PC RES 2015-012 P.C. RESOLUTION NO. 2015-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES OVERTURNING THE
DIRECTOR'S DENIAL OF A GRADING PERMIT AND
CONDITIONALLY APPROVING THE CONSTRUCTION OF A
NEW 4,999 SQUARE FOOT SINGLE-FAMILY RESIDENCE
WITH 832 CUBIC YARDS OF GRADING ON A VACANT LOT
LOCATED AT 29073 PALOS VERDES DRIVE EAST(CASE NO
ZON2013-00526).
WHEREAS, on December 20, 2013,the applicant submitted an application for a Grading
Permit to the Community Development Department requesting approval to construct a new
6,389 square foot residence and an attached 895 square foot garage,for a total structure size of
7,284 square feet, on an upslope vacant lot. In order to construct the new residence, a total of
513 cubic yards of grading was requested; and,
WHEREAS, on January 17, 2014, Staff completed the initial review of the application, at
which time the application was deemed incomplete due to missing information on the project
plans and the need to construct a silhouette; and,
WHEREAS, after submittal of revised plans and required information, including
construction and certification of the project silhouette, the application was deemed complete for
processing on September 24, 2014. On September 25,2014, Staff mailed notices to 40 property
owners within a 500-foot radius from the subject property, providing a 15-day time period for the
submittal of comments and concerns. In addition, a Public Notice was published in the
Peninsula News on September 25, 2014; 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 the approval of the requested application would have a significant effect
on the environment and, therefore, the proposed project has been found to be categorically
exempt pursuant to Section 15303(a); and,
WHEREAS, on November 21, 2014, the Community Development Director denied the
requested Grading Permit application based on bulk and mass impacts, and the project's
inadequate compatibility with the character of the surrounding neighborhood, particularly the
neighboring properties to the north and south of the subject property. Subsequently, a Notice of
Decision was mailed out to the applicant and all interested parties, establishing a deadline of
December 8, 2014 to appeal the Director's decision to the Planning Commission; and,
WHEREAS, on December 8, 2014, the property owner, Mr. Paul Chen, submitted a
timely appeal letter of the Director's decision denying the proposed new residence and
associated grading. The appeal letter stated the grounds of the appeal, noting that they disagree
with the Director's decision and feel that the residence is compatible with the surrounding
neighborhood; and,
WHEREAS, on January 8,2015, Staff mailed notices for the Planning Commission public
hearing on the appeal to 40 property owners within a 500-foot radius from the subject property,
and all interested parties, providing a 15-day time period for the submittal of comments and
concerns. In addition, a Public Notice was published in the Peninsula News on January 8, 2015;
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
January 27, 2015, at which time the Planning Commission considered the merits of the
Applicant's appeal, public testimony and all elements of the record. After directing the Applicant
to redesign the project to substantially reduce the size of the residence and minimize the bulk
and mass impacts, the Planning Commission continued the public hearing multiple times,with a
redesigned project presented to the Planning Commission on April 14, 2015; and,
WHEREAS, on April 14, 2015, the Planning Commission reviewed the project
modifications and felt that additional modifications could be made to further reduce the bulk and
mass of the project, and continued the project multiple times, with a final, redesigned project
being presented to the Planning Commission on July 28, 2015.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact in order to
approve the Grading Permit to allow the construction of a new 4,999 square foot residence with
832 cubic yards of grading on a vacant lot because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. The underlying zoning district is single-family residential. The
proposed grading is necessary and the best alternative to accommodate the proposed
residence and improvements on the vacant lot. A total of 832 cubic yards of grading (425
cubic yards of cut and 407 cubic yards of fill)will be conducted on the property to notch
the structure into the existing grade along with the construction of planter walls along the
rear façade of the residence to reduce the visual appearance of the structure. Based on
aerial and field surveys of other homes within the immediate neighborhood, it appears
that a majority of the homes utilized a similar grading design with small planter/retaining
walls to accommodate the homes in the neighborhood.
