PC RES 1996-037A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING
VARIANCE NO. 415, THEREBY APPROVING THE
REQUEST TO CONSTRUCT A NEW MULTI-LEVEL 7,265
SQUARE FOOT SINGLE FAMILY RESIDENCE THAT WILL
ENCROACH A MAXIMUM OF IV -6" INTO THE REAR YARD
SETBACK AREA AT 5888 MOSSBANK DRIVE
WHEREAS, on May 30, 1996, the applicant, Mr Doug Leach, representing the
landowners, Kevin and Fernanda Talbot, submitted an application for Variance No. 415,
a request to construct a new multi-level 7,265 square foot single family residence that
would encroach a maximum of 11'-6" into the required 15 foot rear yard setback area; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances
Statement), Staff found no evidence that Variance No 415 would have a significant effect
on the environment Accordingly, the proposed project has been found to be categorically
exempt Class II and III; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on October 22, 1996, 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 involved, or to the intended use of the property, which do not
apply generally to other property in the same zoning district in that, although the 24,000
square foot (approximate) area of the subject lot is significantly larger than the other RS -5
zoned lots found throughout the area, the buildable portion of the lot, including areas for
driveways and parking, measures only 5,000 square feet. The average lot size of eighteen
properties surveyed is 10,447 square feet, with most of the areas (excluding setbacks)
available for development Thus, although the applicant's is more than twice the size of
the average lot in the area, it has only one-half the buildable area as these same lots
This discrepancy qualifies as an exceptional or extraordinary circumstance applicable to
the subject lot, and therefore, this finding can be made
Section 2: That such a Variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant development of this lot cannot be obtained
without the granting of this Variance request due to the limited developable area of the lot
Without the proposed encroachments into the rear yard setback areas, especially towards
the eastern end of the lot, a reasonable depth for any structure could not be attained If
fact, towards the eastern end of the lot, the structure would be limited to approximately 25
feet in depth if built outside the required setback area. Therefore, given the limited and
unusual configuration of the building pad, the Variance is necessary to allow the applicant
to use the level area on the property to its fullest advantage, thereby minimizing impacts
to the Restricted Use Areas
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 the proposed residence will not signficantly impair the views
enjoyed from any surrounding properties which was affirmed through the view analyses
that were conducted with relation to this project.
Furthermore, the overall living area of the proposed residence has been reduced by more
than 1,400 square feet when compared with the previously approved house on this lot
This has been accomplished, in large part by eliminating a second story element at the
east end of the lot. Additionally, without this second story element, the views over this
portion of the proposed house, especially from the property at 5901 Clint Place, have been
more preserved than the previous design As a result, of the reduction in overall area, the
house is less massive and less bulky, which was a concern in the past. Due to its location
at the end of a cul-de-sac and due to the fact that the pad area of the lot is approximately
30 feet above the street elevation along Mossbank Drive and the house will be set back
more than 60 feet from the front property line, the house will not be readily visible from
other homes along Mossbank Drive
Section 4: That the granting of such a Variance will not necessarily be contrary to
the policies and objectives of the General Plan since the General Plan encourages
development throughout the City that maintains and enhances the visual qualities of
existing neighborhoods, without creating adverse impacts to the surrounding area As
analyzed, the proposed project will not have any adverse impacts to the surrounding area
Additionally, the residential use of this property, which is the General Plan's designated
land use for the lot, will not be altered as a result of the proposed structure
P C. Resolution No 96-37
Page 2
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Section 5: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17 60 060 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and
with the appropriate appeal fee, no later than fifteen (15) days following October 22, 1996,
the date of the Planning Commission's final action
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, and all other records of the proceedings, the Planning
Commission hereby grants Variance No 415, thereby approving the construction of a new
multi-level 7,265 square foot single family residence that will encroach a maximum of 11'-
6" into the required 15 foot rear yard setback area at 5888 Mossbank Drive, subject to the
conditions contained in Exhibit "A", attached hereto and made a part hereof, which are
necessary to preserve the public health, safety, and general welfare in the area.
PASSED, APPROVED, AND ADOPTED this 22nd day of October 1996, by the followi
vote.
AYES. Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck, Vice -Chair
Vannorsdall, and Chairman Clark
NOES.
ABSTENTIONS -
Carolynn Petru,
Director of Planning, Building, and Code
Enforcement, and, Secretary to the Planning
Commission
Lawrence E Clark,
Chairman
P C Resolution No 96-37
Page 3
EXHIBIT 'W
CONDITIONS OF APPROVAL
FOR VARIANCE NO. 415
(5888 Mossbank Drive)
a) The maximum downslope height of the structure shall not exceed, including
roofing materials, 29'-6" (ora ridge elevation of 1113 0' as measured from
pad elevation 1083 5) The maximum upslope height of the house shall not
exceed 16-0" (or a ridge elevation of 1113 0', as measured from datum
point 1097 0') RIDGE HEIGHT CERTIFICATION REQUIRED.
b) The following minimum setbacks shall be maintained.
20'-0" front yard
• 3'-6" minimum/11'-0" maximum rear yard
• 15'-0" side yard (minimum to both sides)
• 5'-0" side yard minimum to one side
c) A minimum of 47.5% open space shall be maintained on the property.
d) Construction of the project shall substantially conform to plans stamped as
received by the City on August 30, 1996
e) In the event that a Planning requirement and Building & Safety requirement
are in conflict with one another, the stricter standard shall apply
f) The construction site 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 is not 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
g) A completed and notarized City of Rancho Palos Verdes "Covenant to
Protect Views" form shall be submitted to the Planning Department prior to
the submittal of the approved plans into the Building and Safety Division's
Plan Check process.
