PC RES 2006-001 P.C. RESOLUTION NO. 2006-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHOL VERDEVERDES APPROVING CASE NO. Z 2 -000679
HEIGHT VARIATION PERMIT AND GRADINGPERMIT FOR THE
DEMOLITION XI TING ONE-STORY RESIDENCE
CONSTRUCTION OF A NEW4,890 SQUARE FOOT TWO-STORY PLIT-
L V L RESIDENCE, AND CONDUCT 996 CUBIC YARDS S F GRADING
ON A PAD LOT LOCATED AT 6409 VIACANADA.
WHEREAS, on February 11, 2005, Raul Podesta, representing property owners
Louis Roupoli, submitted a Height Variation application and Grading Permit application
(hereinafter referred to as ZON2005-00067), requesting approval for the construction of a
new 4,890 square foot two-story split-level residence with an overall height of 26-feet, and
996 cubic yards of grading, for property located at 6409 Via Canada; and,
WHEREAS, on March 7, 2005, Case No.ZON2005-00067 was deemed incomplete
pending the submittal of additional information; and,
WHEREAS, on September 16, 2005, upon submittal of additional information,
including the silhouette certification form, the project was deemed generally complete for
processing; 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 ZON2005-00067 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 one
new single-family residential structure; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
October 25, 2005, at which time the Planning Commission directed the applicant to
redesign the project to address view impairment, and bulk and mass along the front fagade
of the proposed residence, and continued the item to the December 13, 2005 meeting; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
December 13, 2005, at which time all interested parties were given an opportunity to be
heard and present evidence;
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CIT`(OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
action 1 A The applicant obtained acknowledgement signatures from 81.8%of the
property owners within 100-feet of the subject property and 82.5% 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 2® The proposed two-story split-level residence does not significantly
impair a view from public property which has been identified in the City's General Flan or
Coastal Specific Plan as a City-designated viewing area because there are no such areas
that overlook the subject property.
Section 3: 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 4: The proposed two-story 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 since the proposal includes a residence that will not exceed the
Development Code's 16-foot height limit, and no portion of the proposed residence will be
constructed above 16-feet in height. Further, the easternmost 9-feet of the proposed
structure that exceeds the 20-foot overall height limit (i.e., the building envelope)does not
significantly impair a view since only the hip-pitched roof over this 9-foot portion of the
proposed structure will encroach into a portion of the City view. Additional City view is
maintained, and the other features within the view frame are not impaired,which includes a
view of Long Beach, the harbors and Vincent Thomas Bridge in an easterly direction; and
additional views of the harbor and Pacific Ocean in a southeasterly direction.
Section 5® The structure has been designed and situated to reasonably minimize
view impairment by incorporating a hip-pitched roof design rather than a gable roof, which
maintains City view by providing a sloped roof plane at the location of the City view.
Section : There is no significant cumulative view impairment caused by granting
the application since there is no view above the 16-foot height limit from the viewing area of
another parcel. Further, construction on other parcels of similar structures with the
proposed design that are no taller than 16-feet in height would not create view impairment
since the structures east of the subject property terrace down with the street, and similar
projects on those lots would not encroach up into the view.
Section 7® The proposed structure complies with all other Code requirements in
that all the development standards of the RS-2 Zoning District are met and the minimum
setback requirements are exceeded.
Section e The addition and resulting appearance will not significantly change the
appearance of the immediate neighborhood and the residence will be compatible with the
immediate neighborhood. The architectural style, roofing material, exterior finishes,
number of stories and building materials will be consistent with other homes in the
neighborhood. The roof covering over the entry to the residence will be modified to include
one vertical column, a lower roof cover, and eliminate the fascia and provide roof eaves
with exposed rafters that are similar in design to the hip elements on either side of the
proposed residence. Furthermore, although the resulting structure size will be the largest in
P.C. Resolution No. 2006-01
Page 2
the immediate neighborhood, it is not a significant deviation from the structure sizes of the
immediate neighborhood, and 1,838 square feet of the residence will not be evident since
the area will be in the lower level of the new residence, which is due to the proposed split-
level design. Furthermore, due to the proposed split-level design, the structure will
continue to look like a one-story residence when viewed from the street.
Section a The proposed structure does not create an unreasonable infringement
on the privacy of the occupants of abutting residences due to the development patterns and
topography of the area and on the abutting properties.
action 1 O: The proposed grading does not exceed that which is necessary for the
permitted primary use of the lot. The majority of the grading is under the building footprint
and in the rear yard to excavate the built-up patio at the rear; thus, the proposed grading is
considered necessary and not excessive.