B. The grading would not significantly adversely affect the visual relationships nor views
from the viewing area of neighboring properties as the applicant is proposing to excavate
the site by notching the residence into the existing grade in order to lower the overall
height of the structure. Given the topographical constraints of the vacant lot, the design
of the residence will necessitate some fill along the west side of the property to
accommodate access to the garage and to provide a hammerhead turn-around as
required by the Fire Department. The grade beneath the habitable portion of the
residence, however will be excavated so that a portion of the 1st floor, facing the private
driveway along the south side of the property, is beneath the finished grade.Additionally,
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the excavation beneath the footprint of the main residence reduces the scale of the
residence as seen from the north side of the residence. The design of the project also
includes a small planter wall that runs along the east and north sides of the residence to
provide a landscape area in order to soften the appearance of the residence.A portion of
the wall, near the new driveway, will be 8' in height, serving as a retaining wall. Although
the heights of the planter walls and retaining wall are minimal in terms of visual impacts,
a condition of approval has been added to provide landscaping along the east and
northeast side facade of the residence to adequately screen the appearance of the
residence as seen from the neighboring properties.
C. The proposed grading which accommodates the new residence and development of the
single-family residential lot minimizes disturbance to the natural contours and finished
contours are reasonably natural.Any disturbances to the existing contours are relatively
minor and are necessary to allow for construction of a new residence and vehicular
access. A large portion of the rear yard is encompassed by a Flood Hazard Easement,
whereby construction is not permitted, nor proposed. As such, the existing contours
outside of the graded area for the residence will be maintained. Further, the vacant lot is
zoned for residential development, and can accommodate a new single-family residence.
D. 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. The majority of the proposed grading will
accommodate a new single-family residence and driveway. The grade elevations and
natural topographical contours surrounding the proposed residence will be maintained to
blend the appearance of the new improvements. Furthermore, the Applicant has
designed the home with a finished grade at the front of the residence that follows the
existing topography of the private driveway easement located along the south side of the
residence. All new contours will continue to follow the natural appearance of the existing
sloping lot.
E. The grading and related construction is compatible with the immediate neighborhood
character. The new residence will be proportional to the neighboring residences,
therefore keeping with the original character, style and setting of the neighborhood.
While the square footage of the new residence is larger than the average of the 20
closest homes (3,510 square feet), and exceeds the largest home in the neighborhood
(4,921 square feet), at a proposed square footage of 4,999 square feet, the new
residence will be close in size to six (6) other homes that are over 4,000 square feet in
area. With regard to bulk and mass, the Applicant has provided articulation to the
rooflines and side facades of the residence to soften the appearance of the new
residence. Furthermore, the orientation, configuration and scale of the new home would
be in-line with the other residences in the immediate neighborhood (20 closest homes).
Although the immediate neighborhood does not reflect one consistent architectural
type/style, the proposed architecture and materials proposed would be consistent with
the existing character of the immediate neighborhood. The applicant proposes to utilize
Spanish-mission clay tile as the roof material and a smooth stucco finish across the
structure façade. The applicant has also included a number of architectural accents,
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such as multiple roof lines, undulating facades, arches, balconies, wrought iron
balustrades, and first and second story accent stonework, to soften the appearance of
the structure. These features are similar to the majority of the homes in the
neighborhood that also display undulating facades, various roof materials and stucco
siding with various accents. Lastly, the proposed residence will exceed all required
setbacks in the RS-2 zoning district.
F. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence of
natural landscape or wildlife habitat on the property.
G. The grading conforms to the City's standards for grading on slopes, height of cut and fill
and height of retaining walls on a residential property. More specifically, no finished
slopes that exceed 35% will be created. The project does not include any grading on a
slope that exceeds 50%. The construction of the residence and the lowering of the
finished grade on the lot will require a maximum cut of 8'in order to accommodate the
residence which is reasonable, necessary and the best alternative for the construction of
a new home on a sloping lot that is compatible with the surrounding neighborhood.
H. Although an 8'-0" tall downslope retaining wall exceeds the allowable heights for
retaining walls located adjacent to a driveway/garage(maximum 5'-0")on a single-family
residential lot, the Planning Commission finds that the one (1) retaining wall located on
the backside of the garage would provide a reasonable development of land as noted in
Section 17.76.040 of the Municipal Code. Furthermore, only a small portion of the
retaining wall would exceed 5'-0." Approving the deviation to the grading standards
allows the applicant to provide a retaining wall that would help support the proposed
garage and required turnaround for Fire Access. Further, retaining walls are commonly
found within the hillside neighborhood and approval of the retaining wall that exceeds 5'-
0"would not constitute a special privilege with the limitations upon other properties in the
vicinity due to the hillside topography. Additionally, the retaining wall would not be
detrimental to the public safety, nor to other property as the City's geotechnical
consultant has reviewed and approved a soil engineering report. Lastly, the majority of
the walls that align the rear façade of the main residence are less than 3'-0" in height,
and are not considered retaining walls by definition.
