PC RES 2006-025 P.C. RESOLUTION NO. 2006-25
RESOLUTION F THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDESCONDITIONALLY
APPROVING A HEIGHT VARIATION,GRADING APPROVAL
AND SITE PLAN REVIEW(PLANNING CASE NO. ZON2005-
00370) FOR 704 CUBIC YARDS F GRADING FOR THE
CONSTRUCTION F A NEW4,510-SQUARE-FOOT 2-
STORY SINGLE-FAMILY RESIDENCE AND RELATED
ACCESSORY STRUCTURES, LOCATED AT 4206
EXULTANT DRIVE
WHEREAS, on July 18, 2005, the applicant, Melissa Harris, submitted an
application for Planning Case No.ZON2005-00370 for a height variation,grading approval
and site plan review to allow the demolition of an existing 1-story single-family residence
and the construction of a new, 2-story single-family residence on an pad lot on Exultant
Drive in the Seaview community; and,
WHEREAS, on April 14, 2006, the application for Planning Case
No. ZON2005-00370 was deemed complete by Staff; 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 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), Staff found no evidence that the approval of the requested height variation,
grading approval and site plan review would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt (Section
15303(a)); 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 May 23, 2006, 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 Planning Commission makes the following findings of fact with
respect to the application for a height variation to allow the construction of a new, 4,510-
square-foot 2-story single-family residence on the subject property:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining property owners' acknowledgement signatures
from 34% of the property owners within a 500-foot radius of the subject property
and 70% of the property owners within a 100-foot radius of the subject property.
S. The proposed structure that is above sixteen feet in height does not significantly
impair a view from public property(parks, major thoroughfares, bikeways,walkways
or equestrian trails),which has been identified in the City's General Plan or Coastal
Specific Plan, as City-designated viewing areas because the subject property is not
directly overlooked by any park, major thoroughfare, bikeway, walkway or
equestrian trail identified in the City's General Plan as a City-designated viewing
area.
C. The proposed structure is not located on a ridge or promontory; rather, the subject
property is a graded pad lot surrounded by similar pad lots that were all created
when the neighborhood was originally graded.and developed in the late 1950s.
D. The proposed new structure that is above sixteen feet in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing
area of another parcel because the proposed new residence does not exceed the
16-foot"by right" height limit for a pad lot. As such, any views that are impaired by
the proposed structure would be impaired by a structure that is no more than
sixteen feet (16'-0") tall as measured from the existing building pad. Since this
height variation finding is concerned with impairment of views as a result of portions
of a project in excess of sixteen feet (16'-0") in height, there can be no view
impairment from the viewing area of another property—as defined in the City's
Development Code—as a result of the proposed project.
E. The required finding that, if view impairment exists from the viewing area of another
parcel but it is determined not to be significant, the proposed new structure that is
above sixteen feet in height is designed and situated in such a manner as to
reasonably minimize impairment of a view, does not apply because the portion of
the proposed project that is above sixteen feet (16'-0") in height does not result in
significant view impairment from the viewing area of another parcel.
P. There is no significant cumulative view impairment caused by granting the
application because the portion of the proposed project that is above sixteen feet
(16'-0") in height does not result in significant view impairment from the viewing area
of another parcel.
G. The proposed structure complies with all other Code requirements, including the
RS-4 zoning district development standards with respect to lot coverage and
setbacks, and the off-street parking requirements for single-family residences.
H. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, including total square footage and lot
coverage of the residence and all ancillary structures; architectural styles, including
facade treatments, structure height, open space between structures, roof design,
the apparent bulk or mass of the structure, number of stories, and building
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materials; and front-, side-, and rear-yard setbacks.
I. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences because the exterior west and south
facades of the proposed house would be located in generally the same position as
the existing facades at these locations. There is no unreasonable infringement
upon the privacy of abutting residences as a result of the existing residence, nor will
there be any unreasonable infringement as a result of the proposed project.
Similarly, the proposed covered patio at the rear of the house will present no more
potential for the infringement of the privacy of abutting residences than does the
existing rear yard area of the lot.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a grading approval to allow 704 cubic yards of grading for the
construction of a new 4,510-square-foot 2-story single-family residence to the subject
property:
A. The grading does not exceed that which is necessary forthe permitted primary use
of the lot. The majority of the proposed grading (521 cubic yards)would fall within
the footprint of the proposed residence, mainly for the excavation of the garage and
basement. The balance of proposed grading (183 cubic yards), which amounts to
less than one quarter of the total grading quantity, would involve a maximum of two
feet (2'-0") of fill at the front and rear of the house to level the pad.
