PC RES 1998-010P.C. RESOLUTION NO. 98-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING HEIGHT VARIATION
NO. 850, MAJOR GRADING PERMIT NO. 1986, AND SITE PLAN
REVIEW NO. 8112, THEREBY APPROVING A 698 SQUARE FOOT
THREE -CAR GARAGE, A 279 SQUARE FOOT ADDITION TO THE
EXISTING RESIDENCE, A 723 SQUARE FOOT SECOND STORY
ADDITION ABOVE THE NEW GARAGE WITH A MAXIMUM HEIGHT
OF TWENTY-TWO FEET TWO INCHES (22"2") FROM FINISHED
GRADE TO AN EXISTING 3,024 SQUARE FOOT, ONE STORY
RESIDENCE, AND ALLOWING A TOTAL OF 466 CUBIC YARDS OF
GRADING, LOCATED AT 30828 MARNE DRIVE.
WHEREAS, on October 15, 1997, the applicant, Mr & Mrs Victor Chen submitted
applications for Height Variation No 855 and Site Plan Review No 8112 to construct a
new 977 square foot addition and a 723 square foot second story addition above a new
three -car garage with a proposed height of twenty-two feet two inches (222"), and
approval for a Mayor Grading Permit for a total of 466 cubic yards of grading on the subject
lot, located at 30828 Marne Drive, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Section 21000 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 65962 5(f) (Hazardous Waste and Substances
Statement), Staff found no evidence that Height Variation No 850, Site Plan Review No.
8112, and Grading Permit No 1986 would have significant effect on the environment and,
therefore the proposed project has been found to be categorically exempt (Class 1,
Section 15301 (e)(1)), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Codes, the Planning Commission held a duly noticed public hearing
on February 24, 1998, at which ail interested parties were given an opportunity to be heard
and present evidence
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DO HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1; The applicant has complied with the Early Neighbor Consultation
process established by the City by obtaining acknowledgement signatures from 41 % of the
property owners within 500' of the subject property, and 70% of the owners within 100' of
the project site who have reviewed the plans
Section 2: The structure does not significantly impair a view from public property
which has been identified in the City's General Plan or Coastal Specific Plan as City -
designated viewing areas since there are no City -designated public viewing areas located
in this subdivision and the subject property is not located within the Coastal Specific Plan
area.
Section 3: The proposed structure is not located on a ridge or promontory since
the property is located below the high points of the tract Also, there are no canyons
located adjacent to this neighborhood and the property is not situated along the coastal
bluffs
Section 4: The proposed second story addition, when considered exclusive of
foliage, does not significantly impair a primary view from the viewing area of another parcel
due to the orientation of the house on the lot and the significant difference in elevation of
adjacent lots Also, the protected views of the adjoining properties will not be impaired or
impacted since the proposed addition will not exceed the height of the existing ridgeline
Section 5: No significant cumulative view impairment will result from granting the
applicant's request since no protected primary views are impacted by the proposed
addition
Section 6: No primary views from the surrounding properties would be
significantly impacted by the proposed project, and the addition area that exceeds 160"
in height is located above the new three -car garage area. The addition will appear as if
it was originally constructed at that size, and will not exceed the ridgeline of the existing
residence Therefore, the project is designed and situated in such a way to minimize view
impairment.
Section 7: The proposed structure will be constructed in accordance with the
residential development guidelines of the City's Municipal Code and the structure will not
reduce the front, side, or rear yard setbacks Also, the proposed addition must comply with
the Uniform Building Codes and be, reviewed, inspected, and approved by the Building
and Safety Division.
Section 8: The proposed structure is compatible with the immediate
neighborhood character since the total project bulk and mass is comparable to the
surrounding residence sizes, several of which have similar additions The proposed
second story addition will be located above the new three -car garage, and the new
building footprint will meet the minimum front yard setback. Also, the proposed size of the
residence is consistent with the surrounding home sizes.
Section 9: The proposed addition will not infringe on the privacy of the occupants
of the abutting residences, since the lot to the northwest is upslope from the project site
and the addition will be nineteen(19'0") feet from the side property line. Also, the addition
PC •_ • • • 98-10
Page of
0 0
will not infringe on the privacy of property to the southeast of the subject site since it is at
a lower elevation and the addition is on the opposite end of the lot The proposed addition
will not afford the subject property a view into the private interior areas of neighboring
residences Therefore, the proposed addition will not create unreasonable infringement
to the interior and outdoor privacy on any abutting properties
Section 10: The proposed grading of 466 cubic yards is necessary to lower to pad
area for the proposed garage addition to minimize the overall height of the structure Also,
the retaining wall adjacent to the driveway is also necessary to stabilize the slope since
the grade level will be lowered. The proposed grading will not cause any significant
disturbance to the natural contours since the excavation will be conducted below the new
budding footprint Therefore, the project will not cause major land sculpturing to the
natural topography
Section 11: The proposed skylights and modifications to the existing residence will
be reviewed by a Site Plan Review since no grading is necessary, and these additions
comply with the height requirements Therefore, the proposed addition will conform to the
Development Code standards
Section 12: A Foliage Analysis was conducted by Staff in conjunction with the
Height Variation No 855 application and no foliage on the project site was determined to
significantly impair a protected view from a surrounding residence, therefore no foliage
removal is required.
