PC RES 2004-012P.C. RESOLUTION NO. 2004-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE APPEAL,
THEREBY UPHOLDING THE DIRECTOR'S APPROVAL OF THE
GRADING PERMIT, SITE PLAN REVIEW, AND LOT LINE
ADJUSTMENT (CASE NO. ZON2003-00349 AND SUB2003-
00009), WHICH ALLOWS THE CONSTRUCTION OF A 5,482
SQUARE FOOT SINGLE FAMILY RESIDENCE, A POOL WITH
SPA AND RELATED EQUIPMENT TO THE REAR (SOUTH SIDE)
OF THE PROPOSED RESIDENCE, 470 CUBIC YARDS OF
GRADING, AND THE RECONFIGURATION OF THE SIDE
PROPERTY LINE, FOR PROPERTY LOCATED AT 5251
ROLLING RIDGE ROAD.
Whereas, on July 2, 2003, the applicant submitted an application for Grading
Permit, Site Plan Review, and Lot Line Adjustment (Case No ZON2003-00349 and
SUB2003-00009), which allows the construction of a 5,482 square foot single family
residence, a pool with spa and related equipment to the rear (south side) of the
proposed residence, 470 cubic yards of grading, and the reconfiguration of the side
property line. On July 24, 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 This additional information was submitted to the City
on September 22, 2003; and,
WHEREAS, on October 9, 2003, the applications for Grading Permit, Site Plan
Review, and Lot Line Adjustment 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 Grading Permit, Site Plan
Review, and Lot Line Adjustment, will have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt under Class
3 (Section 15303); and,
WHEREAS, on December 8, 2003, after a duly noticed public comment period,
the Director of Planning, Building, and Code Enforcement approved the Grading Permit,
Site Plan Review, and Lot Line Adjustment (Case No ZON2003-00349 and SUB2003-
00009) In accordance with the Municipal Code requirements, a Notice of Decision for
the approval was sent to all interested parties, and,
WHEREAS, on December 17, 2003, the appellant (Ms Bettie Slagg) filed a
timely appeal of the Director's decision, requesting that the Planning Commission
reverse the approval of the Grading Permit, Site Plan Review, and Lot Line Adjustment
P C. Resolution No 2004-12
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The basis of the appeal is that the approved project is not compatible with the
immediate neighborhood character, 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 February 10, 2004 and March 23, 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 the 5,482
square foot single family residence, a pool with spa and related equipment to the rear
(south side) of the proposed residence, 517 cubic yards of grading, and the
reconfiguration of the side property line
Section 2: 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 a single-family residence. Furthermore, the applicant has
limited the proposed grading to areas under the building footprint, driveways, and a
small useable front and rear yard
Section 3: The grading and/or related construction does not significantly
adversely affect the visual relationships with, or the views from, neighboring properties.
Any view impairment caused by the structure is not considered significant since the
residence will be constructed within the allowable 16730' building envelope for sloping
lots and the applicant is grading down to set the structure into the hillside.
Section 4: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural The applicant has minimized
the grading to areas under the building footprint and a small terrace area in the front
and rear yard of the house. The remaining portions of the property will be left in an
undisturbed state
Section 5: 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 to areas under the building footprint
and a small terrace area in the front and rear yard of the house. The remaining portions
of the property will be left in an undisturbed state.
Section 6: The grading and all related construction is compatible with the
character of the immediate neighborhood Based on an analysis 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
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of stories, structure size, front, side, and rear yard setbacks, and open space between
structures
Section 7: 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 invasive weedy
vegetation. This type of vegetation is not considered part of the natural vegetation of
the area and does not serve as a wildlife habitat
Section 8: The grading conforms to the standards for grading on slopes,
heights of fill and depths of cut, and heights of retaining walls. Inasmuch as the proposal
has limited all grading to slopes that are less than 35%, and the maximum height of any
proposed cut or fill outside of the building footprint is 2'-6" Further, the applicant is
proposing one downslope garden wall (in front of the residence adjacent to the north
side property line) that has a height of 2'-6", an upslope retaining wall on the south side
of the residence that has a maximum height of 4'-0", and a 3'-0" high downslope
retaining wall adjacent to the driveway, thereby meeting the permitted development
criteria for retaining walls
Section 9: The Site Plan Review is warranted since the proposed pool with
spa and related equipment meets all of the requirements of Title 17 of the City of
Rancho Palos Verdes Municipal Code
Section 10: The Lot Line Adjustment is warranted since the both lots will
comply with the minimum Development Code standards, after the lot line is
reconfigured
Section 11: 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 70 030, 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 April 7, 2004.
