PC RES 2010-012 P.C. RESOLUTION NO. 2010-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A COASTAL PERMIT, HEIGHT VARIATION,
MINOR GRADING PERMIT & SITE PLAN REVIEW
(PLANNING CASE NO. ZON2009-00181) FOR A 1,734.5
SQUARE FOOT ADDITIONTO THE EXISTING RESIDENCE
AND 48 CUBIC YARDS OF GRADING AT THE PROPERTY
LOCATED AT 23 MARGUERITE DRIVE.
WHEREAS, on May 6, 2009, the property owners, Mr. and Mrs. Shey, submitted a
Coastal Permit, Height Variation, Minor Grading Permit and Site Plan Review application to
the Community Development Department for review and processing requesting approval to
construct a new 1,734.5 square foot addition to the existing residence and 48 cubic yards
of grading. On June 4, 2009, Staff completed the initial review of the application, at which
time the application was deemed incomplete due to missing information on the project
plans; and,
WHEREAS, Staff deemed the application complete on March 1, 2010; and,
WHEREAS, on March 4, 2010, Staff mailed notices to 23 property owners within a
500-foot radius from the subject property, providing a 30-day time period for the submittal
of comments and concerns. In addition, a Public Notice was published in the Peninsula
News on March 4, 2010; 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 seg., 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 Coastal Permit,
Height Variation, Minor Grading Permit 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(e)(2)); 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 April 13, 2010, at which time all interested parties were given an opportunity to be heard
and present evidence; and,
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 Coastal Permit to allow the construction 1,734.5 square feet
to the existing residence:
A. The proposed improvements requested by the applicant are consistent with the
Coastal Specific Plan land use designation of residential since the proposed
addition will be attached to the existing residence and will not alter the existing
primary residential land use of the property.
B. The proposed project complies with the policies of the Coastal Act in that the project
site is not required to provide public access to the shoreline or to recreational areas
because of the extreme slope that exists between the shoreline and the bluff top.
Furthermore, the property does not extend to the shoreline, but is separated by
adjacent privately owned property.
Section 2: The Planning Commission makes the following findings of fact with
respect to the application for a Height Variation to allow the construction 1,734.5 square
feet to the existing residence:
C. The applicant has complied with the Early Neighbor Consultation process
established by the City by obtaining the Community Development Director's
permission to provide addressed, stamped postage envelopes, a copy of the mailing
list, reduced copies of the plans and a letter with a description of the proposed
project to the City to mail to all property owners within a 500 foot radius.
B. The Height Variation is warranted since the proposed two-story residence which
exceeds sixteen feet in height does not significantly impair a view from public
property (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 due to the topography in the area and the location of
the subject property.
C. The Height Variation is warranted since the proposed two-story addition that
exceeds sixteen feet in height is not located on a ridge or promontory. The subject
property is located within a fully developed single-family residential neighborhood,
on an existing pad lot and does not overlook any other single-family residences.The
residence is not located on a ridge or a promontory, as defined in the Municipal
Code.
D. The Height Variation is warranted because the portions of the new residence which
exceed sixteen feet in height, when considered exclusive of existing foliage, do not
significantly impair views the Pacific Ocean from the viewing area of another parcel
due to the site design and configuration of the proposed residence.
E. The Height Variation is warranted since there is no significant cumulative view
impairment caused by granting the application. Cumulative view impairment shall
be determined by: (a) considering the amount of view impairment that would be
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caused by the proposed new structure that is above sixteen feet in height or
addition to a structure that is above sixteen feet in height; and (b) considering the
amount of view impairment that would be caused by the construction on other
parcels of similar new structures or additions that exceed sixteen feet in height.
F. The Height Variation is warranted as the proposed addition complies with all other
Code requirements, including the RS-1 zoning district development standards with
respect to lot coverage and setbacks, and the off-street parking requirements for
single-family residences.
