PC RES 2007-054 P.C. RESOLUTION NO. 2007-54
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VE DES APPROVING A HEIGHT VARIATION,
MINOR EXCEPTION PERMIT, GRADING AND SITE PLAN REVIEW
(ZON2006-00491) TO DEMOLISH AN EXISTING SINGLE-STORY
RESIDENCE AND CONSTRUCT A NEW TWO-STORY 3,746FT2
RESIDENCE AND GARAGE AT 6913 MAYCROFT DRIVE.
WHEREAS, on September 11, 2006, the applicant submitted an application for a Height
Variation and Site Plan Review (Case No. ZON2006-00491), a request to demolish an existing
2,397ft2 single-story residence and construct a new 3,794ft2 two-story residence and garage as
a replacement; and,
WHEREAS, on April 11, 2007, the applications for Height Variation and Site Plan
Review were deemed complete by staff; and,
WHEREAS, on May 22, 2007, the Planning Commission reviewed the proposed project
and raised concerns in regards to bulk/mass, view impairment, cumulative view impairment and
privacy impact. The Planning Commission continued the item to July 24, 2007 to allow the
applicant time to address the issues raised at the meeting; and,
WHEREAS, on June 26, 2007, the property owner requested a continuance to the
August 28, 2007 meeting, seeking additional time to redesign and re-silhouette the project; and,
WHEREAS, on July 24, 2007 the Planning Commission accepted the property owner's
request and continued the item to the August 28, 2007 meeting; 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 Height Variation and Site Plan Review, will have a
significant effect on the environment and, therefore, the proposed project has been found to be
categorically exempt under Class 3 (Section 15303); and,
WHEREAS, after noticed issued on April 11, 2007 pursuant to the requirements of the
Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on August 28, 2007, 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: That the proposed project includes the demolition of an existing 2,397ft2
single-story residence and the construction of a new 3,746ft2 two-story residence and garage as
a replacement.
Section 2: That the Grading is warranted since the proposed 296yd3 of grading
resulting from cutting under the building footprint to accommodate a basement level is not
excessive; the grading does not impair any views; and the excavation does not affect the
P.C. Resolution No. 2007-54
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current appearance of the slope from the public right-of-way or from other residences. Lastly,
the subject property was a lot of record legally existing as of November 25, 1975 and no finish
slopes greater than 35%will be created.
Section 3: That the Grading is warranted because departure from the standards to
permit a retaining wall in the side yard greater than 3'-6" is consistent with the goals and policies
of the general plan. The new revision is a unique alternative to the original design that satisfies
the desire and need of a larger home for the applicant while maintaining the quality of life for the
neighboring residents by helping them maintain their view of the ocean. Although the proposed
retaining wall in the side yard exceeds the height that is allowed by the code, it will not be visible
from the public right-of-ways or from neighboring properties. Additionally, it is an integral part of
the proposed new structure. Therefore, the new retaining wall of 6-11" high with a 3' high
guardrail on top does not deviate from the general plan.
Section 4: That the Grading is warranted because departure from the standards to
permit a retaining wall in the side yard greater than 3'-6" will not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity. The applicants
are proposing a retaining wall to accommodate a portion of the proposed new basement level
which is an integral part of the new proposed residence. The subject area is located within a
fully developed residential tract, in which all parcels are allowed to develop a single-family
dwelling and other accessory structures that are ancillary to the main structure.
Section 5: That the Grading is warranted because departure from the standards to
permit a retaining wall in the side yard greater than 3'-6"will not be detrimental to the public
safety nor to other property. The 6-11" tall retaining wall is proposed within the subject parcel
and will not visible from the public right-of-way or from other neighboring properties.
Additionally, said wall will require approval of a building permit thereby ensuring its safety.
Section 6: That the Height Variation is warranted since the applicant has complied
with the early neighbor consultation process established by the city by obtaining 39% of the
signatures within a 500' radius and 75% of the signatures within a 100' radius of the project site.
Section 7: That the Height Variation is warranted since the proposed new residence
that is above 16' in height does not significantly impair a view from public property (i.e. parks,
major thoroughfares, bike ways, walkways or equestrian trails) which has been identified in the
city's general plan or coastal specific plan, as city designated viewing areas. There is no public
property near the subject site that is city-designated viewing areas.
Section 8: That the Height Variation is warranted since the proposed new residence
is not located on a ridge or a promontory. The subject property is located within a fully
developed single-family residential tract that is not located on a ridge or a promontory, as
defined in the Development Code.
Section 9: That the Height Variation is warranted since the proposed new residence
that is above 16' in height, when considered exclusive of existing foliage, does not significantly
impair a view from the viewing area of another parcel.
Ms. Kim's property located at 28019 Ambergate is the only property that is affected by the
proposal, although not significant. From Ms. Kim's viewing area (inside the living room) only
portions of the ridgeline flags are visible from the residence.
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Section 104 That the Height Variation is warranted since the proposed new residence
above 16' in height is designed and situated in such a manner as to reasonably minimize the
impairment of a view. The applicant has reduced the second floor area by 1,012ft2 and lowered
the overall height of the proposed second story by 6.16' compared to the original plans to
minimize the view impairment from surrounding neighbors.
Section 11: That the Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. There is only 1 residence
(28019 Ambergate Drive) that would be affected by the proposed project, although negligible.
When considering the minimal view impairment caused by the proposed project together with
the same amount of view impairment that would be caused by similar new structures on other
parcels; the cumulative impact would also be minimal.
