the City's General Plan or Coastal Specific Plan, as City -designated viewing
areas. Specifically, due to the location of the property and the topography in the
immediate area, the proposed structure does not significantly impair a view from the
public trails, or as defined by the City's General Plan or NCCP.
C. The Height Variation is warranted since the portion of the proposed residence and
attached deck that exceeds sixteen feet in height is not located on a ridge or
promontory. A portion of the proposed residence would be located on an existing
building pad, and is not located on a prominent mass of land that overlooks or projects
onto a lowland or body of water on two sides.
D. The Height Variation is warranted because the portion of the proposed residence and
attached deck 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.
Views of the ocean, harbor and city lights are observed by the adjacent neighbors in an
easterly direction, however the only neighboring properties with views over the subject
property are located to the west and south. However, given that the building pads of the
properties to the west of the subject property are elevated approximately 1004, to 105-
0" higher than the subject property, and the properties to the south of the subject
property are elevated approximately 20'-0" higher than the subject property, the westerly
and southerly neighbors will continue to have a view over the proposed residences
P.C. Resolution No. 2016-16
Page 2 of 13
AM
without any adverse impact caused by the proposed project
E. The Height Variation is warranted because the portion of the proposed residence and
attached deck that is above sixteen feet in height does not create view impairment from
the viewing area of another parcel, and the proposed two-story residence has been
designed in a manner to reasonably minimize the impairment of view.
F. 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. Based on a field study and review of aerial
maps, when considering similar construction at 2850 Crownview Drive, 2866 Crownview
Drive and 2886 Crownview Drive, the Planning Commission determined that similar
construction on these locations would not present a significant cumulative view
impairment to properties because of the sloping topography of the neighborhood. The
identified properties are located on building pads that are approximately 35'-0" to 90'-0"
lower in elevation than those of properties located to the west of the identified properties,
which would have viewing areas above the roofline heights of the identified residences.
G. The Height Variation is warranted because the proposed residence and attached deck
complies with all other Code requirements, including the development standards related
to the RS -2 zoning district for lots created prior to the City's incorporation with respect to
lot coverage and setbacks.
H. The Height Variation is warranted because the proposed residence and attached deck
are compatible with the immediate neighborhood character in terms of the scale of
surrounding residences, architectural style and bulk and mass. With regards to building
size and scale, the residence will be larger than the average size of residences in the
immediate area, however it will not be the largest home in the neighborhood, as there
are four residences within the immediate area that are larger than the proposed
residence. Furthermore, the proposed residence is designed in a manner, so as not to
create an anomaly in terms of scale and structure size. In terms of the project's
compatibility with lot coverage conditions in the area, the proposed project complies with
the maximum lot coverage in the RS -2 zoning district (40%), as the project proposes a
lot coverage of 30.36%. Furthermore, a field survey of the surrounding neighborhood
revealed that many of the residential properties in the immediate neighborhood are at or
near the same lot coverage as the subject property. With respect to the project's
compatibility with architectural style and materials in the area, the project proposes to
maintain the architectural style and design of by utilizing fagade materials and
treatments that are consistent with the existing amongst the closest twenty homes.
The Height Variation is warranted because the proposed residence and 720 square foot
attached deck would not create an unreasonable infringement of the privacy of the
occupants of abutting residences, as the location of the proposed deck faces Palos
Verdes Drive East to the east and Crownview Drive to the north, which are both public
P.C. Resolution No. 2016-16
Page 3 of 13
streets. In addition, the proposed deck will not create an unreasonable infringement of
privacy of the occupants at 2850 Crownview Drive, as the proposed deck will be at a
lower elevation than that of the building pad on the neighboring property.
Section 3: The Planning Commission makes the following findings of fact with respect to
the application for a Major Grading Permit to allow 471 cubic yards of grading, consisting of 249
cubic yards of cut and 222 cubic yards of fill with 27 cubic yards of export:
A. The proposed grading does not exceed that which is necessary for the permitted primary
use of the lot, as the proposed project is in a RS -2 Zoning District, in which the primary
use of the lot is residential. The proposed grading would accommodate the construction
of a new split-level residential structure and driveway access.