G. The Height Variation is warranted as the proposed addition is compatible with the
immediate neighborhood character in terms of the scale of surrounding residences,
architectural style and bulk and mass. The square footage, proposed lot coverage
and setbacks, are consistent with those of the surrounding properties. The
architectural style of the proposed residence would utilize similar architectural
material and styles found in the immediate neighborhood.
H. The Height Variation is warranted since the new residence would not create an
unreasonable infringement of the privacy of the occupants of abutting residences
Section 3: With respect to the Minor Grading Permit to allow 48 cubic yards of
grading at a maximum depth of 3'-0", approval of the Minor Grading Permit is warranted
because the grading is necessary for the permitted primary use of the lot, will not
significantly adversely affect the visual relationships or views from neighboring properties,
will not significantly alter the existing land, will not affect existing landscapes or wild life
habitats, and will not occur on a slope. Furthermore, the proposed grading is consistent
with all of the grading permit criteria found within the City's Development Code.
Section 4: With respect to the Site Plan Review to allow the 1,734.5 square foot
addition to the existing residence, approval of the Site Plan Review is warranted because
the proposed additions would comply with the required residential development standards
with regard to setbacks, lot coverage and the maximum allowable heights as presented in
the Development Code for the RS-1 zone, including the existing legal, non-conformities.
Section 3: 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
appellant, and accompanied by the appropriate appeal fee, no later than fifteen (15) days
following April 28, 2010, the date of the Planning Commission's final action.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
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Commission of the City of Rancho Palos Verdes hereby conditionally approves a Coastal
Permit, Height Variation, Minor Grading Permit and Site Plan Review (Planning Case
No. ZON2009-00181) for the construction of a new 1,734.5 square foot addition and 48
cubic yards of grading, located at 23 Marguerite Drive, subject to the conditions of approval
in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 13th day of April 2010, by the following vote:
AYES: Commissioners Knight, Leon, Lewis, Tetreault, Vice Chairman Tomblin and
Chairman Gerstner
NOES: None
ABSTENTIONS: None
ABSENT: None
.4J« J1.
Bill Gerstner
Chairman
Joel Roj AICP
,
Commu 7
Develo ent Director
P.C. Resolution No. 2010-12
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2009-00181
(Shey, 23 Marguerite 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 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. Prior to the submittal of plans into Building and Safety plan check, the applicant
shall obtain an encroachment permit from the Director of Public Works for any curb
cuts, dumpsters in the street or any other temporary or permanent improvements
within the public rights-of-way.
3. 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.
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 year 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
Community Development Department and approved by the Director.
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
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in substantial conformance with the plans stamped APPROVED by the City with the
effective date of the Notice of Decision.
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 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. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 25% lot coverage (25% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (43=0"proposed)
South Side 5'-0"feet W-0"existing, no change)
North Side 5 feet (8'40"existing, no change)
Rear 15 feet (128'-0"existing, no change)
12. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
13. A minimum 2-car garage shall be provided,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.
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. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
16. 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
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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.
17. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant prior to the commencement of construction.
Height Variation Conditions:
18. This approval is for the construction of a 1,734.5 square feet of habitable area to the
existing two-story residence. The Community Development Director is authorized to
make minor modifications to the approved plans and any of the conditions of
approval is 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 revision to the
abovementioned applications by the Planning Commission and shall require new
and separate environmental review.
BUILDING AREA CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BULDING OFFICIAL
FOR REVIEW AND APPROVAL PRIOR TO BULDING PERMIT FINAL.
19. The new additions shall maintain a maximum height of 25'-2", as measured from the
lowest finished grade adjacent to the building foundation/slab of the addition.
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. Prior to issuance of a Building Permit, the ficus trees in the pool courtyard, the
Dutch Elm along the north property line and the oleander trees along the north
property line shall be trimmed and maintained at a maximum height 16 feet, as
measured from existing grade, adjacent to the tree.
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