PC RES 2021-003 P.C. RESOLUTION NO. 2021-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
COASTAL PERMIT, GRADING PERMIT, AND SITE PLAN REVIEW
TO DEMOLISH AN EXISTING RESIDENCE AND DETACHED
GARAGE, AND TO CONSTRUCT A NEW 7,900 FT2 SINGLE-STORY
RESIDENCE WITH BASEMENT (6,994 FT2 RESIDENCE AND 906
FT2 GARAGES) AT 19.98 FEET IN HEIGHT, A SWIMMING POOL,
SPA AND DECK, AND TO CONDUCT 1,200 YD3 OF GRADING (780
YD3 OF CUT AND 420 YD3 OF FILL) WITH RETAINING WALLS TO
ACCOMMODATE THE IMPROVEMENTS AT 36 SEA COVE DRIVE
(CASE NO. PLVA2019-0002)
WHEREAS, on September 11, 2019, the Applicant submitted Variance, Coastal
Permit, Grading Permit, and Site Plan Review applications to the Community Development
Department, requesting to demolish an existing residence and to construct a new single-
family residence, garages, covered patio, swimming pool and spa, with 1,547 yd 3 of
associated grading; and
WHEREAS, on October 10, 2019, staff completed the initial review of the application,
at which time the application was deemed incomplete due to missing information on the
project plans. The Applicant submitted additional information on several occasions, and on
July 13, 2020, Staff deemed the application complete for processing; and
WHEREAS, on July 23, 2020, a public notice announcing the August 11, 2020 public
hearing was published in the Palos Verdes Peninsula News and mailed to all persons
owning property within a 500' radius of the subject site; and
WHEREAS, on August 11, 2020, the proposed project was presented to the Planning
Commission and was subsequently continued to the September 8, 2020 Planning
Commission meeting to allow the Applicant an opportunity to consider project revisions to
related to improvements, including a portion of the residence, covered patio, pool, spa and
deck area within the City's Coastal Structure Setback and Coast Setback Zones; and
WHEREAS, on September 8, 2020, the Planning Commission continued the public
hearing to the October 13, 2020 Planning Commission meeting in order to provide the
Applicant with additional time to consider project revisions; and
WHEREAS, on September 11, 2020, the Applicant submitted revised plans that
reduced the overall size of the residence and grading as well as eliminated improvements
within the Coastal Setback Zone with only ancillary site improvements including a swimming
pool, spa and deck within the Coastal Structure Setback Zone; and
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WHEREAS, on October 13, 2020, a public comment was received by the City
regarding a possible landslide on the bluff portion of the property. As a result, the item was
continued to a date uncertain to allow the Applicant's geotechnical consultant and City's
geologist time to review this issue and determine the impact, if any, on the proposed project;
and
WHEREAS, on January 21, 2021, a public notice announcing the February 9, 2020
public hearing was published in the Palos Verdes Peninsula News and mailed to all persons
owning property within a 500-foot radius of the subject site; and
WHEREAS, on February 9, 2021, the proposed project was presented to the
Planning Commission and was subsequently continued to the February 23, 2021 Planning
Commission meeting to allow the Applicant to complete the project revisions discussed at
the meeting, namely, to relocate the pool and spa outside of the Coastal Structure Setback
Zone; and
WHEREAS, at the February 23, 2021 Planning Commission meeting, the proposed
project was continued to the March 9, 2021 Planning Commission meeting, because Staff
did not receive the grading plans portion of the full plan set for the proposed project; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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, the proposed project has been found to be categorically exempt under Section
15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines.
Specifically, the project involves the construction of a new single-family residence; and
WHEREAS, the Planning Commission held a public hearing on March 9, 2021, 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 above recitals are true and correct, and are incorporated herein by
reference.
