PC RES 2019-012 P.C. RESOLUTION NO. 2019-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION, MAJOR GRADING PERMIT, MINOR
EXCEPTION PERMIT AND SITE PLAN REVIEW TO ALLOW THE
CONSTRUCTION OF A 17FT2 SINGLE STORY ADDITION AND AN
804FT2 SECOND STORY ADDITION, MEASURING 25'-9" IN
HEIGHT, TO AN EXISTING SINGLE-STORY RESIDENCE
RESULTING IN A TOTAL STRUCTURE SIZE OF 4,975FT2, THE
DEMOLITION OF THE EXISTING TWO-CAR DETACHED GARAGE
TO ACCOMMODATE THE CONSTRUCTION OF A NEW 1,602FT2,
TWO-STORY, DETACHED STRUCTURE CONSISTING OF A
758FT2 SECOND DWELLING UNIT ABOVE AN 844FT2 THREE-
CAR GARAGE, MEASURING 21'-3" IN HEIGHT, AND THE
CONSTRUCTION OF ANCILLARY SITE IMPROVEMENTS WITH
658YD3 OF ASSOCIATED GRADING AT 5425 MIDDLECREST
ROAD (CASE NO. PLHV2018-0014).
WHEREAS, on September 21, 2018, the Director approved a Site Plan Review
application (Case No. PLSR2018-0261) to replace a single-story residence and detached
garage in the same general location and size as the original residence (3,011 ft, which was
partially damaged by a fire in November 2017 (see attached Director-Approved Plans).
The Director-approved project is considered by the Applicant as Phase 1 and is currently
in the Building & Safety plan check process. As such, no demolition or construction to the
fire-damaged structure has occurred on the project site and remains unoccupied;
WHEREAS, on December 13, 2018, the Applicant submitted Height Variation,
Major Grading Permit, and Site Plan Review applications to construct additions, as Phase
2, to the previous Director-approved primary residence, and to demolish the existing
detached garage to accommodate a new two-story detached structure with a second
dwelling unit (also known as an accessory dwelling unit or ADU) above, and ancillary site
improvements with associated grading;
WHEREAS, on January 9, 2019, 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 a Minor Exception Permit) and modified the design of the detached structure to
address neighbor concerns;
WHEREAS, on May 9, 2019, Staff deemed the application complete, setting the
action deadline to July 8, 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,
P.C. Resolution No. 2019-12
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providing a 30-day time period to submit comments. No public comments were received in
response to the public notice;
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
15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA.
Specifically, the project involves additions to an existing structure that is less than
10,000ft2; is located where existing public services and facilities are available; and is not in
an environmentally sensitive area;
WHEREAS, the Planning Commission held a public hearing on June 11, 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 involves the construction of a 17ft2 single story
addition and an 804ft2 second story addition, measuring 25'-9" in height, to an existing
single-story residence; demolition of an existing detached garage to accommodate the
construction of a new 21'-3" tall, two-story detached structure consisting of a 758ft2 second
unit above an 844ft2 garage, resulting in a combined total structure size of 4,975ft2; and
construction of ancillary site improvements with 658yd3 of associated grading.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a 25'-9" tall, 804ft2 second story addition to the primary residence and a
new 21'-3" tall, 1,602ft2 two-story detached structure, both exceeding the 16'/20' by-right
height limit, are warranted based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 7 signatures (100%) from properties within
100' and 18 signatures (51%) within 500' of the project site.
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. There are no public viewing area or viewing site in
the immediate vicinity and the property is not located within the City's Coastal Zone
or any other City specific plan. Additionally, the B-1 Indian Peak Trail Segment
identified in the City's Conceptual Trails Plan that runs along the north end of
Crenshaw Blvd. is located approximately 55' lower than the project area and
therefore, views from this trail will not be impacted.
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C. The proposed residence is not located on a ridge or promontory. The proposed
project is not located on 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 or an addition to an existing 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 topography in the area and the
development of the tract. The views in the area are primarily oriented to the
northeasterly direction consisting of the Los Angeles basin in which the residences
to the east and west of the subject property share the same view with no views in
the direction of, or over the proposed project area. The properties to the south are
at an elevation approximately 10' lower than the project site and do not have views
over the 16' height limit.
E. There is no significant cumulative view impairment caused by granting the Height
Variation because none of the properties have views in the direction of, or over the
proposed project area. For the same reason, given the topographical layout of the
neighborhood, similar improvements on adjacent properties will also have no view
impacts to other properties.
F. The proposed residence complies with all other Code requirements, including, but
not limited to the minimum required setbacks, height, parking, lot coverage,
including the increased front yard lot coverage as discussed in Section 4 below.
G. The proposed residence is compatible with the character of the immediate
neighborhood in terms of the scale, architectural style, and setbacks. The existing
neighborhood incorporates various design elements and facade treatments from
both modern and traditional architectural styles which are reflected in the proposed
residence. As designed, the proposed residence will consist of a smooth stucco
finish with stone veneer accents, arcades with round stone columns along the patio
and porch areas, and a hip roof design with decorative rafters. In addition, the
proposed detached structure will replicate the design and architectural style of the
primary residence with simplified alternations such as a cornice trim in lieu of
decorative rafters and shorter roof eaves. The proposed project also includes
various design elements to minimize the apparent bulk and mass, including varied
setbacks and ridgeline elevations with low-pitched hip roofs, and inclusion of
balconies and a roof deck that serve as visual breaks. There are two other two-
story homes in the immediate neighborhood which are in close proximity to the
project site, allowing the proposed two-story structures to seamlessly blend in.
