PC RES 2012-009 P.C. RESOLUTION NO. 2012-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING AN APPEAL OF THE COASTAL
HEARINGS OFFICER'S DECISION TO APPROVE, WITH
CONDITIONS, A COASTAL PERMIT, SITE PLAN REVIEW AND
GRADING PERMIT FOR THE CONSTRUCTION OF A NEW 21.33'
TALL, 4,515FT2 SPLIT-STORY RESIDENCE WITH 285YD3 OF
RELATED GRADING ON A VACANT LOT LOCATED AT 7 SEACOVE
DRIVE (ZON2011-00242).
WHEREAS, on August 29, 2006, the Rancho Palos Verdes Hearings Officer
conditionally approved a Coastal Permit, Grading Permit and Site Plan Review (Case No.
ZON2006-00113), for a new, 4,225ft2 two-story home, 690ft2 deck, swimming pool and 613yd3
of related grading on a vacant lot on 7 Seacove Drive.; and,
WHEREAS, on September 13, 2006, a timely appeal was filed by a neighbor but was
withdrawn on October 23, 2006, which became the final action date for the Planning approvals;
and,
WHEREAS, on February 11, 2008, the landowners (Joseph & Shannon DiSanto)
requested administrative reissuance of the expired approvals, pursuant to the provisions of
Section 17.86.070(D) of the Rancho Palos Verdes Development Code (RPVDC). The request
was granted on March 5, 2008. This allowed the Planning approvals to be extended for 180
days, or until September 1, 2008; and,
WHEREAS, on April 21, 2008, the Rancho Palos Verdes Hearings Officer conditionally
approved a revision to the previously approved project (Case No. ZON2006-00113), allowing an
additional 500ft2 of habitable area within the approved building footprint; and,
WHEREAS, on October 16, 2009, a new landowner (Dana Ireland) requested and was
granted an administrative reissuance of the expired approvals, pursuant to the provisions of
Section 17.86.070(D) of the Rancho Palos Verdes Development Code (RPVDC). This allowed
the Planning approvals to be extended for 180 days, or until April 14, 2010; and,
WHEREAS, on August 29, 2011, an applicant (,Josh Tully, Michael Lee Architects)
representing a new landowner (Shaun Phillips), submitted a Coastal Permit, Grading Permit and
Site Plan Review, requesting approval to construct a new 4,875ft2 split-story residence with
accessory structures a vacant lot located at 7 Seacove Drive; and,
WHEREAS, the project was deemed complete and a public notice was mailed to all
property owners within a 500' radius from the subject properly and published in the Palos
Verdes Peninsula News on January 5, 2012 pursuant to the requirements of the Rancho Palos
Verdes Development Code; and,
WHEREAS, on January 23rd, after all interested parties were given an opportunity to be
heard and present evidence, the Coastal Hearings Officer continued the public hearing to
February 61h to provide the applicant an opportunity to address the concerns raised by the
public. Subsequent public hearings were held on February 6th, 21st and 27th, at which time the
public had concerns related to the apparent bulk and mass and continued the matter to the
March 27th public hearing to allow the applicant additional time to address the concerns; and,
P.C. Resolution No. 2012-09
Page 1
WHEREAS, on March 27, 2012, the Coastal Hearings Officer approved the proposed
project, allowing the construction of a new 21.33' tall, 4,515ft2 split-story residence with 285yd of
related grading on a vacant lot; and,
WHEREAS, on April 1 offi, two separate neighbors (Yamamoto & Hartman) submitted a
timely appeal, requesting that the Planning Commission overturn the Coastal Hearings Officer's
approval based on neighborhood compatibility concerns; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQX), 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), the Planning Commission found no evidence that Case No. ZON2011-00,242 will
have a significant effect on the environment and, therefore, the proposed project has been
found to be categorically exempt under Class 1 (Section 15303); and,
WHEREAS, a public notice was mailed to all property owners within a 500' radius from
the subject property and published in the Palos Verdes Peninsula News on April 19, 2012
pursuant to the requirements, of the Rancho Palos Verdes Development Code; and,
WHEREAS, one of the appellants (Yamamoto) submitted an email requesting a
continuance because she was unable to attend the scheduled May 8, 2012 Planning
Commission hearing due to a family tragedy; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May 8, 2012
and continued the hearing to May 22, 2012, to provide an opportunity for one of the appellants
(Yamamoto) an opportunity to attend the next hearing and voice her concerns; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on May 22,
2012, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves a new 21.33' tall, 4,515ft2 split-story
residence with 285yd' of related grading on a vacant lot located at 7 Seacove Drive.