Section 2: The project involves the demolition of an existing 3,167 ft2 residence
(garage and accessory structures included), and construction of a new 7,900 ft2 single-story
residence with basement (6,994 ft2 residence and 906 ft2 garages) at 19.95 feet in height, a
swimming pool, spa and deck, and to conduct 1,200 yd3 of grading (780 yd3 of cut and
420yd3 of fill) with retaining walls to accommodate the improvements. Also proposed is
construction of a combination wall measuring up to 8 feet in height along the eastern
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property line, and a foundation retaining wall measuring up to 6.1 feet in height along the
western property line to accommodate the proposed improvements.
Section 3: The Coastal Permit for the project in the City's Coastal Zone is
approved based on the following findings:
A. The development is consistent with Subregion 4 of the Coastal Specific Plan.
Specifically, the project will replicate the existing character and homogeneity found
within the neighborhood by constructing a residence with a similar architectural style
as several of the neighboring properties. Furthermore, the project site is currently
developed as a single-family residence and the site is not located in an area
dedicated for public access.
B. The development, located between the sea and the first public road, is consistent
with applicable public access and recreation policies of the Coastal Act. The
Applicant is not proposing to develop within the public road or outside of the property
and hence, the project will not affect any paths, trails, easements or public right-of-
ways, identified as access corridors (C-6 & C-7) within the Coastal Specific Plan.
Section 4: The Grading Permit is approved for the 1,200 yd3 of associated grading
(780 yd3 of cut and 420 yd3 of fill), with a maximum depth of cut and fill of 10.8 feet and 3.7
feet, respectively, to accommodate the proposed improvements.
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The primary use of the lot is residential as identified in the City's General
Plan and Zoning map. The proposed grading is to accommodate the development of
a new single-family residence.
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. The properties located on the north-south oriented streets are located
either at elevations that do not enjoy views over the adjacent properties, or the
portions of these residences that do have views are located on upper floors that are
likely not considered viewing areas. The visual relationships with the neighboring
properties would not be affected, as the proposed structure is still located
approximately 50 feet from the front property line, and the adjacent properties located
to the east and west of the project site are either located at a lower elevation (38 Sea
Cove), or have minimal windows along the façade of the proposed residence (34 Sea
Cove).
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. The existing natural contours of the project site are
the result of past grading for the construction of the existing residence, and the slope
of the property is changing from a gradual east to west slope, to a gradual north to
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south slope.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography. The existing "natural" contours of
the project site are largely the result of tract grading in the past. There are no
significant natural topographic features that would be disturbed by the proposed
grading.
E. The grading and/or related construction is compatible with the immediate
neighborhood character. The plans for a residence are compatible with the character
of the immediate neighborhood in terms of the scale, architectural style, and
setbacks. As designed, the project utilizes a Mediterranean style of architecture with
a smooth stucco exterior finish with stone accents and a pitched clay tile roof.
Furthermore, there will be no apparent bulk or mass issues resulting from the
proposed residence, as the structure height will be maintained within the
16 feet/20 feet envelope, and as the basement is located completely underground,
will appear to be a single-story residence as viewed from the street and neighboring
properties. Additionally, a 7-foot tall fence will be constructed along the westerly side
of the property adjacent to the drainage line to assist with the screening of this portion
of the structure which includes an exposed foundation wall. Also approved are a new
combination wall up to 8 feet in height (retaining wall and fence height vary) along
the eastern property line, and a 6.1-foot tall foundation retaining wall along the
western property line.
F. The grading is not for the creation of a new residential tract, as this tract was
established in 1949.
G. The grading utilizes street designs and improvements which serve to minimize
grading alternatives and harmonize with the natural contours and character of the
hillside because no modifications are proposed to streets or other public
infrastructure.
H. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because there is no
natural landscape or wildlife habitat in the proposed grading area.
I. The grading conforms to grading standards related to maximum finished slopes and
driveways. More specifically, there are no visual and/or view impacts to neighboring
properties, and no grading on an extreme slope.
J. Deviations to the code allowing retaining walls taller than 3.5 feet tall in each side
yard (a 4.23-foot tall retaining wall as part of a combination wall along the eastern
side line, and a 6.1-foot tall foundation retaining wall along the west structure façade)
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and a finished slope greater than 35% is warranted are warranted as they are
necessary to accommodate the proposed residential development, similar to what
was allowed for the development of neighboring topographically comparable
properties, as well as providing for access around the residence. If the project did not
consist of these retaining walls and associated grading, the residence would be
located on an uneven building pad.
