PC RES 2014-008 P.C. RESOLUTION NO. 2014-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A SITE PLAN REVIEW TO ALLOW THREE (3)
SKYLIGHTS TO EXCEED THE EXISTING HIGHEST RIDGELINE
OF THE RESIDENCE BY 1'-0"AT THE PROPERTY LOCATED
AT 2822 COLT ROAD (CASE NO ZON2013-00410).
WHEREAS, on May 4, 2010, in accordance with the Interpretation Procedure dictated
by the RPVPC Section 17.90.030, the Director of Community Development issued a Zoning
District Boundary Interpretation that the property owner has submitted the required geotechnical
reports to demonstrate that the location of the Open Space Hazard zoning boundary line can be
moved 30 feet to the south; and,
WHEREAS, On May 25, 2010, the Planning Commission adopted P.C. Resolution No.
2010-18, conditionally approving a Grading Permit and Site Plan Review for the construction of
a 3,889 square foot residence, 770.2 square foot guest house, 921.4 square foot pool house,
326.3 square foot studio, and 2,128 cubic yards of grading. A total of 748 cubic yards of
excavation was approved to lower the building pad of the main residence and accessory
structures. As a result, the main residence was approved to be constructed within the 16'/20'
"by-right"building envelope. The resulting structure would reach a maximum height of 20'-0", as
measured from lowest finished grade adjacent to the foundation/slab(elev. 126.5')to the highest
ridgeline of the residence (elev. 146.5') and 16'-0", as measured from the highest elevation of
existing building pad covered by structure (elev. 130.5')to the highest ridgeline of the residence
(elev. 146.5'); and,
WHEREAS, on January 27, 2011, the applicant was issued a Building Permit(BLD2O1O-
00407)
for the construction of a new home, accessory structures, and associated grading. On
June 19, 2012, the applicant submitted the required Building Height Certification signed by Gary
J. Roehl, a Registered Professional Engineer in the State of California. The certification states
that the elevation of the highest ridgeline is 146.46', in accordance with the approved plans for
the project. The permit was good for 24 months and expired on January 27,2013. The applicant
was reissued a Building Permit on June 4, 2013, with a new expiration date of December 4,
2014; and,
WHEREAS, on October 4, 2013, the applicant submitted an application fora Site Plan
Review, requesting approval by the Planning Commission to install three(3) new skylights that
would exceed the maximum ridgeline of the residence; and,
WHEREAS, on October 14, 2013, Staff completed the initial review of the application, at
which time the application was deemed incomplete due to missing information on the project
plans. The applicant submitted revisions on October 25, 2013 and December 19, 2013. The
application was deemed complete for processing on January 9, 2014; and,
WHEREAS, on January 20, 2014, Staff mailed notices to 57 property owners within a
500-foot radius from the subject property, providing a 15-day time period for the submittal of
comments and concerns. In addition, a Public Notice was published in the Peninsula News on
January 23, 2014; and,
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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 applications would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt (Section 15303(e)(2)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly-noticed public hearing on
February 11, 2014, 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: With regard to the Site Plan Review,the proposed project may be erected
above the height limits pursuant to the requirements of the building code, and will not cause
significant view impairment from adjacent property, as defined in Section 17.02 (Single-Family
Residential Districts)of the City's Municipal Code. Specifically,the skylights will be permitted by
the Uniform Building Code provided the applicant engineers the roof structure to accommodate
the skylights, other roof mounted equipment and the overall structural design of the residence.
Furthermore, the new residence was approved at a height that is permitted "by-right" by the
Development Code for single-family residential lots. More specifically, the residence measures
16', as measured from pre-existing highest grade, and 20'as measured from the lowest grade
adjacent to the foundation/slab. The permitted"by-right" residence ridgeline already exceeds the
horizon line of the Pacific Ocean as seen from 2810 Colt Road and encroaches into a portion of
the Los Angeles/Long Beach Harbor area and Los Angeles Basin, as seen from the viewing
area of 2824 Colt Road. Given that the proposed new skylights would exceed above the "by-
right" ridgeline of the home by 1'-0" (elev. 147.46'),the skylights would slightly encroach further
into the view of the harbor areas and Los Angeles Basin as seen from 2824 Colt Road.
However, given the expansive view from the living room (the viewing area) of 2824 Colt Road,
the 1'-0" encroachment into the view would be nominal and would not significantly impair the
protected portion of the view from 2824 Colt Road.
Section 2: Any interested person aggrieved by this decision or by any portion of this
decision may appeal the project 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 February 11, 2014, the date of the Planning Commission's final action.
Section 3: 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
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•
Review for the installation of three (3) skylights to exceed the ridgeline by 1'-0", subject to the
conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 11th day of February 2014, by the following vote:
AYES: Commissioners Lewis, Nelson, Tetreault and Vice Chairman Leon
NOES: None
ABSTENTIONS: None
RECUSSALS: None
ABSENT: Coimnissiners Gerstner, Tomblin 'ID? :Arman r
David Emenhiser
Chairman
111\1.1
Joel Rrips AICP
Com unity Dev= ► .ment Director
Secret- • the Planning Commission
P.C. Resolution No. 2014-08
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EXHIBIT'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO.ZON2013-00410
(Bender, 2822 Colt Road)
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. 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 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.
4. 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.
5. 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.
6. 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.
7. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the
effective date of the Notice of Decision.
8. 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
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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.
9. 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.
10. 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.
11. 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.
12. All applicable permits required by the Building and Safety Division shall be obtained by
the applicant prior to the commencement of construction.
13. This approval is for the construction of three (3) new skylights above the ridgeline of the
existing residence (elev. 146.5'). The new skylights would reach a maximum height of
147.5'. 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 FINAL FOR THE PERMIT OF THE
RESIDENCE.
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