PC RES 2019-010 P.C. RESOLUTION NO. 2019-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION, MAJOR GRADING PERMIT AND SITE
PLAN REVIEW FOR THE CONSTRUCTION OF A NEW 5,292FT2
SPLIT-LEVEL RESIDENCE MEASURING 26' IN HEIGHT AND
ANCILLARY SITE IMPROVEMENTS WITH 701YD3 OF
ASSOCIATED GRADING (CASE NO. PLSR2018-0251).
WHEREAS, on October 6, 1960, the subject site was improved with a 2,398ft2
single-family residence, garage, and ancillary site improvements;
WHEREAS, on April 12, 2005, the Planning Commission adopted P.C. Resolution
No. 2005-16, approving the demolition of the existing single-family residence to
accommodate the construction of a new 5,048ft2 three-story, single-family residence,
measuring 26' in height. On February 16, 2008, the Planning Commission-approved
entitlements expired while in the Building & Safety Division Plan Check process;
WHEREAS, on September 5, 2012, the previous property owner obtained a
demolition permit from the Building & Safety Division and demolished the existing single-
family residence;
WHEREAS, on July 23, 2018, the Applicant, on behalf of the current property
owners, submitted a Site Plan Review application, requesting approval to construct a new
split-level residence and ancillary site improvements with associated grading;
WHEREAS, on August 24, 2018, Staff completed an initial review of the application,
at which time the application was deemed incomplete due to missing information on the
project plans. The Applicant submitted additional information on several occasions,
including the submittal of a Major Grading Permit and Height Variation applications;
WHEREAS, on April 4, 2019, the application was deemed complete for processing,
setting the action deadline to June 3, 2019. On the same day, a public notice was mailed
to property owners within a 500' radius of the subject property and published in the
Peninsula News, providing a 30-day time period to submit comments and concerns.
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, the proposed project has been found to be categorically exempt under Section
15303(a) (New Construction) of the California Guidelines for Implementation of CEQA.
Specifically, the project involves the construction of a single-family residence in the RS-2
zoning district, which is a residential zone;
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WHEREAS, the Planning Commission held a public hearing on May 14, 2019, 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 is to allow the construction of a new 5,292ft2
(4,737ft2 residence and 555ft2 garage) split-level residence measuring 26' in height and
ancillary site improvements with 701yd3 of associated grading.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a new 5,292ft2 split-level residence exceeding the 16'/20' by-right height
limit is warranted based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 19 (45%) property owner signatures within
the 500' radius, of which 6 (100%) are within the 100' radius, and where there is no
active local Homeowners' Association in the 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, Conceptual Trails Plan, Trails Network
Plan, or Coastal Specific Plan.
C. The proposed residence is not located on a ridge or promontory. The proposed
residence will be located on a graded pad lot which is not a prominent mass of land
that overlooks or projects onto a lowland or body of water on two sides.
D. The area of a proposed new structure that is above 16' in height, as defined in
Section 17.02.040(B) of the Municipal Code, when considered exclusive of existing
foliage, does not significantly impair a view from the viewing area of another parcel
due to the orientation of the lot, topography of the area, and proposed grading
which will notch the new residence into the existing grade. The views from the
residences located along Via Frascati (the street on which the project site is
located) are oriented in the southeasterly direction towards the harbor. The
properties to the east, west, and south share a similar view frame that does not
contain a protected view in the direction of the project site. The properties to the
north are located at least 15' higher in elevation and therefore will not be impacted
by the proposed new structure over 16' in height.
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E. There is no significant cumulative view impairment caused by granting the Height
Variation due to the topography, orientation of the residences, and proposed
grading on the project site.
F. The proposed residence complies with all other Code requirements, including, but
not limited to the minimum required setbacks, height, parking, and lot coverage.
G. The proposed residence is compatible with the character of the immediate
neighborhood (considered the 15 residences located on Via Frascati) in terms of
the scale, architectural style, and setbacks. The majority of the existing
neighborhood is comprised of residences that resemble a mix of California Ranch
and Mediterranean style architecture. The new residence incorporates design
elements found in the immediate neighborhood consisting of a smooth white stucco
exterior, red mission clay tile roofs, decorative front entrance, and accents to the
window with exposed wood headers and sloping stucco sills at the bottom. The
proposed gable roof design will have varying ridgelines and orientation which is
also commonly found throughout the other homes in the immediate neighborhood.