Section 5: The Site Plan Review is approved for the proposed residence and
ancillary site improvements, as these plans comply with all applicable Zoning Code
requirements for the RS-2 zoning district. The approved ancillary improvements include a
2,076 ft2 on-grade and below-grade deck, a swimming pool and spa with associated
equipment, air conditioning units, seat walls, a fire pit, a built-in BBQ, and skylights. The
proposed ancillary improvements comply with all applicable Code requirements, including,
but not limited to, minimum required setbacks, parking, and maximum allowed lot coverage.
Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds
for appeal and any specific action being requested by the appellant. Any appeal letter must
be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Wednesday,
March 24, 2021. The City Council's decision is final. A $2,275 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 Wednesday, March 24, 2021.
Section 7: Any challenge to a final decision by the City Council on the entitlements
and the findings set forth herein must be filed within the 90 day statute of limitations set forth
in Code of Civil Procedure §1094.6 and Section 17.86.100(B) of the RPVMC.
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 adopts P.C. Resolution No. 2021-
, thereby approving a Coastal Permit, Grading Permit, and Site Plan Review to demolish
an existing residence and detached garage, and to construct a new 7,900 ft2 single-story
residence with basement (6,994 ft2 residence and 906 ft2 garages) at 19.95 feet in height, a
swimming pool, spa and deck, and to conduct 1,200 yd3 of grading (780 yd3 of cut and 420
yd3 of fill) with retaining walls to accommodate the improvements, subject to the conditions
of approval contained in the attached Exhibit "A".
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PASSED, APPROVED AND ADOPTED this 9th day of March, 2021 by the following vote:
AYES: COMMISSIONERS CHURA, HAMILL, JAMES, SAADATNEJADI, SANTAROSA,
VICE-CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
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frp, ----
Gordon Leon
Chair of the Planning Commission
/, .,
Ken Rukavina, PE
Director of Community Development
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLVA2019-0002
(COASTAL PERMIT, GRADING PERMIT,
AND SITE PLAN REVIEW)
36 SEA COVE DRIVE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or 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 Exhibit"A".
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, or otherwise arise from, the action of, any permit or approval issued by, or any
construction, excavation, or improvement permitted or approved 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 (RPVMC) shall apply.
5. Pursuant to RPVMC §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
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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 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 RPVMC §17.86.060 or administrative citations as described in RPVMC §1.16.
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 RPVMC §17.86.070
within one year of the final effective date of this Notice of Decision, 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 approval.
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
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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. 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 RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
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 AM Monday through Friday and before 9:00 AM 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.
16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
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 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.
18. A minimum of three enclosed and three unenclosed parking spaces shall be provided
and maintained. An enclosed parking space shall have an unobstructed ground
space of no less than 9 feet in width by 20 feet in depth, with a minimum of 7-foot of
vertical clearance over the space. An unenclosed parking space shall have an
unobstructed ground space of no less than 9 feet in width by 20 feet in depth.
19. The driveway shall have a minimum width of 10 feet.
20. An 18-inch minimum wide landscaped area between the side property line and the
driveway shall be maintained.
21. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
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exceed 50%.
22. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
23. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT,
whichever occurs first, an earth hauling permit shall be approved by the Public Works
Department.
24. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS all
applicable soils/geotechnical reports, if required by the Building and Safety Division,
shall be approved by the City's Geologist.
25. The Applicant shall remove the project silhouette within seven days after a final
decision has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions
26. This approval allows for the proposed improvements:
• Demolition of an existing 3,167 ft2 residence (garage and accessory structures
included);
• Construction of a new 7,900 ft2 single-story residence with basement (6,994 ft2
residence and 906 ft2 garages);
• Grading consisting of 780 yd3 of cut and 420 yd3 of fill (1,200 yd3 of grading) to
accommodate the proposed improvements;
• Construction of a combination wall measuring up to 8 feet in height along the eastern
property line, and a foundation retaining wall measuring up to 6.1 feet in height along
the western property line; and,
• Construction of ancillary structures and site improvements, which include a 2,076 ft2
on-grade and below-grade deck, a swimming pool and spa with associated
equipment, fire pit, air conditioning units, seat walls, built-in BBQ, and skylights.