B. The proposed grading and/ or related construction does not significantly adversely affect
the visual relationships with, nor the views from the viewing area of neighboring
properties. An aerial analysis of homes to the west and south of the subject property
found that views of the ocean, harbor and city lights are observed over the roof of the
proposed residence. Furthermore, the analysis revealed that properties to the west of
the subject property are elevated approximately 100'-0" to 105'-0" and the property to
the south of the subject property is elevated 20'-0" higher than the subject property.
Given these topographic conditions, the westerly and southerly neighbors will continue
to have a view over the subject property without any adverse impact caused by the
proposed project.
C. The proposed grading of the natural contour lines and the finished contours are
reasonably natural. Proposed grading within the rear yard of the subject property, which
is located within the City's Slope Easement area is relatively minor in scale, and is
intended to support the construction of the proposed residence. Proposed grading in this
area would be minimal to the overall existing natural contours of the subject property
along Palos Verdes Drive East. Furthermore, the applicant is proposing to maintain a
majority of the natural slopes that surround the property, with the exception of minimal
grading within the front yard to accommodate a proposed yard area to provide entry
access to the residence. While, the grading surrounding within the front -yard is designed
to blend with the existing contours and the finished contours are reasonably natural in
this area.
D. The grading takes into account the preservation of natural topographic features because
although the slope will be altered by cutting out sections of the slope where the
structures and will be situated, the rest of the site will be preserved. Also, there are no
significant and protected natural topographic features that would be disturbed by the
proposed grading especially since the existing lot is improved as a pad lot. Moreover,
the proposed grading generally follows the existing slope of the property, results in
finished slopes that appear reasonably natural and the proposed land -sculpturing that is
to occur, will be it is designed so as to blend the manufactured slopes into the natural
topography. Furthermore, prior to the certificate of occupancy, a landscape plan for
property will be reviewed and the plants installed to the satisfaction of the Community
Development Director, which will aid in stabilizing the graded slope and will also
contribute towards blending the manufactured slope into the natural topography.
P.C. Resolution No. 2016-16
Page 4 of 13
E The proposed grading and the proposed new single-family residence is compatible with
the immediate neighborhood character as the grading is to accommodate a residence
and on-site improvements which are consistent with homes found in the immediate area
and the proposed home is compatible with the neighborhood as stated in Section 1H
(above).
F. The proposed grading does not involve a new residential tract or modifications to streets
or other public infrastructure, as all proposed grading activities will be conducted within
the existing subject property. Furthermore, the proposed grading does not impact natural
landscape or wildlife habitat, as an analysis determined that the subject property is not
within an environmentally sensitive area and does not contain any sensitive species. The
subject property is located within an existing residential tract and is zoned for the
development of a single-family residence.
The proposed grading conforms to the City's standards for grading on slopes, height of
cut and fill, and height of retaining walls for ten (10) of eleven (11) proposed retaining
walls. More specifically, the residence will be constructed on a lot that was created prior
to November 25, 1975, is zoned RS -2 (single-family residential) and will not threaten
public health, safety or welfare. The grading does not create any slopes greater than
35%, and the areas of cut and fill would range between V-0" and 4'-6", which is less than
code standard of 5'-0" in height/depth. The project does not propose any fill or cut on a
slope that exceeds 50% gradient, and the height of retaining walls for ten (10) of the
eleven (11) proposed retaining walls conforms to the City's grading standards. Lastly,
the project proposes to construct a new driveway that has a slope of 20% maximum.
H. Although a 4'-0" tall upslope retaining wall exceeds the height standard for retaining
walls located within the required front yard setback of a single-family residential lot, the
Planning Commission finds that the proposed wall located along the south-westerly
property line of the subject property is consistent with the purpose of Municipal Code
section 17.76.040 and is a reasonable development of the land and such walls are
typically found throughout the neighborhood due to the existing sloping topography. In
addition, the proposed wall will not be detrimental to the public safety, nor to another
property, as the City's geotechnical consultant has reviewed and conditionally approved
the proposed project, and further review will be required to approve a soil engineering
report for the grading and retaining wall prior to building or grading permit issuance.