Section 11: The grading and related construction will not significantly adversely
affect the visual relationships nor the views from neighboring properties since the grading
will be conducted to create a lower level area under the building footprint, and the building
footprint will not be raised.
Section 12: Since the subject property was graded to accommodate the existing
improvements, there are no natural contours on-site. Therefore, the grading does not
disturb the natural contours of the property.
Section 13: The proposed residence is compatible with the immediate
neighborhood character, and is consistent with the mix of homes in the neighborhood.
ectlon 14: The grading application is consistent with the purpose and intent of the
Section 17.76.040.A, since it provides for the reasonable development of the parcel with a
residential structure.
Section 15: 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 approves Case No. ZON2005-
00067 for a Height Variation application and Grading Permit application, thereby allowing
for the demolition of an existing one-story residence and construction of a new 4,890
square foot two-story split-level residence up to 26-feet in height and conduct 996 cubic
yards of grading, 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 16: 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 January 25, 2006.
P.C. Resolution No. 2006-01
Page 3
PASSED, APPROVED, AND ADOPTED this I oth day of January 2006, by the following
vote:
AYES: Karp, Mueller, Perestam, Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Gerstner, Knight
V
Paul TeTr-ea6lt
Planning Commission Chairman
J I)R 'aS' AICP
tirect of Plannin ' Bur'ding and
rl t.
S
od nforcement; , Secretary
to the Planning Commission
P.C. Resolution No. 2006- 01
Page—4
Exhibit "A"
Conditions of Approval
Case No. ZON2005-00067
(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 the demolition of an existing one-story residence and construction of a
new 4,890 square foot two-story split-level residence up to 26-feet in height and conduct
996 cubic yards of grading.
4. The following minimum setbacks shall be maintained:
Front yard: 20'-0" minimum
Side yard: 6-0" minimum (proposed: 9'-11" west side/ 27-2" east side)
Rear yard: 115-0" minimum
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, FRONT
SETBACK CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR
ENGINEER PRIOR TO THE POURING OF FOOTINGS.
5. The maximum height of the structure shall not exceed 16-feet, as measured from the
highest preconstruction pad elevation covered by structure to highest ridgeline of the
structure. The maximum overall height of the structure shall not exceed 25-feet, as
measured from the lowest finish grade elevation to highest ridgeline elevation of the
structure. The highest pad elevation (97.6') is located at the southwest corner of the
proposed residence,while the lowest finish grade elevation (87.28') is located along the
rear footprint 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 maximum structure size of the residence, including garage, shall be limited to a
total area of 5,132 square feet. Specifically, the upper level is approved at 3,294
square feet of habitable area, while the lower level is approved at 1,292 square feet of
habitable and 546 square feet of garage area. SUBJECT TO REVIEW AND
APPROVAL BY THE BUILDING OFFICIAL,A STRUCTURE SIZE CERTIFICATION IS
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REQUIRED BY A LICENSED SURVEYOR, ENGINEER OR ARCHITECT
IMMEDIATELY AFTER FRAMING OF STRUCTURE.
7. 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.
8. A maximum total of 996 cubic yards of grading (cumulative cut and fill)is approved with
this permit.
9. The maximum height of the retaining wall along the west side in the rear yard area shall
be limited to 8-feet, as measured from adjacent grade to top-of-wall.
10.The maximum height of the retaining wall along the driveway shall be limited to 5-feet,
as measured from adjacent grade to top-of-wall.
11.Inasmuch as the area of grading around the built-up patio is currently an extreme slope
(at least 35%gradient), no structure shall ever be constructed within the area approved
for grading.
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, with the
exception of the roof cover over the entry to the residence, which shall be modified as
follows: a) provide a single vertical column on either side, rather than two columns on
either side; b) lower the roof covering to be consistent with the hip elements on either
side of the proposed residence; and, c) remove the proposed 18-inch fascia and
continue the roof element to include an eave with exposed rafters that is similar in
design to the hip elements on either side of the proposed residence.
13.Due to the subject property's location in the RS-2 zoning district, a maximum of forty
(40%) percent lot coverage shall be allowed on the lot (proposed: 30.8%).
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.
P.C. Resolution No. 2006-01
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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.
P.C. Resolution No. 2006-01
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