PC RES 2018-027 P.C. RESOLUTION NO. 2018-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES CONDITIONALLY APPROVING A
HEIGHT VARIATION, SITE PLAN REVIEW, GRADING PERMIT,
AND FENCE/WALL PERMIT TO ALLOW THE DEMOLITION OF AN
EXISTING SINGLE-STORY RESIDENCE TO ACCOMMODATE THE
CONSTRUCTION OF A NEW 3,872FT2 (GARAGE INCLUDED)
SINGLE-STORY RESIDENCE WITH A LOWER-LEVEL DIRECT
ACCESS GARAGE, ANCILLARY IMPROVEMENTS, AND 387.5
CUBIC YARDS OF GRADING ON PROPERTY LOCATED AT 27023
SHOREWOOD ROAD (CASE NO. ZON2017-00476).
WHEREAS, on October 20, 2017, the Applicant submitted Height Variation, Site
Plan Review, Grading Permit, and Fence/Wall Permit applications requesting to demolish
an existing single-story residence to accommodate the construction of a new two-story
residence with ancillary site improvements;
WHEREAS, on November 17, 2017, Staff deemed the application incomplete due
to insufficient information;
WHEREAS, on August 6, 2018, after several submittals of additional information,
Staff deemed the application complete for further processing;
WHEREAS, on August 9, 2018, a public notice was mailed to property owners
within a 500' radius of the subject property and published in the Peninsula News pursuant
to the requirements of the Rancho Palos Verdes Municipal Code (RPVMC);
WHEREAS, on September 11, 2018, the Planning Commission held a duly noticed
public hearing at which time all interested parties were given an opportunity to be heard
and present evidence. Based on the information presented at the meeting, the Planning
Commission continued the public hearing to November 13, 2018 to allow the Applicant
additional time to work with Staff on revising the design to be more compatible with the
neighborhood, install a new silhouette, and issue a courtesy notice prior to the next
meeting. The continuance was contingent on the Applicant submitting a written time
extension to the deadline established by the Permit Streamlining Act;
WHEREAS, on October 17, 2018, the Applicant hosted a neighborhood meeting at
City Hall and an open house, later that evening at the Applicant's residence, to introduce
and solicit comments on the revised plans from the neighbors in attendance;
WHEREAS, on October 25, 2018, the temporary silhouette on the site was modified
to reflect the revised plans;
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WHEREAS, on October 31, 2018, the Applicant submitted a 90-day time extension
marking the new action deadline date as January 3, 2019;
WHEREAS, on November 2, 2018, a notice was mailed to property owners within a
500' radius of the subject property announcing the availability of the revised plans, as well
as the revised silhouette and the November 13th continued public hearing;
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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, determined that the proposed project has been found to be categorically
exempt under Section 15303 (New Construction). Specifically, the project includes the
construction of one single family residence in a residential zone that is currently developed
with residential structures;
WHEREAS, the Planning Commission held a public hearing on November 13,
2018, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the demolition of an existing 2,098ft2
(garage included) single-story residence to accommodate the construction of a new
3,872ft2 single-story residence with a lower-level direct access garage, ancillary
improvements, and 387.5yd3 of grading to accommodate the proposed improvements.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a new 24.5' tall, 3,872ft2 (garage included) residence with a lower-level
garage is warranted because:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining signatures from 70% of the landowners
within the 100' radius and 25% from the landowners within the 500' radius of the
project site. No local Homeowners' Association exists for this neighborhood.
B. The proposed residence does not significantly impair a view from public property
(parks, major thoroughfares, bikeways, walkways or equestrian trails), which has
been identified in the City's General Plan or Coastal Specific Plan. The site is not
located near a turnout, park, thoroughfare, bikeway, or an equestrian trail.
C. The proposed residence is not located on a ridge or promontory.
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D. The proposed residence, when considered exclusive of existing foliage, does not
significantly impair a view from the viewing area of another parcel. The adjacent
properties located north of Shorewood Road have views oriented to the north and
properties located south of Shorewood Road have views oriented to the south and
southeast, all of which are away from the project site.
E. There is no significant cumulative view impairment caused by granting the
application since other potential projects utilizing a similar design consisting of a
residence that is primarily single-story with the exception of the garage that is
tucked below the proposed residence, would not impair views from neighboring
properties.
F. The proposed residence complies with all other Code requirements, including, but
not limited to the minimum required setbacks, parking, and maximum allowed lot
coverage in the RS-5 zoning district.