Furthermore, the City, prior to issuance of building permits, requires that the structure
and all retaining walls be engineered to meet the requirements of the building code.
Pursuant to Section 17.76.040(E)(10)(e) of the RPV Municipal Code, the City is required
to notify all owners of property adjacent to the subject property whenever a grading
permit is granted for development in excess of that permissible under Section
17.76.040(E)(9) of the RPV Municipal Code. A copy of the Notice of Decision and
associated conditions of approval will be sent to the following adjacent property owners:
1) Roger U. Fujii/ 2850 Crownview Drive, 2) Vandi Reza/ 2973 Crownview Drive, 3)
Richard C. & Belia O. Smith/ 2959 Crownview Drive 4) California Water Service
Company/ 7566-023-026, 5) Nathan M. & Sarah D. Spatz/ 6200 Via Canada, 6) Mark &
Khaled Kubicek/ 7566-014-017 (Vacant Parcel).
P.C. Resolution No. 2016-16
Page 5 of 13
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Section 4: The Planning Commission makes the following findings of fact with respect to
the application for a Minor Exception Permit to reduce the required front yard setback from 20'-
0" to 17'-6", a total setback reduction of 2'/2' in order to construct a front entry porch feature
along the westerly or front fagade of the proposed residence:
The Minor Exception Permit is warranted by practical difficulties due to the irregular lot
configuration and topographic conditions of the subject property. The narrowness of the
lot and extreme slope conditions of the subject property presents practical difficulties in
designing a home that accommodates required setbacks and allows for architectural
features, such as the proposed front porch entry feature. The Minor Exception Permit
request is to reduce the front yard setback by 2'/2' to allow the construction of a front
porch entry feature that is designed to be proportionate to the size of the residence,
does not dominate the visual appearance of the residence, and provides articulation
along the front or street facing fagade and is consistent with other architectural elements
in the immediate area.
Section 5: The Planning Commission makes the following findings of fact with respect to
the Variance request to construct a portion of the proposed residence and cantilevering deck
over an extreme slope (35% slope or greater):
A. The granting of the Variance request is warranted as the subject property presents
exceptional circumstances, which do not apply generally to other properties in the same
zoning district, with respect to substandard lot dimensions, an irregular shaped lot and
topographic conditions of the subject property. The subject lot, as currently created,
does not meet minimum lot depth dimensions established for an RS -2 zoned property.
The RS -2 zone requires a minimum lot depth of 120'-0", however, the subject property's
lot depth ranges from approximately 65'-0" to 83'-0". In addition, a slope analysis
included in the project plans indicates that the majority of the lot along the easterly
property line, along Palos Verdes Drive East is considered to be within an extreme
slope. The narrowness of the lot and extreme slope conditions along the easterly
property line of the subject property present exceptional circumstances in designing a
reasonably sized home and related improvements, such as the cantilevering deck that
do not extend or cover an extreme slope. Given the subject property's physical
constraints, the applicant has designed a residence and deck that are modest in scale
and size, with a majority of the proposed residence and deck being outside of an
extreme slope area.
B. The Variance request to construct over an extreme slope is necessary for the
preservation and enjoyment of a substantial property right of the applicants, which right
is possessed by other property owners under like conditions in the same zoning
district. Moreover, an analysis by Staff of the closest 20 homes in the area, found that
most of the homes in the neighborhood have a defined building pad, in which the
existing residential structures have been constructed upon. However, the existing
extreme slope that bisects the subject property between the upper pad and lower pad
from east to west, hinders the possibility of constructing a reasonably sized residential
structure on the subject property over a defined or continuous building pad, similar to
other homes in the area, without having to construct over the existing extreme slope.
