PC RES 2011-019 P.0 RESOLUTION NO. 2011-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
HEIGHT VARIATION, GRADING AND SITE PLAN REVIEW PERMIT TO
DEMOLISH AN EXISTING 1-STORY RESIDENCE AND DETACHED
GUEST QUARTERS, AND CONSTRUCT A NEW 6,698 SQUARE FOOT
SINGLE-FAMILY RESIDENCE AND GARAGE, 810 SQUARE FOOT
GUEST QUARTERS AND 256 SQUARE FOOT COVERED PAVILION,
WITH 2,051 CUBIC YARDS OF TOTAL ASSOCIATED GRADING AT
THE PROPERTY LOCATED A 6480 PALOS VERDES DRIVE EAST
AND 1,281 CUBIC YARDS OF TOTAL GRADING ON LOT 4 OF TRACT
32322 (PLANNING CASE NO. ZON2010-00252).
WHEREAS, on July 14, 2010, the applicant submitted a Height Variation,
Grading and Site Plan Review application for the demolition of the existing residence
and detached guest house, and construction of a new 6,698 square foot 1-story single-
family residence and attached 3-car garage, 810 square foot detached guest quarters
and 256 square foot covered pavilion, with 679 cubic yards of total associated grading;
and,
WHEREAS, on August 3, 2010, due to missing information and concerns about
the proposed project from Staff, the application was deemed incomplete; and,
WHEREAS, on October 21, 2010, December 3, 2010, and January 13, 2011,
additional information and revised plans were submitted for review, with Staff deeming
the application complete on January 13, 2011; and,
WHEREAS, on January 14, 2011, Staff mailed notices to 78 property owners
within a 500-foot radius from the subject property, and 4 property owners outside of the
500-foot radius, 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 January
20, 2011; 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, Grading and Site Plan Review application would have a significant
effect on the environment and, therefore, the proposed project has been found to be
categorically exempt (Section 15302); 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 February 22, 2011, at which time all interested parties were given an
opportunity to be heard and present evidence; and,
P.C. Resolution No. 2011-19
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WHEREAS, on February 22, 2011, the Planning Commission reviewed the
applicant's proposal for a new 1-story single-family residence measuring 21'-4" tall and
Staff's recommendation of denial, without prejudice, due to significant view impairment
caused by the portions of the structure exceeding sixteen (16) feet in height; directed
the applicant to re-design the project to reduce the structure height to address the view
impairment concerns; agreed with the applicant to a 90-day extension of the decision
deadline under the Permit Streamlining Act; and continued the public hearing to March
22, 2011; and,
WHEREAS, on March 15, 2011, the applicant submitted revised project plans
that proposed to reduce the proposed height of the new 1-story single-family residence
to a maximum height of 18'-6"; with all other proposed ridgelines to comply with the
sixteen (16) foot by-right height limit for structures on a pad lot; and proposed an
additional 667 cubic yards of cut to lower the pad level of the residence by one foot;
and,
WHEREAS, on March 22, 2011, the Planning Commission reviewed the
applicant's revised proposal for a new 1-story single-family residence measuring 18'-6"
tall and Staff's recommendation of denial, without prejudice, due to possible further
reduction to the proposed residence height in order to further minimize view impairment
cause to neighboring properties; and continued the public hearing to April 26, 2011;
and,
WHEREAS, on March 28, 2011, the applicant submitted revised project plans
that proposed to reduce the proposed height of the new 1-story single-family residence
to a maximum height of 16-6", with all other proposed ridgelines to comply with the
sixteen (16) foot by-right height limit for structures on a pad lot, along with 2,051 cubic
yards of grading on 6480 Palos Verdes Drive East and 1,281 cubic yards of grading on
the adjacent parcel Lot 4 of Tract 32322 (APN 7566-003-020).
WHEREAS, on April 26, 2011, the Planning Commission reviewed the applicants
proposal for a new 1-story single-family residence measuring 16'-6" tall, with a total of
2,051 cubic yards of associated grading at 6480 Palos Verdes Drive East and 1,281
cubic yards of grading on Lot 4.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The applicant has complied with the Early Neighborhood
Consultation process established by the City by obtaining signatures from a minimum of
70% (87% obtained) of the property owners within a 100-foot radius and the signatures
from a minimum of 25% (41% obtained) of the property owners within a 500-foot radius.