G. The proposed structure is compatible with the immediate neighborhood character in
terms of the scale of surrounding residences, architectural style, and setbacks. The
proposed structure maintains a single-story appearance similar to residences within
the neighborhood with the exception of the garage that is tucked below the
proposed residence. The architectural style of the proposed structure incorporates
similar design elements found in a California Ranch style residence, including
exterior stucco finish, composite roof shingles, and low-pitched roof design
consisting of a mansard roof. The proposed structure adds articulation, including
"Juliet" balconies along the front façade for additional architectural detail to
minimize the appearance of bulk and mass. The proposed project is compatible in
lot coverage as it does not exceed the maximum 52% within the RS-5 zoning
district and meets and/or brings setbacks into further compliance with the
Development Code.
H. The proposed residence does not result in an unreasonable infringement of privacy
of the occupant of abutting residences since it's primarily a single-story residence
with the exception of the garage which is notched below the proposed residence.
Section 3: The Planning Commission finds that the Major Grading Permit for
387.5yd3 of grading consisting of 384yd3 of cut, 3.5yd3 of fill, and 380.5yd3 of export to
accommodate the proposed residence and ancillary improvements is warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot within the RS-5 zoning district. The proposed grading would accommodate
the construction of a new residence and ancillary site improvements associated
with a single-family residence. The proposed grading is necessary for the permitted
use, as the grading below the building footprint along the front, provides for a lower-
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level garage and basement (storage) in order to minimize neighborhood
compatibility concerns raised with the original proposal.
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. Given the elevation difference, the proposed grading and
related retaining walls will not be visible, as it will occur below the building pad
elevation of the upslope property.
C. The nature of grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. The proposed grading area is limited to previously
graded areas for the development of the original residence and excavation below
the building footprint and redesigned driveway to accommodate the new garage.
The transitional slopes along the side yards will remain.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing to blend any man-made or
manufactured slope into natural topography. The proposed grading is generally
limited to developed portions of the site and the transitional slopes along the side
yards will remain.
E. The grading and related construction is compatible with the immediate
neighborhood character as discussed in Section 1G above.
F. The grading conforms to the City's standards for grading on slopes, maximum
finished slopes, retaining wall heights in the front, side, and adjacent to driveways
and maximum depth of cut or fill.
Section 4: The Planning Commission finds that the Site Plan Review for the
proposed ancillary improvements to the residence and yard area, including a fire pit,
hardscape improvements, installation of mechanical equipment, and construction of a pool
and spa is warranted for a single-family residence. The proposed ancillary improvements
comply with all applicable Code requirements, including but not limited to minimum
required setbacks, heights, parking, and maximum allowed lot coverage in the RS-5
zoning district.
Section 5: The Planning Commission finds that the Fence/Wall Permit for the
proposed replacement of an existing perimeter fence with a new 8' combination fence/wall
(1'-5" garden wall topped with a 6'-6" fence) along the north side property line and a 6' to
7' tall fence along the rear and side yards is warranted because they would not
significantly impair a view from the viewing area of another property or a view from public
property identified in the City's General Plan and Coastal Specific Plan. Additionally, there
is no existing foliage that significantly impairs the protected view from surrounding
properties.
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Section 6: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any appeal
letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on
Wednesday, November 28, 2018. A $2,275.00 appeal fee must accompany any appeal
letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30
p.m. on Wednesday, November 28, 2018.
Section 7: 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 adopts P.C. Resolution No. 2018-
27, approving a Height Variation, Site Plan Review, Grading Permit, and Fence/Wall
Permit to allow the demolition of an existing single-story residence to accommodate the
construction of a new 3,872ft2 (garage included) single-story residence with a lower-level,
direct access garage, ancillary improvements, and 387.5 cubic yards of grading, subject to
the Conditions of Approval contained in the attached Exhibit "A."
PASSED, APPROVED AND ADOPTED this 13th day of November 2018, by the following
vote:
AYES: COMMISSIONERS LEON, SAADATNEJADI, PERESTAM, NELSON, AND
CHAIRMAN JAMES
NOES: VICE CHAIRMAN BRADLEY
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
William J. J es
41111C„ .
Chairman
Ara Mihranian, AICP
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2017-00476
(HEIGHT VARIATION, SITE PLAN REVIEW, GRADING PERMIT,
AND FENCE/WALL PERMIT)
27023 SHOREWOOD ROAD
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 Exhibit
"A". Failure to provide said written statement within 90 days following the date of
this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. 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.
4. 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.
5. Pursuant to Section 17.78.040 of the Rancho Palos Verdes Municipal Code, the
Director of Community Development 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. Substantial changes to the project shall be considered a
revision and require approval by the final body that approved the original project,
which may require new and separate environmental review and public notification.
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6. 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.
7. 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 Rancho Palos Verdes Municipal Code or
administrative citations as described in Section 1.16 of the Rancho Palos Verdes
Municipal Code.
8. 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 Rancho Palos Verdes Municipal Code within one year of the final
effective date of this decision, 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.
9. 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.
10. 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 decision.
11. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions or
on the stamped APPROVED plans.
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.
13. 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
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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.
