PC RES 2010-036 P.C. RESOLUTION NO. 2010-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A HEIGHT VARIATION AND GRADING PERMIT
FOR THE DEMOLITION OF THE EXISTING RESIDENCE AND
THE CONSTRUCTION OF A NEW 6,010 SQUARE FOOT
RESIDENCE, 925 CUBIC YARDS OF GRADING AND
ASSOCIATED RETAINING WALLS AT 5 VIA CIEGA.
WHEREAS, on July 18, 2008, the property owners, Mr. Rosenber and Ms. Woods,
submitted applications for Planning Case No. ZON2008-00383 for a Height Variation and
Grading Permit to demolish the existing residence and construct a new residence on the
property. On August 12, 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 September 20, 2010, the application for Planning Case
No. ZON2008-00383 was deemed complete by Staff; and,
WHEREAS, pursuantto 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 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, the applicant granted a one time 90-day extension of the Permit
Streamlining Act to reschedule a Planning Commission meeting; 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
November 23, 2010, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of factwith respect
to the application for a Height Variation to allow the construction of a 6,010 square foot two-story
residence, garage and storage space:
A. The applicant has complied with the Early Neighbor Consultation process established by
the City by sending a copy of the plans,via certified mail, to the property owners within a
500 foot radius. The applicant obtained 8 signatures from the properties within 100 feet
(88%) and 30 signatures from the property owners within 500 feet(50%) of the subject
property.
B. The Height Variation is warranted since the proposed two-story residence that 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.
Specifically, due to the location of the property and the topography in the immediate
area, the proposed structure is not visible from a public viewing area or viewing site and
will therefore, not impair a view.
C. The Height Variation is warranted since the proposed two-story residence 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. 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 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. Staff visited three
properties (52, 53, and 54 Avenida Corona and 4524 Palos Verdes Drive East) with
potential view impacts. Although the proposed residence did impair views from 52, 53
and 54 Avenida Corona, the view impairment was less than significant due to the fact
that all three properties have expansive views and the proposed residence would impair
less than 5%of the entire view. The proposed residence would also impair less than 5%
of the expansive view at 4524 Palos Verdes Drive East,with the exception being that the
view impairment would be of a portion of the harbor and bridges. Although a bridge is is
considered a landmark, a residence constructed at 16-0"(by-right)would impair views of
the harbor and bridge. Only the portions of the structure which exceed 16-0",
approximately V-11", are considered for the view analysis. Due to the distance of the
proposed structure from the primary viewing area of 4524 Palos Verdes Drive East,.
reducing the overall height of the proposed residence by V-11" (to 16-0")would not be
discernable from the viewing area. As such, the view impairment from this property is
less than significant.
F. The Height Variation is warranted because the residence has been designed in such a
manner as to reasonable minimize the impairment of view. The applicant has designed
the home with a low, 2:12 pitch roof along the single-story portion of the home that is
creating the minimal view imapce and further reducing the pitch of the roof would not
result in a d impact on the view as seen from the primary viewing area of 4524 Palos
Verdes Drive East, or 52, 53 and 54 Avenida Corona. Further changes to the design of
the project for portions that exceed 16'-0" would not improve any potential view
impairment due to the distance of the project from the neighboring properties and the
fact that any changes would not be visible to the natural eye.
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
P.C. Resolution No. 2010-36
Page 2 of 9
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. All four homes analyzed for the cumulative
view impairment exist as two-story homes and do not currently impair views of the San
Pedro Harbor or Vincent Thomas Bridge.
F. The proposed structure complies with all other Code requirements, including the RS-2
zoning district development standards with respect to lot coverage and setbacks, 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, 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 maintain
the architectural style found in the immediate neighborhood including garages that are
located beneath the main floor of the residence.
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. The
subject lot is located over 30 feet above the street with other surrounding properties
located 20-25 feet above the subject property. Furthermore, privacy impacts are not
created by the proposed residence due to the topography and orientation of the lots and
surrounding residences.
Section 2: The Planning Commission makes the following findings of fact with respect
to the Grading Permit to allow the new residence and other ancillary site improvements can be
approved because:
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 (925 cubic yards of grading) is necessary to accommodate the new
single-family residence, whereby the garage is located beneath the main living area.
Furthermore, the retaining walls are necessary to add additional yard area and support
to the surrounding hillsides while widening the driveway for easier ingress and egress.
B. The proposed grading and related construction does not significantly adversely affectthe
visual relationships with nor the views from the viewing area of neighboring properties.A
portion of the lot will be lowered to accommodate a new garage beneath the main living
area. An additional portion of the lot will be filled 5" above the highest existing grade,
from elevation 200.53' to 201.00', and would not adversely affect the views from the
viewing area other parcels. This is due to the distance of other parcels with expansive
views of the San Pedro Harbor. Reducing the building pad by 5" will not make a
difference to the overall view of the San Pedro Harbor or Vincent Thomas Bridge from
surrounding properties.