Section 2: The Height Variation is warranted since the portions of the
proposed new residence which exceed sixteen feet in height do not significantly impair
a view from public property (parks, major thoroughfares, bike ways, walkways or
P.C. Resolution No. 2011-19
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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.
Section 3: The Height Variation is warranted since the proposed new
residence is not located on a ridge or promontory. The subject property is located
within a hillside community, 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.
Section 4: The Height Variation is warranted because the portions of the new
residence which exceed sixteen feet in height, when considered exclusive of existing
foliage, will not significantly impair City-protected views from the viewing areas of
neighboring properties. Specifically, the portion of proposed new residence above
sixteen feet will not visibly cause further view impairment from what would be already
impacted by the by-right height of sixteen feet.
Section 5: The Height Variation is warranted because proposed portions of the
new residence that exceed sixteen feet in height have been designed to minimize the
impairment of a view. Specifically, the proposed new residence has been reduced so
only one ridgeline will exceed the sixteen foot by-right height limit by six inches, which
will have a negligible impact to the viewing areas of the neighboring properties.
Section 6: The Height Variation-is warranted because granting the application
would cause no significant cumulative view impairment. More specifically, the amount
of cumulative view impairment that would be caused to neighboring properties if a
similar structure, such as the proposed project, were constructed on the adjacent
properties of 30321 Diamonte Drive, 17 Diamonte Drive and Lot 3 of Tract 32322 would
not be considered significant cumulative view impairment.
Section 7: The Height Variation is warranted as the proposed addition
complies with all other Code requirements, including the RS-2 zoning district
development standards with respect to lot coverage, hillside and property line setbacks,
landscaping, and the required garage size for single-family residences that exceed five
thousand (5,000) square feet in size.
Section 8: The Height Variation is warranted because the proposed new
residence design and location is compatible with the character of the immediate
neighborhood. More specifically, the scale and size of the proposed 1-story residence
is comparable to the other sizes of residences in the immediate neighborhood, which
consist of mostly 2-story residences; the proposed architectural style and building
materials of stone veneer and stucco, with dark wood architectural accents, are
commonly seen among the other residences within the immediate neighborhood; and
the proposed structure is setback from the property lines to allow an open space
between structures and the right-of-way that is compatible with other development along
Diamonte Lane.
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Section 9: The Height Variation is warranted because the proposed new
structure is for a one-story residence and no portions of the proposed project exceeding
sixteen feet in height will result in an unreasonable infringement of privacy of the
occupants of the abutting residences.
Section 10: The Grading Permit is warranted since the amount of grading does
not exceed that which is necessary for the permitted primary use of the lot. The subject
properties are in a RS-2 zoning district, in which the primary use of the lots is for
residential construction. The proposed grading at 6480 Palos Verdes Drive East is
primarily to reduce the pad area to address view impairment concerns, as well as
remove portions of a man-made hillside in preparation for a proposed new single-family
residence and new driveway approach from the street easement. The proposed
grading on Lot 4 is to reduce the amount of grading from the site by retaining most of
the cut material from 6480 Palos Verdes Drive East, resulting in only 200 cubic yards of
export for the site.
Section 11: The Grading Permit is warranted since the amount of grading and
proposed areas of grading do not significantly adversely affect the visual relationships
with or the views from the "viewing area" of neighboring properties. Specifically, the
majority of the proposed grading at 6480 Palos Verdes Drive East is in direct relation to
minimizing the impacts to the viewing areas of neighboring properties. The proposed
grading on Lot 4 reduces the amount of grade being hauled from the site, while being
deposited downslope of any viewing areas.
Section 12: The Grading Permit is warranted since the grading will preserve the
natural topographic features of the property by concentrating the proposed grading to
areas where previous grading occurred and, for 6480 Palos Verdes Drive East, the
topography has been altered for the establishment of a building pad area, whereas for
Lot 4, the grading will reasonably match the existing contours of the site.
Section 13: The Grading Permit is warranted since the grading proposed for
the new single-family residence has been determined to be compatible with the
immediate neighborhood, as the topography of the neighborhood is such that retaining
walls are common and necessary for access and development to the building pads and
adjacent to the driveways for access from the street easement to the residence.
Section 14: The Grading Permit is warranted since the grading is consistent
with Section 17.76.040(A), the purpose and intent of which is to allow for grading activity
associated with the primary use of the lot, and the new retaining walls adjacent to the
new driveway are consistent with what is commonly seen when driving along Diamonte
Drive, with many of the hillside properties requiring retaining walls to provide access
from the right-of-way to the building pad area.