I. Pursuant to Section 17.76.040(E)(10)(e) of the RPV Municipal Code,the City is required
to notify all owners of property adjacent to the subject property whenever a grading
permit is granted for development in excess of that permissible under Section
17.76.040(E)(9)of the RPV Municipal Code. As such, a Notice of Decision will be sent to
the following adjacent property owners: 1)John and Therese Gordon, property owners at
2909 Palos Verdes Drive East, 2) Basica Family Trust, property owners at 29065 Palos
Verdes Drive East, 3) Donna Ehlers, property owner at 29083 Palos Verdes Drive East,
4) Kenneth W. Swenson, property owners at 28981 Palos Verdes Drive East, and 5)
George F. Cashman, property owner at 28985 Palos Verdes Drive East.
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Section 2: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g)of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting
forth the grounds of the appeal and any specific actions requested by the appellant, and
accompanied by the appropriate appeal fee, no later than fifteen (15) days following July 28,
2015, the date of the Planning Commission's final action.
Section 3: 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 overturns the Director's denial of a
Grading Permit and conditionally approves a Grading Permit (Planning Case No. ZON2013-
00526), to allow the construction of a new 4,999 square foot single-family home with 832 cubic
yards of associated grading, located at 29073 Palos Verdes Drive East, subject to the conditions
of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 28th day of July 2015, by the following vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner, James, Leon,
Vice Chairman Tomblin, Chairman Nelson
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT:
Robert Nelson
Chairman
. ct s`R'
Joel Rous, AICP
Community Development Director
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
GRADING PERMIT
PLANNING CASE NO. ZON2013-00526
(Chen, 29073 Palos Verdes Drive East)
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. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements,the applicant shall obtain an
encroachment permit from the Director of Public Works.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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(B)of
the City's Municipal Code within 180 days 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 Planning Commission.
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8. 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.
9. 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 P.C. Resolution.
10. 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.
11. 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.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through 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.
13. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (29.15% proposed).
14. The approved residence shall maintain setbacks of 20'front(20'-0" proposed), 15' rear
(30'-11" proposed), 5' west side (34'-10" proposed) and 5' east side (26'-5" proposed).
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to foundation forms inspection.
15. A minimum 2-car garage (3-car proposed) shall be maintained, with each required
parking space being individually accessible and maintaining minimum unobstructed
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dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance.
16. 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. All outdoor lighting shall be fully shielded.
17. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
18. Prior to the issuance of building permits, the applicant shall demonstrate the project's
compliance with the South Coast Air Quality Management District Rule 445 and the City
Municipal Code requirements regarding wood-burning devices.
19. This approval is for a 4,999 square-foot, 2-story single-family residence,which includes a
638 square-foot 3-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
20. The maximum main east/west ridgeline of the approved project is 1.031.56' in elevation.
The main north/south ridgeline is 1,032.14' in elevation. The garage ridgeline is
1,034.48' in elevation. The highest point of the structure (front entryway) is 1,034.64' in
elevation. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to roof sheathing inspection indicating that
the structure ridgelines will not exceed the elevations called out in this condition and the
lowest finished grade adjacent to the structure will not be less than 1,005.00' in
elevation. 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 1st Floor Elevation at 1,006.14'.
21. The proposed chimney shall not exceed the minimum height required for compliance
with the Uniform Building Code.
22. 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.
23. Prior to issuance of a Grading or Building Permit, whichever comes first, the Applicant
shall submit for review and approval by the Director, a Landscape Plan indicating all
proposed landscaped on the property. No trees proposed on the property shall exceed
16'-0" in height. Said Landscape Plan may trigger compliance with the City's Water
Efficient Landscape Ordinance, which will require review and approval by the City's
Water Efficient Landscape Consultant prior to issuance of a Building Permit. Prior to
issuance of the Certificate of Occupancy the applicant shall plant the required screening
landscape.
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24. This approval allows for a total of 832 cubic yards of grading, including 425 cubic yards
of cut, 407 cubic yards of fill, and approximately 18 cubic yards of export.
25. The majority of the planter walls surrounding the main residence are not permitted to
exceed 2'-11" in height.
26. One(1) retaining wall is permitted behind the proposed garage that ranges in height from
8'-0" to less than 1'-0".
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