P C Resolution No. 96-37
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h) This permit is contingent upon full compliance with the Conditions of
Approval for Grading Permit No 1898 for the grading that has been
approved in conjunction with the project
i) The maximum eave projection allowed into the required setback areas shall
not exceed 4 inches for each 1 foot of required setback
j) A minimum two car garage with a minimum interior dimension of 18 feet in
width and 20 feet in depth, shall be provided on the site and shall be
maintained for the storage of vehicles only.
k) All chimneys shall be lowered to the minimum height required by the
Uniform Building Code
I} The property owner shall submit a hydrology study prior to issuing of
building permits to the City Engineer to determine any adverse impacts to
existing flood control facilities generated by this project Should the City
Engineer determine that adverse impacts will result, the property owner will
be required to post a cash deposit or bond or combination thereof in an
amount to be determined by the Director of Public Works, which will be
based on the project's share of the necessary improvements
m) A drainage and erosion control plan and necessary support documents to
comply with the following requirements must be approved prior to issuance
of building permits
1 Provide drainage facilities to remove any flood hazard to the
satisfaction of the City Engineer and dedicate and show easements on the
final map Conduct all site drainage to the street by non -erodible means
2 Eliminate the sheet overflow and ponding or elevate the floors of the
building with no openings in the foundation walls to at least twelve inches
above the finished pad grade.
3 Provide drainage facilities to protect the parcel from high velocity
scouring action.
n) Construction activity shall be limited to daytime working hours (7 a.m. to 7
p m.) on weekdays only All grading equipment shall be equipped with a
muffler to reduce on-site grading noise levels.
P C Resolution No 96-37
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o) The State Department of Fish and Game shall be notified prior to
commencement of work within any natural drainage course affected by this
project.
p) Development shall comply with all requirements of the various municipal
utilities and agencies that provide public services to the property
q) Prior to approval of the final map and issuance of building permits, the
developer shall obtain clearance for construction from the City Geologist
and shall submit a geology and/or soils report of the expansive properties
of sods on all building sites in the proposed subdivision Such soils are
defined by Building Code Section 2904(b)
r) Any geologic hazards associated with this development shall be eliminated
or the City Geologist shall designate a restricted use area in which the
erection of buildings or other structures shall be prohibited
s) A preliminary sods report must be approved by the City Geologist prior to
issuance of grading permits and prior to final map approval
t) A note shall be placed on the approved grading plan that requires Director
of Environmental Services approval of rough grading prior to final
clearance The Director or a designated staff member shall inspect the
graded site for accuracy of pad elevations, created slope gradients, and
pad size Further, the Director may require certification of any grading
related matter.
u) Prior to issuance of grading permits and/or budding permits, an erosion
control plan shall be approved by the Director of Environmental Services
v) Grading shall conform to Chapter 29, "Excavations, Foundations, and
Retaining Walls" and Chapter 70, "Excavation and Grading" of the Uniform
Building Code.
w) Future grading for access to the buildable portion of the parcel shall be
substantially as shown on the approved tentative map Placement of
structures and grading for placement of structures shall only occur within
the development area designated on the approved tentative map This
development area shall be delineated on the final map substantially as
shown on the approved tentative map Areas outside of the permissible
development area shall be labeled restricted use areas on the final map
No structures or grading for placement of structures shall be allowed within
P C. Resolution No. 96-37
the restricted use area Grading for access and slope stabilization
purposes, as approved by the City Geotechnical Consultant, and minor
grading (<= 20 cubic yards) for landscape purposes, with City approval,
may be permuted within the restricted use area
X) Grading within the development area shall be limited to maximum of 750
cubic yards, and grading for access shall be limited to a maximum of 550
cubic yards Staff may approve grading quantities up to these amounts.
Grading in excess of these amounts may be considered by the Planning
Commission subject to the criteria in Chapter 17 50 of the Development
Code.
y) All lots shall be served by adequately sized water system facilities which
shall include fire hydrants of the size and type and location as determined
by the L A County Fire Department The water mains shall be of sufficient
size to accommodate the total domestic and fire flows required for the land
division. Domestic flow requirements shall be determined by the L A
County Fire Department All Fire Department requirements shall be
satisfied
z) All drainage swales shall have the cement colored to earth tones
aa) Any house numbering proposed by the subdivider must be approved by the
City Engineer
bb) Access to the proposed parcel shall be taken from Mossbank Drive. An
encroachment permit from the Public Works Department shall be required
for any grading or construction within the Mossbank right-of-way The
proposed driveway shall be relocated at the property owner's expense of
necessary in conjunction with any future expansion or extension of
Mossbank Drive
cc) The property owner shall be responsible for repair to any public streets
which may be damaged during development of this parcel
dd) All utilities to and on the lots shall be provided underground, including
cable television, telephone, electrical, gas and water. All necessary
permits shall be obtained for their installation Cable television shall
connect to the nearest trunk line at the property owner's expense.
M 1USERS\FASIOD\WPWIN641RESOLUTNIVAR415RE WPD
P C Resolution No 96-37
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