PC RES 2009-012 P.C. RESOLUTION NO. 2009-12
RESOLUTION F THE PLANNING COMMISSION F THE
CITY OF RANCHO PALOSVERDES CONDITIONALLY
APPROVING EI T VARIATION, GRADING PERMIT
AND SITE PLAN REVIEW(PLANNING CAE NO. Z 007-
00486) FOR THE CONSTRUCTIONF A NEW, 6,230®
® T, 2-STORY SINGLE-FAMILY RESIDENCE
WITH A DETACHED, 453-SQUARE-FOOT 1-STORY
CABANA, POOL AND SPA AND 1,056 CUBICY F
RELATED GRADING, L TE T 3450 VIA CAMPESINA
WHEREAS, on October 2, 2007,the applicant, Luigi Schiappa of Elite Homes, Inc.,
submitted an application for Planning Case No. .ZON2007-00486 for a height variation,
grading permit, site plan review and environmental assessment to allow the construction of
a new, 2-story single-family residence, 1-story cabana, pool and spa on a vacant flag lot off
Via Campesina; and,
WHEREAS, on March 23, 2009, the application for Planning Case
No. ZON2007-00486 was deemed complete by Staff; and,
WHEREAS, pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA"), the States 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),the City of Rancho Palos Verdes prepared an Initial Study and determined that
there is no substantial evidence that the approval of Planning Case No. ZON2007-00486
would result in a significant adverse effect on the environment. Accordingly, a Draft
Negative Declaration was prepared and circulated for public review for twenty (20) days
between March 23, 2009 and April 13, 2009, and notice of that fact was given in the
manner required by law; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning Commission
held a duly noticed public hearing on April 28, 2009, at which time all interested parties
were given the opportunity to be heard and present evidence, and,
WHEREAS, at its April 28, 2009, meeting, after hearing public testimony, the
Planning Commission adopted P.C. Resolution No. 2009-11 making certain findings
related to the requirements of the California Environmental Quality Act (CEQA) and
adopted Negative Declaration for the proposed project.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HERESY 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 6,230-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 26% of the property owners within a 500-foot radius of the subject property
and 71% of the property owners within a 100-foot radius of the subject property.
B. 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 only one of a series of similar graded and developed pad and flag lots
that comprise the neighborhoods along Via Campesina and Rollingridge Road.
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. As a result of the mailed and published notices and the
temporary silhouette,the City received no objections to the proposed project on the
basis of view impacts. The building envelope of the current proposal is substantially
the same as that of an expired 2004 proposal for the same property. Based upon
the project silhouette, the elevation and orientation of surrounding residences, and
the view-impact analysis associated with the previous 2004 approval,the proposed
project in excess of the 16-foot height limit has no adverse impacts upon the view
from the viewing area of another parcel.
E. There is no significant cumulative view impairment caused by granting the
application. The construction of a similarly-designed structure or addition to an
abutting residence would result in no view impairment for upslope properties to the
south of the subject property.
F. The proposed structure complies with all Code requirements, including the RS-2
zoning district development standards with respect to lot coverage and setbacks for
City-created lots, and the off-street parking requirements for single-family
residences.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, including total square footage and lot
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coverage of the residence; 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 materials; and front-, side-,
and rear-yard setbacks. The proposed project will result in a 6,638-square-foot
overall structure size, which is 2,106 square feet (or 46%) larger than the average
home and 655 square feet (or 9%) smaller than the largest home. The proposed
residence would be the third largest home in the immediate neighborhood, falling
within the upper half of the range of existing home sizes. The proposed project
employs a Mediterranean architectural style that is compatible with the surrounding
homes, and does not detract from the unique architectural character of the abutting
Lloyd Wright-designed Bowler Residence at 3456 Via Campesina. The proposed
project meets or exceeds all of the minimum setback requirements for the RS-2
zoning district and complies with the 40-percent lot coverage limitation, which is
consistent with the established pattern of setbacks and development in the
immediate neighborhood.
H. The proposed structure does not result in an unreasonable infringement of privacy
of the occupants of abutting residences. The upper-level west facade facing 3440
Via Campesina includes only small windows in a powder room and computer room,
which are not main living areas for the proposed residence. The upper-level north
facade facing 3456 Via Campesina includes an entry terrace and windows in the
living room, which is a main living area for the residence. However, this portion of
the residence is located roughly seventy-five feet (75') from the nearest portion of
the Bowler Residence and roughly one hundred feet (100') from the Bowler
Residence pool. The upper-level east facade facing 3458 Via Campesina and 3462
Via Campesina includes windows in the dining room, pantry, kitchen and utility
room. The pantry and utility room are not main living areas for the proposed
residence. The dining room and kitchen windows primarily overlook the existing
tennis court in the rear yard at 3458 Via Campesina. The upper-level north facade
facing 3466 Via Campesina includes windows in the master bedroom and an
adjacent outdoor patio area. However, these windows and patio area are roughly
forty feet (40') below the pad elevation of the abutting residence.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a grading permit for 1,056 cubic yards of grading for the
construction of the proposed single-family residence on the subject property:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Based upon the underlying RS-2 zoning designation, the primary
permitted use of the property is for single-family residential development. The site
was previously improved with horsekeeping facilities for the abutting Bowler
Residence. Most of the proposed grading would occur within the footprint of the
proposed residence.