Section 13: Any interested person may appeal this decision or any portion of this
decision to the City Council. Pursuant to Section 17 02 040 (C)(1)(j) 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 the date of the Planning
Commission's final action
Section 14: 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 approved Height Variation No.
850, Major Grading Permit No. 1986 and Site Plan Review No 8112, thereby approving
a 977 square foot addition and a 723 square foot second story addition above the new
three -car garage, with a proposed height of 222", to an existing 2,924 square foot, two-
story residence and allowing a total of 466 cubic yards of grading for the proposed garage
and required driveway, for the property located at 30828 Marne Drive, subject to the
conditions contained in Exhibit "A", attached hereto and made a part hereof, which are
necessary to protect the public health, safety and welfare in the area
PC Resolution No 98-10
Page 3 of 4
.
•
PASSED, APPROVED, AND ADOPTED this 24th day of February 1998, by the
following vote:
AYES: Commissioners Alberio , Paris , Slayden, Lyon, Vannorsdall ,
and Vice Chairman Cartwright
NOES: NONE
ABSENTATIONS: NONE
ABSENT: Chairman Clark
Lawrence E. Clark
Chairman
AWL `. -S
oel R• as7A ICP
cting 'irector of Plan • Building
a,• ' ode Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 98-1 o
Page 4 of 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
HEIGHT VARIATION NO. 850,
MAJOR GRADING PERMIT NO. 1986,
AND SITE PLAN REVIEW NO. 8112
Prior to the submittal of plans into Building and Safety "plan check", the applicant
shall submit to the City a statement, in writing, that they have read, understand and
agree to all the conditions of approval contained in this resolution Failure to
provide said written statement within ninety (90) days of approval shall render this
approval null and void
2 The approval shall be null and void after 180 days from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the
"plan check" review process, pursuant to Section 17 86 070 of the City's
Development Code This approval shall become null and void if after initiating the
"plan check" review process, or receiving a building permit to begin construction,
said "plan check" or permit is allowed to expire or is withdrawn by the applicant
3 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions
4 The abandonment or non-use of this approval after a period of six months shall
terminate the approval and any privileges granted hereunder shall become null and
void
5 The proposed addition shall not exceed a total of 1,700 square feet in area
(including a new 698 square foot three -car garage, a 279 square foot first story
addition, and a 723 square foot second story addition above the garage) and
twenty-two feet two inches (222") in height, measured from finished grade on the
west side of the residence (elevation of 98 33) to the proposed ridgeline (elevation
of 120 50)
6 The minimum setbacks shall conform to the approved plans, but in no case shall be
less than -
Front. 20' Side 5' interior Rear: 15'
7 The applicant shall provide to the Building and Safety Division a certification that
the proposed ridgeline does not exceed twenty-two feet two inches (222"),
measured from finished grade on the west side of the residence (elevation of 98 33)
to the proposed ridgeline (elevation of 120 50). RIDGE HEIGHT CERTIFICATION
REQUIRED.
PC Resolution No. 98-10
Exhibit "A"
Page 1 of 2
8 The proposed grading shall not exceed 466 cubic yards for the proposed addition
and retaining wall Since there will be no fill, the applicant shall submit a dump
deposit to the Building and Safety Division prior to the submittal of "plan check"
review for the removal of 466 cubic yards of earth from the subject site.
9 The proposed retaining wall adjacent to the driveway shall not exceed the height
of eight (8'0") feet, as measured from finished grade on the low side to the finished
grade on the high side
10. Two (2) skylights are permitted with this application, and they shall not exceed 2'x4'
in area and shall not exceed the height limit of sixteen (160") feet, as measured
from the highest elevation covered by structure (elevation of 106 0)
11. The property shall be enclosed with a six (60") high chain-link fence during the time
of construction
12 A minimum of sixty (60%) percent of open space shall be maintained on the
property (proposed 71 %)
13 The appearance of the exterior finishes of the proposed addition must be
compatible with the existing structure
14 No foliage removal is required in conjunction with the proposed addition.
15. The hours of construction shall be limited to 7 00 a.m, to 7 00 p.m., Monday through
Saturday No construction shall be permitted on Sundays or on legal holidays
16. 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 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.
P C. Resolutions No. 98-10
Exhibit "A"
Page 2 of 2