PC RES 2017-016 P.C. RESOLUTION NO. 2017-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION, GRADING PERMIT,
AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF
AN EXISTING SINGLE FAMILY RESIDENCE TO
ACCOMMODATE THE CONSTRUCTION OF A NEW 4,507
SQUARE FOOT, TWO-STORY RESIDENCE (GARAGE
INCLUDED), 424 SQUARE FEET OF BALCONIES,AND 106
CUBIC YARDS OF GRADING AT 30717 RUE LANGLOIS
(CASE NO ZON2016-00162).
WHEREAS, On April 14, 2016, the applicant submitted Height Variation, Grading
Permit, and Site Plan Review applications requesting approval to demolish an existing
single family residence to accommodate the construction of a new 6,042 square foot, two-
story, residence with a basement and associated grading; and,
WHEREAS, On May 2, 2016, Staff completed the initial review of the application, at
which time the application was deemed incomplete due to missing information; and,
WHEREAS, the applicant submitted additional information on August 18, 2016,
September 19, 2016, October 3, 2016, November 17, 2016, December 13, 2016, January
17, 2017, and February 8, 2017 for review; and,
WHEREAS, on February 13, 2017, the application was deemed complete by Staff;
and,
WHEREAS, on March 28, 2017, the Planning Commission held a duly noticed
public hearing, considered public testimony and based on concerns related to
neighborhood compatibility, scale, bulk and mass, structure height and privacy impacts,the
Planning Commission directed the Applicant to revise the project plans and continued the
public hearing to its May 9th meeting; and,
WHEREAS, On April 24, 2017, the Applicant submitted revised project plans. The
proposed revisions reduced the overall structure size (Proposed 4,507), increased the rear
yard setback, reduced the overall height, reducing the size and footprint of the roof skylight,
and mitigated potential privacy impacts to the neighboring properties from the upper level
rear balcony. A notice announcing the availability of the revised project plans and
silhouette, as well as the May 9th continued public hearing, was mailed to property owners
within a 500-foot radius of the project site on April 28, 2017 and published in the Peninsula
News; and,
WHEREAS, on May 9, 2017, the Planning Commission, after considering public
testimony, approved the revised plans on a vote of 3-1 with Commissioner Bradley
dissenting and directed Staff to bring a Resolution reflecting the decision for adoption at
the June 13th meeting; and,
WHEREAS, the proposed project is Categorically Exempt from the provisions of the
California Environmental Quality Act (CEQA), under Article 19, Sections 15303(a)(new
construction) of the California Guidelines for Implementation of CEQA. Specifically, the
project includes the demolition of an existing single family residence to construct a new
single family residence on a residentially zoned lot. As such, this project has been exempt
from CEQA; and,
WHEREAS, the Planning Commission held a public hearing on June 13, 2017, at
which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Height Variation for the demolition of an existing single family
residence to accommodate the construction of a new 4,507 square foot, two story
residence is warranted because:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City. More specifically, the applicant obtained 19 signatures from
properties within 500 feet (31.6%) and 7 signatures out of the 9 property owners
within 100 feet(77.7%), thus fulfilling the requirement of obtaining the signatures of
at least 70% of the landowners within 100 feet and 25% of the total number of
landowners within 500 feet of the project site.
B. The proposed addition that is above 16 feet 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 a city-designated viewing area. Additionally, the subject property is not located
within the City's Coastal Specific Plan. As such, the proposed structure will not
significantly impair a view which has been defined in the City's General Plan,
Coastal Specific Plan, or a public trail.
C. The proposed structure is on a site that is not located on a ridge or prominent mass
of land that overlooks or projects onto a lowland or body of water on two sides.
D. The area of a proposed addition that is above sixteen feet in height, as defined in
Section 17.02.040(8) of the Development Code, when considered exclusive of
existing foliage, does not significantly impair a view from the viewing area of another
parcel. More specifically, the views of Catalina Island and the Pacific Ocean is in the
westerly direction. The residences located to the east on Rue Valois are located
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approximately 50' higher in elevation, the properties to the north and south are at
similar elevations as the subject property and the properties to the west are across
the street(Palos Verdes Drive South) and are approximately 50' lower in elevation.
