CC RES 2008-056 RESOLUTION NO. 2008-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES APPROVING AN APPEAL BY OVERTURNING THE
PLANNING COMMISSION'S DECISION AND APPROVING A HEIGHT
VARIATION, GRADING PERMIT AND SITE PLAN REVIEW AND
CONDITIONALLY APPROVE AN EXTREME SLOPE PERMIT FOR THE
PROPERTY LOCATED AT 5329 BAYRIDGE ROAD (ZON2007-00179).
WHEREAS, on April 26, 2007, the applicant submitted a Height Variation, Site Plan
Review and Extreme Slope Permit application, requesting to demolish the existing 1,793ft2
single-story residence, construct a new 3,918ft2 two-story residence with a 688ft2 attached
garage, and a new 270ft2 cantilevered deck over an extreme slope in the rear yard; and,
WHEREAS, on August 22, 2007, staff deemed the Height Variation, Site Plan Review
and Extreme Slope Permit applications complete; and,
WHEREAS, after notice issued on August 22, 2007 pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on September 25, 2007, at which time all interested parties were given an opportunity to
be heard and present evidence; and,
WHEREAS, on September 25, 2007, the Planning Commission continued the proposed
project to the November 13, 2007 meeting, in order to allow the applicant additional time to
modify the proposal to address concerns expressed by the Planning Commission; and,
WHEREAS, on November 13, 2007, the Planning Commission continued the proposed
project to the January 8, 2008 meeting, in order to allow the applicant additional time to modify
the proposal to address concerns expressed by the Planning Commission; and,
WHEREAS, on January 8, 2008, the Planning Commission determined that the
proposed project causes significant view impairment and is not compatible with the immediate
neighborhood in regards to size, bulk and mass. The Planning Commission adopted P.C.
Resolution No. 2008-01, denying, without prejudice the Height Variation, Grading Permit and
Site Plan Review applications and approving the Extreme Slope Permit; and,
WHEREAS, on January 22, 2008, the property owners of the subject property (5929
Bayridge Road) submitted a timely appeal requesting the City Council to overturn the Planning
Commission's decision and approve the proposed project without the inclusion of opaque
panels to the sides of the rear balcony; and,
WHEREAS, a public notice was published in the Palos Verdes Peninsula News on
January 30, 2008, pursuant to the requirements of the Rancho Palos Verdes Development
Code; and,
WHEREAS, on March 18, 2008, the City Council continued the proposed project to April
15, 2008 at the request of the applicant; and,
WHEREAS, on April 15, 2008, the City Council meeting was cancelled and moved to
April 29, 2008 due to a lack of quorum; and,
WHEREAS, on April 29, 2008, the City Council continued the proposed project to June
3, 2008 at the request of the applicant.
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 City Council found no evidence that the Height Variation, Site Plan Review and
Extreme Slope Permit will have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt under Class 3 (Section 15303);
and,
WHEREAS, on June 3, 2008, the City Council held a duly noticed public hearing, at
which time all interested parties were given an opportunity to be heard and present evidence.
The City Council approved an appeal by denying the Planning Commission's decision and
approved the proposed project and directed staff to return with a revised resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND,DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed project includes the demolition of an existing single-
story residence and 230yd3 of grading to accommodate the construction of a new 3,671ft2 two-
story residence with a 653ft2 garage. The proposed new residence includes a 2,314ft2 first floor,
1,357ft2 second floor and a 653ft2 two-car direct access garage. A cantilevered deck over a
descending slope in the rear yard is also proposed.
Section 2: That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city. The applicant collected a
total of 21 (33%) landowner signatures within the 500' radius, of which 7 (78%) are within the
100' radius. Additionally, the applicant sent a letter along with the plans to the Lower Grandview
Home Owner's Association.
Section 3: That the Height Variation is warranted since the proposed addition to an
existing structure that is above 16' in height does not significantly impair a view from public
property has been identified in the city's general plan or coastal specific plan, as city-designated
viewing areas. The Valmonte Canyon Trail is located approximately 420' east and the Birchfield
Trail is located approximately 500' south of the subject property. The Valmonte Canyon trail
follows the rim of Valmonte Canyon, which is located behind residential structures on Birchfield
Avenue, while the Birchfield Trail starts in the middle of Birchfield Avenue and follows the
Valmonte Canyon down in an easterly direction onto Silver Spur Road, south of Lutheran
Church. All views from the trails are blocked by existing residential structures located mainly on
Birchfield Avenue.
Section 4: That the Height Variation is warranted since the proposed new structure
is not located on a ridge or a promontory. The subject property is located within a fully
developed single-family residential tract.
Section 5: That the Height Variation is warranted since the area of a proposed
addition to an existing structure that is above 16' in height, when considered exclusive of
existing foliage, does not significantly impair a view from the viewing area of another parcel.
