PC RES 2021-013 P.C. RESOLUTION NO. 2021-13
ADOPT P.C. RESOLUTION NO. 2021-13; CONDITIONALLY
APPROVING A HEIGHT VARIATION PERMIT, MAJOR GRADING
PERMIT, AND SITE PLAN REVIEW TO DEMOLISH AN EXISTING
3,422 FT2 TWO-STORY RESIDENCE AND CONSTRUCT A NEW
4,900 FT2 (GARAGE INCLUDED) TWO-STORY RESIDENCE WITH
ANCILLARY SITE IMPROVEMENTS AND 420 YD3 OF
ASSOCIATED GRADING ON THE PROPERTY LOCATED AT 7255
CREST ROAD (CASE NO. PLHV2020-0004).
WHEREAS, on May 20, 2020, the project architect, Domingo C. Ottolia on behalf of
property owner, Jimmy Leong ("Applicant"), submitted a Height Variation, Major Grading
Permit, and Site Plan Review application to demolish an existing single-family residence at
7255 Crest Road, to accommodate the construction of a new two-story residence with
ancillary site improvements and grading;and
WHEREAS, June 16, 2020, 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
November 30, 2020, staff deemed the application complete for processing;and
WHEREAS, on December 3, 2020, a public notice was published in the Palos
Verdes Peninsula News and mailed to all property owners within a 500-foot radius
providing notification of the Planning Commission's consideration of the requested
applications on January 26,2021; and
WHEREAS, on January 26, 2021, the Planning Commission held a public hearing,
to consider the merits of the project and, with Applicant's consent, continued the public
hearing to a date uncertain to provide the Applicant and staff the opportunity to work
together to address the Planning Commission's project concerns related to structure size,
setbacks and on-site grading; an d
WHEREAS, in March 2021, the Applicant submitted revised project plans -to-the-Planning Division for review;and
WHEREAS, on June 10, 2021, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners within a 500-foot radius providing
notification of the Planning Commission's consideration of the requested applications on
July 13, 2021,
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
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Guidelines, the proposed project has been found to be categorically exempt under Section
15303 (New Construction) of the CEQA Guidelines. Specifically, the project involves the
construction of a single-family residence in the RS-2 zoning district, which is a residential
zone.
WHEREAS, the Planning Commission held a public hearing on July 13, 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 recitals above are true and correct incorporated herein by
reference.
Section 2: The Height Variation Permit, Major Grading Permit, and Site Plan
Review for demolition of an existing two-story residence and garage at 7255 Crest Road,
Rancho Palos Verdes, to construct a new 4,900 ft2 (garage in du ded) two-story residence
and ancillary site improvements with 420 yd3 of grading consisting of 284 yd3 of cut and
136 yd3 of fill along with 148 yd3 of export, are hereby approved, based on the findings
below.
Section 3: The Height Variation Permit is approved for the 4,900 ft2 (garage
included)two-story residence based on the following findings:
A. The Applicant provided early neighborhood consultation to property owners
within 500 feet of the project site and any local homeowners association via
certified mail through the United States Postal Service.
B. The proposed structure does not significantly impair any view from a City-
designated viewing area due to the location of the property and the topography
in the immediate area. The proposed residence is not located in the City's
Coastal Specific Plan and the portion of the residence shall exceed 16 feet in
height will not significantly impair any view from public property (including parks,
major thoroughfares, bike-ways, walkways or equestrian- trails)-identified in-the
City's General Plan or Coastal Specific Plan as City-designated viewing areas.
C. The proposed structure is not located on a ridge or promontory. The proposed
residence will 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 new structure that is above 16 feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the
viewing area of another parcel. Views of Catalina Island and the ocean are
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observed by the adjacent properties in a westerly direction. Views as observed
from properties to the north and south of the project site will not be significantly
impaired, as the area of the residence that is above 16 feet in height impairs a
view of the sky, which is not a protected view. Furthermore, the project will be
located on either the far right or left periphery of the view frames from the
neighboring northerly and southerly properties, whereby views of Catalina Island
and the ocean are maintained. The properties to the west of the project site
along Via Borica are located below the project site with views oriented in the
opposite direction of the project site.
E. There is no significant cumulative view impairment caused by granting the
application. Similar construction to that of the project site was considered on the
adjacent properties located at 30207 and 30217 Calle De Suenos as well 7247
Crest Road. The analysis determined that the two properties located to the north
of the project site at 30207 and 30217 Calle De Suenos are already improved
with two-story structures, which do not introduce a new view impact. In addition,
the construction of a two-story residence on the residence to the east of the
project site at 7247 Crest Road would only impair views of the sky, which is not
a protected view.
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-3 zoning district.
