PC RES 2012-016 P.C. RESOLUTION NO. 2012-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A SITE PLAN REVIEW, GRADING PERMIT AND
COASTAL PERMIT FOR THE CONSTRUCTION OF A NEW
10,382 SQUARE FOOT, TWO-STORY RESIDENCE WITH A
1,027 SQUARE FOOT GARAGE ON A VACANT
DOWNSLOPING LOT, THE PROJECT ALSO INCLUDES A
TOTAL OF 2,988 CUBIC YARDS OF CUT, 218 CUBIC YARDS
OF FILL,AND FOUR(4)ASSOICATED RETAINING WALLS ON
A PROPERTY LOCATED AT 3344 PALOS VERDES DRIVE
WEST (CASE NO ZON2012-00141).
WHEREAS, on April 24, 2012, the property owner, Ravi Khosla, submitted applications
for Planning Case No. ZON2012-00141 for a Site Plan Review, Grading Permit and Coastal
Permit for approval to construct a new home on a vacant residential property; and,
WHEREAS, on May 14, 2012, 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 July 9, 2012,the application for Planning Case No. ZON2012-00141 was
deemed complete by Staff; and,
WHEREAS, pursuant to the provisions ofthe California Environmental Quality,Act, Public
Resources Code Sections 21000 et. seq. (°CEQA"), the State's CEQA Guidelines, California
Code of Regulations, Title 14, Section 16000 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 applications would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15303(a); 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
August 14, 2012, at which time the public hearing was continued to September 25,2012 to allow
Staff and the Applicant time to research any benefits of reducing the proposed ridgeline by V-9"
and any reduction in overall grading..
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission does hereby find that a Site Plan Review can
be approved as the 10,382 square foot residence, 1,027 square foot garage, pool, spa and
other ancillary improvements (trellis, firepit, BBQ, and covered entry) comply with the required
residential setback standards, lot coverage and maximum allowable heights as presented in the
Development Code for the RS-1 zoning district. Specifically, the proposed improvements will
meet the required 20-foot front yard setback, 5-foot side yard setbacks and 15-foot rear yard
setbacks, as well as the 16'130' building height and maximum 25% lot coverage.
Section 2: The Planning Commission makes the following findings of fact in order to
approve the Grading Permit to allow the construction of a new residence and other ancillary
improvements 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 is necessary and the best alternative to accommodate the proposed
residence and improvements on the 1-acre vacant lot.A total of 3,206 cubic yards of cut
will be conducted on the property along with the construction of retaining walls in order to
construct the residence with a lowered finished grade and level the front and rear yard
areas. More specifically, 1,281 cubic yards of cut will be conducted beneath the entirety
of the new residence, 663 cubic yards of cut for the construction of a driveway,217 cubic
yards of cut to create a level courtyard at the front of the residence, and 827 cubic yards
of cut at the rear of the residence for the new pool and landscaped rear yard.As there is
a gentle slope on a majority of the existing property,the applicant will be filling a nominal
amount of dirt (218 cubic yards)within the formal courtyard at the front of the residence
and a small portion of the rear yard. Based on an aerial survey of other homes within the
immediate neighborhood, it appears that a majority of the homes utilize excavation and
retaining walls to accommodate a home and useable yard area.
B. The grading would not significantly adversely affect the visual relationships with nor
views from the viewing area of neighboring properties as the proposed retaining walls
will follow the existing contours as seen from the street and neighboring properties. A
total of four (4) retaining walls are proposed around the property. Three (3) of the
retaining walls will be upslope retaining walls and will not be easily visible from other
properties or the public right-of-way.A fourth retaining wall will reach a maximum height
of 3'-6" in the rear yard of the property.Although Staff would consider the height of the
retaining wall to be minimal in terms of visual impacts, a condition of approval has been
added to provide landscaping along the west side of the rear yard wall to adequately
screen the appearance of the retaining wall as seen from residences within the Lunada
Pointe community. With regard to the finished grade beneath the structure, due to the
fact that the applicant is excavating beneath the new residence, the finished grade will
ultimately be lowered.As such,the height of the residence will be lower than a residence
that could have been built in the same location,
C. The proposed grading which accommodates the new residence and development of the
single-family residential lot minimizes disturbance to the natural contours and finished
contours are reasonably natural.Any disturbances to the existing contours are relatively
minor and are necessary to allow for construction of a new residence, vehicular access,
and useable rear yard area. The existing contours outside of the graded area and
retaining walls will be maintained. Further, the vacant lot is zoned for residential
development, and can accommodate a new single-family residence,
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
P.C. Resolution No. 2012-16
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manufactured slope into natural topography. The majority of the proposed grading will
accommodate a new single-family residence, driveway and usable rear yard area. The
grade elevations and natural topographical contours surrounding the proposed retaining
walls will be maintained to blend the appearance of the new improvements. The only
proposed man-made slope is located adjacent to the semi-circular driveway.There is an
existing extreme slope (greater than 35%)that will be re-contoured to accommodate the
new driveway and hillside surrounding the driveway.The new contours will continue to
follow the natural appearance of the existing sloping lot.