Due to the topography, lot configuration and orientation of the second story addition,
no portion of the proposed residence over sixteen feet will affect views from the
viewing area of neighboring properties.
F. There is no significant cumulative view impairment caused by granting the
application. Cumulative view impairment is 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. More specifically, in evaluating the impacts of a
similar project as the proposed project on parcels adjacent to the subject property:
30703, 30709, 30723, and 30729 Rue Langlois, no significant view impairment
would exist from the viewing areas of another parcel as the residences located to
the east on Rue Valois are located approximately 50' higher in elevation, the
properties to the north and south are at similar elevations as the subject property
and the properties to the west are across the street(Palos Verdes Drive South)and
are at approximately 50' lower in elevation.
G. The proposed structure complies with all other Code requirements, including the
development standards and guidelines of the RS-4 zoning district, including but not
limited to, lot coverage and setbacks.
H. The proposed addition is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style, and bulk and mass.
The homes in the immediate neighborhood range in size from 2,030 square feet to
5,465 square feet. The resulting structure size for the proposed project, at 4,507
square feet (garage included), will be within range of the homes in the immediate
neighborhood. Additionally, the proposed lot coverage and setbacks are consistent
with those of the surrounding properties. The proposed project includes multiple
breaks and articulation in the facade with the use of a mansard roof, a porch, and
the materials to minimize possible bulk and mass impacts as seem from all vantage
points. The architectural style of the proposed residence would maintain the
architectural style found in the immediate neighborhood by utilizing stucco siding
and tile roof materials, similar to the materials found in the immediate neighborhood.
The proposed new structure that is above 16 feet in height does not result in an
unreasonable infringement of the privacy of the occupants of abutting residences.
The proposed second story structure includes a second story balcony along the rear
facade of the residence that will allow a view of the rear yard areas of the abutting
properties located at 30723 Rue Langlois and 30709 Rue Langlois. However, to
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mitigate any potential privacy impacts, the proposed balcony areas are set back
from the rear façade of the residence and the siting area of the balcony is placed in
between the main structure of the second story, allowing minimal visibility onto the
neighbor's property to the north and south.
Section 2: The Grading Permit is warranted to accommodate the proposed
residence, including maximum depth of cut, slope percentage, and the maximum allowable
wall heights. Specifically, the proposed project does not exceed that which is necessary for
the permitted primary use of the lot. The grading primarily occurs underneath the proposed
structure to lower the building pad and to accommodate the construction of the residence.
The proposed grading would allow the applicant to reasonably help mitigate the impact of
bulk and mass of the proposed structure by constructing the residence at a lower grade
reducing its visible appearance from the public right-of-way and surrounding properties.
Section 3: The Site Plan Review is warranted for the proposed residence and
accessory structures would comply with the required residential setback standards, lot
coverage and the maximum allowable heights as presented in the Development Code for
the RS-4 zone. Specifically, the proposed project will conform to the required setbacks and
the proposed lot coverage will not exceed the maximum allowable lot coverage in the RS-4
zone (50%).
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal the project to the City Council. Pursuant to Sections
17.02.040(C)(1)(g) of the Rancho Palos Verdes Municipal Code, any such appeal must be
filed with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15) days following June 13, 2017, the date of the Planning Commission's final
action.
Section 5: 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, and Site Plan Review to allow the applicant to demolish an
existing single family residence to construct a new 4,507 square foot, two-story residence
(garage included), 424 square feet of balconies, and 106 cubic yards of grading (cut/fill)to
accommodate the improvements, subject to the Conditions of approval in the attached
Exhibit 'A'.
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PASSED, APPROVED, AND ADOPTED this 13th day of June 2017, by the following vote:
AYES: Commissioners Emenhiser, Tomblin, Nelson, Vice Chairman James
NOES: Commissioner Bradley
ABSTENTIONS: Commissioner Leon
RECUSSALS:
ABSENT: Chairman Cruikshank
9/10,L.
