PC RES 1999-038A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 445,
HEIGHT VARIATION NO. 873, GRADING PERMIT NO. 2077, AND
SITE PLAN REVIEW NO. 8436 TO GRADE A TOTAL OF 392
CUBIC YARDS OF EARTH FOR THE CONSTRUCTION OF A NEW
6,038 SQUARE FOOT TWO STORY SINGLE FAMILY RESIDENCE
WHICH EXCEEDS THE MAXIMUM STRUCTURE SIZE BY 10%,
AND A 648 SQUARE FOOT DETACHED DECK TO THE
PROPERTY, LOCATED AT 2810 COLT ROAD.
WHEREAS, on November 25, 1998, the applicant, Mr. & Mrs Patrick Rumsey
submitted applications for Variance No 445, Height Variation No. 873, Grading Permit
No. 2077, and Site Plan Review No 8436 to grade a total of 392 cubic yards of earth for
the construction of a new 6,038 square foot two story single family residence which
exceeds the maximum structure size by 10%, and a 648 square foot detached deck to
the subject property located at 2810 Colt Road; and,
WHEREAS, on August 17, 1999 the application package was deemed complete;
WHEREAS, pursuant to the provisions of the California Quality Act, Public
Resource 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 Variance No. 450, Height
Variation No 883, and Site Plan Review No 8563 would have a significant effect on the
environment and, therefore the proposed project has been found to be categorically
exempt (Class 3 Section 15303(e)(1)); and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, Planning Commission held a duly noticed public hearing on
October 12, 1999, at which 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: The protect site has exceptional and extraordinary circumstances
since the lot is entirely usable and there are no Open Space Hazard overlay on the
subject property. Further, the subject property is comparable to two other properties on
Colt Road that is somewhat within range. Also, the proposed residence size is within
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range of permissible sizes for the existing area since the overall structure size will not
appear massive or bulky due to the various architectural variations As such, the
subject property warrants a larger house since the nature of the site does not have any
physical constraints such as steep transitional slopes or Open Space Hazard zoned
area
Section 2: The project site is currently developed with a single family
residence which is the primary use in the RS -2 zone. A Variance is warranted to allow
the structure to exceed the maximum structure size since the size of the structure is
comparable and will still be within range if the other property owners in the area were to
expand up to their respective maximum structure sizes, based upon original footprints
which were larger than the subject property's. The structure will not appear massive or
bulky due to the variations to the fagade, and the height of the second story level will not
create a significant view impairment from the adjacent property. As such, the Variance
is warranted in order to allow the applicant to maintain his/her property rights in a
manner that is consistent with other lots that do not have limited amount of usable area.
Section 3: The requested Variance to exceed the maximum structure size
would not be detrimental to the public welfare or injurious to property and improvements
in the area since the proposed residence will not create a significant and cumulative
view impairment, or infringement of privacy to the adjacent neighbors Furthermore, the
new residence will not be architecturally out of character with the neighborhood
Section 4: The requested Variance to allow the residence to exceed the
maximum structure size will be consistent with the goals and objectives of the General
Plan since the structure size will be within range permissible within the surrounding
area, and will not be out of character in size since the structure will not appear bulky or
massive due to the various variations that will be implemented to the facade As
proposed, the project consists of improvements that are routinely permitted in
residential zones based on the General Plan, provided that the improvements comply
with the provisions set forth in the Development Code.
Section 5: The applicant has complied with the Early Neighbor Consultation
process established by the City by obtaining acknowledgement signatures from 26% of
the property owners within the 500' radius and 75% of the property owners with the 100'
radius.
Section 6: The proposed structure does not significantly impair a view from a
viewing area from any public property identified in the City's General Plan, and the
property is not located within the Coastal Specific Plan area, therefore the proposed
structure does not significantly impair a view from the public property
P C Resolution No 99-38
Page 2 of 4
Section 7: The proposed structure is not located on a ridge or promontory
since the property is located below the highest ridge in the tract which lies to the west of
the site. Also, there are no canyons located adjacent to this neighborhood and the
property is not situated along the coastal bluffs.
Section 8: The proposed structure, when considered exclusive of forage, does
not significantly impair a primary view to the adjacent properties since the protected
views are not enjoyed in direction of the subject lot, and will not significantly impair a
view due to the significant difference in elevation of the adjacent lots.
