PC RES 2003-037P.C. RESOLUTION NO. 2003-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE
DIRECTOR'S AMENDED APPROVAL OF CASE NO. ZON2002-00001 FOR A
SITE PLAN REVIEW ALLOWING, AS REDESIGNED, THE CONSTRUCTION
OF A NEW 3,220 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE
ON AN EXISTING PAD, FOR PROPERTY LOCATED AT 30650 PALOS
VERDES DRIVE EAST.
WHEREAS, on January 2, 2002, the applicant, Mike Pankof representing property owner
James Wolf, submitted a Height Variation and Grading Permit applications (hereinafter referred
to as Case No ZON2002-00001) to demolish an existing residence and conduct 1,150 cubic
yards of grading to accommodate a new tri -level residence at 30650 Palos Verdes Drive East,
and,
WHEREAS, on June 21, 2002, the applicant submitted a revised project and a Site Plan
Review application that included a one-story design and reduced the grading quantity to 468
cubic yards; and,
WHEREAS, on August 20, 2002, after being deemed complete on July 19, 2002, the
project was again revised; and,
WHEREAS, on September 18, 2002, the applications were deemed incomplete pending
the submittal of additional information; and,
WHEREAS, upon the submittal of additional information attesting that less than 20 cubic
yards of grading would be conducted, and that only the Site Plan Review application is
applicable to the proposed project, Case No. ZON2002-00001 was deemed complete by Staff
on January 24, 2003, 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 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 Case No ZON2002-00001 would have a significant
effect on the environment and, therefore, the proposed project has been found to be
categorically exempt under Class 3 (Section 15303) since the project consists of the
construction of a new single-family residence within an area developed with single-family
residences, and,
WHEREAS, on March 21, 2003, the Director of Planning, Building and Code
Enforcement reviewed Case No ZON2002-00001 and conditionally approved said Case, and a
Notice of Decision was prepared and distributed to all interested parties, and,
WHEREAS, on April 8, 2003, within fifteen (15) days following the Director's Notice of
Decision, the appellants, Ms Clara Duran Reed, Mr Ted Mueller and Mr Patrick Mathiesen,
filed an appeal to the Planning Commission requesting that the Planning Commission overturn
the Director's conditional approval of Case No. ZON2002-00001 based upon the belief that the
Director did not take into account the intent and spirit of the Development Code when rendering
a decision on the project, and that not all of the Findings associated with the Site Plan Review
application can be made in a positive manner to warrant approval of the project; and,
WHEREAS, on April 15, 2003, additional information was submitted by the appellants;
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
June 10, 2003, at which time all interested parties were given an opportunity to be heard and
present evidence; and,
WHEREAS, at the June 10, 2003 Planning Commission meeting, concerns were
expressed regarding the architectural style, and the bulk and mass of the proposed residence,
and continued the item to the July 8, 2003 Planning Commission meeting; and,
WHEREAS, at the July 8, 2003 Planning Commission meeting, the item was continued
to the August 26, 2003 meeting to allow the applicant additional time to redesign the project.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1: As indicated in the Memorandum to the Director dated February 27, 2003,
incorporated herein by reference, the proposed project complies with the requirements and
findings set forth in the Development Code for Site Plan Review applications
Section 2: The Planning Commission hereby upholds the Director's conditional
approval of Case No. ZON2002-00001, and finds as follows.
a) The new single-family residence is compatible with the scale of surrounding
residences, including total square footage and lot coverage of the residence and
all ancillary structures, because the resulting structure size is not a substantial
deviation from the characteristics in the immediate neighborhood and is
compatible with the immediate neighborhood.
b) The new single-family residence is compatible with the architectural styles,
including fagade treatments, structure height, open space between structures,
roof design, the apparent bulk or mass of the structure, number of stories, and
building materials The proposed fagade treatments, roof design and building
materials are consistent with the immediate neighborhood; the proposed height
is within the range of heights found in the immediate neighborhood, and,
although the new residence will be taller than the existing residence, the
proposal includes a variety of roof planes and ridgeline elevations, which
articulates the roof of the structure
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c) The new single-family residence is compatible with the front yard setbacks since
this project will maintain a 21'-10" front yard setback, which is greater than what
others in the immediate neighborhood maintain
Section 3: 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 4: For the foregoing reasons, and based on the information and findings
included in the Memorandum to the Director dated February 27, 2003, the Memorandums to the
Planning Commission dated June 10, 2003 and August 26, 2003, Minutes and other records of
proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby denies the
appeal, thereby upholding the Director's conditional approval of Case No ZON2002-00001 and
all the conditions of approval as stated in the attached Exhibit "A"
PASSED, APPROVED, AND ADOPTED this 26th day of August 2003, by the following vote:
AYES Cartwright, Long, Lyon, Mueller
NOES- Cote
ABSTENTIONS: None
ABSENT. Tomblin
RECUSED: Duran Reed
Joel R aas, Aic
DirectJr of Pia ning, Building and
Vodenforcem ,and, Secretary
lanning Commission
Ll-
Thomas
l
Thomas Long
Planning Commission Cha
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for
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. ZON2002-00001
(SITE PLAN REVIEW)
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
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 approval. Failure to
provide said written statement within ninety (90) days following the date of this approval
shall render this approval null and void
2 The scope of work approved under Case No. ZON2002-00001 for a Site Plan Review is for
the construction of a new one-story single-family residential structure. Specifically, the
approval includes a 2,767 square foot residence and a 453 square foot attached garage, for
a total structure size of 3,220 square feet SUBJECT TO REVIEW AND APPROVAL BY
THE BUILDING OFFICIAL, A STRUCTURE SIZE CERTIFICATION IS REQUIRED BY A
REGISTERED ENGINEER OR ARCHITECT, PRIOR TO BUILDING PERMIT FINAL.
