PC RES 2005-019 P.C. RESOLUTION NO. 2005-19
RESOLUTION F THE PLANNING I I F THE CITY OF
RANCHO PALOS VERDEVERDES APPROVINGCASE NO. ZON2004-00451,
VARIANCE, H I T VARIATION PERMIT,AND GRADINGPERMIT
150 CUBIC YARDS OF GRADING TO ACCOMMODATE THE
CONSTRUCTION A NEW TWO-STORY SPLIT-LEVEL SINGLE-
FAMILY
ILY I ENC EASIJ IN 4,443 SQUARE FEET, PARTIALLY
CONSTRUCTED OVER AN EXTREMEP N A VACANT LOT
LOCATED T 48 ROCKINGHORSE ROAD (LOT 2, PARCEL MAP NO.
2 547)
WHEREAS, on May 23, 1989, Parcel Map No. 20547 and Variance No. 232 were
approved by the Planning Commission, a subdivision of one lot into two lots, and allowing
reductions in the lot width for each of the resultant lots; and,
WHEREAS, on May 23, 1989, Grading Permit No. 1234 was also approved for
grading on the slope in order to provide access or to accommodate a structure designed
with access directly from Rockinghorse Road,where the conceptual design of the structure
included a split-level, three-story residence with a 10-foot front yard setback,
accommodated by 630 cubic yards of grading, and,
WHEREAS, since Grading Permit No. 1234 was allowed to expire, on August 18,
2004, the applicant, Bob Vanderhoof, representing property owners Rick and Renata
Holguin, submitted Variance, Height Variation and Grading Permit applications(hereinafter
referred to as ZON2004-00451) requesting approval for the construction of a new single-
family residence over an extreme slope on a vacant parcel on Lot 2 of Parcel Map No.
20547; and,
WHEREAS, on September 13, 2004, the application was deemed incomplete
pending the submittal of additional information and construction of the temporary silhouette;
and,
WHEREAS, upon submittal of the requested additional information, including
geotechnical approval, SUSMP approval and certification of the temporary silhouette, Staff
deemed the project generally complete for processing on March 4, 2005; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f)(Hazardous Waste and Substances
Statement), Staff found no evidence that ZON2004-00451 would have a significant effect
on the environment and,therefore,the proposed project has been found to be categorically
exempt under Class 3 (Section 15303)since the project involves the construction of a new
residence on a legally subdivided lot; and,
WHEREAS, on April 12, 2005, the Planning Commission continued Case No.
ZON2004-00451 to the April 26, 2005 Planning Commission meeting; and,
WHEREAS, on April 26, 2005, after notice issued pursuant to the requirements of
the Rancho Palos Verdes Development Code, 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 subject property contains exceptional circumstances and
conditions that do not apply to other properties. The buildable area is approximately 4,800
square feet, which is due to the "Restricted Use" area, the roadway easement, and the
extreme slope areas. Other properties in the area appear to contain larger buildable areas
and contain building footprints similar to the proposed project. Further, the configuration of
the subject property is such that there is an existing 50-percent transitional downslope
between the roadway and the buildable area, and similar transitional downslopes between
the sides and the buildable area, thereby creating a bowl-type configuration where the
buildable area is a sunken portion of the lot that is at least 20-feet below the roadway and
approximately 55-feet from the roadway.
Section 2: The variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, which is a right that other property owners
maintain. Unlike other parcels in the same zoning district, many parcels contain a pad area
or other area on the lot that can accommodate development without encroaching into
extreme slope areas of the site. Thus, Due to the physical constraints of the subject
property, the only feasible configuration for a structure is to encroach onto the extreme
slopes of the property
Section 3: The variance will not be materially detrimental to the Rockinghorse
Road neighborhood. The new residence will be 9-feet higher than the roadway and will not
be apparent, bulky or massive when viewed from along the Rockinghorse Road right-of-
way, which is due to the topographical conditions of the subject property. Further, the
proposed location of the structure, at 21-feet from the front property line and at least 31-feet
from the roadway, mitigates dominance of the structure from the roadway. Lastly, the
City's Geologist reviewed and approved the geotechnical reports that support development
of the subject property
Section 4. The variance will not be contrary to the City's General Plan. The
development of new single-family residence is consistent with this underlying land use
designation and is consistent with General Plan Housing Policy No. 3 to "[encourage] and
assist in the maintenance and improvement of all existing residential neighborhoods so as
to maintain optimum local standards of housing quality and design."