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. As discussed in Finding 1 D.above, the proposed project
results in no view impairment from the viewing area of another property. The
existing pad elevation outside the building footprint will be raised no more than two
feet (2'-0") above existing grade, which should have no significant impacts upon
views or visual relationships. Furthermore, the lot is being graded down within the
building footprint and maximum height of the proposed residence would be lower
than the existing residence and would not exceed the 16-foot"by right" height limit.
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 largely the result of past mass grading for the development of the
neighborhood. The top of the slope in the rear yard would be altered by the
proposed project, but the remainder of the descending slope would remain.
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 human alteration in the past, and there are
P.C. Resolution No. 2006-25
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no significant natural topographic features that would be disturbed by the proposed
grading.
E. For new single-family residences, the grading and/or related construction is
compatible with the immediate neighborhood character, as discussed in Finding 1 H
above.
F. The required finding that, in new residential tracts, the grading includes provisions
for the preservation and introduction of plant materials so as to protect slopes from
soil erosion and slippage and minimize the visual effects of grading and construction
on hillside areas, is not applicable to the proposed project because it is not a new
residential tract.
G. The required finding that the grading utilizes street designs and improvements which
serve to minimize grading alternatives and harmonize with the natural contours and
character of the hillside is not applicable to the proposed project because it does not
involve modifications to streets or other public infrastructure.
H. The required finding that the grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation is not applicable to the proposed project because there is no evidence of
natural landscape or wildlife habitat on the subject property,which is a developed lot
in an established single-family neighborhood.
I. The grading conforms to certain City standards for grading on slopes, creation of
new slopes, heights of retaining walls, and maximum driveway steepness.
Specifically, slopes adjacent to the driveway will not exceed 67-percent steepness;
the maximum depth of fill is less than five feet, (5'-0"); only one 3y2-foot-tall
downslope retaining wall is proposed; and the maximum driveway slope wilLnot
exceed 20-percent steepness.
J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code, the proposed 9-foot depth of cut is reasonable and necessary because it is
for the excavation of a basement.
K Deviations from certain City standards for grading on slopes and the number and
height of retaining walls adjacent to the driveway are warranted. Specifically,fill and
a 3Y2-foot-tall retaining wall will be placed on the existing 62% descending slope at
the rear of the property, and two (2) upslope retaining walls in excess of five feet(5'-
0") in height are proposed. These deviations are warranted because:
L The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) section are satisfied.
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ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure]that the development of each parcel of
land...occurs in a manner harmonious with adjacent lands..."; and to
"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because they will allow reasonable use of the property's
rear yard and vehicular access to the lower-level garage, and will be
consistent with the Residential 2-4 DU/acre land use designation for the
area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. The proposed retaining wall at the top of the existing 62% slope
will be located approximately four feet (4'-0") closer to the rear property line,
but will be only forty-two inches (42") tall. Most of the existing descending
slope will remain unaltered, similar to other properties in the immediate
vicinity. With respect to the retaining walls at the driveway, two (2)walls are
necessary in order to provide adequate access to the lower-level garage due
to the slope of the street of access (Schooner Drive). The walls will be
mostly less then five feet (F-O") tall except where they meet the wall of the
house, where they will be approximately seven feet (7'-0") tall. As a corner
lot, the subject property is not typical of the other lots in the immediate
vicinity.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The City's geotechnical consultant
has granted conceptual approval of the project, and additional review and
analysis will be required before the soil engineering report for the grading,
retaining walls and structure is granted final approval for construction. The
applicant will also be required to obtain a building permit for the project,
including the review of site drainage and slope stability during excavation.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for site plan review to allow a new pool, spa, rock waterfall and
related equipment; a built-in barbecue on the rear patio; air conditioning compressor on the
street side of the house; and a fountain and low seat wall in the front yard:
A. The approved accessory structures and uses shall fully comply with the RS-4 district
development standards and other applicable provisions of the Development Code.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)and
17.76.040(H)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
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with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15) days following May 23, 2006, the date of the Planning Commission's final
action.
Section 5: 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 conditionally approves a height
variation, grading approval and site plan review(Planning Case No. ZON2005-00370)for
704 cubic yards of grading for the construction of a new 4,510-square-foot 2-story single-
family residence and related accessory structures, located at 4206 Exultant Drive, subject
to the conditions of approval in the attached Exhibit W.
