PC RES 2010-018 P.C. RESOLUTION NO. 2010-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A GRADING PERMIT AND SITE PLAN
REVIEW FOR THE CONSTRUCTION OF A 3,889 SQUARE
FOOT RESIDENCE, 770.3 SQUARE FOOT GUEST HOUSE,
921.4 SQUARE FOOT POOL HOUSE AND 326.3 SQUARE
FOOT STUDIO; AND 2,128 CUBIC YARDS OF GRADING
(PLANNING CASE NO. ZON2009-00303) AT 2822 COLT
ROAD.
WHEREAS, on July 31, 2009, the property owner, Mr. Bender, submitted
applications for Planning Case No. ZON2009-00303 for a Grading Permit and Site Plan
Review to allow a new 2-story residence to be constructed on the existing pad lot with a
total of 2,128 cubic yards of grading. On August 10, 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, on April 19, 2010, the application for Planning Case
No. ZON2009-00303 was deemed complete by Staff; 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 approval of the requested 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 on May 4, 2010, in accordance with the Interpretation Procedure
dictated by RPVMC Section 17.90.030, the Director issued a Zoning District Boundary
Interpretation that the property owner has submitted the require geotechnical reports to
demonstrate that the location of the Open Space Hazard zoning boundary line can be
moved 30 feet to the south.
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 May 11, 2010, at which time all interested parties were given an opportunity to be heard
and present evidence; and,
WHEREAS, the Planning Commission continued the public hearing to May 25,
2010; and,
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: With respect to the Grading Permit to allow the new residence and other
ancillary site improvements:
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 (2,128 cubic yards of cut and fill) and 3 retaining walls is
necessary and the best alternative to accommodate the new single-family
residence, garage, accessory structure and driveway. The applicant is proposing to
grade down the building pad to accommodate a two-story residence that is
compatible with the neighborhood, as opposed to building a two-story residence
from existing grade. The applicant is also proposing 3 retaining walls that would not
be highly visible and are commonly found in the hillside residential neighborhood.
B. The grading and related construction does not significantly adversely affect the
visual relationships with nor the views from the viewing area of neighboring
properties. The property was previously graded to accommodate the construction of
a new single-family residence. A large amount of the proposed grading (748 cubic
yards of cut) is proposed to lower the existing building pad of the main residence
and accessory structures. A total of 650 cubic yards of fill will be returned to the
west and east sides of the pool house and guest house to gradually follow the
contours of the natural topography thereby minimizing any potential visual
relationships or views from neighboring properties to a less than significant level as
the structures would barely be visible due to the new terrain. This grading criterion is
further satisfied due to the fact that the height of the proposed main structure is
lower than a structure that could be built in the same location on the lot if measured
from existing grade. Further, the two retaining walls would not be easily visible from
surrounding neighbors and the driveway way retaining wall is commonly found
within the hillside neighborhood.
C. The nature of the grading minimizes disturbances tot eh natural contours and
finished contours are reasonably natural. Any disturbances to the exiting contours
are relatively minor and are necessary to allow for construction of a new two-story
residence that does not exceed a maximum height 16'-0", as measured from the
highest existing grade. Further, the lot is zoned for residential development, and can
accommodate a new single-family residence and associated retaining walls.
D. The grading and retaining walls would preserve the natural topographic features
and appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into natural topography. Specifically, the property was
previously graded to create a building pad for the construction of a single-family
residence. The proposed grading would accommodate the construction of a new
two-story residence with a lower pad elevation in order to maintain the "by-right"
building height of 16'-0". Further, if the applicant did not lower the grade to
accommodate the new structure, the applicant could construct a structure in the
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same location at the same height "by-right". In order to minimize the quantity of
export, the dirt that is excavated will be returned to areas around proposed
structures.
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.
G. The proposed grading conforms with the standards for grading on slopes, height of
cut and fill and height of retaining walls with the exception of one additional retaining
wall, beyond the code allowance, grading on an extreme slope in an Open Space
Hazard Zone and the creation of a slope that exceeds 35%. Per Municipal Code
Section 17.76.040(E)(10), the Planning Commission hereby grants a grading permit
for development in excess of that permissible under subjection 17.76.040(E)(9)
upon the following finidings:
a. The first eight criterion in subsection (E)(1)through (E)(8) of Municipal Code
Section 17.76.040 have been met.
b. The grading request is consistent with the purpose of Municipal Code
Section 17.76.040 which states "the purpose of the chapter is to provide
reasonable development of land, ensure that maximum preservation of the
scenic character of the area, ensure that the development of properties
occurs in a manner harmonious to adjoining properties, and that the project
complies with the goals and policies of the General Plan." Approving the
deviations to the grading standards allows the applicant to construct an
additional retaining walls that would support a driveway extension and small
garden where a freestanding wall could be constructed by right. Allowing the
applicant to grade on the extreme slopes provides the necessary driveway
extension as well as returning the excavated dirt to other portions of the
property to match the existing terrain and then gradually lessen the slope
percentage as the fill moves toward the additions.
c. Approval of the grading will not constitute a special privilege with the
limitations upon other properties in the vicinity. The surrounding
neighborhood is inundated with hillside properties that grade to utilize
retaining walls or provide transitional slopes between properties. Further,
grading on extreme slopes is common in the immediate neighborhood for the
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creation of driveways and the proposed grading will not constitutes a special
privilege.
d. Departures from the grading standards will not be detrimental to the public
safety, nor to other property as the City's geotechnical consultant has
reviewed and approved a soil engineering report for the grading and retaining
wall. Furthermore, the City,prior to issuance of building permits, requires that
the structure and all retaining walls be engineered to meet the requirements
of the building code.
