CC RES 2018-085 RESOLUTION NO. 2018-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING REVISION "A" TO
THE CITY COUNCIL-APPROVED HEIGHT VARIATION,
GRADING PERMIT, EXTREME SLOPE PERMIT, AND SITE
PLAN REVIEW BY AMENDING THE CONDITIONS OF
APPROVAL OF RESOLUTION NO. 2015-76 TO INCREASE
THE SQUARE FOOTAGE OF THE RESIDENCE FROM 4,620
FT2 TO 6,895 FT2, INCREASING THE LOT COVERAGE
FROM 39.3% TO 39.4%, AND REDUCING THE GRADING
FROM 466 YD3 TO 399 YD3 WITH 127 YD3 OF IMPORT ON
PROPERTY LOCATED AT 29858 KNOLL VIEW DRIVE
(CASE NO. PLRV2018-0014).
WHEREAS, on April 21, 1965, Tract Map 27142 was recorded with the County of
Los Angeles, thereby creating the subject property along with the other properties within
the Miraleste Hills community; and,
WHEREAS, on October 10, 2011, the Applicant (Marshall Esfahani) submitted
Planning Case No. ZON2011-00280 (Height Variation, Grading, and Site Plan Review)to
the Planning Division to allow the construction of a 6,105 ft2 two-story single-family
residence with 762 yd3 of grading on a vacant lot; and,
WHEREAS, on February 11, 2014, after conducting multiple public hearings, the
Planning Commission adopted P.C. Resolution No. 2014-07, denying without prejudice, a
Height Variation, Grading, and Extreme Slope Permit for a new 5,203 ft2, two-story, single-
family residence with 466 yd3 of associated grading finding that the project was too large
and not compatible with the character of the neighborhood; and,
WHEREAS, On February 26, 2014, the Applicant appealed the Planning
Commission's decision to the City Council requesting another opportunity to redesign the
project to address the Planning Commission's concerns; and,
WHEREAS, on April 16, 2014, meeting, the City Council conducted the appeal
hearing, and given the Applicant's desire to modify the project, remanded the project back
to the Planning Commission for review and consideration; and,
WHEREAS, On December 9, 2014, the Planning Commission conducted a new
public hearing, and after considering public testimony including the Applicant's revised
project, adopted P.C. Resolution No. 2014-35, approving a revised project for smaller
4,870 ft2, two-story, single-family residence with 213 yd3 of grading and ancillary site
improvements; and,
WHEREAS, on January 2, 2015, the owners of the property located at 29848 Knoll
View Drive appealed the Planning Commission's decision to the City Council as the
Appellant did not believe that the Applicant has a legal right/authority to use a driveway
along the north side of the vacant lot for ingress/egress purposes; and,
WHEREAS, on May 5, 2015, the City Council conducted the appeal hearing, and
after considering information presented at the hearing including testimony from the
Applicant and Appellant, continued the public hearing to August 4, 2015 to allow the
Applicant to redesign the project by, among other things, reducing the square footage and
providing more articulation to the proposed residence; and,
WHEREAS, on August 4, 2015,the City Council conducted a second appeal hearing
and, after considering information presented including the revised plans, adopted
Resolution No. 2015-76, approving a modified project for a smaller 4,620 ft2, two-story
residence with 466 yd3 of grading and ancillary site improvements including a new pool and
spa with associated mechanical equipment; and,
WHEREAS, on December 6, 2016, a building permit was issued for the City
Council-approved project and construction commenced soon thereafter; and,
WHEREAS, on May 8, 2018, the Applicant submitted a request to revise the City
Council-approved project by increasing the structure size and lot coverage, reducing the
grading, and eliminating the pool and spa with associated mechanical equipment. After
multiple revisions were made to the project, the application was deemed complete for
processing on October 26, 2018; and,
WHEREAS, on November 1, 2018, a notice was mailed to property owners within a
500' radius of the site and was published in the Palos Verdes Peninsula News; 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 Regulation, 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 PLRV2018-0014 would have a significant effect
on the environment and, therefore, the proposed project has been found by the City
Council to be categorically exempt under Article 19, Section 15301(e)(1) (Additions to
Existing Structures) of the California Guidelines for Implementation of the CEQA because
the proposed addition will not result in an increase of more than 2,500 ft2and,
WHEREAS, the City Council held a public hearing on December 4, 2018, at which
time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Resolution No. 2018-85
Page 2 of 4
Section 1: The proposed project involves a revision to the City Council-approved
project to amend the Conditions of Approval to allow the following project revisions:
• Increase the proposed lot coverage from 39.3 to 39.4%;
• Increase the square footage of the residence from 4,620 ft2 to 6,895 ft2
consisting of converting 2,215 ft2 of subfloor area into habitable area along
the first floor and increasing 60 ft2 to the second floor (all within the existing
building envelope);
• Remove the approved pool and spa with associated mechanical equipment;
and,
• Reduce the amount of associated grading from 466 yd3 to 399 yd3 with 127
yd3 of import to account for the removal of the pool and spa and to widen the
driveway from 12 feet to 15 feet.