Section 9: No cumulative view impairment will result from granting the
applicant's request since no primary protected views are impacted by the proposed
addition.
Section 10: No primary protected views from the surrounding properties would
be significantly impacted by the proposed project as the project is designed and situated
in such a manner as to minimize view impairment
Section 11: The proposed structure will be constructed in accordance with the
residential development guidelines of the City's Municipal Code, if the Variance is
granted. Since the proposal does comply with all other Code requirements, and the
findings related to the Variance can be made, the proposed project complies with the
intent of this finding. Furthermore, the proposed addition will also be required to comply
with all safety standards of the Uniform Building Codes, and be reviewed, inspected and
approved by the Building and Safety Division.
Section 12: The proposed structure is compatible with the residences along
Colt Road since the total apparent bulk and mass is comparable to existing two-story
residence sizes. Also, the proposed balconies and inset of the structure's fagade would
further alleviate the flat facades
Section 13: The proposed addition will not infringe on the privacy of the
occupants of the abutting residence to the south at 2756 Colt Road since the one story
residence is below the building pad of the applicant's property and the residence will be
situated approximately 960" from the rear property line Also, there is existing
vegetation along the interior side and rear yard area that will remain on the lot to
maintain privacy. Therefore, the proposed second level will not afford the subject
property a view into the outdoor gathering area or private interior area of the
neighboring residences, and will not create unreasonable infringement of privacy to the
interior or outdoor privacy to 2756 Colt Road (abutting residence)
PC Resolution No. 99-38
Page 3 of 4
Section 14: The Site Plan Review for the first story level can be granted since
the approval is contingent upon the approval of the Variance to exceed the maximum
structure size Also, the proposed deck, pool, and fence are in compliance with the
Development Code standards. The proposal is found to adhere to code requirements.
Section 15: 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)0) 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.
Section6: For the foregoing reasons based on the information and findings
included in the Staff Report, Minutes and other record of proceeding, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Variance No. 445,
Height Variation No. 873, Grading Permit No. 2077, and Site Plan Review No. 8436 to
grade a total of 392 cubic yards of earth for the construction of a new 6,038 square foot
two story residence which will exceed the maximum structure size by 10% (556 square
feet), and a 648 square foot detached deck. The proposed height of structure will be
242", as measured from the highest existing grade covered by structure (elevation of
744.0') to the proposed ridgeline (elevation of 768.65), for the property at 2810 Colt
Road, subject to 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.
PASSED, APPROVED, AND ADOPTED this 12th day of October 1999, by the
following vote:
AYES:
NOES:
ABSENTATION:
ABSENT:
Alberio, Cartwright, Lyon, Paris, and Slayden
Clark and Vannorsdall
Joel Rbias, AICP
Jandde
r of Planning, B it ng
Enforcement; and
ry to the Planning Commission
;7Jo—n.S'c Cartwrighf
Chairman
PC Resolution No. 99 --
Page 4 of 4
110 0
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 445, HEIGHT VARIATION NO. 873,
GRADING PERMIT NO. 2077, AND SITE PLAN REVIEW NO. 8436
GENERAL
1. Prior to the submittal of plans into Building and Safety "plan check", the
applicant shall submit to the City a statement, 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 one (1) year 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 after initiating the "plan check" review process, or
receiving a building permit to begin construction, if 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 one year
shall terminate the approval and any privileges hereunder shall become
null and void.
5. The applicants, Mr. & Mrs. Rumsey, hereby agree to indemnify, defend
and hold the City of Rancho Palos Verdes and its officials, officers,
employees, and agents harmless from any and all liability or financial loss,
including without limitation, legal expenses and court costs resulting from
any suits, claims, losses or actions brought by any person, including,
without limitation, Mrs. Barbara Zuliani, by reason of this approval and the
placement of fencing over the fifteen —foot easement which is located at
the rear of the subject property that has been referred to as Clotilde Lane.
6. The applicant shall obtain all necessary building permits and comply with
the Building and Safety requirements.