14. If construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days, the Applicant shall provide temporary construction fencing, as
defined in Section 17.56.050(C) of the Development Code. Unless required to
protect against a safety hazard, temporary construction fencing shall not be erected
sooner than 15 days prior to commencement of construction.
15. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
16. The Applicant shall remove the project silhouette within seven (7) days after a final
decision has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions
17. This approval shall allow for the following:
a. Demolition of an existing 2,098ft2(garage included) single-story residence.
b. Construction of a new 3,872ft2 single-story residence including a 400ft2 lower
level garage (with a 79ft2 basement included). BUILDING AREA
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or
civil engineer prior to the framing inspection.
c. 387.5 cubic yards of grading consisting of 384 cubic yards of cut, 3.5 cubic
yards of fill, and 380.5 cubic yards of export.
d. Construction of the following retaining walls:
i. Three (3) terraced retaining walls adjacent to the southern portion of
the driveway. Each of the three retaining walls shall not exceed 2.4' in
height with a minimum parallel distance of 3' between each retaining
wall and as measured from the interior of the retaining wall;
ii. One 2.5' tall retaining wall adjacent to the northern portion of the
driveway;
iii. One 3' tall retaining wall abutting the northeast side property line
within the front yard and side yard;
iv. One 2.6' tall upslope retaining wall along the south side of the front
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yard;
v. One 4.6' tall upslope retaining wall along the southwest side yard of
the property.
The heights of the approved retaining walls do not include guardrails. Should
a guardrail be required or installed, additional Planning review and approval
shall be required.
e. Construction of a pool and spa within the rear yard with associated
mechanical equipment located within the rear yard setback. The mechanical
equipment Model: Pentair Intelliflo, shall not to exceed a maximum of 65
decibels as measured from the closest property line. Mechanical equipment
shall be screened by 5' tall wall incorporated into the spa water feature.
f. Construction of a new gas fire pit within the rear yard.
g. Construction of a new perimeter 8' tall combination wall (1'-5" garden wall
topped with a 6'-6" fence) along the north side property line and a 6' to 7' tall
fence along the remaining rear and side yards.
18. The height of the approved residence shall be as depicted on the stamped
approved plans and in no case shall the maximum height exceed 24.5' as
measured from the lowest finished grade covered by the structure (elev. 296.5') to
the highest proposed roofline (elev. 321.0'); and a height of 15.6' as measured from
the highest elevation of the existing grade covered by the structure (elev. 305.31')
to the highest proposed roof ridgeline (elev. 321.0'). BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection, based on the above mentioned
instructions.
19. The approved residence shall maintain a 20' front yard setback, a 10'-4" southwest
side yard setback, 5' northeast side yard setback and a 35' rear yard setback.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
20. Unless modified by the approval of future planning applications, the approved
project within the RS-5 zoning district shall maintain a maximum of 50.14% lot
coverage (52% maximum allowed).
21. Maximum hardscape coverage within the 20'-0" front-yard setback area shall not
exceed 50%.
22. A minimum of 2 enclosed parking spaces shall be provided and maintained as a
garage, and a minimum of 2 unenclosed parking spaces shall be provided and
maintained as a driveway. An enclosed parking space shall have an unobstructed
ground space of no less than 9' in width and 20' in depth, with a minimum 7' vertical
clearance. An unenclosed parking space shall have an unobstructed ground space
of no less than 9' in width by 20' in depth.
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23. A driveway shall be a minimum width of 10'.
24. 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.
25. Exterior residential lighting shall comply with the standards of Section 17.56.030 of
the Rancho Palos Verdes Development Code. All exterior lighting shall be so
arranged and shielded as to prevent direct illumination of abutting properties and of
vehicles passing on the public right-of-way. Luminaries shall be of a low-level
indirect and diffused type. All fluorescent bulbs or other lighting under canopies or
on the building shall be covered with diffusing lenses and shielded.
26. The flat portion of the mansard roof shall utilize a similar color to the tiled roof, as
deemed acceptable by the Community Development Director, prior to the
installation of the roof.
27. Finished slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere
on the property.
28. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMITS, a drainage
plan shall be reviewed and approved by the Building and Safety Division. If a sump
pump is used, the Applicant shall submit a copy of a recorded covenant on the
project site for the use and maintenance of the sump pumps for on-site drainage
purposes.
29. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMIT ISSUANCE,
haul routes to transport soil shall be approved by the Public Works Department.
30. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMITS, all
applicable soils/geotechnical reports, if required by the Building and Safety Division,
shall be approved by the City's Geologist.
31. PRIOR TO THE ISSUANCE OF GRADING OR BUILDING PERMITS, the
Applicant shall submit a landscape plan for approval by the Director of Community
Development for the installation of plantings. The final approved landscaping shall
be installed prior to permit final.
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