Section 2: With respect to the Site Plan Review with Neighborhood Compatibility
to allow the new residence and other ancillary site improvements; the proposed project
meets all of the code requirement with respect to building height, lot coverage and
setbacks and is designed to be compatible with the surrounding neighborhood. More
specifically, the residence will not be larger than the largest home in the neighborhood and
will be proportional, in terms of scale, to the neighboring residences, therefore keeping with
the original character, style and setting of the neighborhood. The design minimizes the
appearance of the residence as seen from neighboring properties by lowering the pad
elevation and grading (fill) around the accessory structures to allow the hillside to
encompass the side facades of said structures. The orientation, configuration and scale of
the main new residence would be in-line with the other residences in the neighborhood and
the modern design materials would be compatible with straight lines varying materials that
can be found throughout the immediate area.
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 May 25, 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
Commission of the City of Rancho Palos Verdes hereby conditionally approves a Grading
Permit and Site Plan Review(Planning Case No. ZON2009-00303)for the construction of
a new 3,889 square foot two-story residence, 770.3 square foot guest house, 921.4 square
foot pool house, 326.3 square foot studio, and 2,128 cubic yards of grading, located at
2822 Colt Road, subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 25th day of May 2010, by the following vote:
AYES: Commissioners Knight, Leon, Lewis and Chairman Gerstner
NOES: None
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ABSTENTIONS: Commissioner Emenhiser
ABSENT: Commissioners Tetreault and Vice Chairman Tomblin
Bill Gerstner
Chairman
Joel oja , AICP
Com uni y Devel ment Director
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2009-00303
(Binder, 2822 Colt 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. 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
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 permitting agency or City department, the stricter standard
shall apply.
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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 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 40% lot coverage (34.56% proposed) and the
following setbacks from the applicable property lines:
Front 20 feet (24'-0"proposed)
Side (west) 5 feet (23'-0"proposed)
Side (east) 5 feet (36'-0"proposed
Rear 20 feet (29'-0"proposed)
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. The
project includes the construction of a 3-car garage.
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.
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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
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.
18. This approval is for the construction of a 3,889 square foot 2-story residence, 770.3
square foot guest house, 921.4 square foot pool house and 326.3 square foot
studio. The overall square footage of the residence, garage and accessory
structures would be 5,907. BUILDING AREA CERTIFICATION IS REQUIRED. A
LICENSED CIVIL ENGINEER OR SURVEYOR SHALL PREPARE THE
CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S
BOLDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO BULDING
PERMIT FINAL.
19. The new residence shall maintain a maximum height of 20'-0", as measured from
the lowest finished grade adjacent to the building foundation/slab (elev. 1265) to
the highest ridgeline of the residence (elev. 1465). 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. The property owner shall remove all existing trees on the building pad of the existing
lot prior to final on the Building Permit.
Grading Permit Conditions
21. One (1) 5-0" tall downslope retaining wall is permitted adjacent to the proposed
driveway, per the stamped, approved plans.
22. One (1) upslope retaining walls are permitted adjacent to the proposed guest house
ranging in height from V-0" to 8'-0".
23. One (1) upslope retaining wall ranging in height from 2'-0" to 5'-0" is permitted to
accommodate a small garden between the proposed studio and main residence.
24. The grading shall not exceed a total of 2,128 cubic yards of dirt. Specifically, the
grading shall follow the cut and fill quantities listed below:
Excavation and Fill
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a) 748 cubic yards of excavation beneath the proposed structures
b) 530 cubic yards of excavation outside of the proposed structures
c) 200 cubic yards of fill beneath the proposed structures
d) 650 cubic yards of fill outside of the proposed structures
25. Other than the required spark arrestors, there shall not be any
decorative/architectural features on the tops of the chimneys. Since a spark
arrestor is required for every chimney, the spark arrestor shall be considered part
of the chimney. Therefore, The proposed chimneys shall not be any higher than
the minimum height required by the Uniform Building Code.
26. The spark arrestors on the chimneys shall be the shortest spark arrestor required
by the manufacturers specifications for the type of fireplace installed.
27. The applicant shall record a covenant against the title of the property stating that
the accessory structures will not be utilized or rented as a second dwelling unit
without obtaining the appropriate Planning Entitlements and Building Permits.
The covenant shall state that the applicant will promise, covenant and agree that
cooking facilities such as a stove, oven, range, or any other built-in appliances
related to food preparation will not be installed without review by the Community
Development Department.
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