PC RES 2014-033 P.C. RESOLUTION NO. 2014-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A HEIGHT
VARIATION, GRADING PERMIT AND SITE PLAN REVIEW (CASE NO.
ZON2014-00276) FOR THE CONSTRUCTION OF A 1,112FTZ OF
SINGLE-STORY ADDITIONS WITH A BUILDING ENVELOPE OF
18.74'/25.77', ACCESSORY STRUCTURES AND RETAINING WALLS
IN THE REAR YARD WITH 144YD3 OF RELATED GRADING AT 6414
VIA DE ANZAR.
WHEREAS, on July 11, 2014, Matt Schneider, representing the property owners David
and Jolee Levendusky, submitted an application requesting approval to construct a single-story
addition to the rear of an existing two-story residence and accessory structures in the rear yard.
Based on preliminary review, the application was deemed incomplete on August a, 2014. After
submittal of additional information, Staff deemed the project complete on November 3, 2014;
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), the Planning Commission found the proposed project to be categorically exempt
under Class 1 (Section 15301); and,
WHEREAS, after notice issued on November 6, 2014, pursuant to the requirements of
the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed
public hearing on December 9, 2014, 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: Approval of a Height Variation to allow the proposed 1,112ft2 of single-
story additions to exceed the Code allowed building envelope of 16'/20' to 18.74'/25.77' is
warranted because:
A. The applicant has complied with the early neighbor consultation process by collecting
25% of the signatures within a 500' radius and 70% of the signatures within a 100'
radius.
B. The proposed addition to an existing structure that is above 16' in height does not
significantly impair a view from public property (parks, major thoroughfares, bike ways,
walkways or equestrian trails). More specifically, the proposed area of the addition does
not exceed 16' in height and there are no public parks identified within close proximity of
the subject site, as city-designated viewing areas.
C. The proposed new structure is not located on a ridge or a promontory, as defined in the
Development Code.
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D. The area of a proposed new structure that is above 16' in height when considered
exclusive of existing foliage does not significantly impair a view from the viewing area of
another parcel. More specifically, no portion of the proposed addition measures over 16'
in height.
E. The proposed addition to an existing structure that is above 16' in height is designed and
situated in such a manner as to reasonably minimize the impairment of view. More
specifically, 140.5yd3 of excavation is proposed to lower the building pad area of the
proposed addition which measures less than 16' in height.
F. There is no significant cumulative view impairment caused by granting the application as
no portion of the proposed addition measures less than 16' in height.
G. The proposed structure complies with all other Code requirements, including but not
limited to setbacks and open space restrictions.
H. The proposed structure is compatible with the immediate neighborhood character. More
specifically, the existing residence, including the garage is one of the smallest in the
neighborhood. As a result of the proposed 1,112ft2 of additions, the new structure size
of 2,846ft2 will be relatively similar to the average neighborhood structure size of
2,476ft2. The immediate neighborhood, including the existing residence, are Ranch style
with attached and detached garages. The designs and materials found in the
neighborhood include, flat/hip/gable roof designs with composite shingle/tile material,
stucco exterior, recessed entryways, and balconies to the rear. The proposed single-
story additions to the rear will match the existing and neighboring residences in
architectural style, fagade treatments, roof design and building materials. Additionally,
the increased mass as a result of the proposed addition will not be visible from the street
as it is located at the rear. Also, the proposed addition will not be readily noticeable from
the neighbor to the east or south as they are located at a lower elevation with lush
foliage between the properties. Only the top few feet of the proposed addition will be
visible from the neighbor to the west. Lastly, based on a visual survey and aerial photos
of the neighborhood, the proposed lot coverage and setbacks will be compatible with
other properties.
I. The proposed new structure that is above 16' in height does not result in an
unreasonable infringement of the privacy of the occupants of abutting residences as no
portion measures over 16' in height.
Section 2: Approval of a Grading Permit to allow the 144yd3 of grading with
supporting retaining walls is warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use of
the lot. More specifically, the subject site is zoned single-family residential, where the
Code allows for the construction of single-family residential buildings and associated
accessory structures for the residential use and occupancy. The proposed grading
involves mostly of cut to excavate the small slopes to create a flat area suitable to place
the proposed additions to the primary residence and accessory structures in the rear
yard. The proposed cut will be supported by retaining walls up to 5.39' in height.
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
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properties. The proposed additions does not exceed 16' in height and therefore, a view
analysis is not required. Additionally, the purpose of the proposed grading is to lower
the grade under the proposed building footprint, thereby lowering the height of the new
addition that could have been taller if built in the same location over existing grade.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. More specifically, the proposed grading area consists
of gentle slopes that descends in a southeasterly direction. The existing rear yard is
minimally sloped and nearly 40' will be preserved, while a portion will be excavated to
create a more flat area to accommodate the proposed additions and accessory
structures.