Section 2: The City Council finds that the revised project does not change the
original findings made in Resolution No. 2015-76 for the Height Variation because the
additional 2,275 ft2 to the existing residence will occur within the existing building envelope
and will not alter the Council-approved maximum roof ridgeline elevation of 105.25';will not
significantly impair City-protected views from the viewing areas of neighboring properties;
will not result in a significant cumulative view impairment; will remain compatible with the
immediate neighborhood; and will not result in unreasonable infringement of privacy of the
abutting residences.
Section 3: The City Council finds that the revised project does not change the
original findings made in Resolution No. 2015-76 for the Major Grading Permit because the
total amount of gradingis beingreduced from 466yd3 to 399yd3 with 127 d3 of import to
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account for the removal of the pool and spa and to widen the driveway from 12'to 15', and
the City Council-approved finished contours will generally remain the same and the
maximum allowed heights of the retaining walls will not increase.
Section 4: The City Council finds that the proposed revised project does not
change the original findings made in Resolution No. 2015-76 for the Extreme Slope Permit
because the additional 2,275 ft2 to the existing residence will occur within the existing
building envelope and will not alter the entry deck originally permitted to be constructed in
the front yard by extending a maximum of 6' beyond the toe of an extreme slope.
Section 5: The City Council finds that the revised project does not change the
original findings made in Resolution No. 2015-76 for the Site Plan Review because the
project continues to comply with the required residential setback standards, lot coverage
and the maximum allowable heights as presented in the Development Code for the RS-2
zone.
Resolution No. 2018-85
Page 3 of 4
Section 6: Unless modified in the attached Conditions of Approval, all existing
Conditions of Approval included in Resolution No. 2015-76 shall remain in full force and
effect.
Section 7: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED, AND ADOPTED this 4th day of December 2018.
1
Mayor
Attest:
A ,
441 . lidan
NSW lerk
State of California )
County of Los Angeles ) ss
City or Rancho Palos Verdes )
I, Emily Colborn, the City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2018-85 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on Dece .- 4, 2018.
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Ci' C :rk
Resolution No. 2018-85
Page 4 of 4
RESOLUTION NO. 2018-85
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. PLRV2018-0014 (HV, GR, ESP, SPR)
29858 Knoll View Drive
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. 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.
ADDED PER RESOLUTION NO. 2018-85 ON DECEMBER 4, 2018
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. 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.
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
because to revoke the approval of the project pursuant to the revocation
procedures contained in Section 17.86.060 of the City's 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 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.
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 Resolution.
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. 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.
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
Resolution No. 2018-85
Exhibit A
Page 2 of 5
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.
14. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 40% lot coverage (39.4% proposed).
AMENDED PER RESOLUTION NO. 2018-85 ON DECEMBER 4, 2018
15. The approved additions shall maintain setbacks as depicted on the APPROVED
plans for both the first and second floor additions. BUILDING SETBACK
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or
civil engineer prior to foundation forms inspection.
16. Maximum hardscape coverage within the 20-foot front-yard setback area shall
not exceed 50%.
17. A minimum 3-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed
dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance
(3-car garage proposed).
AMENDED PER RESOLUTION NO. 2018-85 ON DECEMBER 4, 2018
18. 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.
19. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
20. 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
Resolution No. 2018-85
Exhibit A .f
Page 3 of 5
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.
21. 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.
Project Specific Conditions:
22. This approval shall allow for a 6,895ft2 two-story single-family residence, which
includes a 674 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.
AMENDED PER RESOLUTION NO. 2018-85 ON DECEMBER 4, 2018
23. The maximum ridgeline of the approved project is 105.25'. 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 GRADE ELEVATION CERTIFICATION shall be
provided by a licensed land surveyor or civil engineer, showing the Finished
Grade Elevation at 79.5'.
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. All existing foliage located on the subject property along the north and east side
property lines, adjacent to the private driveway easement and easterly
neighbor, shall be maintained in a thriving manner. If any of the existing trees
on either property are damaged or removed during construction, the Applicant
shall provide new trees to the satisfaction of the Director of Community
Development.
26. In addition to the new residence, grading and retaining walls, the Site Plan
Review for this project shall allow the construction of a covered patio.
27. Said approvals include an Extreme Slope Permit that shall allow the
construction of a deck to extend over the top of an extreme slope. Said deck
shall not extend more than 6'-0" beyond the extreme slope.
Resolution No. 2018-85
Exhibit A
Page 4 of 5
28. This project includes two retaining walls located adjacent to the proposed new
driveway that shall not exceed a height of 5'-0".
29. Prior to issuance of a Grading or Building Permit, if applicable, the Applicant
shall obtain approval of a haul route from the Public Works Department.
30. The proposed project shall allow a total of 399 cubic yards of grading consisting
of:
a) 26 cubic yards of cut
b) 373 cubic yards of fill
c) 127 cubic yards of import
AMENDED PER RESOLUTION NO. 2018-85 ON DECEMBER 4, 2018
Resolution No. 2018-85
Exhibit A
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