E. The grading and related construction is compatible with the immediate neighborhood
character. The new residence will be proportional to the neighboring residences,
therefore keeping with the original character, style and setting of the neighborhood.
While the square footage of the new residence is larger than the average of the 20
closest homes, the square footage of the new residence will not exceed the largest
existing home (12,819 square feet) and will be just above the second largest home in the
neighborhood (11,318 square feet). With regard to bulk and mass, the proposed
improvements would not be significant, due to the single-story configuration of the
proposed home as seen from Palos Verdes Drive West and a typical two-story elevation
as seen from the east side of Marguerite Drive.The orientation, configuration and scale
of the new home would be in-line with the other residences in the neighborhood.
Additionally, although the neighborhood does not reflect one consistent architectural
type/style, the proposed architecture and materials proposed would be consistent with
the existing character of the immediate neighborhood. The applicant is proposing to
utilize Spanish-mission clay tile as the roof material and a smooth stucco finish across
the structure fagade.The applicant has also included a number of architectural accents,
such as multiple roof lines, undulating facades, arches, balconies, wrought iron
balustrades, and first and second story accent molding,to break up the potential impacts
of a large home. The majority of the homes in the neighborhood also display clay roof
materials and stucco siding with various accents to break up the appearance of bulk and
mass.
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, height of cut and fill
and height of retaining walls for three (3) of the four(4) proposed retaining walls, More
specifically, no finished slopes that exceed 35%will be created. In fact, the applicant is
re-contouring a small portion of the lot, adjacent to the new driveway,to reduce the slope
percentage below 35%. The project does not include any grading on a slope that
exceeds 50%. The construction of the residence and the lowering of the finished grade
on the downsloping lot will require a maximum cut of 8'-1 OY2' in order to accommodate
the residence which is reasonable, necessary and the best alternative for the
construction of a new home on a downslope lot that is compatible with the surrounding
neighborhood.
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H. Although a 5'-0" tall upslope retaining wall exceeds the allowable heights for upslope
retaining walls on a single-family residential lot, the Planning Commission finds that the
retaining wall would provide a reasonable development of land as noted in Section
17.76.040 of the Municipal Code. Approving the deviation to the grading standards
allows the applicant to provide a retaining wall that would help support the rear and side
yard of the property. Further, retaining walls are commonly found within the hillside
neighborhood and approval of the retaining wall which exceeds 3'-6"would not constitute
a special privilege with the limitations upon other properties in the vicinity due to the
hillside topography. Additionally, the retaining wall cannot be seen from other
neighboring properties or the public right-of-way. Lastly, the retaining walland grading
would 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.
1. Pursuant to Section 17.76.040(E)(10)(e)of the RPV Municipal Code,the City is required
to notify all owners of property adjacent to the subject property whenever a grading
permit is granted for development in excess of that permissible under Section
17.76.040(E)(9)of the RPV Municipal Code. As such, a Notice of Decision will be sent to
the following adjacent property owners: 1) Lunada Pointe Homeowners Association/60
Laurel Drive/Rancho Palos Verdes, CA 90275, 2) Stiassn i Family/3400 Palos Verdes
Drive West/Rancho Palos Verdes, CA 90275, 3) Marcel and lrmgard Bond/3333 Palos
Verdes Drive West/ Rancho Palos Verdes, CA 90275, and 4) Marcos Ehab 17416 Via
Lorado / Rancho Palos Verdes, CA 90275.
