PC RES 1991-036P.C. RESOLUTION NO. 91-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 288, GRADING NO. 1394, AND ENCROACHMENT
PERMIT NO. 21 TO ALLOW CONSTRUCTION OF A NEW
MULTI-LEVEL MAIN STRUCTURE AND GUEST HOUSE AT
3807 CREST ROAD.
WHEREAS, the applicant, Dr. Don Sanders, submitted Variance
No. 288, Grading No. 1394, and Encroachment Permit No. 21 to allow
for:
a) -A maximum downslope height of the main structure to
measure 33 feet from adjacent, finished grade;
b) Grading and construction of the southeast portion of
the main structure into an extreme slope;
c) A complete reduction of the front yard setback to
allow for portions of the main structure to be located at or near
the front property line;
d) Improvements to occur within the Crest Road public
right-of-way including a new curb cut-out for driveway access, at
grade stairway for access to the main structure, and planter
areas/walls (less than 42" in height).
e) Corresponding grading for the main structure and
guest house. s
WHEREAS, after notice pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was held on
July 24, 1991, 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: That there are exceptional or extraordinary
circumstances or conditions applicable to the property which do
not apply generally to other properties in the same zoning
distract, in that the subject property does not have any ideal
developable area to erect a home. At the extreme southern portion
of the lot, (especially the southeastern portion), the lot slopes
down from Crest Road into an extreme slope. The remainder of the
lot continues to predominantly slope downward towards a common
driveway, accessed off of Crownview Drive. The lot also slopes
downward in a cross -slope (in a west -easterly direction) at
approximately the midway point of the property. Other restraining
physical features of the lot that limit development is a
substantial portion of loose fall land towards the northwest of
the lot and a 16 foot wide construction/sewer easement which runs
diagonally from the northeast corner of the lot to a point 53 feet
south, on the west property line, from the northwest corner of the
lot. Therefore, most suitable area for development on this very
difficult property is up towards the Crest Road property line.
Section 2: That such a Variance is necessary for the
preservation and enjoyment of a substantial property right of the
property owner, such right which is enjoyed by other property
owners under like conditions, since the physical topography of the
lot restricts the applicant from developing the property at the
southern portion of the lot. The Variance is necessary because at
this section of the property an extreme slope is situated and
portions of the main structure will be constructed and or placed
into this slope, which the Code generally prohibits. The Variance
is also needed to preserve the applicant's developmental rights
since portions of the main structure will encroach into the front
yard setback. And finally, by placing the main structure as
proposed on the lot, in an area where the least physical
disturbance to the land will result, the northeast corner of the
main structure will exceed the maximum allowable 30 foot downslope
height. This, too, requires the granting of the Variance.
Section 3: That the granting of the Variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property is
located, since it is Staff's opinion that the proposed project
will not significantly impair views from adjacent properties. The
proposed structure will not be out of scale or character with
homes in the area since these are fairly large, multi-level
residences ranging in style from more simple ranch style
structures to elaborate and ultra -modern custom homes.
Section 4: That the granting of the Variance will not be
contrary to the objectives of the General Plan or the policies and
requirements of the Coastal Specific Plan since by developing this
property with a single family residence, the residential use which
is specified by the General Plan for this region of the City, will
be maintained. Appropriate conditions will assure that the guest
house will not be utilized as a rental unit. The property is not
located within any Coastal Specific Plan District.
Section 5: The proposed encroachment of the new curb cut,
access stairs and planter areas will be in the best interest of
the City since these improvements will not .interfere with the
Crest Road right-of-way and the permit is necessary since access
and location to both the garage and residence will be at or near
the front yard property line.
Section 6: For the foregoing reasons and based on the
information and findings included in the staff report and records
of the proceedings, the Planning Commission hereby approves
Variance No. 288, Grading No. 1394 and Encroachment Permit No. 21
subject to the conditions contained in Exhibit "A" attached hereto
and made a part hereof, which are necessary to preserve the public
P.C. Resolution No. 91-36
Page 2
health, safety, and general welfare in the area.
PASSED, APPROVED and ADOPTED this 30th day of July, -1991.
zz�lljn* r--/
ober Ben rd, Director of
Environmental Services and
Secretary to the Commission
Peter Vorl Hagen
Chairman
P.C. Resolution No. 91-36
Page 3
1
•
EXHIBIT "A"
•
CONDITIONS OF APPROVAL
FOR
VARIANCE NO. 288, GRADING 1394 AND ENCROACHMENT PERMIT NO. 21
1. The applicant shall work with Staff to develop an alternative
location for the southeastern portion of the lot so that no
portion of the structure will be located within an extreme
slope. Appropriate revisions and alterations shall be
approved by the Director of Environmental Services.
2. The applicant shall complete, notarize, and submit a Covenant
to Protect Views prior to the issuance of final building
permits.
3. Maximum height of the main structure shall not exceed a ridge
height of el. 1373.5 feet as measured from el. 1340.5 feet,
(or 331-0")
4. Maximum height of guest house shall not exceed el. 1336.5
feet, as measured from el. 1324.5 feet, (or 12'-0").
5. The following minimum required setbacks shall be maintained
for both the main structure and the guest house.
Combined side yard setbacks: 20'-0"
Minimal to one side: 5'-01"
Rear yard: 15'-01
"
6. A landscape pian shall be submitted to the Department of
Environmental Services for review and approval by the
Director of Environmental Services.
7. A second unit covenant shall be submitted and recorded with
the Environmental Services Department to assure that the
guest house will not be utilized as a rental unit. The
applicant shall be prohibited from placing or having kitchen
facilities within the guest house.
8. Maximum eave projections shall not exceed 4" for each 1'-0"
of required setback.
9. Minimum 5'-0"/Maximum 6'-0" required pool fencing with self-
latching/self-locking gates shall be erected, so the entire
property is enclosed.
10. Pool equipment shall be located a minimum of 3'-0" from any
property line. Pool equipment enclosure shall not exceed 78"
in height.
11. Maximum height of any walls between the front property line
P.C. Resolution No. 91-36
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and public right-of-way shall not exceed 42".
12. Stairway accessing the front entry shall be at grade only.
No raised structure shall be permitted.
13. Prior to the issuance of building permits, the property owner
shall submit to the City a Hold Harmless agreement.
14. Prior to the issuance of building permits, the property owner
shall obtain liability insurance of'$1,000,000.00 naming the
City as additional insured, and provide to the City a copy of
said insurance policy annually.
15. The property owner shall agree to remove any and all
improvements with -in the right-of-way within 10 days upon
written request by the City except in emergency situations
where removal may be required on shorter notice. If the
owner fails to remove the improvements within the specified
time, the City will do the work and the owner will be billed.
16. Prior to the issuance of building permits, the property owner
shall record the above -conditions as a covenant running with
the land to the satisfaction of the City Attorney.
17. Prior to the issuance of building permits, the property owner
shall obtain a formal Encroachment Permit from the Public
Works Department.
18. The property owner shall obtain a permit/approval for all new
curb cuts from the Department of Public Works.
19. Maximum quantity of grading shall not exceed a total of 1,000
cubic yards.
20. Maximum height of downslope retaining wall shall not exceed 8
feet.
21. Maximum percentage grade of driveway shall not exceed 200.
22. A new grading application shall be submitted by the property
owner reflecting any changes in grading as a result of the
modifications to the main structure.
23. No grading or placement of any structure shall take place
over the existing 16 foot construction/sewer easement located
at the northern end of the property.
P.C. Resolution No. 91-36
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