P.C. Resolution No. 2005-19
Page 2
Section 5: The applicant has complied with the Early Neighborhood Consultation
process established by the City by obtaining acknowledgement signatures from 72.72%of
the property owners within 100-feet of the subject property and 51%of the property owners
within 500-feet of the subject property, who have reviewed the plans prior to filing the
application with the City.
Section 6® The proposed two-story addition does not significantly impair a view
from public property which has been identified in the City's General Plan or Coastal Specific
Plan as a City-designated viewing area because there are no such areas that overlook the
subject property.
Section 7: The property is not located on a ridge or promontory as there are other
adjacent parcels with varying pad elevations that were terraced when initially constructed.
Section 8: The proposed residence that is above sixteen feet in height, when
considered exclusive of foliage, does not significantly impair a view from the viewing area of
another parcel. Due to the topography and development in the area, the viewing area of
the residence across the street, at 45 Rockinghorse Road, is sufficiently higher in elevation
where the new residence will be at the bottom of the view frame and will not encroach into
the view of the harbor, Vincent Thomas Bridge, Ocean or San Pedro.
Section9: There is no view impairment since the new residence will encroach into
the bottom portion of the view frame from the viewing area at 45 Rockinghorse, which will
not impair any view features, since the view of Western Avenue and The Terraces
Shopping Center are not protected view components.
Section % There is no significant cumulative view impairment caused by granting
the application. The structure to the north side is a one-story residence; however, the
residence is at a significantly higher elevation than the subject property so that there is no
view over the structure, and a proposed second story above would only impair the view of
the sky, which is not a view component. The structure to the south side (46 Rockinghorse
Road) is a one-story residence that is slightly higher in elevation than the subject; however
the topography beyond does not allow for a view of the ocean or harbor area. Thus, a
second story addition would not impair a view from the viewing area at 45 Rockinghorse
Road.
Section1l: The proposed structure complies with all other Code requirements in
that the development standards of the RS-2 Zoning District are met with regards to
setbacks and lot coverage. Further, the Variance request for construction onto an extreme
slope can be justified.
Section 12® The new residence will be compatible with the immediate
neighborhood. the resulting structure size will not be out of character with the immediate
neighborhood; the residence will appear as a one-story structure when viewed from along
Rockinghorse Road since the two-story element is at the rear and is lower than the street;
P.C. Resolution No. 2005-19
Page 3
with regards to bulk and mass, the residence is sufficiently setback from Rockinghorse
Road and is lower in elevation due to the downsloping topography of the property, which
results in a structure that will not be apparent from or dominate the roadway;the project will
not introduce new elements to the immediate neighborhood, nor deviate from an
established style; and the residence will not deviate from the typical neighborhood
setbacks.
Section 13: The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to the development pattern on
the adjacent properties and the topography of the area.
Section 14: The proposed grading is considered necessary and not excessive for
the permitted primary use of the lot since the grading will be limited to accommodating the
residence and access for the structure.
Section 15: The majority of the proposed earth movement is to accommodate the
residence and driveway access, with the remainder of the property remaining in its natural
condition and topography. Thus, the grading will not be apparent and minimizes the
disturbance to the natural contours of the site by concentrating the grading to the residence
and driveway.
Section 16: The grading will preserve the natural topographic features by
concentrating the grading to the residence and driveway.
Section 17: The grading application is consistent with Section 17.76.040.A, the
purpose and intent to allow for grading activity since the grading is for the construction of a
new residence and driveway access, and the grading will be concentrated to these two
features. The grading will not cut into the slopes to create additional flat yard areas, and
will not terrace the site or bench the transitional slopes.
