CC RES 2015-070 RESOLUTION NO. 2015-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CONDITIONALLY APPROVING A HEIGHT VARIATION
AND GRADING PERMIT (ZON2014-00143) TO ALLOW THE
CONSTRUCTION OF A NEW 26' TALL, 6,781 FT2 TWO-STORY
RESIDENCE WITH BALANCED GRADING ON SITE AT 10 CHAPARRAL
LANE, INCLUDING GRADING FOR AN 8' TALL RETAINING WALL AT 8
CHAPARRAL LANE.
WHEREAS, on July 15, 2008, the City Council approved a General Plan Initiation Request,
allowing the applicant to proceed with the pursuit of proposed changes to the General Plan land use
and Zoning designation to adjust the boundary line between the portion of the subject property
designated as "residential" and the portion designated as "hazard"; and,
WHEREAS, on February 28, 2012, the Planning Commission adopted Resolution No. 2012-
05, recommending that the City Council certify a Mitigated Negative Declaration and approve the
relocation of General Plan Land Use and Zoning Map boundary lines to accommodate the
construction of a new residence on the only flat area of the subject property (5-1, with Commissioner
Leon dissenting); and,
WHEREAS, on April 17, 2012, the City Council held a duly noticed public hearing at which
time the application was continued to June 5th, then to July 17th and September 18th at the
applicant's request, to an unspecified date for additional time to address all geotechnical issues;
and,
WHEREAS, in 2014, a new property owner Kevin Chen, represented by his architect Luis de
Moraes, notified Staff that he intended to follow through on the same pending application except that
the project would be revised with a reduced scope of work. On September 2"d and 30th of 2014, the
City Council granted Mr. Chen's request to continue the public hearing to future unspecified date to
address geologic concerns of the site; and,
WHEREAS, on June 18, 2015, notice of the Initial Study and draft Mitigated Negative
Declaration and the proposed General Plan Amendment, Zone Change, Height Variation and
Grading Permit was sent to all property owners within 500' of the subject site and appropriate public
agencies for a minimum comment period of 20-days, commencing on June 18, 2015, and concluding
on July 14, 2015. Additionally, the notice was published on the same day in the Peninsula News;
and,
WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on July 21, 2015, at
which time all interested parties were given an opportunity to be heard and present evidence;
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), the City Council reviewed
an Initial Study and certified a Mitigated Negative Declaration under Resolution No. 2015-68, which
determined that there is no substantial evidence that the approval of the General Plan Amendment,
Zone Change, Height Variation and Grading Permit would result in significant adverse effect on the
environment, provided appropriate mitigation measures are imposed on the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The project involves a the construction of a new 26' tall, 6,781ft2 two-story
residence, accessory structures and retaining walls with balanced grading on site. The balanced
grading takes into account the excavation necessary for the construction of a retaining wall up to 8'
in height along the front property line of 8 Chaparral Lane to stabilize access to the subject lot.
Section 2: A Height Variation to allow the proposed 26' tall, 6,781ft2 two-story residence
is warranted because:
A. The applicant has complied with the early neighbor consultation process established by
the city by providing signatures from 66% of the total number of landowners within a 500'
radius of the subject property.
B. The proposed new structure that is above 16' in height 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 specific
plan, as city-designated viewing areas, since there are none in close proximity.
C. The proposed new structure is not located on a ridge or promontory, as defined in the
Development Code because the subject property is located within a developed single-
family residential tract.
D. The area of the proposed new structure that is above 16' in height, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing area of
another parcel. More specifically, the views are in a northerly direction and therefore the
properties located to the north, east and west are not affected by the proposed project.
Additionally, the properties located to the south are not affected by the proposed project
because they are approximately 100' higher in elevation than the subject property.
E. There is no significant cumulative view impairment caused by granting the application
since there is no view impairment caused by the proposed project.
F. The proposed structure complies with all other code requirements, including, but not
limited to setbacks, lot coverage and enclosed parking.
G. The proposed structure is compatible with the immediate neighborhood character. More
specifically, the proposed structure size will not be out of scale because the lot is located
at the end of the street, the closest point of the proposed structure will be located 57'
away from the front property line, and various design features and articulations are used
to minimize the apparent bulk/mass of the new structure. Furthermore, the proposed
façade treatments, architectural style, structure height, roof design, number of stories,
setbacks, building materials and bulk/mass of the new residence blends in with the
neighborhood character.