P.C. Resolution No. 2009-12
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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. In cases where grading is proposed for a new residence or
an addition to an existing residence, this finding shall be satisfied when the
proposed grading results in a lower finished grade under the building footprint such
that the height of the proposed structure, as measured pursuant to Section
17.02.040(B) of this Title, is lower than a structure that could have been built in the
same location on the lot if measured from preconstruction (existing) grade. As
discussed above in the Height Variation findings, the proposed project has no
impacts upon views from the viewing area of any nearby residences. There is some
fill proposed outside the building footprint at the front of the house so as to comply
with the 26-foot height limit. However, the placement of this fill does not affect
views from neighboring properties.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The "natural" contours of the subject
property are the result of the grading of the lot when it was originally developed in
the mid-1960s. With the exception of the building footprint and the motorcourt area,
the remainder of the property will largely retain its original graded and terraced
contours.
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. There is no evidence that any
significant natural topographic features will be disturbed or destroyed 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 above in the
Height Variation findings, Staff believes that the proposed project is compatible with
the character of the immediate neighborhood in terms of the project's size, scale,
bulk, mass and other characteristics.
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.
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.
H. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation. There is no evidence
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that any natural landscape or wildlife habitat will be disturbed or destroyed by the
proposed grading.
I. The grading conforms with the minimum standards for depth of fill, steepness of
finished slopes, upslope retaining wall location and driveway slope established
under Section 17.76.040(E)(8) of the Development Code.
J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code,the proposed 8-foot depth of cut is reasonable and necessary. Grading down
allows a split-level 2-story structure to be built on the site without exceeding the 16-
foot height limit as measured from the highest grade covered by the structure. It
also allows for an 8-foot-tall step within the building foundation, which is consistent
with the standards for the development of homes on upslope lots.
K. The proposed grading deviates from City standards regarding the height of the
downslope retaining walls in the front and easterly side yards of the property. Such
deviation may be granted based upon the following additional findings:
1. The criteria of subsections (E)(1)through (E)(8)of Section 17.76.040(E)are
satisfied. As discussed above in the Grading Permit findings, all of the
criteria (E)(1) through (E)(8) are satisfied by the revised project.
2. The approval is consistent with the purposes set forth in subsection A of
Section 17.76.040. Among the stated purposes of the City's grading
regulations are 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 is consistent with these purposes because it will allow for the
reasonable development of a legal lot in an established residential
neighborhood. This will be consistent with the Residential 1-2 DU/acre land
use designation for the area.
3. Departure from the standards in subsection (E)(9) of Section 17.76.040(E)
will not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity. The height of the downslope retaining
wall at the front of the house exceeds 3Y2-foot height standard, but complies
with the requirement for retaining walls adjacent to the driveway or
motorcourt. The 5-foot-tall downslope wall in the easterly side yard replaces
an existing site wall that is failing. The new wall will be screened from view
from the abutting residence at 3458 Via Campesina by the existing tennis
court fencing on that property. It is not unusual for retaining walls to exceed
the Development Code height standards when new homes are proposed on
sloped lots elsewhere in the City. A review of aerial photographs of the
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immediate neighborhood shows that many surrounding properties appear to
have similar retaining walls.
4. Departure from the standards of subsection (E)(9) of Section 17.76.040(E)
will not be detrimental to the public safety nor to other property. The
applicant will be required to obtain a building permit for the proposed
retaining walls and grading, subject to the review of the City's Building
Official and geotechnical consultant. The City's geotechnical consultant has
already reviewed and conceptually approved a geotechnical report for the
proposed project.
5. Notice of such decision shall be given to the applicant and to all owners of
property adjacent to the subject property. Notice of denial shall be given to
only the applicant. Any interested person may appeal the Director's decision
to the Planning Commission and the Planning Commission decision to the
City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of Title 17 (Zoning). Public notification of all adjacent property
owners is required for Planning Commission-level approval of a major
grading application whenever it is necessary to make the exception findings
under RPVDC Section 17.76.040(E)(10). Therefore, public notification of the
approval of this application would be provided to the applicant, his architect,
the owners of the adjacent properties and all other interested parties.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for site plan review for a 453-square-foot, 1-story detached
cabana, pool and spa in conjunction with the proposed single-family residence on the
subject property:
A. The proposed cabana, swimming pool and spa all comply with the development
standards for the RS-2 zoning district.