P.C. Resolution No. 2016-16
Page 6 of 13
C. The granting of the Variance request will not be materially detrimental to the public
welfare or injurious to the property and improvements in the area, as the City's
geotechnical consultant has reviewed geologic conditions of the subject property and
conditionally approved the project at the planning stage. Furthermore, the City's
geotechnical consultant will conduct an additional review of soil conditions within the
extreme slope area of the site during the Building and safety Plan Check process,
where the portion of the proposed residence and cantilevering deck will be
constructed, in order to ensure that the soil and site conditions are safe and adequate
for the proposed construction. In addition, the proposed construction will be reviewed
by the City's Building and Safety Division to ensure that the portion of the residence
and cantilevering deck are constructed according to the City's Building Code
requirements. Lastly, the City is recommending conditional approval of the requested
Variance, which will allow the City to impose specific conditions on the proposed
project to ensure that the project is developed and maintained in a manner so as not to
be materially detrimental to the public welfare or injurious to nearby properties and
improvements.
D. The granting of the Variance request will not be contrary to the objectives of the General
Plan or the policies and requirements of the Coastal Specific Plan, as the subject
property is not located within the Coastal Zone and the proposed construction of the
residence and cantilevering deck, over the extreme slope, as the granting of the
requested Variance will be consistent with the objectives of the General Plan, as the
project proposes to conduct a minimal amount of on-site grading (471 cubic yards) in
order to maintain the natural topography, contours and land form of the subject
property. In addition, the granting of the Variance will not impact vegetation or wildlife
communities, as an analysis by staff found no protected vegetation or sensitive
species on the subject property. Furthermore, the requested Variance does not impact
the scenic qualities along Palos Verdes Drive East, as the project does not propose
any construction over or alteration of the existing extreme slope along the easterly
property line of the subject property, which faces Palos Verdes Drive East. Lastly, the
subject property will not impact any Open Space (OS) zoning district, as the subject
property is located within the RS -2 zoning district.
Section 6: The Planning Commission makes the following findings of fact with respect to
the application for a Site Plan Review to allow for the construction of a 3,709 square foot, split-
level, residence with attached garage and a 720 square foot attached deck:
The proposed residence and related improvements comply with development standards
established for the RS -2 zoning district for lots created prior to the City's incorporation.
More specifically, the project proposes a 30.36% lot coverage, which is below the
required 40% lot coverage for an RS -2 zoned property. In addition, the project conforms
to setback requirements, with the exception of the front yard setback, as the project
proposes 17'-6" front yard setback, but has requested a Minor Exception Permit for a
reduction of the required front setback. With respect to other required setbacks, the
project proposes an 18'-10" street -side side yard setback, 26-10'/2" south side yard
setback and no rear yard setback, as a result of a property line designation per Section
17.48.030(A)(1) of the Rancho Palos Verdes Municipal Code.
P.C. Resolution No. 2016-16
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AM
Section 7: Any interested person aggrieved by this decision or by any portion of this
decision may appeal the project to the City Council. Pursuant to Section 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 November 29, 2016, the date of the Planning Commission's final action.
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby conditionally approves a Height
Variation, Grading Permit, Minor Exception Permit, Variance and Site Plan Review to allow the
applicant to construct a 3,709 square foot (garage included), split-level, residence and a 720
square foot attached cantilevering deck, along with 471 cubic yards of associated grading, a
reduction of the front yard setback by 2Y2" and a Variance to construct over an extreme slope,
subject to the conditions of approval in the attached Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 29' day of November 2016, by the following vote:
AYES: Commissioners Bradley, Emenhiser, James, Leon, Nelson, Vice -Chairman
Cruikshank and Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None
David L. Tomblin,
Chairman
Ara Mi lnman,
Community Development Director
Secretary to the Planning Commission
P.C. Resolution No. 2016-16
Page 8 of 13
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2016-00090
(29425 PALOS VERDES DRIVE EAST)
General Conditions:
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. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other
actions and proceedings (whether legal, equitable, declaratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not
limited to arbitrations, mediations, and other such procedures) (collectively "Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, the action of, or any permit or approval issued by, the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. 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.