H. The new construction that is above 16' in height does not result in an unreasonable
infringement of the privacy of the occupants of abutting residences, because the
proposed structure will be placed more than 160' away from the nearest home.
Section 3: Approval of a Major Grading Permit to allow balanced grading on 10
Chaparral Lane, which includes excavation for a retaining wall along the front property line of 8
Chaparral Lane is warranted because:
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A. The grading does not exceed that which is necessary for the permitted primary use of the
lot. The primary use of the subject lot is residential as identified in the City's General
Plan and Zoning Map. More specifically, the building pad area will be excavated and
filled with re-compacted earth at a lower elevation by approximately 4' to create
adequate soil conditions to accommodate a new single-family residence and a driveway
on the subject property. Additionally, a minimal amount of excavation is proposed across
the front property line of the abutting property at 8 Chaparral Lane to stabilize the access
to the subject property.
B. The proposed grading and/or related construction does not significantly adversely affect
the visual relationships with, nor the views from the viewing area of neighboring
properties because there are no views across the proposed grading/construction area,
as discussed in Section 3(D).
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. More specifically, the proposed grading minimizes
disturbance of the lot by altering approximately 20% of the slopes primarily to stabilize
the area around the building pad for development. The remaining slopes on the subject
property will remain untouched and preserved in its current condition.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography. More specifically, the proposed grading
preserves natural topographic features of the site by altering approximately 20% of the
lot, while the remaining areas will be preserved in its current condition.
E. For new single-family residences, the grading and/or related construction is compatible
with the immediate neighborhood character, as discussed in Section 3(G) above.
F. The grading does not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation with mitigation measures that
require clearing and grading on site to occur only outside of the avian nesting season.
G. The grading does not conform to standards detailed under 17.76.040(E)(9) for creating
maximum finished slopes in excess of 35% steepness. However, the proposed grading
in excess of that permissible under 17.76.040(9) is warranted because:
i. The criteria of subsections 17.76.040(E)(1)through (E)(8) are satisfied;
ii. The approval is consistent with the purposes of the Grading Permit. The purpose of
the Grading Permit is to 1) permit reasonable development of land and minimizing
fire hazards; 2) ensure the maximum preservation of the natural scenic character of
the area consistent with reasonable economic use of such property; 3) ensure that
the development of each parcel of land occurs in a manner harmonious with
adjacent lands; and 4) ensure that each project complies with all goals and policies
of the general plan, specific plan and any amendments. More specifically, the
proposed grading is consistent with the purposes of the Grading Permit because it
allows reasonable development of the intended use of the property without
adversely affecting surrounding properties while consistent with the RS-2 zoning
designation for the area. The proposed grading alters approximately 20% of the
property while the remainder of the lot will remain untouched, ensuring maximum
preservation of the natural character of the property after reasonable development.
Additionally, the proposed development does not alter the existing neighborhood
character and is designed in a harmonious manner with neighboring properties, as
Resolution No.2015-70
Page 3 of 4
evidenced in Section 3(G) above. Lastly, the proposed project is consistent with the
policies in the General Plan as evidenced in Section 2 above.
iii. Departure from the standards in subsection 17.76.040(E)(9) will not constitute a
grant of special privileges inconsistent with the limitations upon other properties in
the vicinity. More specifically, the reason for creating man-made slopes in excess of
35% is to blend the altered area with the existing 2:1 slopes on the property. The
remaining slopes on the lot will remain untouched. Additionally, there are other
properties in close proximity that were allowed similar deviations that were
necessary for the development of the lot.
iv. Departure from the standards of subsection 17.76.040(E)(9) will not be detrimental
to the public safety nor to other property. More specifically, the proposed
improvements will require further geotechnical review and issuance of a Building
Permit, thereby ensuring that the improvements will not be detrimental to or
injurious to other properties and improvements in the area.
Section 4: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought, is governed by Section 1094.6 of the California Code of
Civil Procedure and other applicable short periods of limitation.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, the City Council hereby conditionally approves the Height Variation
Permit and Grading Permit, thereby allowing the construction of a 26' tall, 6,781ft2, two-story, single-
family residence with balanced grading on 10 Chaparral Lane and minimal excavation for the
construction of an 8' tall retaining wall on 8 Chaparral Lane, in compliance with the conditions of
approval as shown in attached Exhibit"A."
PASSED, APPROVED AND ADOPTED this 21st day of July 2015.
ayor
Attest: !'
1:41; ,,,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2015-70 was duly and regularly passed and adopted b the said City Council at a
regular meeting held on July 21, 2015.
zh 721111c, ft-0_,.