The property located at 5338 Bayridge Road has a small view of San Gabriel Mountains from
Resolution No. 2008-56
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their kitchen. Given the entirety of the view which includes city lights under the 16' height in
combination with the San Gabriel Mountain view located between the proposed residence and
the neighboring home, the small view impaired by the proposed project is not significant.
Section 6: That the Height Variation is warranted since the proposed new structure
above 16' in height is designed and situated in such a manner as to reasonably minimize the
impairment of a view. The applicants have lowered the ridgeline, lowered the building pad level
and reduced the second floor area to minimize any impairment of views.
Section 7: That the Height Variation is warranted since there is no cumulative
significant view impairment caused by granting the application. The view that would be blocked
by the neighboring homes with similar new structures would only be of the sky, which is not a
protected view as defined by the development code.
Section 8: That the Height Variation is warranted since the proposed new structure
will be compatible with the immediate neighborhood character. The proposed new residence
incorporates building materials found in other neighboring homes, numerous architectural
details and includes variations in setbacks, which will cause the home to appear less
overwhelming as seen from the abutting properties and the public right-of-way.
Section 9: That the Height Variation is warranted since the proposed new structure
above 16' in height does not result in an unreasonable infringement of the privacy of the
occupants of abutting residences. The incorporation of opaque glass window in the proposed
master bathroom facing east with the proposed opaque glass panels on both sides of the
balcony to the rear, privacy impacts have been adequately mitigated.
Section 10: That the Grading Permit is warranted since the grading does not exceed
that which is necessary for the permitted primary use of the lot. The proposed grading is to
accommodate the basement level of a new residence which is the allowed primary use of the
parcel; and therefore, do not exceed what is necessary for the permitted use of the lot.
Section 11: That the Grading Permit is warranted since 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. Grading to lower the building pad has
lessened the view impairment caused by the project by lowering the height of the proposed
structure.
Section 12: That the Grading Permit is warranted since the nature of the grading
minimizes disturbance to the natural contours and finished contours are reasonably natural.
The area proposed for grading is currently flat and the existing descending slope to the rear of
the property will remain untouched.
Section 13: That the Grading Permit is warranted since 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
proposed grading area is currently flat and the existing slope to the rear of the property will not
be altered.
Section 14: That the Grading Permit is warranted since the grading would not cause
excessive and unnecessary disturbance of the natural landscape or wildlife habitat through
removal of vegetation. The proposed grading area is currently improved with a residence and
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does not contain any natural landscape or wildlife.
Section 15: That the Grading Permit is warranted since there is no grading proposed
on slopes equal to or exceeding 35%, no finished slopes greater than 35% is proposed, no cut
or fill exceeds a depth of 5' at any point except for the excavation of a basement, no fill or cut is
proposed on a slope exceeding 50% gradient and no retaining walls exceeding 5' in height is
proposed.
Section 16: That the Extreme Slope Permit is warranted since the site cannot
reasonably accommodate the structure except on an extreme slope. Specifically, there is not
enough existing flat rear yard area to accommodate a deck since nearly a quarter of the lot is an
extreme slope. Additionally, the existing structure and the driveway take up most of the building
pad area, leaving a narrow strip of recreational area along the rear of the home. Further, this
narrow strip between the rear façade of the existing home and the top of the slope is so narrow
that it serves more as a pathway rather than a rear yard for recreational purposes. Additionally,
it should be noted that cantilevered decks are not uncommon in the immediate neighborhood,
as four other comparable properties located on the same side of the street as the subject
property currently have existing cantilevered decks over their rear slope.
Section 17: That the Extreme Slope Permit is warranted since the permit will result in
no significant adverse effect on neighboring properties. The residential properties accessed
from Rolling Ridge Road, located immediately north of the subject property are 40' lower in
elevation and would be a minimum 90' away from the proposed deck. As such, although the
proposed deck would be visible from neighboring properties, it will not create an adverse visual
impact from any of the properties located on Rolling Ridge Road given the distance from
neighboring properties. In regards to any potential for slope instability, increased runoff, and/or
other adverse impacts resulting from the construction of the proposed deck, the proposed deck
will be subject to the City Geologist and Building and Safety Department's review and approval
and thereby will ensure there will be no significant adverse impacts.
Section 18: That the Extreme Slope Permit is warranted since the structure will not
result in an unreasonable infringement of the privacy of the occupants of abutting residences.
Although the proposed deck would be extended 6' further out over the slope than the rear yards
of the abutting neighbors, there is a wall along the side property lines that would block portions
of the abutting neighbors' rear yards from being readily visible.