C. The nature of the grading will minimize disturbances to the natural contours and finished
P.C. Resolution No. 2010-36
Page 3 of 9
contours are reasonable natural. The overall pad has a slight slope (less than 5%) and
the applicant is proposing to grade a portion of it to create a flat finished pad. In addition,
a portion of the property would be excavated to accommodate a garage beneath the
main living area while reducing the slope of the driveway and increasing the area for
turnaround. The retaining walls would not create new slopes, but instead follow the
existing contours of the land.
D. The grading takes into account the preservation of natural topographical features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into natural topography. The only contours that would be altered
would be along the driveway to provide a less steep slope; however,the proposed grade
would not be uncommon for driveways in hillside areas. The proposed retaining walls
would follow the natural contours of the hillside, while supporting the dirt. The series of
3'-6" tall retaining walls surrounding the pool will be set apart by a minimum of 3'-6" and
will be used as planters.
E. The new single-family residence, the grading and 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 grading conforms to the City's standards for grading on slopes, cut and fill and
finished slope contours. Specifically, the proposed grading would not occur on an
extreme slope (35% or greater) and the proposed grading will not significantly alter the
contours of the lot and no finished slopes that exceed 35% will be created.
H. The 2'-6"to 10'-0"tall upslope retaining wall and multiple 3'-6"downslope retaining walls
can be supported as the retaining walls would provide a reasonable development of land
as noted in Section 17.76.040 of the Municipal Code. Approving the deviations to the
grading standards allows the applicant to provide retaining walls and planting areas that
would help support the adjacent slopes that are located near the driveway, residence
and proposed pool. Further, retaining walls are common within the hillside neighborhood.
Approval of the retaining walls would not constitute a special privilege with the limitations
upon other properties in the vicinity due to the hillside topography. Further,the retaining
walls would not be detrimental to the public safety, nor to other property as the City's
geotechnical consultant will be required to approve a soil engineering report for the
grading and retaining walls. Lastly, the 2'-6"to 10'-0"tall upslope retaining wall would be
located behind the residence and would not be visible from the street or other
surrounding properties, while the multiple 3'-6" tall retaining walls would not be easily
visible due to the fact that they will be planted with foliage.
P.C. Resolution No. 2010-36
Page 4 of 9
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)(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 November
23, 2010, 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 and Grading Permit (Planning Case No. ZON2008-00383) for the construction of a
new 6,010 square foot residence, garage and storage area, including 925 cubic yards of grading
to accommodate the new residence, driveway, pool and retaining walls located at 5 Via Ciega,
subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 23rd day of November 2010, by the following vote:
AYES: Commissioners Emenhiser, Leon, Lewis, Tetreault and Vice Chairman Tomblin
NOES: Commissioner Knight
ABSTENTIONS: None
ABSENT: Chairman `Gerstner
Bill Gerstner
Chairman
Joel Roj JCP
Com mu
it y Develom nt Director
Secreta t the Pla ing Commission
P.C. Resolution No. 2010-36
Page 5 of 9
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2008-00383
(Rosenber and Woods, 5 Via Ciega)
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 Director 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
P.C. Resolution No. 2010-36
Page 6 of 9
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 45% lot coverage (31% proposed) and the following
setbacks from the applicable property lines:
Front 20 feet(63'-0"proposed)
Side West 5 feet(54'-10"proposed)
Side East 5 feet(34'5"proposed
Rear 15 feet(15'-1"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.
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.
P.C. Resolution No. 2010-36
Page 7of9
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 4,884 square foot residence, 814 square foot
garage and 312 square foot storage area next to the garage. The overall square footage
of the residence, garage and storage area would be 6,010 square feet. 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 BUILDING PERMIT FINAL.
19. The new residence shall maintain a maximum height of 25-11", as measured from the
lowest finished grade adjacent to the building foundation/slab(elev. 192.6')to the highest
ridgeline of the residence (elev. 218.5'), and 17'-11", as measured from the highest
elevation of the existing building pad covered by the structure (elev. 200.52') to the
highest ridgeline of the residence(elev. 2185). 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 maintain all existing and new trees at a maximum height of 16'-
0" or the ridgeline of the residence,whichever is lower. The trimming of said foliage shall
occur at least once a year after the initial trimming is performed.
Grading Permit Conditions
21. One (1) 2'-6" tall to 10'-0" tall retaining wall is permitted behind the residence and
adjacent to the driveway, per the stamped, approved plans.
22. A series of 3'-6" tall retaining walls are permitted adjacent to the new swimming pool as
depicted on the stamped, approved plans.
23. The grading shall not exceed a total of 925 cubic yards of dirt. Specifically, the grading
shall follow the cut and fill quantities listed below:
Excavation
a) 149 cubic yards of excavation for the garage
b) 130 cubic yards of excavation for the basement (living and storage)
c) 210 cubic yards of excavation for the driveway
d) 88 cubic yards of excavation for the yard area
e) 39 cubic yards of excavation for the swimming pool
P.C. Resolution No. 2010-36
Page 8 of 9
Fill
e) 73 cubic yards of fill for the house
f) 20 cubic yards of fill for the driveway
g) 216 cubic yards of fill in the yard areas
24. 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.
27. The spark arrestors on the chimneys shall be the shortest spark arrestor required by
the manufacturers specifications for the type of fireplace installed.
P.C. Resolution No. 2010-36
Page 9 of 9