PC RES 2018-015 P.C. RESOLUTION NO. 2018-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS A
HEIGHT VARIATION AND SITE PLAN REVIEW TO DEMOLISH AN
EXISTING SINGLE-STORY RESIDENCE TO ACCOMMODATE THE
CONSTRUCTION OF A NEW 3,786 SQUARE FOOT (GARAGE
INCLUDED) TWO-STORY RESIDENCE WITH ANCILLARY SITE
IMPROVEMENTS ON THE PROPERTY LOCATED AT 5408
LITTLEBOW ROAD (CASE NO. ZON2017-00245).
WHEREAS, on June 15, 2017, the Applicant and property owner, Ann Ma, submitted
Height Variation and Site Plan Review applications to demolish an existing single-story
residence in order to construct a new two-story residence with ancillary improvements on the
property located at 5408 Littlebow Road; and
WHEREAS, on June 12, 2017, staff deemed the application incomplete due to missing
information on the project plan; and
WHEREAS, on February 28, 2018, after several submittals of additional information, the
application was deemed complete for processing; and,
WHEREAS, March 1, 2018, a public notice was mailed to property owners within a 500'
radius of the project site and published in the Palos Verdes Peninsula News pursuant to the
requirements of the Rancho Palos Verdes Municipal Code; and
WHEREAS, on April 10, 2018, the Planning Commission held a duly noticed public
hearing, considered public testimony and upon a request by the Applicant, the Planning
Commission continued the public hearing to its May 8, 2018 meeting to allow the Applicant an
opportunity to address project concerns related to view impairment, structure size, and view
impairing foliage; and
WHEREAS, on April 20, 2018, the Applicant submitted revised plans that reduced the
overall structure height by 4' (26' to 22'), as measured from the lowest finished grade elevation
adjacent to the structure to the highest roof ridgeline elevation, and reduced the size of the
proposed two-story residence from 3,891 square feet to 3,786 (garage included) square feet;
and
WHEREAS, on April 25, 2018, the Applicant revised the required project silhouette; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the proposed project has been found to be categorically exempt under Class 3
(Section 15303(a)); and
WHEREAS, on May 8, 2018, the Planning Commission held a duly noticed public
hearing at which time all interested parties were given an opportunity to be heard and present
evidence.
P.C. Resolution No. 2018-15
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: A Height Variation permit is approved for the construction of a new 3,786
square foot (garage included), two-story residence to exceed the 16'/20' height limitation with a
proposed structure height of 22' because:
A. The Applicant has complied with the early neighborhood consultation process guidelines
and procedures established by the City Council by obtaining signatures from 75% of
properties within 100 feet of the project site, signatures from 28% of properties within
500 feet of the project site, and by demonstrating her attempts to notify the local, but not
active, Littlebow Homeowners Association.
B. The proposed residence that is above 16' in height does not significantly impair a view
from public property, which has been identified in the City's General Plan, Coastal
Specific Plan, or a public trail as defined in the Trails Network Plan due to the location of
the property and the topography of the immediate area.
C. The proposed structure is not located on a ridge or promontory. The proposed residence
would be located on an existing building pad, which is not on a prominent mass of land
that overlooks or projects onto a lowland or body of water on two sides.
D. The proposed structure that is above 16' in height, as defined in Section 17.20.040(B) of
the Development Code, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. Views of the distant
mountains (San Gabriel), Los Angeles Basin, the Queen's Necklace and city lights are
observed by the adjacent properties in a northerly direction. The proposed project will
not significantly impair views of properties to the south of the project, along Shorewood
Road, including the property at 26630 Shorewood Road, and Indian Peak Road; as
these properties will continue to observe views over the project site as a result of a low
profile roof design and reduced ceiling plate heights. Furthermore, foliage on the
property has been trimmed so as to enhance the view of the city lights and Los Angeles
Basin from the viewing area at 26630 Shorewood Road, and will be maintained at a
height that does not exceed 16' or the lowest adjacent roof ridgeline, whichever is
greater. Views along Littlebow Road are oriented in a northerly direction and away from
the proposed improvements on the project site.