Section 12: For the foregoing reasons and based on the information and
findings included in the Staff Reports (dated December 8, 2004, February 10, 2004, and
March 23, 2004), Minutes and other records of proceedings, the Planning Commission
of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the
Director of Planning, Building, and Code Enforcement's approval of a Grading Permit,
Site Plan Review, and Lot Line Adjustment (Case No ZON2003-00349 and SUB2003-
00009), which allows for the construction of a 5,482 square foot single family residence,
a pool with spa and related equipment to the rear (south side) of the proposed
residence, 517 cubic yards of grading, and the reconfiguration of the side property line,
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
P.C. Resolution No. 2004-12
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PASSED, APPROVED AND ADOPTED this 23d day of March 2004, by the following
vote
AYES: KARP, TETREAULT, VAN WAGNER, MUELLER
NOES KNIGHT
ABSTENTIONS: GERSTNER
ABSENT- COTE
Craig Mueller,
Chairman
Rojas,AICID
;tor of Ian ing, Building and Code Enforcement; and,
etary toQe Planning Commission
P C Resolution No. 2004-12
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-12)
Grading Permit, Site Plan Review, and Lot Line Adjustment
(Case No. ZON2003-00349 and SUB2003-00009)
General
1. Approval of this Grading Permit, Site Plan Review, and Lot Line Adjustment 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 180 -days 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 thID applicant,
4. The Director of iPlanning, 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.
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.
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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. The applicant shall revise the Lot Line Adjustment such that the proposed
structure meets the minimum 10 -foot side and 20 -foot rear yard setback, without
necessitating the relocation of the structure footprint.
11 The applicant shall resubmit the Lot Line Adjustment application to incorporate
the changes approved under this appeal (including Condition of Approval #10).
This shall include, but shall not be limited to, a revised plat map and revised legal
descriptions The revised application shall be submitted by the applicant,
reviewed and approved by the City Engineer, and recorded prior to the
issuance of building permits and/or the commencement of grading, which
ever occurs first.
12 All fences, walls, and hedges located between the front property line and the
exterior facade of the residence closest to the front property line shall not exceed
a height of 42"
Grading Permit
13 The approval of a Grading Permit is to allow 517 cubic yards of grading, which
includes 242 cubic yards of cut and 275 cubic yards of fill. Additionally, the
Grading Permit allows the construction of a 5,486 square foot single-family
residence on the site.
14. Prior to the issuance of building permits, the applicant shall submit a final
landscape plan to the Director of Planning, Building, and Code Enforcement for
review and approval Said landscape plan shall substantially comply with the
preliminary landscape plan reviewed and accepted by the Planning Commission
on March 23, 2004, which indicated a variety of foliage between the street and
the residence to help screen the residence as viewed from Rolling Ridge Road.
All landscaping approved under the landscape plan shall be planted by the
property owner prior to building permit final and shall be maintained by the
property owner at all times
16 The proposed structure shall maintain the following minimum setbacks:
20'-0" front (proposed 30'-0")
20'-0" rear (proposed 20'-0")
10'-0" one side, 25' total (proposed 10' on north, 28' on south)
SETBACK CERTIFICATION IS REQUIRED. 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.
16. The proposed residence shall not exceed a height of 24.55', as measured from
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the lowest grade adjacent to the foundation/slab (547.45') to the highest ridgeline
of the residence (572'), and 13 5', as measured from the highest existing grade
covered by structure (558 50') to the ridgeline of the residence
BUILDING HEIGHT CERTIFICATION IS REQUIRED. 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 ROOF
FRAMING/SHEETING INSPECTION.
17. The maximum number and height of retaining walls, not under the building
footprint, shall be as follows:
One downslope garden wall (in front of the residence adjacent to the
north side property line) that has a height of 2'-6".
One upslope retaining wall on the south side of the residence that has
a maximum height of 4'-0"
One downslope retaining wall adjacent to the driveway that has a
maximum height of 3'-0".
Site Plan Review
18 The approval of the Site Plan Review is for a 550 square foot swimming pool
The pool shall be located on the south side of the structure and the equipment for
the pool shall be adjacent to the west side of the structure.
19. The pool equipment shall be located within a fully enclosed structure to minimize
noise
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