Section 15: The Grading Permit is warranted since no wildlife habitats have
been identified on either 6480 Palos Verdes Drive East nor Lot 4, and the grading is
proposed in areas on both properties where previous grading activity has occurred.
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Section 16: The Grading Permit is warranted since no proposed construction
will occur on slopes over thirty-five percent (35%) steepness; the maximum finished
slopes will measure thirty-three percent (33%) steepness in the north side yard area;
the maximum finished slope will measure twenty-five percent (25%) on Lot 4; the
maximum depth of cut shall not exceed 4'-6" in the north side yard area; the maximum
depth of fill shall not exceed 5'-0" on Lot 4; no grading is proposed on slopes over fifty
percent (50%) steepness; there is one 3'-6" tall retaining wall adjacent to the proposed
new driveway in the northern side of the property; the driveway slope will measure nine
percent (9%) in grade, which is below the required 20% maximum slope permitted; and
the slopes adjacent to the driveway shall measure thirty-three percent (33%) in
steepness, below the maximum sixty-seven percent (67%) allowable.
Section 17: The proposed 4'-6" tall upslope retaining wall exceeds the grading
criterion of one 3'-6" tall upslope or downslope retaining wall height in the side yard.
However, this deviation is approved per RPVDC Section 17.76.040(E)(10) because:
a. The deviation is warranted because all other grading criteria of RPVDC
Section 17.76.040(E)(1) through Section 17.76.040(E)(8) have been satisfied.
b. The deviation is warranted because it is consistent with the purpose of a
grading permit, as the proposed 4'-6" tall upslope retaining wall will retain a man-
made hillside created in order to develop the site, maintains the harmonious
manner of the adjacent lands, and many of the neighboring properties were
construction with retaining walls on a similar location of their property.
C. The deviation is warranted because the proposed grading will not
constitute a granting of special privilege inconsistent with the limitations upon
other properties in the vicinity, as the neighborhood is located on a hillside,
requiring most properties to utilize retaining walls for access and the
development of the lots and will only alter areas of previous grading which are
not natural topography.
d. The deviation is warranted because the proposed grading activity will not
be detrimental to the public safety or the surroundings properties as any
construction activity proposed on the subject lot would be reviewed, inspected
and approved by the Building and Safety Division and the City's Geological
Consultant. The proposed project would be required to comply with all safety
standards of the Uniform Building Code, and with the recommendations
contained in the approved geotechnical report.
e. The deviation is warranted because notice of grading approval would be
given to the applicant and to all owners of the four (4) properties adjacent to the
subject property.
Section 19: The requested Site Plan Review is warranted since the proposed
new 810 square foot guest quarters and 256 square foot covered pavilion, both
detached from the main residence, meet the appropriate Development Code standards
P.C. Resolution No. 2011-19
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related to lot coverage, accessory structure height and setbacks for the RS-2 zoning
district.
Section 20: Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Section 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 26, 2011, the date of the Planning Commission's
final action.
Section 21: 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 approves, with
conditions, a Height'Variation, Grading and Site Plan Review request for the demolition
of an existing 1-story residence and detached guest house, and construction of a new
6,698 square foot single-family residence and garage, 810 square foot guest quarters
and 256 square foot covered pavilion, with 2,051 cubic yards of total grading at 6480
Palos Verdes Drive East, 1,281 cubic yards of fill on Lot 4, and 200 cubic yards of net
export.
PASSED, APPROVED AND ADOPTED this 26th day of April 2011, by the following
vote:
AYES: Commissioners Emenhiser, Gerstner, Leon, Lewis, Vice Chairman Tetreault
NOES: None
ABSTENTIONS: Chairman Tomblin
RECUSSALS: None
ABSENT: Commissioner Knight
--� avid L. Tomblin
Chairman
Joel Rojas, AICP
Community Development Director
P.C. Resolution No. 2011- 19
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Exhibit "A"
Conditions of Approval
Case No. ZON2010-00252 (HV, GR, SPR)
6480 Palos Verdes Dr East (Thomas)
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 contained in this
resolution. Failure to provide said written statement within ninety (90) days
following the 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. The Community Development Director 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 by the final body that approved the
original project, which may require new and separate environmental review.