Section 3: The Coastal Permit to allow the construction of a new single-family
residence within the Coastal Zone can be approved because:
A. The subject property is located within Subregion 1 of the Coastal Specific Plan, which
contains Policy No. 8 (pg, S1-11) that "[requires] proposed developments on land
affected by view corridors to maintain the resource." The Corridor Element of the
Coastal Specific Plan does not identify the subject property within a specific visual
corridor. However, the Coastal Specific Plan states that in order to protect the visual
relationship between Palos Verdes Drive West and the ocean, for sites which are not
within a visual corridor, proposed buildings should be designed so as to not project into a
zone measured 21 down-arc from horizontal as measured from the viewing station
(PVDW). According to the applicant's plans, the top of the existing curb along the
southbound lanes of Palos Verdes Drive West, adjacent to the applicant's lot, is at an
average elevation of 268.0'. When implementing the guidelines of the Coastal Specific
Plan, the applicant would be limited to constructing a residence with a ridgeline just
above the 268.0 curb elevation, and would require over 3,000 more cubic yards of
grading. The Corridor Element Policy(p. C-16) of the Coastal Specific Plan, "requirefs]
development proposals within areas which might impact corridors to analyze the site
conditions in order to mitigate impacts..,"The subject property is located on a downslope
lot, whereby the Development Code allows a residence to be constructed at 16'-0" as
measured from average elevation of the setback line (elevation 263.0') to the top of the
highest ridgeline.This would allow a home to be built"by-right"with a ridgeline elevation
of 279.0'. The applicant has designed a home with a maximum ridgeline of 276.73',
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which is below this "by-right" height limit.Additionally,the applicant has provided a large
front yard setback, and graded down to provide a single story facade to reduce the
impacts of a large home as seen from the street.
B. The subject property is not located between the sea and the first public road paralleling
the sea (Marguerite Drive), in this area.
Section 4: The Planning Commission finds that the proposed project complies with
the performance criterion listed the Natural Overlay Control District(OC-1) of Chapter 17.40 of
the RPV Municipal Code and the application can be approved because:
A. The project would not affect the land' and water areas necessary for the survival of
valuable land and marine-based wildlife and vegetation as no protected vegetation or
wildlife has been found on the subject property.The proposed residence will be located
on a lot that was previously developed witha single-family residence prior to the City's
incorporation. As noted in the grading findings, the proposed grading outside of the
construction of the residence and access is minimal and will follow the contours of the
existing land, with the exception of one small area (less than 10% of the lot area) in the
south side yard where a 5'-O" tall retaining wall will be located.
B. The project will require review and approval of a drainage plan and NPDES approval
prior to issuance of a Building Permit,thereby ensuring that storm drainage and erosion
control will not affect the water quality of both urban runoff and natural water bodies.
Section 5: The Planning Commission finds that the proposed project complies with
the performance criterion listed in the Socio-Cultural Overlay Control District(OC-2) of Chapter
17.40 of the RPV Municipal Code and the application can be approved because:
A. The subject property was previously developed with a single-family residential dwelling
and ancillary improvements prior to the City's incorporation and is not known to have any
significant historical, scientific, educational or cultural importance, and is zoned for
residential use. The property is listed as a potential area for archaeological and
paleontological significance.As such,the property ownerwill be required to submit to the
City a Phase I archaeological study and retain a qualified paleontologist and
archeologist to be on site during all rough operations. In the event undetected buried
cultural resources are encountered during grading and excavation,work will be required
to stop, or be diverted from the resource area, and the archeologist and/or paleontologist
will be required to evaluate the remains and propose appropriate mitigation measures.
All "finds" will be required to be reported immediately to the Community Development
Director and are to be first offered to the City for preservation.
Section 6: The Planning Commission finds that the proposed project complies with
the performance criterion listed the Urban Appearance Overlay Control District (OC-3) of
Chapter 17.40 of the RPV Municipal Code and the application can be approved because:
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A. The proposed residence is located on a legal, downsloping single-family residential lot
which can accommodate the construction of a home with a 16730' building height
envelope.The project is not located within a view corridor as designated by the Coastal
Specific Plan of the City. Furthermore,the project has been designed to mitigate impacts
to views as seen from Palos Verdes Drive West by providing a large front yard setback
and ridgeline below what could be building "by-right"on a downsloping lot. Furthermore,
the property is located just south of a large open space area that provides ocean views
for pedestrians and drivers along Palos Verdes Drive West, Construction of a new home
on the previously developed property would not significantly affect the ocean views as
seen from Palos Verdes Drive West, Furthermore, the applicant is grading down to
accommodate the construction of the residence and following the natural contours to
grade the yard areas within the front and rear yard of the home.
Section 7: 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 (115) days following September
25, 2012, the date of the Planning Commission's final action.
