PC RES 2007-028 P.C. RESOLUTION NO. 2007-28
RESOLUTION F THE PLANNING COMMISSION F THE
CITY OF RANCHO PALOSVERDEVERDES APPROVING THE
APPEAL AND OVERTURNINGTHE DIRECTOR'S DECISION
THEREBY CONDITIONALLY APPROVING A COASTAL
PERMIT, GRADING PERMIT, MINOR EXCEPTION PERMIT
AND SITE PLAN REVIEW(CASE NO. ON006-00243) FOR
THE CONSTRUCTION F A NEW 2,940 SQUARE FOOT
SINGLE-STORY E I E E, 944 SQUARE FOOT
ENCLOSED PTI , 610 SQUARE FOOT GARAGE,
TOTAL 735 CUBICY F GRADING (93 CUBIC
YARDS OF CUT AND 642 CUBIC YARDS OF FILL) T
ACCOMMODATE THE NEW RESIDENCE, A NEW 6).09) T
8'-0" TALL CINATI ALL ALONG THE SOUTH
SIDE PROPERTYLINE,A 6'-0"TALL COMBINATION WALL
ALONGTHE WEST REAR PROPERTY LINEAOTHER
ANCILLARY PROPERTY IMPR VEME TS, ON A VACANT
LOT LOCATED T 1 I CLIPPER
WHEREAS, on May 5, 2006, the applicant formally submitted Coastal Permit,
Grading Permit and Site Plan Review applications for a new single-story residence, one
upslope retaining wall, and approximately 450 cubic yards of grading (90 cubic yards of cut
and 360 cubic yards of fill); and,
WHEREAS, on May 11, 2006, May 31, 2006, June 6, 2006, July 20, 2006, August
31, 2006, and October 30, 2006, the applications were deemed incomplete, pending the
submission of additional materials and compliance with National Pollution Discharge
Elimination System (NPDES) requirements; and,
WHEREAS, upon submittal of the required information, construction of the
temporary silhouette, submittal of the silhouette certification form and approval by NPDES,
the case was deemed complete by Staff on October 31, 2006. Subsequently, a notice of
application was mailed to 77 property owners within a 500' radius of the subject site and the
notice was published in the Palos Verdes Peninsula News on November 11, 2006; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
(CEQA), under Article 19, Section 15303(a)(new construction; single-family residence) of
the California Guidelines for Implementation of the CEQA. Specifically, the project includes
the construction of a 2,940 square foot residence, a 554 square foot enclosed garage, and
a 610 square foot garage in a residential zone. As such, this project was determined not to
have a significant impact on the environment
WHEREAS, on December 20, 2006, the Director of Planning, Building and Code
Enforcement reviewed and approved Case No. ZON2006-00243, and a Notice of Decision
was prepared and distributed to all interested parties; and,
WHEREAS, on January 10, 2007, within fifteen (15) days following the Director's
Notice of Decision, not including the period between December 25, 2006 and January 1,
2007 when City Hall was closed, Daniel and Jill Bridleman (hereinafter referred to as
Appellants), filed an appeal to the Planning Commission requesting that the Planning
Commission overturn the Director's approval of Case No. ZON2006-00243; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
February 27, 2007, at which time all interested parties were given an opportunity to be
heard and present evidence, and the project was continued to a date certain; and,
WHEREAS, on April 7, 2007, Staff mailed a new Public Notice to property owners
within a 500-foot radius from the subject property and published the notice in the Peninsula
News due to the additional requirement for a Minor Exception Permit. The notice provided a
15-day time period for the submittal of comments and concerns; and,
WHEREAS, on April 24, 2007 the Planning Commission held a duly noticed public
hearing to review a redesigned project along with an additional request for a Minor
Exception Permit, at which time all interested parties were given an opportunity to be heard
and present evidence; and,
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the Coastal Permit to allow the new residence and other ancillary site
improvements can be approved because:
A. The proposed development is consistent with the Coastal Specific Plan. Specifically,
the project would not negatively impact the goals of the Coastal Specific Plan as the
property is located between a series of existing residential properties and would not
impact pubic access to the coastal resources or natural resources of the City
B. The subject property is not located between the sea and the first public road
(Seacove Drive).