27. Unless modified by the approval of future planning applications, the approved
residence shall maintain the following setbacks as depicted on the stamped approved
plans on file with the Planning Division:
• Front yard (north) setback of 50.05 feet for the proposed residence and
garages;
• Side yard setbacks of 5 feet for the east side yard and 10.6 feet for the west
side yard;
• Rear yard setback of 215.15 feet.
BUILDING SETBACK CERTIFICATION REQUIRED, TO BE PROVIDED BY A
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LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO FOUNDATION
FORMS INSPECTION.
28. Unless modified by the approval of future planning applications, the approved project
shall be permitted up to 37.94% lot coverage. Any increases to the lot coverage shall
require additional Planning Division review.
29. Any proposed walls or fences are limited to 42 inches tall within the 20-foot front yard
setback.
30. A 7-foot tall fence shall be constructed along the west façade of the structure, as
shown on the plans approved by the Planning Commission on March 9, 2021.
31. The height of the approved project shall be depicted on the stamped approved plans.
The maximum height of the new residence with attached garages will be 13.08 feet,
as measured from highest elevation of the existing grade covered by the structure
(elev. 169.5 feet)to the highest roof ridgeline (elev. 182.58 feet); and an overall height
of 19.98 feet as measured from lowest finished grade adjacent to the structure
(elev. 162.60 feet) to the highest roof ridgeline (elev. 182.58 feet).
BUILDING HEIGHT CERTIFICATION IS REQUIRED TO BE PROVIDED BY A
LICENSED LAND SURVEYOR OR CIVIL ENGINEER PRIOR TO ROOF
SHEATHING INSPECTION.
32. The color of the material used for the flat portion of the roof shall not be white and
shall be compatible with the color of the sloping portion of the roof as shown on the
approved plans, and as deemed acceptable by the Director of Community
Development.
33. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS,
conceptual approval from the Los Angeles County Fire Department shall be obtained
for the 5:1 slope in the west side yard area between the drainage swale and the
residence.
34. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS, a
landscape plan shall be submitted for review and approval by the Director of
Community Development. This landscape plan shall comply with the Water Efficient
Landscaping Ordinance (WELO) requirements in RPVMC Chapter 15.34 as well as
the landscaping/water use recommendations mentioned in the geotechnical
engineering and engineering geology investigation report from Hamilton and
Associates dated January 30, 2020.
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35. Based on a foliage analysis conducted on September 16, 2019, the following foliage
shall be trimmed or removed prior to building permit issuance in order to protect the
view from surrounding viewing areas:
1) Remove five (5) Pine trees in the front yard or crown reduce the trees' heights
to 16 feet, as measured from the base of the trees or to the lowest adjacent
ridgeline of the existing residential structure, whichever is lower.
The owner of the property is responsible for maintaining all foliage on the
property, which exceeds 16 feet in height, as measured from the trunk base
of the tree trunk where the tree trunk emerges from the ground, or that
exceeds the lowest adjacent ridgeline of the primary structure, whichever is
lower, so as not to significantly impair the view from surrounding viewing
areas.
36. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMITS, the
applicant shall consult with the South Central Coastal Information Center (SCCIC)
regarding any known archaeological sites on or within a half-mile radius of the subject
property. Said information shall be reviewed and accepted by the Community
Development Director.
37. If any archaeological sites are identified on or within a half-mile radius of the project
site per Condition No. 36 above, then prior to the commencement of grading, the
applicant shall retain a qualified paleontologist and archaeologist to monitor grading
and excavation. In the event undetected buried cultural resources are encountered
during grading and excavation, work shall be halted or diverted from the resource
area and the archeologist and/or paleontologist shall evaluate the remains and
propose appropriate mitigation measures.
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