Section 2: A Coastal Permit is warranted because:
A. The proposed development is consistent with the Coastal Specific Plan. The project
site lies within a non-appealable portion of Subregion 4 of the City's Coastal Specific
Plan. The Coastal Specific Plan land use designation of the property is Residential
(2-4 DU/acre) and Subregion 4 Policy No. 1 calls upon the City to "require all new
housing within the confines of Subregion 4 to be of a single-family nature". The
development of a single-family residence on this lot is consistent with this land use
designation and policy. Furthermore, Subregion 4 Policy No. 2 calls upon the City to
"require development abutting the natural drainage course to maintain the character
of the course", respectively. The subject property abuts the property that contains
the natural drainage course, and the applicant will be required to submit a drainage
plan for review and approval to the Building & Safety Division,
P.C. Resolution No. 2012-09
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B. The proposed development, when located between the sea and the first public road,
is consistent with applicable public access and recreation policies of the Coastal Act.
The subject site lies within a non-appealable portion of Subregion 4 of the City's
Coastal Specific Plan and is not located between the sea and the first public road.
Section 3- A Grading Permit is warranted for 285yd 3 because:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Based upon the underlying RS-4 zoning designation, the primary
permitted use of the property is for single-family residential uses, including related
uses such as fences, walls, decks and swimming pools. Approximately half of the
proposed grading (140yd3) falls within the proposed building footprint and is directly
supportive of the construction of the house, while the remaining 145yd 3 is for related
accessory structures (i.e. deck, walls, etc.).
B. The proposed grading and/or related construction does not significantly adversely
affect the visual relationships with nor the views from the "viewing area" of
neighboring properties. The proposed grading results in a lower finished grade
under the building footprint such that the height of the proposed structure is lower
than a structure that could have been built in the same location on the lot if
measured from preconstruction (existing) grade.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. The existing "natural" contours of the project site
are partly the result of past mass grading for the neighborhood in the early 1950s,
The proposed grading is solely will be for excavation within the footprint of the house
and additional cut/fill around the perimeter for the creation of yard space.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography. The existing "natural" contours of
the project site are partly the result of human alteration in the past. There are no
significant natural topographic features that would be disturbed by the proposed
grading.
E The grading and/or related construction is compatible with the immediate
neighborhood character in terms of scale of surrounding residences, including total
square footage and lot coverage of the residence and all ancillary structures;
architectural styles, including facade treatments, structure height, open space
between structures, roof design, the apparent bulk or mass of the structure, number
of stories, and building materials; front-, side-, and rear-yard setbacks. Although the
proposed structure size of 4,515ft2 will result in the second largest home in the
neighborhood, the lower level will be partially subterranean due to the split-story
nature of the home. Additionally, the single-story portion behind the front fagade will
not be readily visible due to its location and the overall height being limited to the
same relative level as the existing fence along the westerly property line. Also, the
proposed structure is setback 32'-8" from the street while the upper floor is recessed
even further, creating a smaller appearing structure from the public right-of-way.
Various setbacks, building materials, colors and design features are used on all
facades to create an articulated structure that does not appear bulky or massive.
P.C. Resolution No. 2012-09
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Moreover, the proposed setbacks, open space and architectural style are consistent
with other homes in the immediate neighborhood.
F. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation. There is no evidence of
natural landscape or wildlife habitat on the subject property, which is an undeveloped
lot in an established single-family neighborhood.
G. The grading conforms to the City's standards for grading on slopes, creation of new
slopes, heights of retaining walls, and maximum driveway steepness with exception
to the side yard retaining walls in excess of 3,.5' in height. The two proposed
retaining walls in excess of 3.5' along the east and west property line are warranted
because they are necessary to allow adequate flat area around the new single-family
residence, which is a type of development consistent with the purpose of the Grading
Permit for a residential property. Additionally, allowing retaining walls in excess of
3.5' along both side property lines will not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity since there are
other neighboring properties with similar improvements with comparable topography.
Furthermore, allowing retaining walls in excess of 3.5' in height along the side
property lines will not be detrimental to the public safety nor to other property since
geotechnical and structural review will be required through the Building & Safety
Division.
Section 4: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, June
6, 2012. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30 PM on June 6, 2012.