City Clerk
Resolution No.2015-70
Page 4 of 4
EXHIBIT"A"
CONDITIONS OF APPROVAL FOR
CASE NO.ZON2014-00143
10 CHAPARRAL LANE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the 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 Resolution. Failure to provide said written statement
within ninety (90) days following the date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning
regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise
expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code
shall apply.
3. The Community Development Director is authorized to make minor modifications to the approved
plans and any of the conditions of approval if such modifications will achieve substantially the
same results as would strict compliance with the approved plans and conditions. Otherwise, any
substantive change to the project shall require approval of a revision by the final body that
approved the original project, which may require new and separate environmental review.
4. The project development on the site shall conform to the specific standards contained in these
conditions of approval or, if not addressed herein, shall conform to the residential development
standards of the City's Municipal Code, including but not limited to height, setback and lot
coverage standards.
5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke
the approval of the project pursuant to the revocation procedures contained in Section 17.86.060
of the City's Municipal Code.
6. If the applicant has not submitted an application for a building permit for the approved project or
not commenced the approved project as described in Section 17.86.070 of the City's Municipal
Code within one year of the final effective date of this Resolution, approval of the project shall
expire and be of no further effect unless, prior to expiration, a written request for extension is filed
with the Community Development Department and approved by the Director.
7. In the event that any of these conditions conflict with the recommendations and/or requirements
of another permitting agency or City department, the stricter standard shall apply.
8. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective date of
this Resolution.
9. The construction site and adjacent public and private properties and streets 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.
10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through
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Exhibit A
Page 1 of 4
Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on Sundays or on
the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code.
During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle
at the project site or in the adjoining street rights-of-way before 7AM Monday through Friday and
before 9AM on Saturday, in accordance with the permitted hours of construction stated in this
condition. When feasible to do so, the construction contractor shall provide staging areas on-site
to minimize off-site transportation of heavy construction equipment. These areas shall be located
to maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
11. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
12. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the
satisfaction of the City's Building Official. All construction waste and debris resulting from a
construction, alteration or repair project shall be removed on a weekly basis by the contractor or
property owner. Existing or temporary portable bathrooms shall be provided during construction.
Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding
property owners, to the satisfaction of the City's Building Official.
Project Specific Conditions:
13. This approval is for a 6,781 ft2, two-story single-family residence, which includes a three-car
garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to building permit final.
14. The maximum ridgeline of the approved project is 710' with an overall maximum height of 26', as
measured from the point where the lowest foundation or slab meets finished grade, to the
ridgeline. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of
walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land
surveyor or civil engineer, showing the Finished Floor Elevation at 684.5'.
15. Unless modified by the approval of future planning applications, the approved project shall
maintain a maximum of 8.51% lot coverage.
16. The approved residence shall maintain setbacks of 20' front (57' proposed), 15' rear (17'-11"
proposed), and 5' sides(180'+ north and 270'+ south proposed).
17. A minimum of three enclosed parking spaces shall be provided and maintained in a garage, and
a minimum of three unenclosed parking spaces shall be provided and maintained as a driveway
on the property.
18. An enclosed parking space shall have an unobstructed ground space of no less than 9' in width
by 20' in depth, with a minimum of 7' of vertical clearance over the space. An unenclosed parking
space shall have an unobstructed ground space of no less than 9' in width by 20' in depth.
19. The driveway shall be a minimum width of 10' and a paved 25' turning radius shall be provided
between the garage or other parking area and the street of access for driveways.
20. The driveway shall not exceed 20%slope.
21. This approval allows for the following retaining walls with balanced grading on-site, with no import
or export of earth material:
Resolution No.2015-70
Exhibit A
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i. A retaining wall not to exceed 8' in height against the ascending southerly slope.
ii. A retaining wall not to exceed 10' in height for the window wells along the southerly side of
the structure.
iii. A retaining wall not to exceed 5' in height around the driveway area.
iv. Two terraced garden walls not to exceed 3' in height around the gazebo in the northerly patio
area.
v. A garden wall not to exceed 2'-11" in height at the top of the northerly slope.
vi. A retaining wall not to exceed 3' in height, supported with caissons, near the top of the
northerly slope.
vii. A retaining wall not to exceed 8' in height, supported with caissons, along the southerly edge
of Chaparral Lane on 8 Chaparral Lane property.
22. The proposed chimney may project a maximum of 2' into any required setback, and shall not
exceed the minimum height required for compliance with the Uniform Building Code.