William J. Jam s
Vice Chairman
Ara Mihranian, AICP
Director of Community Development
Secretary to the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2016-00162
(HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW)
30717 RUE LANGLOIS
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide the 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. Pursuant to Section 17.78.040, 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. Substantial changes to
the project shall be considered a revision and require approval by the final body that
approved the original project, which may require new and separate environmental
review and public notification.
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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 revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code or 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
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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, 9:00AM to 5:00PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the
Rancho Palos Verdes Development Code. During demolition, construction and/or
grading operations, trucks shall not park, queue and/or idle at the project site or in
the adjoining street rights-of-way before 7AM Monday through Friday and before
9AM on Saturday, in accordance with the permitted hours of construction stated in
this condition. When feasible to do so, the construction contractor shall provide
staging areas on-site to minimize off-site transportation of heavy construction
equipment. These areas shall be located to maximize the distance between staging
activities and neighboring properties, subject to approval by the building official.
15. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance.
16. 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.
17. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
18. 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.
19. 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.
20. 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.
21. If 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, the applicant shall provide temporary construction fencing, as
defined in Section 17.56.050(C) of the Development Code. Unless required to
protect against a safety hazard, temporary construction fencing shall not be erected
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sooner than 15 days prior to commencement of construction.
Project Specific Conditions:
22. This approval is for the following:
A. Demolish an existing single-family residence.
B. Construct a 3,796 square-foot, 2-story single-family residence and a 711
square-foot 3-car garage (total 4,507 square feet).
C. Construct 424 square feet of balconies.
D. Construct 594 square feet of first floor covered patio area along the front and
rear façades.
E. Install a skylight on the west side of the highest roof ridge line.
F. Change the current driveway configuration to a new direct access garage.
G. Conduct 106 cubic yards of grading (cut), to accommodate the proposed
improvements.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
23. The height of the approved residence shall be as depicted on the stamped
APPROVED plans and in no case shall the maximum height extend above a height
of 23'-8 %/4" as measured from the lowest finished grade adjacent to the structure
(elev. 296.25')to the highest proposed roof ridgeline (elev. 319.93'); and a height of
22'-3", as measured from the highest elevation of the existing grade covered by the
structure (elev. 297.70') to the highest proposed roof ridgeline (elev. 319.93').
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.
24. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 42.3% lot coverage.
25. The approved residence shall maintain setbacks of 21'-0" front, 65'-8" rear, 6'-8"
north side and 6'-6" south side. BUILDING SETBACK CERTIFICATION
REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to
foundation forms inspection.
26. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
27. The proposed chimney may project a maximum of 2' into any required setback, and
shall not exceed the minimum height required for compliance with the Uniform
Building Code.
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28. Prior to issuance of any Grading or Building Permit, the applicant shall submit
complete Landscape Plans to the Planning Division for review and approval by the
Community Development Director. The final approved landscaping shall be installed
prior to issuance of a Certificate of Occupancy for the residence. Said plans may be
required to comply with the State of California Water Efficient Landscape
requirements. Newly planted trees shall not exceed 16' in height, or the highest roof
ridgeline, whichever is lower.
29. The following minimum driveway widths and turning radii shall be provided for all
driveways leading from the street of access to a garage or other parking area on a
residential parcel:
A. The driveway shall be a minimum width of ten feet.
B. The driveway shall take into account the driveway standards required by the
department of public works for driveway entrances located in the public right-
of-way.
C. Portions of the driveway that is located adjacent to the side property line
shall provide a minimum eighteen-inch-wide landscaped area between the
side property line and the adjacent driveway, unless such buffer would
reduce the minimum width of the driveway to less than ten feet, in which
case the width of the landscape buffer may be narrowed or eliminated at the
discretion of the Director.
D. All driveways shall be built and maintained in accordance with the
specifications of the Los Angeles County fire department.
30. The proposed NC unit shall comply with the required side and/or rear setbacks.
31. The proposed A/C unit shall be screened from view from adjacent public right-of-
way with foliage or other appropriate screening.
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