PC RES 2007-022P.C. RESOLUTION NO. 2007-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING CASE NO.
ZON2006-00097 FOR THE FOLLOWING DEVELOPMENT ON AN
EXISTING EXTREME SLOPE: A VARIANCE FOR A 530 SQUARE FOOT
FIRST -STORY ADDITION, A 530 SQUARE FOOT SECOND -STORY
ADDITION, AND A JACUZZI; AN EXTREME SLOPE PERMIT FOR A 230
SQUARE FOOT DECK ON THE FIRST -STORY AND A 120 SQUARE
FOOT DECK ON THE SECOND -STORY, BOTH CANTILEVERING OVER
AN EXTREME SLOPE; A GRADING PERMIT TO ALLOW FOR
APPROXIMATELY 245 CUBIC YARDS OF GRADING, WHEREIN 220
CUBIC YARDS OF CUT AND 25 CUBIC YARDS OF FILL ARE
PROPOSED TO ACCOMMODATE THE CONSTRUCTION OF SAID ROOM
ADDITIONS, AS WELL AS IMPROVEMENTS IN THE WEST SIDE YARD
ADJACENT TO SAID ROOM ADDITIONS, WHICH ALSO INCLUDE AN
UPSLOPE RETAINING WALL MEASURING UP TO 8' IN HEIGHT, A 2'-11"
HIGH GARDEN WALL, A 3' HIGH DOWNSLOPE RETAINING WALL, AND
THREE STAIRWAYS, FOR PROPERTY LOCATED AT 2873 COLT ROAD.
WHEREAS, on February 14, 2006, the applicant submitted Case No. ZON2006-
00097, a request to construct the following: a 530 square foot first -story addition; a 530
square foot second -story addition; one (1) 8' -high upslope retaining wall; one (1) 2' -11" -high
garden wall; one (1) 3' -high downslope retaining wall; three (3) stairways; 245 cubic yards
of grading, wherein 220 cubic yards of cut and 25 cubic yards of fill are proposed; a
Jacuzzi; a 230 square foot deck on the first -story; and a 120 square foot deck on the
second -story. An approval of a Variance is requested for the construction of the room
additions and the Jacuzzi on an extreme slope; a Site Plan Review with a Neighborhood
Compatibility analysis is requested for the room additions; an Extreme Slope Permit is
requested for the proposed decks which extend over an extreme slope; and a Grading
Permit is requested for the construction of the three (3) aforementioned retaining walls
three (3) stairways on an extreme slope area adjacent to said room additions; and,
WHEREAS, on March 15, 2006, September 21, 2006, November 28, 2006, and
December 18, 2006, the project was deemed incomplete pending submittal of additional
information; and,
WHEREAS, upon submittal of the required information, the construction of the
temporary silhouette and submittal of the silhouette certification form, the case was
deemed complete by Staff on March 7, 2006; 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 Case No. ZON2006-00097 would have a
Resolution Noe 2007-22
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significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 1 (Existing Facilities) since the project involves minor
alteration of existing private structure involving negligible or no expansion of use beyond
that existing at the time of the City's determination; and,
WHEREAS, the notice of the application was sent to property owners in a 500' -
radius of the subject site, and duly published in the Peninsula News on March 10, 2007;
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
March 27, 2007, 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:
VARIANCE
Section 1: There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the property, which does not
apply generally to other property in the same zoning district because the subject lot, which
was legally subdivided, contain portions of the private road easement on Colt Road beyond
the road centerline, as well as the frontage of the parcel situated across the street at 3300
Palos Verdes Drive East, making this an exceptional condition applicable to the subject site
which does not apply to other properties in the same RS -2 zoning district. More
specifically, the portion of the lot which was essentially used for the development of Colt
Road and the residence located at 3300 Palos Verdes Drive East is the most level, and
therefore, perhaps the most desirable part of the lot that could have been developed.
Since this portion of the lot is no longer available for use by the property owners, the only
developable part on the subject lot is an extreme slope, which is where the development is
proposed.
Section 2: The approval of a variance is necessary to ensure the property owners'
right to expand the existing residence, i.e., developing a permitted use on-site, which is a
right that other property owners in the same RS -2 zoning district maintain. Based on the
study of the aerial photographs and a series of site visits, most of the homes in the
immediate neighborhood contain buildable area. Therefore, a variance to allow for the
construction of room additions and a Jacuzzi on an extreme slope is necessary for the
preservation and enjoyment of a substantial property right of the applicant, which is a right
possessed by other property owners under like conditions in the same zoning district.