E. There is no significant cumulative view impairment caused by granting the application.
Cumulative view impairment is determined by considering: (a) the amount of view
impairment caused by the proposed new structure that is above 16' in height or addition
to a structure that is above 16' in height; and (b) the amount of view impairment caused
by the construction on other parcels of similar new structures or additions that exceed
16' in height. The revised project would not result in a significant cumulative view
impairment as seen from adjoining properties to the south of the project site. The
property to the west of the project site, at 5416 Littlebow Road, is currently improved
with a two-story residence, and the property to the east at 5402 Littlebow Road, is
currently improved with a single-story residence, which is at a pad elevation that is
approximately 5' lower than the project site. Similar construction on these properties to
that of the project site will not result in a significant view impairment to properties
immediately to the south of the project site, as views from these properties are currently
impaired by the existing structures at the permitted by-right height (16'/20') limit.
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Furthermore, building pad elevations along Shorewood Road and Indian Peak Road
increase in height in a southerly direction from Littlebow Road, resulting in building pads
along these streets, which are 10' to 25' higher than the project site, that maintain views
over the project site.
F. The proposed residence complies with all other Code requirements including but not
limited to the minimum required setbacks, parking, and maximum allowed lot coverage
in the RS-5 zoning district. Specifically, the project proposes a 20' front yard setback, a
30'-1" rear yard setback and a 6' easterly and 10'-1" westerly side yard setback. In
addition, the project proposes a 480 square foot attached 2-car garage with an overall lot
coverage of 45.1%.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of scale of surrounding residences, architectural style, and setbacks. The design
of the proposed-second story maintains the existing residential character and scale of
the neighborhood by providing enhanced building wall and roof articulation along the first
and second stories. In addition, the second floor is recessed from the first floor, so as to
reduce the vertical emphasis, resulting in a design that preserves the quality of the
neighborhood. The residence, as currently designed, will also provide increased front,
side, and rear setbacks, as compared to those of the existing residence, which will
maintain the existing streetscape of the immediate area. The proposed project complies
with the maximum lot coverage in the RS-5 zoning district (52%), as the Applicant is
proposing a lot coverage of 45.1%, which is a reduction from the existing lot coverage of
48%. Furthermore, the proposed residence incorporates design elements consistent with
the neighboring properties including a low-pitched gable roof with clay tile roofing,
exterior stucco finish, and decorative columns along the second-story balconies.
H. The new structure that is above 16' in height does not result in an unreasonable
infringement of privacy of the occupants of abutting residences, as proposed covered
balconies will face Littlebow Road, which is a public street, and as the south or rear
elevation has been designed with limited window areas.
Section 2: The Applicant's Site Plan Review is approved for the proposed ancillary
improvements to the residence and yard area, including balconies, installation of mechanical
equipment, and driveway and hardscape remodeling. The proposed ancillary improvements
comply with all applicable code requirements, including but not limited to, setbacks, parking, and
maximum lot coverage in the RS-5 zoning district.
Section 3: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 p.m. on Wednesday, May 23,
2018. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the
Planning Commission's decision will be final at 5:30 p.m. on May 23, 2018.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes
hereby adopts P.C. Resolution No. 2018-15, approving a Height Variation and Site Plan Review
to demolish an existing single-story residence to accommodate the construction of a new 3,786
square foot (garage included) two-story residence with ancillary site improvements at 5408
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Littlebow Road, subject to the Conditions of Approval contained in the attached Exhibit "A"
(Case No. ZON2017-00245).
PASSED, DENIED AND ADOPTED this 8th day of May, 2018, by the following vote:
AYES: COMMISSIONERS LEON, NELSON, PERESTAM, SAADATNEJADI, VICE
CHAIRMAN BRADLEY,AND CHAIRMAN JAMES
NOES: NONE
RECUSALS: NONE
ABSTENTIONS: NONE
ABSENT: NONE
William J. Ja es,
Chairman
Ara Mihranian, A - -
Director of Community Development
Secretary to the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2017-00245
(HEIGHT VARIATION AND SITE PLAN REVIEW)
5408 LITTLEBOW ROAD
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and
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 90 days 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 Director of Community Development 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.
