PC RES 2004-011A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A HEIGHT VARIATION AND GRADING PERMIT
(CASE NO. ZON2003-00510), THEREBY PERMITTING THE
CONSTRUCTION OF A 772 SQUARE FOOT ADDITION TO A
2,016 SQUARE FOOT SINGLE FAMILY RESIDENCE AND 232
CUBIC YARDS OF GRADING, FOR PROPERTY LOCATED AT
26930 SPRINGCREEK ROAD.
WHEREAS, on September 16, 2003, the applicant submitted an application for a
Height Variation, and Grading Permit requesting to construct a 772 square foot addition
to an existing 2,016 square foot single-family residence and conduct 232 cubic yards of
grading On October 16, 2003, staff completed the initial review of the proposed plans,
at which time the application was deemed incomplete due to missing information on the
project plans and/or applications. The applicant submitted the additional information to
the City on January 5, 2004; and,
WHEREAS, on January 13, 2004, the applications for Height Variation and
Grading Permit were deemed complete by Staff, 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 Regulations, 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 and Grading
Permit, would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt under Class 1 (Section 15301); and,
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 March 9, 2004, 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 the approved project includes the construction of a 772 square
foot addition to a 2,016 square foot residence and 232 cubic yards of grading
Section 2: The Height Variation is warranted since the applicant has complied
with the early neighborhood consultation process established by the City by obtaining
73% of the property owners' signatures within 100 feet and 52% of the signatures of the
property owners within 500 feet of the subject site
PC Resolution No 2004-11
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Section 3: The Height Variation is warranted since the structure does not
significantly impair a view from public property (parks, major thoroughfares, bike ways,
walkways, or equestrian trails), which has been identified in the City's General Plan or
Coastal Plan, as a city -designated viewing area There are no public property viewing
areas, as designated within the General Plan, within the vicinity of, or that look over, the
subject site
Section 4: The Height Variation is warranted since the proposed structure is
not located on a ridge or promontory. The subject property is located within a fully
developed single-family residential tract. The tract is not located on a ridge or a
promontory, as defined in the Municipal Code.
Section 5: The Height Variation is warranted since the area of a proposed new
structure or addition to an existing structure, when considering both the new area that is
above sixteen feet and the new area that is below sixteen feet, as defined in Section
17.02.040(B) of the Development Code, when considered exclusive of existing foliage,
does not significantly impair a view from the viewing area of another parcel Due to the
elevation difference between the subject property and the surrounding properties, the
applicant is able to construct the two-story addition, at the proposed height, without
projecting into the view corridor of another property.
Section 6: The Height Variation is warranted since there is no significant
cumulative view impairment caused by granting the application. Cumulative view
impairment shall be determined by: (a) considering the amount of view impairment
caused by the proposed structure, and (b) considering the amount of view impairment
that would be caused; by the construction on other parcels of structures similar to the
proposed structure As noted in Section 5, the project does not create view impairment,
thus should the other: properties in the area construct similar additions, the project will
not contribute to cumulative view impairment
Section 7: The Height Variation is warranted since the proposed structure
complies with all other code requirements, in as much as the proposal meets all
requirements of Title 17 of the City of Rancho Palos Verdes Municipal Code.
Section 8: The Height Variation is warranted since the proposed structure is
compatible with the immediate neighborhood character Based on an analysts of the
area, it is found that the proposed structure is consistent with the character of the
immediate neighborhood with respect to architectural style and materials, bulk and
mass, number of stories, structure size, front, side, and rear yard setbacks, and open
space between structures
Section 9: The Height Variation is warranted since the proposed structure
does not result in an unreasonable infringement of the privacy of the occupants of
abutting residences. The design of the residence does not create an unreasonable
infringement onto the privacy of other properties since the new windows look only into
the front yards of other properties and the street
PC Resolution No. 2004-11
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Section 10: The grading does not exceed that which is necessary for the
permitted primary use of the lot, as defined in Chapter 17 96 of the Municipal Code. The
permitted primary use of the property is single-family residential The grading permit is
to allow the construction of additional area for a single-family residence. Furthermore,
by permitting the grading, the applicant is able to construct the additional areas to the
residence without impacting views in the area
Section 11: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural. The applicant has minimized
the amount of grading on the transitional slopes of the property, thereby leaving the
majority of the contours of the property undisturbed.
Section 12: The grading takes into account the preservation of natural
topographical features and appearances by means of land sculpturing so as to blend
any man-made or manufactured slope into natural topography As noted in the previous
section, the applicant has minimized the grading on the transition slopes of the property.