G. The proposed structure is compatible with the immediate neighborhood
character in terms of the scale of surrounding residences, architectural style,
and setbacks. The design of the proposed residence utilizes details which assist
in reducing the overall mass and scale of the structure. The residence provides
extended roof eaves, enhanced upper and lower-level setbacks (north
elevation), and enhanced façade and roof articulation with a recessed entry
porch feature consistent with the existing streetscape. In addition, the proposed
residence will be approximately one foot lower in height than the existing
residence, which assists in reducing the overall bulk and mass of the residence.
The project will have a lot coverage of 23.8%, lower than the maximum lot _
coverage-allowable in the RS-3 zoning district of 45%. The residence
incorporates design elements that are consistent with neighboring properties,
which a low-pitched gable roof and stucco/plaster exterior finish. In addition, the
front façade of the residence will be accented with wood/stone accents, both of
which are common architectural elements found in the immediate neighborhood.
The new upper level along the front elevation is designed to sit flush over the
lower-level garage, also a common architectural feature amongst the dosest 20
homes in the area. The project will also setbacks that are consistent with others
in the immediate area including front yard and side yard setbacks. The project
will have an enhanced rear yard setback of 237 feet 3 inches whereby the
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proposed residence minimally projects beyond the rear façade of neighboring
property.
H. The proposed new structure that is above 16 feet in height does not result in an
unreasonable infringement of privacy of the occupants of abutting residences.
The location of the second floor and windows will not create a privacy impact to
the property at 7299 Crest Road as the improvements maintain an
approximately 80 to 85-foot setback to the pool area of this property, which is
located at the bottom of a 12-foot transitional slope. Furthermore, due to the
flag-lot design of the property at 7299 Crest Road, the pool area is located
within the front yard of the property and the rear yard is located behind the
residence along a descending slope, which is approximately 130 feet from the
proposed improvements. The project site is currently improved with a two-story
residence that is designed with windows along the rear of the elevation, which
provide views of the rear yard of neighboring properties. The siting of the new
second floor and the new upper-level windows along the rear elevation of the
proposed residence will afford views of areas currently visible from the existing
two-story residence, which consist of rear yard areas and covered roofs.
Section 4: The Major Grading Permit to conduct 420 yd3 of grading consisting of
284 yd3 of cut and 136 yd3 of fill along with 148 yd3 of export is granted based on the
following findings:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The proposed project is in a RS-3 Zoning District, in which the primary
use of the lot is residential. The proposed grading is to accommodate the
construction of a two-story residential structure and other ancillary improvements.
The project proposes grading (cut) throughout the building pad area in order to
convert the slab construction of the existing residence to a new raised wood-floor
joist system and crawl space for the proposed residence.Additional cut is proposed
along the rear yard patio area to match the new lower building pad level. The
additional grading (fill) is proposed within the front yard to accommodate the
construction a new driveway and to remove the existing pool located in the rear
yard. The proposed grading will provide for enhanced vehicle accessibility to the
garage and vehicle queuing areas and the grading at the rear of the property is to
support rear yard improvements.
B. The 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 proposed grading is to accommodate the construction of a two-story
residential structure and other ancillary improvements, including rear yard deck an d
patio area as well as a new driveway. The project proposes grading (cut)
throughout the building pad area in order to convert the slab construction of the
existing residence to a new raised wood-floor joist system and crawl space for the
proposed residence. In addition, additional cut at the rear of the residence is
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proposed to lower the pad to match the new under the residence. Also, as noted
under the Height Variation discussion, views are in the westerly direction and the
proposed project will not significantly impair views from neighboring properties to
the north,south,east and west of the project site.
C. The proposed grading is generally limited to developed portions of the site and
maintains a majority of the natural contours on the project site. The Applicant is
proposing cut in the area of the existing building pad area and fill in the area of the
driveway and existing pool. The project also proposes the construction of a set of
retaining walls ranging in height from up to 5.8 feet at the rear of the property to
accommodate the construction of a new pool and spa. The existing contours
beyond will be preserved and finished contours are proposed to appear reasonably
natural.
D. The project site has been previously graded in order to accommodate the existing
residence and garage, as well as other on-site improvements. The proposed
grading is generally limited to developed portions of the site. Moreover, the
proposed grading generally follows the existing slope of the property and results in
finished slopes that appear reasonably natural. Additionally, although some land-
sculpturing
and-
sculpturing is proposed to occur, it is designed so as to blend the manufactured
slopes into the natural topography. Furthermore, prior to the certificate of
occupancy, a landscape plan for property will be reviewed and the plants installed
to the satisfaction of the Director of Community Development, which will aid in
stabilizing the graded slope and will also contribute towards blending the
manufactured slope into the natural topography.
