PC RES 2010-029 P.C. RESOLUTION NO. 2010-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A
HEIGHT VARIATION AND MINOR GRADING PERMIT(PLANNING
CASE NO. ZON2009-00147) TO DEMOLISH THE EXISTING
RESIDENCE AND CONSTRUCT A NEW 4,207 SQUARE FOOT
RESIDENCE WITH 26 CUBIC YARDS OF GRADING AT THE
PROPERTY LOCATED AT 27513 LONGHILL DRIVE.
WHEREAS, on April 23, 2009,the property owners, Mr. and Mrs. Chao, submitted a Height
Variation and Minor Grading Permit application to the Community Development Department for
review and processing requesting approval to construct a new two-story residence and 26 cubic
yards of grading. On May 13, 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 April 26, 2010; and,
WHEREAS, on May 3, 2010, Staff mailed notices to 105 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 May 6, 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. 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 Height Variation and Minor Grading Permit 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 June 8,2010,
at which time all interested parties were given an opportunity to be heard and present evidence;and,
WHEREAS, on June 8, 2010, the applicant granted a 90-day extension to the Permit
Streamlining Act and the Planning Commission continued the public hearing to July 27, 2010 and
subsequently September 14, 2010 to allow the applicant to consider design modifications; 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 Height Variation to allow the construction of a new 4,207 square foot residence:
A. The applicant has complied with the Early Neighbor Consultation process established by the
City by obtaining signatures from a minimum of 60%(67%obtained)of the 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 of any City-protected views such as the Pacific Ocean, coastline views,distant
mountain views or distant city light views from the viewing area of another parcel due to the
location of the proposed residence and topography in the surrounding neighborhood.
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 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-5 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 applicant has provided a number of design treatments, such as
multiple roof lines and undulating facades,that soften the appearance of the two-story home
from all sides of the residence. The 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 due to the
fact that the applicant will be required to utilize clerestory windows along the south side
facade of Bedroom#3 on the second story.
Section 2: With respect to the Minor Grading Permit to allow 26 cubic yards of grading,
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 orviews
from neighboring properties, will not significantly alter the existing land, will not affect existing
landscapes orwild 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 and will
eliminate an existing drainage problem.
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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 September 14,2010,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 Height Variation and Minor Grading Permit
(Planning Case No. ZON2009-00147) for the demolition of the existing 2,100 square foot single-
story residence and the construction of a new 4,207 square foot two-story residence and 26 cubic
yards of grading, located at 27513 Longhill Drive, subject to the conditions of approval in the
attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 14th day of September 2010, by the following vote:
AYES: Commissioner Emenhiser, Vice Chairman Tomblin, and Chairman Gerstner
NOES: Commissioner Knight
ABSTENTIONS: None
ABSENT: Commissioners Lean, Lewis and Tetreault
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Bill Gerstner
Chairman
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Joel Rojas, AICP
Community Development Director
P.C. Resolution No. 2010- 29
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2009-00147
(Chao, 27513 Longhill 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 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:
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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 52% lot coverage(48.6%proposed)and the following setbacks from
the applicable property lines:
Front 20 feet(21'0"proposed)
South Side 5'-0"feet(7'-0"proposed)
North Side 5 feet(5'-0"proposed)
Rear 15 feet(18=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.
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 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 forthe demolition of the existing single-story residence and the construction
of a new 4,207 square foot 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
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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 BOLDING OFFICIAL FOR REVIEW AND APPROVAL
PRIOR TO BULDING PERMIT FINAL.
19. The new residence shall maintain a maximum height of 24'-8",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. The second-story window along south facing side facades of Bedroom#3 shall be clerestory
windows. Prior to submittal of plans into Building and Safety Division Plan Check, the
Applicant shall revise the plans so that the window is shown as clerestory.
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