Section 3: Granting the variance will not be materially detrimental to the public
welfare or injurious to property and improvements in the area in which the property is
located because the proposed project must be reviewed by the City's Geotechnical Staff
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and the City Building Official for structural feasibility of the project and compliance with the
Uniform Building Code to ensure safety.
Section 4: Granting the variance will not be contrary to the objectives of the
General Plan or the policies and requirements of the Coastal Specific Plan because the
General Plan Land Use designation for the subject site is Single -Family Residential, 1-2
dwelling units per acre (RS -2) and Open Space Hazard (OH). The proposed additions and
a Jacuzzi to an existing single-family residence is consistent with the existing land use
designation since the General Plan allows for primary and ancillary structures to be
developed. The additions and a Jacuzzi will not be detrimental to the public welfare, or
injurious to property and improvements in the area, which is consistent with the General
Plan's goal to protect the general health, safety, and welfare of the community (Land Use
Plan, Page 192-193). Further, the additions and a Jacuzzi are consistent with the 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." Therefore, granting the variance will not be contrary to the
City's General Plan. Furthermore, the subject site is not located within the City's Coastal
Zone.
GRADING
Section 5: Although grading is proposed to increase the residential square
footage on the subject site, the proposed grading will not exceed that which is necessary
for the permitted primary use of the lot since a single-family residence is classified as a
permitted primary use in the RS -2 zoning district and the additions and the side yard
development are directly related to that primary use.
Section 6: The proposed grading and/or related construction does not adversely
affect the visual relationships with, nor the views from the "viewing area" of neighboring
properties because the viewing area in the homes along the north side of Colt Road, Le., on
the same side of the street as the subject site, are orientated to the north, the canyon, and,
therefore, away from the subject site. Although there are no designated viewing corridors
along Palos Verdes Drive East, the residence at the subject site is situated below the street
grade and at present, does not infringe on the view of the canyon as seen from the
thoroughfare. The finished structure will be lower than a structure that could have been
built in the same location on the lot if measured from the existing grade.
Section 7: The nature of grading involving the construction of the retaining walls
have been designed in a manner which minimizes disturbance to the natural contours and
finished contours are reasonably natural. Although the developments are proposed on an
extreme slope, the existing structure on-site has already been constructed on an extreme
slope. The proposed developments have been designed in a manner which blend in with
the existing hillside.
Section 8: 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
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manufactured slope into natural topography because the proposed room additions and the
improvements in the side yard have been designed in a manner in which the finished
development will appear blended with the existing topography.
Section 9; The grading would not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation because the
subject site contains little vegetation, no natural landscape, and no wildlife habitat based on
the City's most recent Natural Communities Conservation Plan.
Section 10: Although the applicant's request for excavation calls out for a cut up to
12' in height to accommodate a lower floor addition exceeds the Development Code
restriction of 5' -high cut, except for an excavation for a basement or a cellar, the Planning
Commission determined that unusual circumstance preexisting on-site make such grading
reasonable and necessary.
NEIGHBORHOOD COMPATIBILITY
Section 11: The proposed room additions are compatible with the scale of the
homes found in the immediate neighborhood because the proposed 1,060 square foot
room additions result in a 4,663 square foot residential structure, which is found to be within
the neighborhood range of 2,337 square feet and 6,000 square feet. Moreover, the existing
lot coverage of 8% will be increased to 9%, which is less than the Development Code's
limitation of 40%.
Section 12: The proposed room additions are compatible with the architectural
style of the homes found in the immediate neighborhood because the additions have been
designed to match the appearance of the existing residence. Moreover, the proposed
height of the structure will not exceed the 16'/30' by -right height envelope on a sloping lot,
and will continue to maintain the appearance of a stepped down, two-story residence. The
additions have been designed to eliminate the potential appearance of bulk and mass by
incorporating a horizontal expansion of the existing residence. The existing foliage along
the front of the residence, as well as the fact that the residence steps down from Colt Road,
help mitigate the appearance of the structure from the public view.
Section 13: The proposed room additions are compatible with the setbacks present
in the immediate neighborhood because the proposed additions will be constructed entirely
outside of the required setback area. Based on the study of aerial photographs and site
visits, the proposed setbacks are comparable, if not greater, than those situated in the
immediate neighborhood.
EXTREME SLOPE PERMIT
Section 14: The site cannot reasonably accommodate the structure in another
location not involving an extreme slope because the existing residential structure has been
constructed over an extreme slope. The proposed decks, therefore, cannot be
accommodated at an alternate location, i.e., where there is no extreme slope.
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Section 15: The permit will not result in a significant adverse effect on neighboring
properties because the existing residence steps down from Colt Road and the existing
decks on the first and second -stories are not immediately visible from the street, or the
main thoroughfare, Palos Verdes Drive East. The decks are not expected to cause slope
instability and will not create viewing ability to the abutting properties as the existing canyon
between the properties serve as a buffer.