Section 2: The Planning Commission makes the following findings of fact with
,respect to the Site Plan Review to allow the new residence and other ancillary site
improvements can be approved because:
A. The proposed residence 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, and building materials will be consistent with other homes in the
neighborhood. Although the resulting 4,494 square foot residence will be 1,171
square feet greater than the neighborhood average, the size of the proposed
residence is found to be within the range of the homes in the immediate
P.C. Resolution No. 2007-28
Page 2
neighborhood, which range from 1,750 square feet to 4,780 square feet. Further,
the single-story configuration of the proposed residence mitigates the potential
concern for creating bulk and mass. Lastly, the building setbacks from the
corresponding property lines are found to be comparable with the residences found
in the immediate neighborhood.
Section 3: The Planning Commission makes the following findings of fact with
respect to the Grading Permit to allow the new residence and other ancillary site
improvements can be approved because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. The underlying zoning district is single-family residential. The
proposed grading (93 cubic yards of cut and 642 cubic yards of fill) is necessary to
accommodate the new single-story residence.
B. The grade in the rear of the proposed residence will be raised, however it will not
impair any primary views and will not result in a structure higher than what could be
built on the property by right. Further, the height of the proposed garage is lower
than a structure that could have been built by right in the same location on the lot if
measured from pre-construction (existing) grade.
C. The grading minimizes disturbance to the natural contours and finished contours are
reasonably natural, as the majority of the grading would occur beneath the proposed
residence. Further, the proposed 6'-0" to 8'-0" high downslope retaining wall along
the south side property line and the 6'-0" high downslope retaining wall along the
west rear property line are necessary as the disturbances to the existing contours
are minor and necessary to allow for construction of a new home on a vacant lot
zoned for residential development.
D. The proposed 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 natural topography. The unimproved lot descends
5-7 feet from the north side property line to the south side property line, and the
proposed residence and associated grading would follow similar contours.
E. The new single-family residence, the grading and/or related construction is
compatible with the immediate neighborhood character. The new residence would
meet the lot coverage, setbacks and structure heights found within the surrounding
neighborhood. Further, the proposed residence is compatible with other residences
in the surrounding neighborhood in terms of scale, materials and architectural style.
F. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence
of natural landscape or wildlife habitat on the property.
P.C. Resolution No. 2007-28
Page 3
G. The grading conforms to the City's standards for grading on slopes, height of cut
and fill, and heights of retaining walls. Specifically, the proposed grading would
occur on a lot with an average slope of 7.8%, well below 35% (extreme slope).The
proposed grading will not significantly alter the contours of the lot and no finished
slopes that exceed 35% will be created. Lastly, the project includes one (1)
downsloope combination wall along the south side property line and one (1)
downslope combination wall along the west rear property line, both allowed through
the development code as the retaining portions of the wall will not exceed a
maximum height of 3-6".
Section 4: The Planning Commission makes the following findings of fact with
respect to the application for a Minor Exception Permit to allow a 6'-0" tall to 8'-0" tall
combination wall (retaining wall and freestanding wall) along south side yard property line
and a 6'-0" tall combination wall along the west rear property line because:
A. The requested minor exception is warranted by practical difficulties and is necessary
to avoid inconsistencies with the general intent of Title 17 of the Municipal Code.
The revised floor plan would require additional grading quantities and two
combination walls in order to mitigate any potential view impacts to the neighbor to
the north and the required guardrail/freestanding fence/wall would allow for a new
residence that is compatible with the surrounding neighborhood, does not infringe on
the privacy enjoyed by abutting properties and does not obstruct the views from
neighboring properties.
B. In addition to the review criteria listed in Chapter 17.66.050, the Planning
Commission finds the following in assessing the application to allow a retaining wall
with a guardrail/freestanding fence/wall on top of the retaining wall along the south
side property line to exceed 8'-0" on the low side:
a. The height of the fence,wall or hedge will not be detrimental to the public
safety and welfare as the wall would provide a safety barrier in between
the abutting lots.
b. The line of sight over or through the proposed fence is adequate for
safety and does not significantly impair a view from the viewing area of an
adjacent parcel as no protected views are obstructed by the proposed
combination wall.
c. The height of the retaining portion of the combination wall does not
exceed the grading limits of the Municipal Codes as the south side yard
retaining wall and west rear yard retaining wall are necessary to support
the redesign of the proposed new residence and the proposed grading
(642 cubic yards of fill) (see Section 3 above).
Section 5: 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) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing, setting forth the grounds of the appeal and any specific actions requested by the
P.C. Resolution No. 2007-28
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appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days
following April 24, 2007, the date of the Planning Commission's final action.
