PC RES 2019-016 P.C. RESOLUTION NO. 2019-16
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 4,560FT2
(GARAGE INCLUDED) TWO-STORY RESIDENCE WITH
ANCILLARY SITE IMPROVEMENTS ON THE PROPERTY
LOCATED AT 5325 BAYRIDGE ROAD (CASE NO. ZON2016-
00358)
WHEREAS, on August 9, 2016, the Applicant submitted Height Variation and
Site Plan Review applications requesting to demolish an existing single-story residence
in order to construct a new two-story residence with ancillary improvements; and
WHEREAS, on August 19, 2016, Staff deemed the application incomplete due to
missing information on the project plans; and
WHEREAS, on March 20, 2019, after several submittals of additional information,
the application was deemed complete for processing; and
WHEREAS, March 21, 2019, 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 May 14, 2019, the Planning Commission held a duly noticed
public hearing, considered public testimony expressing concerns with the project
design, and continued the public hearing to its June 25, 2019 meeting to allow the
Applicant an opportunity to address neighborhood compatibility concerns including
structure size, bulk and mass, and building height, as well as privacy impacts; and
WHEREAS, on June 10, 2019, the Applicant submitted revised plans that
reduced the structure size from 5,304ft2 to 4,560ft2 and the structure height from 24.6' to
22.42'; recessed the second story between 5' and 10' along the east facade; and
replaced the 438ft2 rear facade deck with two smaller decks with translucent side panels
totaling 128ft2 in size; and
WHEREAS, on June 17, 2019, the Applicant revised the project silhouette, which
was installed 3-days prior to the transmittal of the June 25th Planning Commission
agenda packet; and
WHEREAS, on June 25, 2019, the Planning Commission continued the public
hearing to July 9, 2019 in order to provide adequate time for interested parties to assess
the revised project plans and silhouette; and
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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 July 9, 2019, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: The proposed project involves the demolition of existing 1,717ft2
single-story residence to accommodate the construction of a new 4,560ft2 (garage
included) two-story residence measuring 22.42' in height with related site
improvements.
Section 2: A Height Variation permit is warranted for the construction of a
22.42' tall two-story residence exceeding the 16'/20' by-right height limitation, based on
the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures established by the City Council by obtaining 70% of
the signatures from properties within 100' of the subject site and 36% of the
signatures from properties within 500' of the site. The Applicant also provided
documentation demonstrating that the local Lower Grandview Homeowners
Association was notified and no response was received.
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, the
proposed residence will not be visible from a public viewing area or viewing site.
C. The proposed residence is not located on a ridge or promontory. The proposed
residence is 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 area of the proposed residence that is above 16' in height, as defined in
Section 17.20.040(B) of the Rancho Palos Verdes Municipal 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),
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Los Angeles Basin, Queen's Necklace, and city lights are observed from the
properties in the immediate neighborhood in a northerly direction. The views from
the properties located south of the subject site above 16' in height are limited to
the sky, which is not considered a protected view. There is one property south of
the project site at 5348 Bayridge Road that contains a small portion of the
mountain-view along the right periphery of the view frame above 16' in height.
Given the minimal impairment and the location of the view at the right periphery
between existing trees, this is not considered a significant view impact. The
properties located to the east and west are at the same elevation as the subject
site and have a view of city lights in a northerly direction, which is not across or
over the subject site. The properties to the north are at or near the same
elevation as that of the project site and do not have views across the subject site.
E. The proposed residence that is above 16' is designed and situated in such a
manner as to reasonably minimize the impairment of view. As described in
Section 2D above, the view impairment caused by the proposed residence above
16' in height to 5348 Bayridge Road is considered not significant. The proposed
residence includes adequate articulation between the lower and upper floors that
allows enhanced open space to reasonably minimize view impairment.
F. There is no significant cumulative view impairment caused by granting the
application. Similar construction on the properties at 5345, 5337, 5329 and 5319
Bayridge Road would only impair the view of the sky, which is not considered a
protected view.
G. The proposed residence complies with all other Code requirements including, but
not limited to, the minimum required setbacks, number of parking, and maximum
allowed lot coverage.
H. The proposed residence is compatible with the immediate neighborhood
character in terms of structure size, bulk and mass, height, architectural style,
and lot coverage. The proposed residence will be 4,560ft2 in size, which is
compatible to recently constructed two-story residences located at 5329 and
5345 Bayridge Road. The varied façade setbacks between the upper and lower
floors breaks up the apparent vertical mass and provides enhanced façade
articulation along the façades. The proposed 22.42' height of the residence is
compatible to the height of existing two-story residences in the area. The
proposed residence incorporates architectural and design elements consistent
with the neighboring properties including a low-pitched gable roof with clay tile
roofing and exterior stucco finish. The proposed lot coverage of 43.9% which is
compatible with the neighborhood that varies based on the topography and
layout of existing improvements.
The portion of the proposed residence that is above 16' in height does not result
in an unreasonable infringement of privacy of the occupants of abutting
residences. The proposed covered balcony at the front of the residence will face
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a public street (i.e. Bayridge Road), where there is no expectation of privacy. The
two decks located at the rear of the residence incorporate opaque side panels at
the east and west ends to minimize potential privacy impacts to the abutting
properties at 5319 and 5329 Bayridge Road. No second story windows are
proposed along the west façade closest to the abutting property, and obscured or
opaque windows are proposed for most second-story windows along the east
façade to further minimize privacy impacts to the neighboring property at 5319
Bayridge Road.