Section 8: 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 Site Plan
Review, Grading Permit and Coastal Permit(Planning Case No. ZO,N2012-00141)to allow the
construction of a new,two-story single-family home and associated grading and retaining walls,
located at 3344 Palos Verdes Drive West, subject to the conditions of approval in the attached
Exhibit °A'.
PASSED,APPROVED,AND ADOPTED this 25th day of September 2012, by the following vote:
AYES: Commissioners Gerstner, Leon, Nelson, Tomblin and Chairman Tetreault
NOES: Vice Chairman Emenhiser
ABSTENTIONS: None
RECUSALS. None
ABSENT: Commissioner Lewis
P661 Te6eauft
Chairman
Joelas AICD
it
ComunitDevelopJnt Director
P.C. Resolution No. 2012-16
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2012-00141
(Khosla, 3344 Palos Verdes Drive West)
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 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. 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 Resolution,
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.
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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 Resolution.
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.
11 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. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 25% lot coverage (24.9% proposed).
13, The approved residence shall maintain setbacks of 20' front (50'-0" proposed to
residence), 15' rear(85'-0" proposed),5'north side(26-0"proposed to residence) and 5'
east side (10'-9" proposed).
14. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
15. 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 minimum 7' vertical clearance,
16. 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.
17. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering'.
18, All construction sites shall be maintained in a secure, safe, neat and orderly manner,
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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.
19. Prior to the issuance of building permits, the applicant shall demonstrate the project's
compliance with the South Coast Air Quality Management District Rule 445 and the City
Municipal Code requirements regarding wood-burning devices.
20. This approval is for a 10,382 square-foot, 2-story single-family residence and a 1,027
square-foot 4-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
21. The maximum ridgeline of the approved project is 276.73'. 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 249.572'.
22, The proposed chimney(s) 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.
23. 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.
Project Specific Conditions:
24. This approval includes a total of 3,206 cubic yards of grading (2,988 cubic yards of cut
and 218 cubic yards of fill.
25. The following four (4) retaining walls are approved:
a. A downslope retaining wall located in the rear yard ranging in height from V-0"to
3'-6" in overall height.
b. A 6-0" tall upslope retaining wall located adjacent to the proposed driveway
C. A 3'-6" tall upslope retaining wall within the front yard
d. A 5'-0" tall upslope retaining wall located along the south side property line
All other planter walls shall not exceed a maximum height of 2'-11" and shall be located
at least 3'-0" from any other walls
26. The applicant shall provide and maintain landscaping to screen the 3'-6"tall downslope
retaining wall. All landscaping shall be installed and approved by the Director prior to
final on the building permit for the residence.
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27. Prior to issuance of a Building Permit, the applicant shall obtain all applicable NPDES
permits and comply with all applicable NPDES requirements.
28. The property owner shall complywith Chapter 15.34(Water Efficient Landscaping) of the
City's Municipal Code. Prior to issuance of a Building Permit, the applicant shall submit
and obtain approval of a Landscape Documentation Package as defined by Chapter
15.34,
29. The property owner shall be prohibited from the use of herbicides to control or kill
vegetation.
30. Prior to the issuance of a Grading Permit, the applicant shall conduct a Phase 1
archaeological survey of the property. The survey results shall be provided to the
Community Development Director or his/her designee for review prior to grading permit
issuance.
31. If the results of the Phase 1 archaeological survey identify the potential existence of
archaeological and/or paleontological resources, prior to the commencement of grading,
the applicant shall retain a qualified paleontologist and archeologist to be on site during
all rough operations. Qualifications of the archaeologist and paleontologist shall be
reviewed and approved by the Community Development Director prior to issuance of a
Grading Permit. In the event undetected buried cultural resources are encountered
during grading and excavation, work shall be halted or diverted from the resource area
and the archeologist and/or paleontologist shall evaluate the remains and propose
appropriate mitigation measures. All "finds" shall be reported immediately to the
Community Development Director,All archaeological and paleontological finds shall be
first offered to the City for preservation.
32. The applicant shall not use any portion of the proposed residence as a second dwelling
unit without obtaining the appropriate Planning and Building Permits. Priorto issuance of
a certificate of occupancy for the construction of the new residence, a covenant shall be
recorded with the country recorder as a covenant running with the land prohibiting the
use of a second dwelling unit without further planning review and approval. Said
covenant shall be reviewed and approved by the Planning Department prior to
recordation, and shall prohibit the use of more than one cooking facility on the property
unless approval of a Second Dwelling Unit is approved by the Community Development
Department. A cooking facility includes a stove, oven, range, or any other built-in
appliance related to food preparation,
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