Section 6: 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 the appeal and overturns
the Director's decision, and thereby conditionally approves Coastal Permit, Grading Permit,
Minor Exception Permit and Site Plan Review (Planning Case No. ZON2006-00243)for a
2,940 square foot single-story residence, a 944 square foot enclosed patio, a 610 square
foot garage, 735 cubic yards of grading (93 cubic yards of cut and 642 cubic yards of fill), a
6'-0" to 8'-0" high downslope combination wall along the south property line, a 64, high
combination wall along the west rear property line, and a rear yard pool and spa located at
11 Clipper Road, subject to the conditions of approval in the attached Exhibit W.
PASSED, APPROVED, AND ADOPTED this 24rd day of April 2007, by the following vote:
AYES: Commissioners Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman
Perestam, Chairman Gerstner
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Karp
Bill Gerstner
Chairman
j—oe Ict Voj a ' A'cnpn(�n�Building
Dire r f PIa
and Co e Enforcement; and,
.Secretary to the Planning Commission
P.C. Resolution No. 2007-28
Page 5
EXHIBIT "All
CONDITIONS 1! FOR
PLANNING CASE NO. CASE NO. Z 2 6-00243
( stru , 11 Clipper 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 listed below. Failure to
provide said written statement within ninety (90) days following the 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 the construction of a new 3,494 square foot single-story
residence with a 610 square foot garage. The applicant is also proposing to grade
approximately 735 cubic yards (93 cubic yards of cut and 642 cubic yards of fill) of
earth to accommodate the new residence.A new 6'-0"to 8'-0" high combination wall
will be located along the south side property line and a 6'-0" high combination wall
will be located along the west rear property line. Other ancillary property
improvements include a rear yard pool, spa and pool equipment as well as front and
rear yard landscaping. 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 Coastal Permit, Grading Permit, Minor Exception Permit and Site Plan Review
Case No. ZON2006-00243 by the Director and shall require new and separate
environmental review.
3. The south side yard and west rear yard retaining portions of the combination wall
shall not exceed 3'-6".
4. The south side yard combination wall (retaining wall and freestanding wall/fence on
top)shall not exceed a maximum height of 8'-0", as measured from grade on the low
side of the wall, or 3'-6", as measured from grade on the high side of wall, per the
approved plans.
5. The west rear yard combination wall (retaining wall and freestanding wall/fence on
top)shall not exceed a maximum height of 6-0", as measured from grade on the low
side of the wall, or 3'-6", as measured from grade on the high side of wall, per the
approved plans.
P.C. Resolution No. 2007-28
Page 6
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 City's Municipal Code, 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 Section 17.86.060 of the City's Municipal Code.
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 Section
17.86.070 of the City's Municipal Code within one hundred eighty days (180) of the
final effective date of the 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 Department of Planning, Building and Code Enforcement 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 in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of the Notice of Decision.
11. 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.
12. 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.
13. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 50% lot coverage (49.38% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet(20 feet)
Side 5 feet (5 feet)
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Rear 15 feet (19 feet)
14. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of
a parcel of property or properties other than that upon which such light source is
physically located.
15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
16. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9 feet in width and 20 feet in depth, with a minimum of 7 feet of vertical clearance.
17. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
18. 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.
19. The proposed addition shall not exceed 16' in height, as measured from the highest
adjacent grade and 20' as measure from the lowest adjacent grade. Specifically,
the proposed addition will result in a maximum height of 15-0", as measured from
the highest grade covered by structure to the top of the highest ridgeline, and 20'-0"
as measured from the lowest grade covered by structure to the top of the highest
ridgeline of the residence.
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.
20. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
21. This project includes approval for 735 cubic yards of grading. Specifically, 93 cubic
yards of cut and 642 cubic yards of fill are approved, per the stamped and approved
plans.
22. All planter walls, walls, fences and/or other structures shall not exceed a maximum
height of 42 inches when located between the front property line and the exterior
fagade of the existing single-family residence closest to the front property line.
P.C. Resolution No. 2007-28
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23. The pool equipment may be located within the interior side or rear yard setback
provided that the following conditions are met:
a) Prior to issuance of Building Permits for the pool equipment, proof of noise
levels for the equipment shall be submitted to the Planning Department where
the noise levels will not exceed sixty-five (65) decibels, as measured from the
closest property line, and
b) Prior to issuance of Building Permits for the pool equipment, dimensions of the
equipment shall be submitted to the Planning Department where no part of the
pool equipment shall exceed six (6)feet in height (as measured from adjacent
finished grade), and
c) The pool equipment shall not extend within 3 feet of the side or rear property
line, and
P.C. Resolution No. 2007-28
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