23. All utility lines installed to service the building shall be placed underground from an existing power
pole or other point of connection off-site prior to certificate of occupancy.
24. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%.
25. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the
Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light
source is directed toward or results in direct illumination of a parcel of property or properties other
than that upon which such light source is physically located.
26. Prior to the issuance of a building permit, the applicant shall document the current condition of
Chaparral Lane with still and video photography of the entire length of Chaparral Lane. Following
construction and prior to Building Permit Final, Chaparral Lane shall be re-evaluated and any
damages to the street surface incurred as a result of the grading and/or related construction shall
be the responsibility of the applicant to repair to the satisfaction of the Director.
27. PRIOR TO BUILDING PERMIT ISSUANCE, the applicant shall dedicate, to the satisfaction of the
Community Development Director, public trail easements to the City for the Bronco Trail and the
Georgette Canyon Trail. The location of the trail easements shall be determined collectively
between the City and the property owner, and shall be a minimum of 20-feet in width.
Specifically, the trail easement for the Bronco Trail shall be located along the property's southern
slope in a south-north direction that enables a connection to the end of Mustang Road at Bronco
Drive, and the trail easement for the Georgette Canyon Trail shall be located across the southern
slope in an east-west direction for the entire width of the lot.
Mitigation Measures:
28. Clearing and grubbing of the site should occur outside the avian nesting season (approximately
February 1 —August 31). If clearing and grubbing of the project site occurs between February 1
and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified
biologist. The property owner shall be responsible to implement this mitigation measure prior to
clearing and/or grading, to be verified by the Community Development Department.
29. If nesting birds occur in the impact area, a buffer around the nest will be flagged as determined by
a qualified biologist and up to 500' from the nest. All activities will occur outside the buffer area
until a qualified biologist has determined that the young are no longer dependent on the nest and
that no new nesting activity has occurred in the flagged area by another pair of birds. The
property owner shall be responsible to implement this mitigation measure prior to clearing and/or
grading, to be verified by the Community Development Department.
Resolution No.2015-70
Exhibit A
Page 3 of 4
ft,
30. Any impacts to coastal sage scrub habitat shall be mitigated at a 3:1 ratio by the project applicant
pursuant to the City's 2004 Draft NCCP, unless exempt per the City's Municipal Code Section
17.41.060.
31. A caisson wall shall be used to mitigate a landslide. This wall shall be installed under a separate
permit prior to construction of the proposed residence along the southerly edge of Chaparral Lane
on the 8 Chaparral lane property. The property owner shall be responsible to implement this
mitigation measure prior to construction, to be verified by the Community Development
Department.
32. An as built geotechnical report shall be prepared by the project geotechnical consultant following
grading/construction for the subject site improvements. The report shall include the results of all
field density testing, depth of reprocessing and recompaction, depth and locations of any
caissons, as well as a map depicting the limits of grading, locations of all density testing, and
geologic conditions exposed during grading/excavation. The report shall include conclusions and
recommendations regarding applicable setbacks, foundation recommendations, slope stability,
erosion control, septic tanks, and any other relevant geotechnical aspects of the site. The
property owner shall be responsible to implement this mitigation measure prior to Building &
Safety permit issuance.
33. Low Impact Development shall apply for the design and implementation of post-construction
controls and other Best Management Practices to mitigate storm water pollution PRIOR TO
BUILDING PERMIT ISSUANCE.
34. No construction or storage of construction materials would be allowed outside the designated
construction limits. Prior to construction, the limits shall be flagged and/or fenced with highly
visible flagging. The staging area shall be located outside of streambed. The property owner
shall be responsible to implement this mitigation measure prior to and during construction, to be
verified by the Community Development Department.
35. In temporary construction areas susceptible to erosion, such as bare hillsides, silt fence and fiber
rolls shall be used to stabilize these areas and minimize erosion until vegetation can be
reestablished. The property owner shall be responsible to implement this mitigation measure
prior to and during construction, to be verified by the Community Development Department.
36. All hazardous materials shall be property stored. If discharge occurs, the spill shall be cleaned by
trained personnel using appropriate methods. The property owner shall be responsible to
implement this mitigation measure prior to and during construction, to be verified by the
Community Development Department.
37. The stockpiling of earth material shall be limited to the building pad area. No dumping or
stockpiling of earth shall occur outside the building pad area, as shown on the approved plans
(Prepared by Envirotechno, Planning Re-Submittal dated May 6, 2015).
Resolution No.2015-70
Exhibit A
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