3 The height of the proposed residence will measure 16 -feet as measured from the highest
pad elevation (elevation 88.8') covered by the structure located at northwest corner of the
new structure to highest ridgeline (ridgeline elevation 104.8'), and 17.67 -feet in overall
height as measured from lowest finish grade elevation (elevation 87.13' located at the south
elevation of the new structure) to highest ridgeline. SUBJECT TO REVIEW AND
APPROVAL BY THE BUILDING OFFICIAL, A RIDGELINE/STRUCTURE HEIGHT
CERTIFICATION IS REQUIRED BY A LICENSED LAND SURVEYOR OR REGISTERED
ENGINEER, PRIOR TO ROOF SHEATHING.
4. The addition shall maintain the following minimum setbacks -
15' -0" rear yard (proposed- 42 -feet from south property line)
5'-0" side yard (proposed 16'-2" west side / ±95'-0" east side)
21'-10" front yard (proposed- 21'10" from north property line)
SUBJECT TO REVIEW AND APPROVAL BY THE BUILDING OFFICIAL, A
FRONT YARD SETBACK CERTIFICATION IS REQUIRED BY A LICENSED
CIVIL ENGINEER OR SURVEYOR, PRIOR TO POURING OF FOOTINGS.
5 No structures are approved within the access easement unless written consent is granted
by the easement holder(s)
6 The chimneys shall not be any taller than the minimum required height for chimneys, as
required by the Uniform Building Code
7 The living room fireplace and chimney shall be located on the west wall of the living room.
8 Vehicles shall not be parked in front of the garage.
P.C. Resolution No. 2003-37
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9 The new residence shall maintain a hip roof design with a maximum 3 12 pitch
10 The terrace rotunda shall maintain a maximum of six columns
11 The architectural style shall be consistent with the plans approved by the Planning
Commission on August 26, 2003
12. A minimum of three (3) uncovered parking spaces shall be provided and maintained on-site,
located between the new residence and the west property line, and outside of the required
front yard setback area as illustrated on the approved site plan.
13 No grading is approved or allowed under this permit approval. Further, an as -built grading
plan shall be submitted attesting that less than 20 -cubic yards of grading was conducted
14. Due to the OH (Open Space Hazard) zoning of a portion of the subject property where this
project is proposed, this approval shall not be effective until a zone change is approved so
that the new residence is no longer in the OH Zone.
15. If the zone change is approved, the subject property will maintain an RS -2 zoning
designation Thus, a maximum forty percent (40%) lot coverage is allowed on the lot
(proposed. 18%).
16. Based on a site visit conducted for Site Plan Review No 9163 on June 8, 2001, Staff found
that the Jacaranda tree adjacent to the west property line significantly impaired a view from
the viewing area of another parcel. The subject tree shall be removed prior to building
permit issuance
17 All utilities to and on the subject 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
18 The proposed pool shall maintain a minimum 3 -foot setback from side property line, and
shall not project into the slope.
19. All mechanical and pool equipment shall maintain a minimum 3 -foot setback.
20 The pool shall be enclosed by a minimum 5 -foot high, maximum 6 -foot high fence/wall, and
maintain a self-closing/self-latching door.
21 The project shall substantially conform to the plans stamped approved with the effective
date of this approval
22 Permitted hours of construction are 7:00 a m. to 7.00 p.m Monday through Saturday No
work is permitted on Sundays or legal holidays
23. The construction site and all adjacent private and public property 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
P.C. Resolution No. 2003-37
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accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of earth,
salvage materials, abandoned or discarded furniture, appliances or other household fixtures
24 In the event that a Planning requirement and a Building & Safety requirement are in conflict
with one another, the stricter standard shall apply
25. Ali applicable soils/geotechnical reports required by the Building and Safety Division shall be
obtained by the applicant and approved by the City's geologist prior to building permit
issuance
26 All applicable permits required by the Building and Safety Division, Public Works
Department, or any other City department shall be obtained by the applicant.
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