Section 124 That the Height Variation is warranted since the proposed new residence
complies with all other code requirements of Title 17 of the City of Rancho Palos Verdes
Municipal Code.
Section 13: That the Height Variation is warranted since the proposed additions are
compatible with the immediate neighborhood character. Based on the analysis of the area, it is
found that the proposed resulting structure is consistent with the immediate neighborhood in
regards to architectural style, mass and bulk, number of stories, roof design, scale, orientation,
setbacks, open space, texture, color, and building materials.
Section 14: That the Height Variation is warranted since the addition to the existing
structure that is above 16' in height does not result in an unreasonable infringement of the
privacy of the occupants of abutting residences. There are no windows proposed to the north
and east fagade. The only neighbor that may have any impact would be the abutting neighbor
to the west. However, due to the location of the proposed second floor and the 35' distance
between the west property line and the closest exterior fagade of the second floor, the only view
that would be gained by the proposed second floor would be of the ocean over the neighbor's
roof.
Section 15: That the Minor Exception is warranted to avoid inconsistencies with the
general intent of the code. The Building Code requires a guardrail on top of the proposed
retaining wall and that the guardrail not be less than 3'-6" in height. The resulting height of the
new combination wall (retaining wall and guardrail)will be 10'-5". Given that the retaining wall is
an integral part of the new residence and a 3'-6" guardrail is the minimum requirement per the
Building Code, the Minor Exception Permit is warranted to avoid inconsistencies.
Section 164 Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, September
12, 2007. A $1,344.00 appeal fee must accompany any appeal letter. If no appeal is filed
timely, the Planning Commission's decision will be final at 5:30 PM on September 12, 2007.
Section 174 For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby approves the Height Variation, Grading Permit, Minor Exception Permit and Site Plan
Review to allow for demolition of an existing 2,397ft2 single-story residence and the construction
of a new 3,746ft2 two-story residence (Case No. ZON2006-00491).
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PASSED, APPROVED AND ADOPTED this 28th day of August 2007, by the following vote:
AYES: qommlssioner Kars, Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman.
Perestam
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Chairman Gerstner
Bill Gerstner,
Chairman
PA
Joel Rojas, AICD
Director of Planning, Building
and Code Enforcement; and,
Secretary of the Planning Commission
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Exhibit" "
Conditions of Approval
Case No. ZON2006-00491 (FIV, GR, MEP &SPR)
6913 Maycroft Drive
General
1. Approval of this Height Variation, Grading Permit, Minor Exception Permit and Site Plan
Review shall not be construed to mean any waiver of applicable and appropriate zoning
regulations, or any Federal, State, County, and City laws and regulations. Unless
otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
2. The approval shall become null and void after 180 days from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the "plan
check" review process, pursuant to Section 17.86.070 of the City's Development Code.
This approval shall become null and void if, after initiating the "plan check" review
process, or receiving a building permit to begin construction, said, "plan check" or permit
is allowed to expire or is withdrawn by the applicant.
3. The applicant/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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. The Director of Planning, Building, and Code Enforcement is authorized to approve
minor modifications to the conditions of approval and/or the approved plans, provided
such modifications will achieve substantially the same results as would strict compliance
with the original plans or conditions.
5. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through Saturday. No
work is permitted on Sundays or legal holidays. Trucks and other construction vehicles
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 above.
6. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties 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.
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9. Prior to the commencement of construction, the applicant shall obtain all applicable
permits as required by the Building and Safety Division.
Height Variation, Grading Permit, Minor Exception Permit and Site Plan Review
10. This approval allows the demolition of an existing single-story residence and the
construction of a new 3,746ft2 two-story residence as a replacement. The approval also
includes 296yd3 of grading to accommodate the basement level and a 10'-5"
combination wall (6-11" retaining wall & 3'-6" guardrail) in the side yard (west).
11. The crawl space in the basement shall be constructed and remain as non-habitable
space as defined in the Uniform Building Code.
12. The roofing material must be of Class A rating and shall not be cap-sheet only.
Additionally, the entire structure shall have a consistent roofing material.
13. The height of the new residence and combination wall shall not exceed the
measurements shown on the stamped plans, approved by the Planning Department.
The maximum height of the additions shall not exceed 26', as measured from the point
where the lowest foundation or slab meets the finished grade, to the ridgeline or highest
point of the structure. 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.
14. The approved project shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 20' front, 15'
rear, and 5' sides. SETBACK 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 THE POURING OF FOUNDATIONS.
15. The garage shall maintain a minimum interior clearance of 18' (width) by 20' (depth).
16. The approved project shall maintain 43%, but in no case shall exceed 50% maximum lot
coverage.
17. All foliage in the rear (south)and side (east) yard shall be trimmed and maintained to the
height of the second floor ridgeline.
18. The required front-yard setback area of the lot shall be at least fifty (50) percent
landscaped.
19. Prior to the issuance of Building Permits, the developer shall show on the plans a sump
pump system that includes a back-up sump pump and back-up generator, subject to
review and approval by the City's Building Official. Said sump pump system shall be
installed prior to issuance of a Certificate of Use and Occupancy for the residence.
20. The property owner shall be responsible for maintain an operable back-up generator.
Prior to issuance of certificate of use and occupancy, the back-up generator shall be
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installed and include an alarm warning system that will ensure the continued
maintenance of the generator, subject to review and approval of the Building Official.
21. Subject to review and approval by the Director of Planning, Building and Code
Enforcement, prior to the certificate of use and occupancy, the owner shall record a
covenant on the property that indicates that the [property has a back-up generator and
the property owner is responsible for maintaining such generator.
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