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. More specifically, the proposed grading
will be at varying depths (up to 2' max fill and up to 5' max cut) to create a more level
area to accommodate the proposed structures. Additionally, nearly 40' of the rear yard
will be preserved and the areas around the walkways and planter/pool equipment
enclosure walls will be blended with the existing contours.
E. The proposed grading is not for a new single-family residence.
F. The proposed grading is not for a new residential tract.
G. The grading utilizes street designs and improvements which serve to minimize grading
alternatives and harmonize with the natural contours and character of the hillside as the
proposed grading is in the rear yard.
H. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation as none exist in the proposed
grading area.
I. The grading conforms to the following standards: no grading nor finished slopes over
35% steepness, 5' maximum depth of cut or fill, no grading on slopes over 50%
steepness, retaining wall heights with exception to the west side yard, and driveway
slopes. A retaining wall in excess of 3.5' up to 5.39' in height is warranted in the west
side yard because it supports the proposed cut and it is consistent with the purposes set
forth in the grading section of the Municipal Code. The intent of the grading section
includes permitting reasonable development of land to ensure the maximum
preservation of the natural scenic character of the area consistent with reasonable
economic use of the property and that the development of each parcel occurs in a
manner harmonious with adjacent lands. Additionally, the proposed grading does not
exceed beyond what is necessary for the placement of the new structures and while the
proposed the new addition could have been placed on top of existing grade at the rear,
excavation to lower the new footprint area is proposed to minimize view impacts to
neighboring properties, while preserving the remaining 40' of the rear contours.
Furthermore, allowing a retaining wall in excess of 3.5' will not constitute a grant of
special privileges inconsistent with the limitation upon other properties in the vicinity as
most of the properties along the same street have retaining walls along both side
property lines given the terraced natures of the building pads. Lastly, allowing a
retaining wall in excess of 3.5' will not be detrimental to the public safety or other
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property as City Geologist and Building & Safety Division review and approval will be
required prior to any grading on the site.
Section 3: Approval of a Site Plan Review to allow the construction of a pool, spa
and related equipment is warranted because it complies with the City's Development Code,
including but not limited to setbacks and height.
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 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 4:30 PM on Friday, January 2, 2015.
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 4:30 PM on Friday, January 2, 2015.
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, Grading Permit and Site Plan Review for the construction of a 1,112ftz single-story
addition and accessory structures to the rear with 144yd3 of grading at 6414 Via De Anzar
(Case No. ZON2014-00276).
PASSED, APPROVED AND ADOPTED this 9th day of December 2014, by the following vote:
AYES: gommissioners Cruikshank, Emenhiser, James, Tomblin, Vice Chairman Nelson,
Chairman Leon
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner Gerstner
Gordon Leon
Chairman
Joel Rojas,'jAP
Community ev opment D' ctor; and,
Secretary o th Tanning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. ZON2014-00276 (HV/GR/SPR)
6414 VIA DE ANZAR
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.
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
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date of this Resolution.
10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
11. 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.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:OOPM on 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. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
13. 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.
14. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
15. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
16. No more than 50% of any existing interior and exterior walls or existing square footage
may be removed or demolished. Residential buildings that are remodeled or renovated
such that 50% or greater of any existing interior or exterior walls or existing square
footage is demolished or removed within a two-year period shall be considered a new
residence and shall then conform to all current development standards for that zoning
district and the most recently adopted version of the Uniform Building Code.
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Project Specific Conditions:
17. This approval is for the following:
a) 1,112ft2 of single-story additions to the rear of an existing two-story residence;
b) Pool, spa, related equipment in the rear yard;
c) 140.5yd3 of cut and 3.5yd3 of fill in the rear yard;
d) Retaining wall up to 3' in the east side yard;
e) Retaining wall up to 5.39' in the west side yard;
f) Retaining wall up to 4.66' in the rear yard to enclose pool equipment in the rear
yard;
g) New hardscape/landscape in the rear yard.
18. The maximum ridgeline of the approved addition is 202.44'. 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 189.14'.
19. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (39.84% proposed).
20. The approved addition shall maintain setbacks of 20' front, 15' rear (39.5' proposed), 5'
(5.25' proposed) west side and 5' east (15.16' proposed) side.
21. Prior to Building Permit Final, a covenant accompanied with the adopted resolution and
conditions of approval shall be recorded by the City with the County Recorder as a
convent running with the land stating that the owner agrees not to rent or use any portion
of the structure as a second residential unit.
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