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)(j),
17.76.040(H)and 17.80.070 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
fifteen (15) days following April 28, 2009, 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 Permit and Site Plan Review(Planning Case No. ZON2007-00486)for
the construction of a new, 6,230-square-foot, 2-story single-family residence with a
detached,453-square-foot 1-story cabana, pool and spa, and 1,056 cubic yards of related
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grading, located at 3450 Via Campesina, subject to the conditions of approval in the
attached Exhibit 'A'.
PASSED,APPROVED,AND ADOPTED thiS28 th day of April 2009, by the following
vote:
AYES: Commissioners Knight, Perestam, Ruttehberg, Tetreault and
Tomblin, Chairman Lewis
NOES: none
ABSTENTIONS: none
ABSENT: none
RECUSALS: Vice Chairman Gerstner
ey
Chair
Joel R Ja AICP
Direct r o Plannin uilding
and C d Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 200912
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EXHIBIT 'A'
CONDITIONS F APPROVAL
PLANNING S 2007- 4 6
(Schiappa, 3450 Via a peaina)
General Conditions:
1. Priorto 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 a new, 6,230-square-foot 2-story single-family residence, 453-
square-foot 1-story detached cabana, pool and spa, and 1,056 cubic yards of
related grading on a vacant lot. 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 permit 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-2 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 permit 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. 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.
11. The following conditions of approval for Tentative Parcel Map No. 25492 shall apply
to this approval:
a. A sewer improvement plan shall be prepared as required by the Director of
Public Works and the County of Los Angeles (Condition No. 10).
b. A sewer connection fee shall be paid to the County Sanitation Districts of Los
Angeles County prior to the issuance of a permit to connect the sewer line
(Condition No. 11).
C. Any new developments shall comply with all requirements of the various
municipal utilities and agencies that provide public services to the property
(Condition No. 12).
d. The property owner is responsible for obtaining an encroachment permit
from the City of Palos Verdes Estates Public Works Department for the
installation of the new sewer line (Condition No. 15).
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e. The property owner shall be responsible for repair to any public streets which
may be damaged during development of the subject parcels (Condition
No. 16).
f. All utilities to and on the lots shall be provided underground, including cable
television, telephone, electrical, gas and water. All necessary permits shall
be obtained for their installation. Cable television shall connect to the
nearest trunk line at the property owner's expense (Condition No. 18).
Height Variation Conditions:
12. This approval is for a 6,230-square-foot, 2-story single-family residence and
attached 3-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
13. The maximum ridgeline of the approved project is 961.50'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
14. The approved residence shall maintain setbacks of 25'front, 25' rear, 42'west side
and 10' east side. BUILDING SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
15. The approved project shall maintain a maximum of 40% lot coverage (30.9%
proposed).
16. A minimum 3-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.
Grading Permit Conditions:
17. This approval is for one thousand fifty-six cubic yards (1,056 CY) of grading,
composed of seven hundred sixty-six cubic yards (766 CY)of cut and two hundred
ninety cubic yards (290 CY)of fill, for a net export of four hundred seventy-six cubic
yards (476 CY). The maximum depth of cut shall be eight feet (8'-0") and the
maximum depth of fill shall be four feet six inches (4'-6").
18. The maximum height of the downslope retaining wall at the front of the house shall
be five feet (5'-0"). The maximum height of the upslope retaining wall adjacent to
the driveway/motorcourt shall be five feet (5'-0"). The maximum height of the
downslope retaining wall in the easterly side yard shall be five feet (5-0"). The
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maximum height of the upslope retaining wall at the rear of the property shall be
eight feet (8'-0").
19. The maximum driveway slope shall not exceed twenty percent (20%).
20. All grading and retaining walls shall be subject to the review and approval of the
City's Building Official and geotechnical consultant.
21. All site drainage facilities shall be subject to final review and approval by the City's
Building Official and City Engineer.
22. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall obtain the approval
of a haul route plan from the Director of Public Works.
Site Plan Review Conditions:
23. This approval is for a 453-square-foot, 1-story detached cabana, swimming pool
and spa.
24. The maximum ridgeline of the cabana is 12.00' from the lowest finished grade
covered bythe structure. BUILDING HEIGHT CERTIFICATION REQUIRED,to be
provided by a licensed land surveyor or civil engineer prior to roof sheathing
inspection.
25. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall submit for
recordation a covenant agreeing that the cabana shall not be used as a second
dwelling unit.
26. Mechanical equipment for the pool and spa shall not generate noise in excess of
65 dBA as measured at the nearest property lines.
27. Pool safety fencing shall be provided in accordance with the provisions of Section
17.76.030(E)(3) of the Rancho Palos Verdes Municipal Code.
28. No fences,walls, gates or other improvements in excess of forty-two inches (42") in
height shall be permitted within the "pole" portion of the lot.
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