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
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 applicant 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 this Resolution, approval of the project shall expire and be of no
further effect unless, prior to the 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 this Resolution.
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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. 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 disturbances to the surrounding property owners.
11. Permitted hours and days of 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.
12. This approval is to demolish the existing 8,807 square foot residence, attached
garage and detached guest quarters; and construction of a new 5,613 square
foot 1-story single-family residence, 1,085 square foot attached, in-direct access
3-car garage, 819 square foot detached guest quarters, and 256 square foot
detached covered pavilion.
13. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 40% lot coverage (28% proposed).
14. The approved residence shall maintain the following setbacks:
■ Front yard: 20'-0" min. (98'-10" proposed)
■ Rear yard: 20'-0" min. (75'-6"proposed for the residence,
20'-0" proposed for the guest quarters)
■ North side: 10'-0" min. (40'-4" proposed for the residence,
48'-7" proposed for the guest quarters)
■ South Side: 10'-0" min. (44'-10" proposed for the residence,
20'-0" proposed for the covered pavilion)
15. The pad elevation shall be graded from elev. 992.0' to 990.25', as indicated on
the stamped approved plans.
16. The height of the new residence is limited to 16'-6" tall from the highest elevation
of existing building pad covered by structure (992.0') to the ridgeline (10085),
and 18'-3" tall from where the lowest foundation meets finished grade (990.25') to
the ridgeline (10085).
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SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A
RIDGE HEIGHT CERTIFICATION IS REQUIRED BY A LICENSED LAND
SURVEYOR OR CIVIL ENGINEER PRIOR TO INSTALLATION OF ROOF
MATERIALS.
17. The Grading Permit allows a total 2,051 cubic yards of grading at 6480 Palos
Verdes Drive East. The proposed 1,766 cubic yards of cut consists of lowering
of the pad level of the residence, the removal of the hillside in the northern side
yard area, the removal of a portion of the existing driveway and additional
landscaping in the front yard area. The proposed 285 cubic yards of fill consists
of the removal and construction of the driveway areas and leveling of the pad
area, and landscaping a portion of the front yard area.
18. Additional grading of 1,281 cubic yards of fill shall be deposited on Lot 4 of Tract
32322 (APN 7566-003-020), as indicated on the approved plans. The maximum
depth of fill shall not exceed 5'-0" in height. The source of this fill is the net cut
from 6480 Palos Verdes Drive East not being exported from the site. All
necessary Building Permits and Geological approvals shall be obtained for the
grading on this site. The applicant shall be responsible for the installation and
maintenance of erosion control measures so as to stabilize and contain this fill
material on site.
19. As a result of the grading quantities described above, a maximum of 200 cubic
yards of export may be removed from the site.
20. All retaining wall heights shall match the elevation call-outs indicated on the
stamped approved plans. The retaining wall adjacent to the new driveway shall
not exceed 3'-6" tall and the retaining wall located upslope shall not exceed 4'-6"
tall and shall be a minimum of 3'-0" apart from any other retaining walls.
21. Based upon a foliage analysis conducted by Staff, the following must be done
prior to building permit final in order to restore the protected views from
surrounding properties: the pepper tree in the rear yard shall be trimmed down
and maintained at a height not to exceed 16 feet; and the pepper tree on the
slope between the building pad and Diamonte Lane shall be trimmed down and
maintained at a height not to exceed 16 feet in height.
22. Prior to issuance of a building permit, a Landscape Documentation Package
must be submitted for review by the City's landscaping consultant and approval
by the Community Development Director. The Landscape Documentation
Package shall be prepared and signed by a landscape architect, landscape
designer, or irrigation designer, as appropriate, except that the soil management
report shall be prepared by a qualified soil and plan laboratory. The applicant is
responsible for paying for the review by the City's Landscape Consultant.
P.C. Resolution No. 2011-19
Page 9 of 10
23. This approval does not permit any new structures within the private right-of-way
easement of Diamonte Lane nor in the 25' wide easement running along the
northern property line.
24. All fences, walls and hedges located between the new guest quarters and the
easement line for Diamonte Lane shall not exceed 42" tall.
25. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
26. 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 a minimum 7' vertical clearance.
27. All utility service lines installed to service the buildings shall be placed
underground from an existing power pole or other point of connection off-site
prior to certificate of occupancy.
28. The proposed chimneys shall not exceed the minimum height required for
compliance with the Uniform Building Code.
P.C. Resolution No. 2011-19
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