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PASSED, APPROVED, AND ADOPTED this23 `d day of May 2006, by the following vote:
AYES: Commissioners Lewis, Perestam, Ruttenberg and Tetreault,
Chairman Knight
NOES: none
ABSTENTIONS: none
ASSENT: Commissioner Karp and Vice Chairman Gerstner
Ji nigh
C ars
Joel ja , AICP
®irec or f Plannin�e�,Eu ding
and a Enforceand,
Secretary to the Planning Commission
P.C. Resolution No. 20069-5
Page 7 of 11
EXHIBITW
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2005-00370
(Harris, 4206 Exultant Drive)
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 date of this approval shall render this approval null and void.
2. 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.
3. This approval is for 704 cubic yards of grading for the construction of a new 4,510-
square-foot 2-story single-family residence and related accessory structures. 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 to the height variation, grading approval
and/or site plan review by the Planning Commission and shall require new and
separate environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-4 district
development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, 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.
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Otherwise, a height variation, grading approval and/or site plan review revision must
be approved prior to further development.
7. 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.
8. 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.
9. 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.
10. 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.
11. The approved project shall maintain a maximum of 50% lot coverage (40%
proposed). Maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%.
12. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9° in width and 20® in depth, with minimum 7' vertical clearance.
13. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W
incandescent (or equivalent).
14. The applicant shall obtain an encroachment permit from the Director of Public
Works for the widened curb cut on Schooner Drive and any other temporary or
permanent improvements within the public rights-of-way of Exultant Drive or
Schooner Drive.
15. Prior to building permit final, the applicant shall submit a site landscape plan,
including the parkways of Exultant Drive and Schooner Drive, for the review and
approval of the Director of Planning, Building and Code Enforcement. The
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landscape plan shall incorporate drought-tolerant plant species and low water use
irrigation systems. All new trees and shrubs shall be maintained so as not to
exceed sixteen feet (16'-0") in height or the highest ridgeline of the house,
whichever elevation is lower, so as not to significantly impair views from surrounding
properties. The approved site landscaping shall be installed within ninety(90)days
of building permit final.
Height Variation Conditions:
16. This approval is for a 4,510-square-foot, 2-story single-family residence, consisting
of 471 square feet of living area and a 715-square-foot garage on the lower
(basement)level, and 3,324 square feet of living area on the main floor. BUILDING
AREA CERTIFICATION REQUIRED,to be provided by a licensed land surveyor or
civil engineer prior to building permit final.
17. The maximum ridgeline of the approved project is 112.06'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
18. The approved residence shall maintain setbacks of 21'front, 22' rear, 12'street side
and 6.42' interior side. BUILDING SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
Grading Conditions:
19. The permitted grading quantities forthe house,driveway and retaining walls shall be
as follows:
Area Cut Fill Total Earth Movement Net Earth Movement
House 517 CY 4 CY 521 CY <513 CY>
Footprint
Outside 73 CY 110 CY 183 CY 37 CY
Footprint
Total 590 CY 114 CY 704 CY <476 CY>
The maximum depth of cut shall be 9 feet and the maximum depth of fill shall be 2
feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED.
20. The applicant shall furnish the City with copies of landfill receipts for the approved
export of 476 cubic yards of material prior to Building Permit final.
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21. The maximum height of the downslope retaining wall at the top of the slope shall not
exceed 31/2 feet in height. The maximum height of the upslope retaining walls
adjacent to the driveway shall not exceed 7 feet in height outside the street-side
setback, and 3'/2 feet in height within the street-side setback.
22. Maximum new slopes shall not exceed 67% adjacent to the driveway, and 50%
elsewhere on the property.
23. The applicant shall prepare a haul route plan for trucks hauling spoils from the
project site to where this material will be disposed. The plan shall be approved by
the Director of Public Works before the City issues the project a grading permit.
Haul routes used to transport soil exported from the project site shall minimize
exposure of sensitive receptors to potential adverse noise levels from hauling
operations. 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 Condition No. 10 of
this Resolution.
24. The maximum driveway slope shall not exceed 20 percent.
Site Plan Review Conditions:
25. The new pool, spa, rock waterfall and related equipment shall maintain a minimum
5-foot setback from the interior side property line. Pool fencing shall be provided as
per Development Code standards.
26. The maximum height of the fountain, low seat wall and any other freestanding walls
and fences within the front and street-side setback areas shall not exceed forty-two
inches (42") in height.
27. The air conditioning compressor on the street side of the house shall be located
outside of the required 10-foot setback area, and shall be screened from view by a
solid enclosure no more than forty-two inches (42") in height.
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