E. The grading and/or related construction is compatible with the immediate
neighborhood character as articulated in Section 3, above.
F. The grading conforms with the grading criteria related to maximum depth of fill
which involves a 7-foot high fill to remove the existing pool. In addition, the project
grading conforms with the allowable retaining wall heights, as the project proposes
a tiered retaining wall in height from 5.8 feet in support of the new pool construction.
Lastly, the project_grading_complies with the maximum slope driveway steepness in
that the project proposes a new driveway with a steepness of 4.10%.
Section 5: The Site Plan Review is approved as it includes proposed ancillary
improvements that 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
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Thursday, July 29, 2021. A $3,100.00 appeal fee must accompany any appeal letter. The
City Council's decision is final if no appeal is filed timely: the Planning Commission's
decision will be final at 5:30 p.m. on Thursday, July 29, 2021.
Section 7: Any challenge to the City Council's decision and the findings set forth
therein, 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-
, approving a Height Variation Permit, Major Grading Permit, and Site Plan Review to
construct a new 4,900 ft2 (garage included) two-story residence, ancillary site
improvements, and associated grading.
PASSED,APPROVED AND ADOPTED this 13th day of July 2021 by the following:
vote:
AYES: COMMISSIONERS CHURA, JAMES, LEON, SANTAROSA, VICE-CHAIR HAMILL
AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMMISSIONER SAADATNEJADI
. /1".4 .4
Stephen Perestam
Chair of the Planning Commission
/ /4/4/744*
Ken Ru kavin a,P.E.
Director of Community Development
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2020-0004
(HEIGHT VARIATION PERMIT,MAJOR GRADING PERMIT
AND SITE PLAN REVIEW)
7255 CREST ROAD
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 ren der th is 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(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 final body that approved the original project, which may require new
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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 inthese 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. Tha 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 oth er h ou seh old 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
P.C. Resolution No. 2021-13
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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. 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.
All exterior lighting shall be so arranged and shielded as to prevent direct
illumination of abutting properties and of vehides 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 or on the building shall be covered with diffusing
lenses and shielded.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques,eitherth rough screening and/or watering.
18. 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.
19. 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:
20. This approval shall allow forthe following improvements:
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A. Demolish an the existing 3,422 ft2 two-story residence with a 654 ft2 garage
to accommodate the construction of a new 4,900 ft2 (garage in du ded) two-
story residence;
B. Construct ancillary site improvements including a new driveway, mechanical
equipment, outdoor kitchen and patio in the rear yard along with a new pool
and spa;
C. Conduct 420 yd3 of grading consisting of 284 yd3 of cut and 136 yd3 of fill
along with 146 yd3 of export;
D. Construct retaining walls up to 5.8 feet in height in support of the proposed
ancillary improvements.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
21. The height of the proposed residence will measure 22.25 feet, as measured from
the highest elevation of the existing grade covered by the structure
(elev. 101.50 feet) to the highest proposed roof ridgelin a (elev. 123.75 feet) and
22.95 feet, as measured from the lowest finished grade adjacent to the structure
(elev. 100.80 feet) to the highest proposed roof ridgeline (elev. 123.75 feet).
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.
22. The approved residence shall maintain a 20-foot — 1-inch front, 7-foot — 6-inch
south side, 7-foot — 4 %-inch north side and 237-foot — 3-inch rear yard setbacks.
SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO POURING FOUNDATIONS.
23. Unless modified by the approval of future planning applications, the approved
project within the RS-3 zoning district shall maintain a maximum of 23.8% lot
coverage.
24. The project site shall maintain a minimum of two enclosed parking spaces at all
times. An enclosed-parking space shall have an-unobstructed ground-space of no
less than 9 feet in width and 20 feet in depti, with a minimum 7-foot vertical
clearance. An un en dosed parking space shall have an unobstructed ground space
of no less than 9 feet in width by 20 feet in depth.
25. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
26. The property owner shall take no action that would interfere with, impede the flow of,
or reduce the effectiveness in any manner of the private drain located on the
subject property.
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27. All mechanical equipment shall be designed to comply with RPVMC §17.48.030
and related noise regulations.
PRIOR TO BUILDING PERMIT ISSUANCE
28. PRIOR TO ISSUANCE OF BUILDING PERMITS all applicable soils/geotechnical
reports, if required by the Building and Safety Division, shall be approved by the
City's Geologist.
29. A drainage plan and driveway improvement plan shall be reviewed and approved
by the Public Works Department.
PRIOR TO CERTIFICATE OF OCCUPANCY
30. 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 Chapter 15.34, 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, licensed landscape contractor or the
certified irrigation designer that signed any of the documents submitted as part of
the landscape documentation package.
31. 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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