The two-story residences within the immediate neighborhood are mostly split-level
homes similar to the proposed project. The visible appearance of the proposed
project will not appear bulky and massive as the Applicant is proposing to excavate
and lower nearly half of the proposed square footage (2,392ft2) below the existing
grade minimizing the structure's overall appearance. In addition, the proposed
project also includes design features to articulate the building façades to mitigate
the impacts of bulk and mass, including varied setbacks, inclusion of a balcony, and
recessed upper level area along the north façade. Lastly, the proposed project
meets or exceeds the required minimum setbacks to allow sufficient space for
exterior functions of the residence and with respect to air, light, and privacy
between structures.
H. The proposed new structure that is above 16' in height and as conditioned does not
result in an unreasonable infringement of the privacy of the occupants of abutting
residences. The proposed balcony along the rear façade is oriented toward Palos
Verdes Drive East where the closest property is 280' away, resulting in no privacy
infringement.
Section 3: The Planning Commission finds that the Major Grading Permit to
conduct 701yd3 of associated grading (611yd3 cut and 90yd3 fill with 521yd3 of export) to
notch the residence into the existing building pad to accommodate the proposed split-level
design and associated site improvements is warranted based on the following findings:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The proposed project is in a RS-2 zoning district in which the primary use
of the lot is residential. The proposed grading is to notch the new residence into the
existing grade to accommodate the lower level and construct a split-level home as
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opposed to a conventional two-story residence to eliminate any potential view
impacts to neighboring properties as observed from Via Frascati.
B. The grading and/or related construction does not significantly adversely affect the
visual relationships with nor the views from the viewing area of neighboring
properties. The proposed grading is to lower the finished grade to accommodate a
lower level rather than constructing a conventional two-story structure in the same
location. Moreover, nearly half of the proposed square footage (2,392ft2) will be
constructed below grade, reducing potential visual impacts from the viewing areas
of neighboring properties.
C. The nature of the grading minimizes disturbances to the natural contours and
finished contours are reasonably natural. Most of the grading is proposed under the
building footprint and some grading is proposed outside of the building footprint to
regrade the east side yard slopes to blend seamlessly with the surrounding slopes.
Minimal grading is also proposed to replace an existing retaining wall along the
lower portion of the rear yard slope. The existing contours beyond the wall will be
preserved.
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 natural topography. Most of the grading will be conducted
on previously graded areas to accommodate the proposed project. The visible
finished contours surrounding the proposed residence will be minimally altered to
blend seamlessly with the contours beyond.
E. The grading and/or related construction is compatible with the immediate
neighborhood character as evidenced in Section 2G.
F. The grading conforms with the standards for grading on extreme slopes (35% or
greater), maximum finished slopes, maximum depth of cut and fill, retaining walls,
and driveway slope steepness. However, a portion of the grading is on slopes over
50% steepness, which is considered restricted grading area. The grading may be
allowed in the restricted grading area because it is consistent with purposes of a
Grading Permit set forth in RPVMC §17.76.040 Grading Permit in that the purpose
of the proposed grading is to permit reasonable development of land, ensuring the
maximum preservation of natural scenic character of the area consistent with
reasonable economic use of such property; and that each project complies with all
goals and polices of the General Plan, any specific plan and any amendments. The
grading over the restricted grading area is to accommodate the removal and
replacement of an unpermitted retaining wall on the rear slope with a taller
combination wall up to 7' in height. Additionally, grading over the restricted grading
area will not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity as the neighboring properties along Via
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Frascati that slope downhill from the street of access commonly have similar
retaining walls in the rear yard. Furthermore, grading over the restricted grading
area will not be detrimental to the public safety nor to other property as compliance
with the Building Code, City's geotechnical consultant approval, and series of
inspections will be required throughout project construction. Lastly, a Notice of
Decision will be provided to interested parties and adjacent property owners.
Section 4: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements such as new driveway approach in the front yard,
trash enclosure in the side yard, pool and spa in the rear yard, and minor mechanical
equipment (AC unit and pool equipment) along the south facade of the proposed
residence is warranted as the improvements comply with all applicable Code requirements
for the RS-2 zoning district. In addition, the proposed balcony will not result in an
infringement of privacy to neighboring properties as discussed in Section 2H above.
Section 5: 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, May 29, 2019. 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, May 29, 2019.
Section 6: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure
§1094.6 and Section 17.86.100(B) of the RPVMC.
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. 2019-
10, approving a Height Variation, Major Grading Permit and Site Plan Review for the
construction of a new 5,292ft2 split-level residence measuring 26' in height and ancillary
site improvements with 701yd3 of associated grading, subject to the Conditions of
Approval contained in the attached Exhibit "A."