Furthermore, the proposed retaining walls blend into these transitions slopes
Section 13: The grading will not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation. The
vegetation that exists in the proposed grading area consists primarily of ivy and grass,
which is not considered part of the natural vegetation of the area and does not serve as
a wildlife habitat
Section 14: The grading conforms to the standards for grading on slopes,
heights of cut and fill, and heights of retaining walls The grading is proposed on a 2 1
slope, the maximum depth of cut is seven feet, which is necessary due to the slope of
the street and the parcel being a pad lot, and the maximum height of the retaining wall
is T-0", all of which meet the Development Code standards
Section 15: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council Pursuant to Sections 17 02.040,
17 76 040(H) and 17 80 070 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 March 24, 2004
Section 19: 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 approves the Height
Variation and Grading Permit to allow for the construction of a 772 square foot addition
to a 2,016 square foot residence and 232 cubic yards of grading (Case No. ZON2003-
00510); subject to the conditions contained in Exhibit W, attached hereto and made a
part hereof, which are necessary to protect the public health, safety and welfare in the
area.
P.C. Resolution No 2004-11
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PASSED, APPROVED AND ADOPTED this 9th day of March 2004, by the follow
vote 11
AYES:COTE, GERSTNER, KARP, KNIGHT, TETREAULT, MUELLER
ABSTENTIONS NONE
ABSENT: VAN WAGNER
Craig Pue er,
Chairman
�oe �j
ojas Al P
Dt[gt. or of ning, Building and Code Enforcement, and,
Secretary to the Planning Commission
P.C. Resolution No 2004-11
Page 4 of
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-11)
Height Variation and Grading Permit
(Case No. ZON2003-00510)
General
Approval of this Height Variation and Grading Permit shall not be construed to
mean any waiver of applicable and appropriate zoning regulations, or any
Federal, State, County, and City laws and regulations Unless otherwise
expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
2 • The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
3 The approval shall become null and void after one (1) year from the date of this
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
4 The Director of Planning, Building and Code E=nforcement 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.
5. 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.
6. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
7. The construction site, adjacent public and private properties 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 not be
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.
8. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
PC Resolution No 2004-11
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9 All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
10 Prior to building permit issuance, commencement of onsite grading,, and/or
commencement of work within the public right of way, which ever occurs first, the
applicant shall obtain an encroachment permit from the Director of Public Works
11 Prior to the final of building permits, the existing driveway shall be removed and
replaced with landscaping Additionally, the existing driveway approach shall be
removed and replaced with curb, gutter, and sidewalk to the satisfaction of the
Director of Public Works
Height Variation
12. The approval of a Height Variation is to allow for the construction of a 1,218
square foot two story addition on the west side of the structure. The addition
shall consist of a 525 square foot garage on the lower level, a 435 square foot
addition above the garage, and a 258 square foot addition along the southern
portion of the front of the residence Inasmuch as the existing 446 square foot
garage will be demolished as part of the addition, the net increase in floor area of
the residence is 772 square feet
13. The approved protect shall maintain a maximum 52% lot coverage. (Proposed:
34%)
14 The proposed residence shall not exceed a height of 2134', as measured from
the lowest grade adjacent to the building foundation/slab (98.5') to the highest
ridgeline of the residence (117.14'), and 13.29' high, as measured from the
highest elevation of existing building pad covered by structure (103.85') to the
highest ridgeline of the residence
15. The proposed structure shall maintain the following minimum setbacks
15' rear (proposed 67'-5")
5'-0" side (proposed 5' north, 5' south)
20'-0" front (proposed: 21')
SETBACK CERTIFICATION IS REQUIRED FOR THE FRONT AND SIDE
SETBACKS. A LICENSED CIVIL ENGINEER OR SURVEYOR SHALL
PREPARE THE CERTIFICATION. CERTIFICATION SHALL BE SUBMITTED
TO THE CITY'S BUILDING OFFICIAL FOR REVIEW AND APPROVAL PRIOR
TO THE POURING OF FOUNDATIONS.
Grading Permit
16 The approval of a Grading Permit is to allow 232 cubic yards (232 cubic yards of
cut and 0 cubic yards of fill) of grading. The grading shall consist of 230 cubic
PC Resolution No. 2004-11
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yards of cut under the building footprint and for the driveway and 2 cubic yards of
cut along the south property line Additionally, this Grading Permit allows the
construction of a T-0'° tall, 21' long retaining wall on the north side of the new
driveway
17. Prior to building permit issuance and/or commencement of grading, whichever
occurs first, the applicant shall obtain approval of a haul route from the Director
of Public Works.
P.0 Resolution No 2004-11
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