Section 3: A Site Plan Review is warranted for the proposed ancillary
improvements to the residence and yard area, including decks, 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 standards in the RS-5 zoning district.
Section 4: 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, July 24, 2019. 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 July 24, 2019.
Section 5: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90 day statue of limitations set forth in Code of Civil Procedure
§1094.6 and Section 17.86.100(B) of the Rancho Palos Verdes Municipal Code.
Section 6: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other record of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C.
Resolution No. 2019-16, approving a Height Variation and Site Plan Review to allow the
demolition of an existing single-story residence to accommodate the construction of a
4,560ft2 (garage included) two-story residence with ancillary site improvements on the
property at 5325 Bayridge Road, subject to the Conditions of Approval contained in the
attached Exhibit "A".
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PASSED, APPROVED AND ADOPTED this 9th day of July, 2019, by the following vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, PERESTAM, AND VICE
CHAIRMAN LEON
NOES: NONE
RECUSALS: NONE
ABSTENTIONS: NONE
ABSENT: COMMISSIONER SAADATNEJADI AND CHAIRMAN BRADLEY
Gordon Leon,
Vice Chairman
Ara Mihrania , = P
Director of Community Development
Secretary to the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2016-00358
(HEIGHT VARIATION AND SITE PLAN REVIEW)
5325 BAYRI DG E 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 of RPVMC, 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.
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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 RPVMC, 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 RPVMC and may result in
administrative citations as described in Section 1.16 of the RPVMC.
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 RPVMC 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
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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 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 RPVMC. 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 1,717ft2 single-story residence;
B. Construction of a 4,091ft2 two-story single-family residence with a 469ft2
attached 2-car garage area for a total structure size of 4,560ft2;
C. Construction of two second-story decks totaling 128ft2 in size along the
rear of the residence, with verandas located underneath the deck areas;
D. Construction of a 58ft2 covered balcony at the east end of the front façade;
E. Reconfiguration of the existing indirect-access driveway to a direct-access
driveway with a larger driveway approach;
F. Construction of a 42" high front yard fence along the property line; and,
G. Installation of air conditioning equipment within a recessed area of the
east façade.
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 22.3', as measured from highest elevation of the existing grade covered by the
structure (elev. 675.50') to the highest proposed roof ridgeline (elev. 697.80');
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and an overall height of 22.42' as measured from lowest finished grade adjacent
to the structure (elev. 675.00') to the highest proposed roof ridgeline (elev.
697.80'). 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 approved residence shall maintain a 21'-8" front yard setback, a 5'-0" east
side yard setback, 5'-0" west side yard setback and a 49'-11" rear yard setback.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to foundation forms inspection.
20. 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. The chimney on the west side elevation shall be removed
from the project plans prior to submittal to Building and Safety.
21. The bathroom and laundry room windows located on the second-story of the
residence along the east facing façade shall incorporate obscure or opaque
glass.
22. The Property Owner shall be responsible for maintaining translucent privacy side
panels for each of the second-story decks located along the north elevation of
the proposed residence.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 43.9% lot coverage.
24. Driveways, paved walkways and parking areas shall not cover more than 50% of
the required 20' front setback area. Any pervious or semi-pervious surface which
is part of or within a driveway or parking area shall not be considered to be
landscaping.
25. 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'-O" 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.
26. A driveway shall be a minimum width of 10'.
27. Exterior residential lighting shall comply with the standards of Section 17.56.030
of the Rancho Palos Verdes Development Code. All exterior lighting shall be so
arranged and shielded as to prevent direct illumination of abutting properties and
of vehicles passing on the public right-of-way. Luminaries shall be of a low-level
indirect and diffused type. All fluorescent bulbs or other lighting under canopies
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or on the building shall be covered with diffusing lenses and shielded.
28. All grading, landscaping, and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
29. The Applicant shall remove the project silhouette within 7 days after a final
decision has been rendered and the City's appeal process has been exhausted.
30. The maintenance or operation of mechanical equipment, including but not limited
to AC units or pool filters, generating noise levels in excess of 65 dBA as
measured from the closest property line shall constitute a public nuisance in
accordance to Chapter 8.24 of the RPVMC.
Prior to Building Permit Issuance
31. 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.
32. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's geologist.
33. A drainage plan shall be reviewed and approved by the Public Works
Department.
34. The Applicant shall obtain a permit from the Public Works Department and/or the
Community Development Department for proposed work within the public right-
of-way.
35. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth
hauling permit shall be approved by the Public Works Department.
Prior to Certificate of Occupancy
36. 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 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.
Upon completion of the installation of the landscaped areas or altered
landscaped area subject to Section 15.34.100, the project Applicant shall submit
a certificate of completion, in the form provided by the city, for review and
approval by the Director of Community Development. The certificate of
completion shall be executed by either the licensed landscaped architect,
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licensed landscape contractor or the certified irrigation designer that signed any
of the documents submitted as part of the landscape documentation package.
37. 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.
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