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PASSED, APPROVED AND ADOPTED this 14th day of May 2019, by the following
vote:
AYES: COMMISSIONERS JAMES, NELSON, PERESTAM, SANTAROSA, VICE
CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SAADATNEJADI
David Bradley
Chairman
Ara Mihranian, AICP
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLSR2018-0251
(HEIGHT VARIATION, MAJOR GRADING PERMIT AND SITE PLAN REVIEW)
4348 VIA FRASCATI
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 (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040 of the Rancho Palos Verdes Municipal Code, the
Director of Community Development shall be 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 §17.86.060 of the City's Municipal Code or administrative citations as
described in §1.16 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 §
17.86.070 of the City's 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 §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
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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 §17.56.050(C) of the City's Municipal 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. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
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.
16. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
17. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT,
whichever occurs first, all applicable soils/geotechnical reports, if required by the
Building and Safety Division, shall be approved by the City's Geologist.
18. 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
19. This approval shall allow for the following:
• Construction of a new 5,292ft2 split-level single-family residence consisting of a
4,737ft2 residence and 555ft2 garage;
• Construction of a 352ft2 balcony along the rear façade;
• Demolition of the existing retaining wall to be replaced with a new combination wall
measuring up to 7' in height (3'-6" fence above a 3'-6" retaining wall) along the rear
yard;
• Construction of a trash enclosure along the easterly side yard;
• Construction of a new pool and spa in the rear yard;
• Construction of a new driveway approach at the front yard;
• Installation of an AC unit and pool equipment at the south façade of the proposed
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residence; and
• Earth movement of 701yd3 (611yd3 cut and 90yd3 fill with 521yd3 of export) to
accommodate the proposed improvements.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
20. The height of the approved residence shall not exceed 15'-5", as measured from
the highest elevation of the existing grade covered by the structure (elev. 786.58')
to the highest proposed roof ridgeline (elev. 802'); and an overall height of 26', as
measured from the lowest finished grade adjacent to the structure (elev. 776') to the
highest proposed roof ridgeline (elev. 802'). 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.
21. The approved residence shall maintain 20'-0" front, 8'-0" side, and 18'-6" rear yard
setbacks. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to foundation forms inspection.
22. Unless modified by the approval of future planning applications, the approved
project within the RS-2 zoning district shall maintain a maximum of 39.6% lot
coverage.
23. A total of 701 yd3of grading shall be permitted by this approval consisting of 611yd3
of cut and 90yd3 of fill with 521yd3 of export. The maximum depth of cut shall be 8'-
6" and the maximum depth of fill shall be 3'-0".
24. PRIOR TO ISSUANCE OF ANY GRADING AND/OR BUILDING PERMIT,
whichever occurs first, an earth hauling permit shall be approved by the Public
Works Department.
25. Driveways, paved walkways and parking areas shall not cover more than 50% of
the required front setback areas. Any pervious or semi-pervious surface which is
part of or within a driveway or parking area shall not be considered to be
landscaping.
26. The new driveway shall be a minimum width of 10' and a maximum width of 20',
and shall not exceed a gradient slope of 20%.
27. A minimum 18" landscaped area between the side property line and the adjacent
driveway shall be provided.
28. 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
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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.
29. PRIOR TO SUBMITTAL TO BUILDING AND SAFETY FOR PLAN CHECK, the
window on the easterly façade in the proposed living room shall either be eliminated
or changed to a clerestory measuring at least 5' above the finished floor.
30. The approved NC unit, pool equipment, and trash enclosure shall comply with the
required front and side setbacks.
31. The proposed NC unit, pool equipment, and trash enclosure shall be screened
from view from adjacent public right-of-way with foliage or other appropriate
screening.
32. The height of the approved trash enclosure shall be as depicted on the stamped
APPROVED plans and in no case shall the maximum height exceed 6'.
33. Pool enclosure required. Enclosure must consist of 5' to 6' tall fence or wall with a
self-closing, self-latching gate.
34. Any outdoor furnishings, accessories or plants located on the balcony shall not
exceed a height of 8'-0" feet or the bottom of the roof eave, whichever is lower, as
measured from the finished floor of the deck.
35. Any outdoor furnishings, accessories or plants located on the balcony which exceed
the height limits established in RPVMC §17.02.040, shall not significantly impair a
view from surrounding properties.
36. 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.
37. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMITS, a written
authorization letter from the legal easement holder regarding construction within the
easement shall be recorded with the Los Angeles County Recorder's Office on a
form deemed acceptable by the City Attorney.
38. PRIOR TO ISSUANCE OF ANY GRADING OR BUILDING PERMITS, the Brazilian
Pepper Tree located in the front yard 50' from the north property corner shall be
crown reduced by trimming the tree down to 16' in height, as measured from the
base of the tree. The current and subsequent property owners shall maintain all
foliage on the property, which exceed 16' in height or the lowest adjacent ridgeline,
whichever is lower, in perpetuity.
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