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 denies the appeal and affirms the
Coastal Hearings Officer's decision to approve, with conditions, the Coastal Permit, Site Plan
Review and Grading Permit, subject to the conditions set forth in the attached 'Exhibit A' (Case
No. ZON2011-00242).
P.C. Resolution No. 2012-09
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PASSED, APPROVED AND ADOPTED this 22'0 day of May 2012, by the following vote:
AYES: Commissioners Gerstner, Leon, Lewis, Nelson, Tomblin, Vice Chairman
Emenhiser, Chairman Tetreault
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: None
Paul Ifetreault,-
Chairman
ren it-
Joel--R�—bJ-a-s--,--A--FC15- J—
Community Development Director and
Secretary of the Planning Commission
P.C. Resolution No. 2012-09
Page 5
EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO. ZON2012-00242 (7 SEACOVE 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 contained in this exhibit. Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void.
Z Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
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 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.
5. 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.
6. 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.
7. 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 this 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.
8. 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.
9. 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 decision.
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10. 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.
111. 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.
12. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
13. 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.
Proiect Specific Conditions:
14. This approval is for a 4,515ft' split-story residence, which includes a 600ft' two-car
garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to building permit final.
15. The maximum ridgeline of the approved project is 225.33'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a
FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land
surveyor or civil engineer, showing the Finished Floor Elevation at 204',
16. All upper floor windows located below 6'-3" along the west fagade (facing 9 Seacove
Drive), with exception to the front office and rear master bedroom, shall be of obscure
material.
17. This approval is also for a swimming pool and spa in the rear yard. Both accessory
structures shall maintain a minimum setback of 3' from all property lines. A fence or wall
not less than 5' in height shall be required. Any gate or door to the outside shall be
equipped with a self-closing device and a self-latching device located not less than 4'
above the ground. Such fences, walls and gates shall meet City specifications and shall
be constructed to the satisfaction of the Building Official.
18. This approval is for 285yd 3 of grading (180yd3 of cut & 105yd' of fill), underneath and
outside of the building footprint. The following retaining walls are allowed:
i. A retaining wall up to 2_7' in height in the front yard;
ii. A retaining wall up to 5.5' in height along the east side property line, and,
P.C. Resolution No. 2012-09
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iii, A retaining wall up to 6' in height along the west side property line.
19. The proposed chimney may project a maximum of 2' into any required setback, and shall
not exceed the minimum height required for compliance with the Uniform Building Code.
20. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of occupancy.
21. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 50% lot coverage (40% proposed).
22. The approved residence shall maintain the following setbacks:
M 32'-8" FYSB to the building with a 44'-81/2" FYSB to the upper kitchen and a ±52'
FYSB to the upper office-,
0 30' FYSB to the upper story balcony;
0 52'-11" FYSB to a portion of the utility room on the lower floor;
a 8'-6" west SYSB to the garage and 5' SYSB to the remaining west fagade of the
lower floor;
a 11'-8" west SYSB to the kitchen and 5' SYSB to the remaining west fagade of the
upper floor;
a 5' east SYSB; and,
a 15'-2" RYSB,
The setbacks shall comply with the plans presented at the Coastal Hearings Officer
meeting on February 28, 2012. BUILDING SETBACK CERTIFICATION REQUIRED, to
be provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
23. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
24. A minimum of two enclosed parking spaces shall be provided and maintained in a
garage, and a minimum of two unenclosed parking spaces shall be provided and
maintained as a driveway, on the property. Each parking space shall be individually
accessible and maintain minimum unobstructed dimensions of 9' in width and 20' in
depth.
25. Prior to Building Permit final, landscaping shall be installed by the applicant along the
west property line, extending from the front fagade of 7 Seacove Drive to the rear faQade
of 9 Seacove Drive. Landscaping shall not exceed 3'-6" in height within the 20' front
yard setback and shall not exceed 16' in height outside of the front yard setback.
26. An 18"-wide landscaped area shall be maintained between the side property line and the
adjacent driveway.
27. The proposed mechanical equipment in the rear yard shall comply with the following:
iv. Maintain a 3' setback from side property lines and 5' from the rear property
line;
V. Noise levels shall not exceed 65dBA, as measured from the closest property
P.C. Resolution No. 2012-09
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line-,
vi. Height shall not exceed 6' in height;
vii. No part shall encroach 50ft' or more into an extreme slope-,
viii. No part shall be located more than 6', as measured from the top of an
extreme slope; and,
ix. Adequately screened from view from adjacent properties.
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