4. 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.
5. 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. Any substantial 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.
6. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be cause to
P.C. Resolution No. 2016-16
Page 9 of 13
FE7JUe
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code and administrative citations as described
in Section 1.16 of the City's Municipal Code.
8. 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 Development Department and
approved by the Director.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:OOAM to 5:OOPM 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
P.C. Resolution No. 2016-16
Page 10 of 13
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
Project Specific Conditions
15. This approval is for the following:
A. The construction of a new 3,709 square foot, split-level, single-family residence
consisting of 2,758 square feet of habitable area, 711 square feet of attached
garage area, and 240 square feet of storage room area.
B. The construction of a new 720 square foot attached cantilevering deck.
C. The construction of a 75 square foot front porch entry located along the facade of
the residence facing Crownview Drive.
D. 471 cubic yards of grading, consisting of 249 cubic yards of cut and 222 cubic
yards of fill with 27 cubic yards of export.
E. Eleven (11) retaining walls, as follows:
a. Five (5) downslope retaining walls within the front setback located along
the westerly property line and driveway, which vary in height between 1'-9
V and 2'-0".
b. Four (4) upslope retaining walls within the front and south -side yard
setbacks located along the west and south-westerly property lines, which
vary in height from 3'-0" to 4'-0".
c. Two (2) downslope retaining walls within the street -side side yard setback
located along the easterly property line, which vary between 1'- 3 7/8" to
3'-0" in height.
16. The proposed retaining walls do not include a guardrail on top. Should a guardrail be
required, or installed on the subject property, additional Planning review and approval
shall be required.
17. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (30.36% proposed).
18. Maximum hardscape coverage within the 20 -foot front -yard setback area shall not
exceed 50%.
19. A minimum 2 -car garage shall be maintained (3 -car garage proposed), with each
required parking space being individually accessible and maintaining minimum
unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical
clearance.
P.C. Resolution No. 2016-16
Page 11 of 13
B-11
20. 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.
21. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
22. Prior to building permit issuance and/or commencement of grading, whichever occurs
first, the applicant shall obtain approval of a haul route from the Director of Public Works.
23. 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.
24. The height of the approved project shall be as depicted on the stamped approved plans
and in no case shall the maximum height extend above a height of 11'-8'/z", as
measured from the highest elevation of the existing grade covered by the structure (elev.
130.58') to the highest proposed roof ridgeline (elev.142.29'); and an overall height of
25'- 4%", as measured from the lowest finished grade adjacent to the structure
(elev. 116.92') to the highest proposed roof ridgeline (elev. 142.29'). BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection, based on the above mentioned instructions.
25. The approved residence shall maintain a 17'-6" front yard setback, an 18'-10" street -side
side yard setback and a 26'-10%" south side yard setback. BUILDING SETBACK
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to foundation forms inspection.
26. This approval is for a 2,758 square -foot two-story split-level residence, a 711 square foot
3 -car garage and a 240 square foot storage room (total 3,709 square feet). BUILDING
AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to the framing inspection.
27. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of occupancy.
28. Prior to issuance of any Building or Grading Permits, the applicant shall obtain City
Council approval to allow grading and improvements within the City's slope easement as
shown on the plans approved by the Planning Commission on November 29, 2016.
29. Prior to issuance of any Grading or Building Permits, the applicant shall submit complete
Landscape Plans to the Planning Division for review and approval by the Community
Development Director ensuring that the graded slopes are landscaped and retaining
walls screened with landscaping. The final approved landscaping shall be installed prior
to issuance of a Certificate of Occupancy for the residence. Said plans may be required
P.C. Resolution No. 2016-16
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B-12
to comply with the State of California Water Efficient Landscape requirements.
30 Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in Section
17.56.050(C) of the Development Code.
31. All applicable soils/geotechnical reports, if required by the Building and Safety Division,
shall be approved by the City's geologist prior to Building Permit issuance.
P.C. Resolution No. 2016-16
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B-13
AMA