Section 18: The grading application will not constitute a granting of special privilege
inconsistent with the limitations upon other properties in the vicinity. because the subject
property contains topographical constraints that requires grading and construction onto the
extreme slopes of the property. These topographical constraints are not evident in other
lots in the immediate neighborhood, since those lots contain existing residences built upon
flat buildable areas.
Section 19: The proposed grading activity will not be detrimental to the public
safety or to the surrounding properties since the new residence will be reviewed, inspected
and approved by the Building and Safety Division. The project would be required to comply
with all safety standards of the Uniform Building Code, and with the recommendations
contained in the approved geotechnical report.
Section 20: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
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Commission of the City of Rancho Palos Verdes hereby approves Case No. ZON2004-
00451 for a Variance, Height Variation, and Grading Permit, for the construction of a new
single-family residence, subject to the conditions contained in Exhibit "A" attached hereto
and made a part hereof, which are necessary to protect the public health, safety, and
welfare.
Section 21: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than May 11, 2005.
PASSED, APPROVED, AND ADOPTED this 26th day of April 2005, by the following vote:
AYES: Gerstner, Golida, Knight, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Karp, Mueller, Perestam
Oki "fetreault
Planning Commission Chairman
JOE OIR 'as, AIC
7 t
Dir t of Planivi g, Building and
Code Enforcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2005-19
Page_5
Exhibit "A"
Conditions of Approval
Case No. N00 0451
(Variance, Height Variation & Grading Permit)
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 approval. 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 approval shall become null and void after one year from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the"plan
check" review process.
3. Approval is for 150 cubic yards of grading to accommodate a new split-level, single-
family residence measuring 4,443 square feet in area. Specifically, the upper level will
be the main floor of the residence and will measure a total of 2,461 square feet, while
the lower level will measure 1,982 square feet.
4. The following minimum setbacks shall be maintained:
Front yard: 20'-0" minimum (proposed: 21'-0")
Side yard: 6-0" minimum
Rear yard: 16-0" minimum
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, FRONT
YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND
SURVEYOR OR ENGINEER PRIOR TO THE POURING OF FOOTINGS FOR THE
FIRST FLOOR.
5. The height of the new residence is limited to 18.61-feet as measured from the average
elevation of the front setback line (89.47') to the highest ridgeline of the structure over
the garage (108.08'). Further, the maximum overall height of the new residence is
limited to 30-feet as measured from the highest ridgeline of the structure over the
garage (108.08')to the lowest finish grade covered by structure (78.08') located along
the rear of the structure. SUBJECT TO REVIEW AND APPROVAL BY THE
BUILDING OFFICIAL, A RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A
LICENSED LAND SURVEYOR OR ENGINEER PRIOR TO INSTALLATION OF ROOF
MATERIALS.
6. The Variance allows portions of the new residence to be constructed over extreme
slopes on the subject property.
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7. The Grading Permit allows a total of 150 cubic yards of grading to accommodate the
new residence. Specifically, 76 cubic yards of cut and 74 cubic yards of fill.
8. Any new freestanding walls, fences, pilasters, and retaining walls adjacent to the
walkway, shall be limited to a maximum overall height of 42-inches.
9. The retaining walls adjacent to the driveway shall be limited to a maximum overall
height of 5-feet.
10.Except for the existing wall to remain, this approval does not permit any new structures
within the road easement.
11.A minimum two-car garage shall be maintained, with each space being individually
accessed and each maintaining a minimum unobstructed dimension of 9-feet-wide by
20-feet-deep by 7-feet-vertical clearance.
12.Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval.
13.Due to the subject property's location in the RS-2 zoning district, a,maximum of forty
percent (40%) lot coverage shall be allowed on the lot (proposed: 36.37%).
14.In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
15.The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays.
16.The construction site and all adjacent private and public property 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 is not 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.
17.The maximum eave projection allowed into the required setback areas shall not exceed
6-inches for each 1-foot of required setback.
18.The construction site shall be temporarily enclosed with a six(6'-0")foot high chain-link
fence during the length of construction of the residential structure.
19.The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
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20.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,
21.All other conditions of approval contained within P.C. Resolution No. 89-29 shall remain
in full force and effect.
P.C. Resolution No. 2005-19
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