P. C. Resolution No. 99-38
Exhibit "A"
Page 1 of 4
IIIII II
VARINACE NO. 444 AND HEIGHT VARIATION NO. 873
7. The proposed residence shall not exceed 6,038 square feet in area (which
includes a 2,693 square foot first level, 2,563 square foot second level,
and a 738 square foot 3-car garage) and twenty-four feet two inches
(24'2") in height, as measured from the highest existing grade covered by
structure (elevation of 744.0) to the proposed ridgeline (elevation of
768.65).
8. The applicant shall provide to the Building and Safety a certification that
the proposed ridgeline does not exceed twenty-four feet two inches from
the highest existing grade, as measured from elevation of 744.0' to the
proposed ridgeline (elevation of 768.65'). RIDGE HEIGHT
CERTIFICATION REQUIRED.
9. The proposed height of the 3-car garage shall not exceed fourteen feet
(14'0") in height, as measured from elevation 744.0 to the ridgeline
(elevation of 158.0). RIDGE HEIGHT CERTIFICATION REQUIRED.
MAJOR GRADING
10. The proposed deck shall not exceed twelve feet (12'0") in height, as
measured from the finished grade to the top of the handrail. At no time
shall the area below the deck be enclosed, unless the applicants obtain
the necessary permits from the Department of Planning, Building and
Code Enforcement.
11. The handrail above the deck shall not be less than 3'6" in height.
12. The proposed height of fill shall not exceed 9'0" in height for the deck
area.
13. The deck shall not exceed 648 square feet in area and shall be situated
approximately 15'0" further south from the existing stable located at the
rear of the property.
14. The existing 1,316 square foot stable that is located at the rear of the
property shall be demolished during the time of construction.
P.C. Resolution No. 99- 38
Exhibit "A"
Page 2 of 4
41) 4 4 .
SITE PLAN REVIEW
15. The proposed swimming pool shall be situated approximately 19'0" from
the northern side property line and shall not encroach into the 15'0" wide
road and utility easement that is located at the rear of the property.
16. The pool equipment shall be situated approximately 5'0" from the interior
side property line (proposed: 5'0"), and shall not encroach into the 15'0"
wide road and utility easement that is located at the rear of the property.
17. The proposed water fountain that is located within the front yard area shall
not exceed 42" in height (proposed: 42").
18. The new septic tank and seepage pit shall be located to the southern side
of the property adjacent to the residence (near the narrow access
easement). The seepage pit shall be 5'0" in diameter and 30'0" deep,
however the capacity shall also conform to the Uniform Building Code
requirements.
19. The proposed wrought-iron fence along the front (Colt Road) above the
Edison utility easement and halfway along the narrow access easement
(known as "Clotilde Lane" to the residents) shall not exceed 42" in height.
Also, the proposed fence that will be connected to the 42" high fence shall
not exceed 5'0" in height which will wrap around the rest of the property,
including above the 15'0" wide utility and road easement that is located at
the rear of the property. The 42" high wrought-iron fence will be located at
the same location as the existing 42" high wood fence.
20. The proposed entry way shall not exceed 114 square feet in area.
21. The proposed balconies shall not exceed 196 square feet in area.
22. The drainage course shall be reviewed thoroughly at the time the plans
are submitted to the Building and Safety Department.
23. Vegetation shall be maintained along the interior and rear property line,
adjacent to the new swimming pool to help maintain the existing privacy
between the abutting residences.
P.C. Resolution No. 99- 8
Exhibit "A"
Page 3 of 4
010 1 . .
24. The applicant shall permanently remove the two existing 50'0"-60'0" high
Ficus Trees that are located adjacent to the existing stable and within the
front yard area during the time of construction.
MISCELLANEOUS
25. The minimum setbacks shall conform to the approved plans, but in no
case shall be less than:
Front: 20'0" Sides: 5'0"/Street-Side: 10' Rear: 15'
26. The existing trees that are located along the front and street-side (Colt
Road) shall be trimmed so that there is a 3'0" separation between each
tree, or the trees shall be cut to 42" in height, if there is no 3'0" separation
between each tree.
27. A minimum of sixty (60%) percent of open space shall be maintained on
the property (proposed: 66.6%).
28. No skylights are approved with this approval.
29. 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.
30. 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.
31. The construction of 6,038 square foot two-story residence shall conform to
the approved plans submitted to Department of Planning, Building and
Code Enforcement stamp dated on May 14, 1999.
P.C. Resolution No. 99- 38
Exhibit "A"
Page 4 of 4