Section 19: That the Extreme Slope Permit is warranted since any disturbance of the
slope will be insignificant. The project does not involve a significant amount of grading that will
disturb the natural slope. With exception to the minimal amount of grading involved with the
footings, no other excavation or fill is proposed.
Section 20: That the Extreme Slope Permit is warranted since the permit is consistent
with the general plan, coastal specific plan or any other applicable plan. The subject property is
in a RS-5 zoning district in which the General Plan allows for the development of residential
neighborhoods, including the types of accessory structures that are incidental to the use of the
main single-family structure, such as decks. In addition, the subject property is not located
within the City's coastal zone, nor is it subject to any overlay control district standards or other
plans.
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Section 21: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought, if governed by Section 1094.6 of the California Code of
Civil Procedure and other applicable short periods of limitation.
Section 22: For the foregoing reasons and based on the information and findings
contained in the public record, including the Staff Reports, minutes, records of proceedings, and
evidence presented at the public hearing, the City Council of the City of Rancho Palos Verdes
hereby approves the appeal by overturning the Planning Commission's decision and approves
the Height Variation, Grading Permit, Site Plan Review and Extreme Slope Permit application,
subject to the conditions set forth in the attached `Exhibit A' (Case No. ZON2007-00179).
PASSED, APPROVED AND ADOPTED this 17th day of June 20r 8.
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Mayor
Attest:
6?", As l,, ja t ea A____
CI)
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2008-56 was duly and regularly passed and adopted by the said City Council at
a regular meeting held on June 17, 2008.
, &&__Ch7e4A,a—e,(__,
City Clerk
Resolution No. 2008-56
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Exhibit"A"
Conditions of Approval
Case No. ZON2007-00179 (Extreme Slope Permit)
5329 Bayridge Road
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Resolution. Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within the
public rights-of-way.
3. 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.
4. The Director of Planning, Building and Code Enforcement 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. Otherwise, any substantive change to the project
shall require approval of a revision by the final body that approved the original project,
which may require new and separate environmental review.
5. 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.
6. Failure to comply with and adhere to all of these conditions of approval may cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code.
7. 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 Department of Planning, Building and
Code Enforcement and approved by the Director.
8. 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.
9. 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.
10. 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.
11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through 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.
Trucks shall not park, queue and/or idle at the project site or in the adjoining public
rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the
permitted hours of construction stated in this condition.
12. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 52% lot coverage (38.75% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet
Side 5 feet
Rear 15 feet
13. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
14. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by the
City's Building Official. Said portable bathrooms shall be subject to the approval of the
City's Building Official and shall be placed in a location that will minimize disturbance to
the surrounding property owners.
Project Specific Conditions:
15. This approval allows the demolition of an existing single-story residence and 230yd3 of
grading with a maximum 2.97' depth of cut to accommodate the construction of a new
3,671ft2 two-story residence with a 653ft2 garage. The proposed new residence includes
a 2,314ft2 first floor, 1,357ft2 second floor and a 653ft2 two-car direct access garage. A
cantilevered deck over a descending slope in the rear yard is also proposed.
The deck may extend out a maximum distance of 6 feet from the existing top of the
slope. The height of the proposed project shall not exceed 12', as measured from the
point where the lowest foundation or slab of the vertical support meets finished grade to
the top of the guardrail, as shown on the stamped plans, approved by the Planning
Department.
16. Prior to Building Permit issuance and/or commencement of grading, whichever occurs
first, the applicant shall obtain approval of the curb cut from the Director of Public Works.
Resolution No. 2008-56
Exhibit A
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17. The maximum overall height shall not exceed 22.12', as measured from the point where
the lowest foundation or slab meets the finished grade, to the existing ridgeline of the
structure; and 20.25', as measured from the highest existing grade from the ridgeline.
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER
OR SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL
BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL
PRIOR TO ROOF FRAMING/SHEETING INSPECTION.
18. SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR
SURVEYOR SHALL PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE
SUBMITTED TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL
PRIOR TO THE POURING OF FOUNDATIONS.
19. Roof eaves may project into required setbacks not more than 6 inches per foot of the
required setback.
20. Driveways, paved walkways and parking areas shall not cover more than 50% of the
required front yard setback.
21. The fountain in the front yard and the BBQ in the rear yard shall maintain the standard
required setbacks (20' front, 5' side and 15' rear). The height of all accessory structures
(fountain and BBQ) shall not exceed 12' in height, as measured from the lowest
preconstruction grade adjacent to the foundation wall to the highest point of the
structure.
22. The proposed planter adjacent to the east wall shall be limited to 6' in overall height.
23. A minimum of two enclosed garage spaces shall be maintained. The garage shall have
an unobstructed ground space of no less than 18' in width by 20' in depth, with a
minimum of 7' of vertical clearance over the space.
Resolution No. 2008-56
Exhibit A
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