Section 16: There will be an insignificant disturbance to the slope because the
proposed decks are auxiliary features that are attached to and extend from the existing
residence and are not constructed directly on the sloped area.
Section 17: The structure will not result in an unreasonable infringement of the
privacy of the occupants of abutting residences because the abutting residences are
separated by a canyon from the subject site, and viewing on to the property to the east is
inhibited by the presence of existing foliage and the considerable distance between two
properties.
Section 18: The permit approval is not contrary to the General Plan, Coastal
Specific Plan, or any applicable plan because the General Plan promotes improvements to
properties that will enhance the visual quality of existing neighborhoods while maintaining
and protecting the residents' public health, welfare, and safety. The proposed decks are
consistent with the General Plan since the decks are important features to the property
because they increase the use of outdoor space while not producing significant adverse
impacts to adjacent properties. Moreover, the subject site is not located in the Coastal
Specific Plan area.
Section 19: 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 Case No.
ZON2006-00097, the variance and site plan review for the room additions and a Jacuzzi,
the extreme slope permit for the decks, and the grading permit for the room additions, three
(3) retaining walls, and three (3) stairways, on property located at 2873 Colt Road, 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 in the area, on property
located at 2873 Colt Road.
Section 20: 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 stating
the grounds of the appeal and with the appropriate appeal fee, no later than 5:30 P.M. on
April 25, 2007.
P.C. Resolution No, 2007-22
Page 5
PASSED, APPROVED, AND ADOPTED this 10th day of April 2007, by the following vote:
AYES: Commissioners Karp, Ruttenberg, Tetreault, Vice Chairman
Perestam, Chairman Gerstner
NOES: Commissioner Knight
ABSTENTIONS: None
ABSENT: Commissioner Lewis
Joel • :S, AICP
Dire • of Plan ng, Building and
Cod nforcement; and, Secretary
to the Planning Commission
Bill Gerstner
Planning Commission Chairman
P.C. Resolution No, 2007-22
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. ZON2006-00097
(VARIANCE, SITE PLAN REVIEW, GRADING)
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. 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. 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
changes to the project shall require approval of a revision to the Variance and Site
Plan Review by the Planning Commission.
4. 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.
5. 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.
6. 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 (1) 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.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another City department, the stricter standards 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.
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ZON2006-00097(VAR, SPR, GR)
2873 Colt Road
April 10, 2007
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 of 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.
11. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
12.AII construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary 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 places in a location that will minimize
disturbance to the surrounding property owners.
Site Plan Review
13. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum 40% lot coverage (9% proposed) and the following
setbacks from the applicable property lines:
Front 20' (50'-6" proposed)
Side 5' (108' proposed on the west side; 38' proposed on the
east side)
Rear 15' (40' proposed)
14. The maximum building height shall not exceed 16', as measured from the highest
point on the existing grade to be covered by the structure to the ridge, and 30' as
measured from the lowest elevation on the finished grade to the ridge (proposed:
12.38'/24.38').
15. The approval of this application includes the construction of an in -ground Jacuzzi in
the side yard west of the proposed room additions.
16.A foliage analysis conducted by Staff on November 15, 2006 revealed no existing
foliage that significantly impairs the protected view from any surrounding properties.
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ZON2006-00097(VAR, SPR, GR)
2873 Colt Road
April 10, 2007
Grading
17.A total of 245 cubic yards of grading is permitted by this approval, consisting of 220
cubic yards of cut and 25 cubic yards of fill. The maximum depth of cut shall be 12'.
18. WALL HEIGHT ELEVATION CERTIFICATION IS REQUIRED FOR THE
FOLLOWING CONDITIONS. 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 FINAL OF BUILDING PERMITS.
a. One upslope retaining wall measuring up to 8' in height and approximately
68' in length may be constructed in the side yard west of the proposed
room additions.
b. One garden wall measuring up to 2'-11" in height and approximately 20' in
length may be constructed in the side yard west of the proposed room
additions.
c. One downslope retaining wall measuring up to 3' in height and
approximately 39' in length may be constructed in the side yard west of
the proposed room additions.
19. Three stairways in the proposed patio area west of the proposed room additions
may be constructed.
20. Prior to building permit issuance and/or commencement of grading, whichever
occurs first, the applicant shall obtain approval of a haul route from the Director of
Public Works.
19. Prior to the issuance of building permits, the applicant shall obtain final approval
from the City's Geotechnical Staff for all the proposed development, including the
proposed retaining walls, garden wall, grading, room additions, stairways, and the
jacuzzi.
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