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
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Section 17.86.060 of the City's Municipal Code and may result in 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 of Community Development.
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: 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 a.m. to 6:00 p.m., Monday
through Friday, 9:00 a.m. to 5:00 p.m. 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 7:00 a.m. Monday through Friday and before 9:00
a.m. 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 so as to maximize the distance between staging activities and
neighboring properties, subject to approval by the building official.
15. If construction projects that are accessible from a street right-of-way or an abutting
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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 sooner than 15 days
prior to commencement of construction.
16. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
Project Specific Conditions
17. This approval allows for the following:
A. Demolition of the existing 2,396 square foot single-story residence;
B. Construction of a new 3,786 square foot, two-story, single-family residence
consisting of 3,306 square feet of habitable area and 480 square feet of attached
2-car garage area;
C. Construction of a 472 square foot covered patio (below the second story) along
the westerly side yard;
D. Construction of two covered balconies along the front façade of the residence
totaling 164 square feet;
E. Reconfiguration of the existing indirect driveway to a direct-access driveway with
a new driveway approach;
F. Installation of two air conditioning condenser units at the rear of the property.
18. 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 20'-8", as measured
from highest elevation of the existing grade covered by the structure (elev. 305.17') to
the highest proposed roof ridgeline (elev. 325.87'); and an overall height of 22'-0" as
measured from lowest finished grade adjacent to the structure (elev. 303.87) to the
highest proposed roof ridgeline (elev. 325.87'). 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.
19. The flat area or built-up portion of the second story shall not include any white or
reflective finishes or coatings, and shall consist of a color consistent with the roof color
identified on the stamped APPROVED plans.
20. The approved residence shall maintain a 20'-0" front yard setback, a 6'-0" east side yard
setback, 10'-1" west side yard setback and a 30'-1" rear yard setback. BUILDING
SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or
civil engineer prior to foundation forms inspection.
21. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 45.1% lot coverage.
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22. Maximum hardscape coverage within the 20'-0" front-yard setback area shall not exceed
50%.
23. A minimum 2-car garage shall be provided and maintained as a garage, and a minimum
of 2 unenclosed parking spaces shall be provided and maintained as a driveway. An
enclosed parking space shall have an unobstructed ground space of no less than 9'-0" in
width and 20'-0" in depth, with a minimum 7'-0" vertical clearance. An unenclosed
parking space shall have an unobstructed ground space of no less than 9' in width by
20'-0" in depth.
24. 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.
25. All grading, landscaping, and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
26. The silhouette frames shall be removed within seven (7) days of the end of the appeal
period, or by May 30, 2018.
27. The Applicant shall maintain, in perpetuity, the height of the rear yard tree that is located
along the easterly side yard, and which appears to be an elm tree, to a height of 16'-0"
or the roof ridgeline height, whichever is lower. All required trimming shall occur by May
31st annually.
28. All mechanical equipment such as an air conditioner condenser shall conform to Section
17.48.030(E)(5) of the RPVMC.
Prior to Building Permit Issuance
29. 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.
30. All applicable soils/geotechnical reports, if required by the Building and Safety Division,
shall be approved by the City's geologist.
31. A drainage plan shall be reviewed and approved by the Public Works Department.
32. The Applicant shall obtain a permit from the Public Works Department for proposed work
within the public right-of-way.
33. The Applicant shall obtain approval of a haul route from the Director of Public Works.
Prior to Certificate of Occupancy
34. The Applicant shall submit complete Landscape Plans and associated Trust Deposit to
the Planning Division for review and approval by the Director of Community
Development. The final approved landscaping shall be installed prior to issuance of a
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Certificate of Occupancy for the residence. The landscape plans may be required to
comply with the State of California Water Efficient Landscape requirements, as
determined by the City's Landscape Architect.
35. Foliage on the project site shall be maintained in perpetuity at 16' high or the highest
roof ridgeline, whichever is lower. All required trimming shall occur by May 31st annually.
36. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site.
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