Lastly, the proposed project exceeds the minimum required setbacks that allows air,
light, and privacy between structures.
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H. The proposed new structure or addition to an existing structure that is above 16' in
height does not result in an unreasonable infringement of the privacy of the
occupants of abutting residences. The proposed balcony, roof deck, and windows
on the proposed second story addition to the primary residence faces the
neighboring property's front yard and located at least 50' away from the closest
abutting neighbor. In addition, the proposed balcony along the front façade of the
two story detached structure primarily faces the street with very limited views into
the neighboring property's front yard, where there is no expectation of privacy.
Section 3: The Planning Commission finds that the Major Grading Permit to
conduct 658yd3 of associated grading consisting of 452yd3 cut and 206yd3 fill with 246yd3
of export to expand the building pad, notch the detached structure into existing grade, and
accommodate the proposed ancillary 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 create a more level and larger
building pad to accommodate the proposed residential structures, notch the
detached structure into existing grade to minimize visual impacts to neighboring
properties, and to widen the driveway to comply with the Los Angeles County Fire
Department access requirements.
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. Although the eastern end of the primary residence will be raised by
approximately 1.3' (from 117.2' to 118.5'), the overall height of the eastern end of
the residence will remain less than 16' in height (14.14'), as measured from the
point where the lowest foundation or slab meets finished grade (118.5') to the first
story roof ridgeline (132.64'). The proposed grading for the split-story detached
structure is to lower the lowest finished grade, resulting in a structure that is lower
than a structure that could have been built in the same location at the original
building pad elevation. As discussed in Section 2D, the proposed structures
supported by the proposed grading will not impact views 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. The proposed grading is limited to areas
that have previously been graded for the construction of the existing residence and
will be minimal as most of the grading is to level the area for a larger usable space.
In order to accommodate ancillary site improvements in the front and side yards,
especially the wider driveway, alterations to the slope will be necessary but is
limited to an extent where most of the remaining slope will be preserved.
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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 structures and ancillary
site improvements where no land sculpturing is proposed and the remaining natural
slopes will be preserved.
E. The grading utilizes street designs and improvements, which serve to minimize
grading alternatives and harmonize with the natural contours and character of the
hillside. The proposed project involves modifications to the street of access
(Middlecrest Rd.) in order to meet Los Angeles County Fire Department
requirements by widening the existing driveway approach rather than relocating or
redesigning the driveway, which would require altering greater areas of the existing
contours.
F. The grading conforms to the standards for grading on extreme slopes (35% or
greater), restricted grading areas, maximum depth of cut and fill, and driveway
slope steepness. A portion of the grading will create maximum finished slopes over
35% steepness (proposed 50%) and retaining walls in excess of 3.5' in height
(proposed up to 5.25'). The grading may be allowed to deviate from the maximum
finished slope steepness and retaining wall height restrictions as it is consistent with
the purposes of a Grading Permit set forth in RPVMC §17.76.040. 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 such project complies with all
goals and polices of the General Plan, any specific plan and any amendments. The
proposed deviation is due to the existing slope conditions where the front yard
slopes up from the street at a distance of 54'-2" to the primary residence. The
existing hardscape over the front slope area has deteriorated and a new entry
courtyard with steps is proposed that involves grading up to 6.25' in depth to
accommodate necessary improvements, including retaining walls up to 5.25' in
height and 50% finished slope adjacent to the new retaining walls, for a safe and
functional access to the primary residence. Furthermore, a new retaining wall up to
4.93' in height is proposed along the east side yard steps which will replace the
existing upsloping ramp. The proposed grading for the retaining walls exceeding
3.5' in height and finished slopes over 35% steepness will not constitute a grant of
special privileges inconsistent with the limitations upon other properties in the
vicinity. Most homes along the northern side of Middlecrest Rd. have a similar
upsloping approach from the street to their residence that incorporates ramps,
steps on grade, and retaining walls in the front yard to allow access, similar to the
project site. Moreover, the proposed grading that involves exceeding the maximum
finished slope and retaining wall height will not be detrimental to the public safety
nor to other property as compliance with the Building Code, City's geotechnical
consultant approval, and a series of inspections will be required throughout project
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construction. Lastly, a Notice of Decision will be provided to interested parties and
adjacent property owners.
Section 4: The Planning Commission finds that the Minor Exception Permit (MEP)
for the proposed reduction in the front setback landscaping requirement is warranted
based on practical difficulties due to the configuration of the existing site improvements
and the Los Angeles County Fire Department (LACFD) emergency access requirements.
The LACFD requires that the existing driveway be widened from 12' to 16' in width to allow
sufficient space for emergency ingress and egress, which inevitably increases the
hardscape within the front yard setback area from the maximum allowed 50% to 56%. The
only alternatives to comply with the LACFD accessibility requirements and the City's front
yard lot coverage requirements is to shift or redesign the entire driveway. Both alternatives
would entail costly and excessive grading by either demolishing the existing retaining walls
along both sides of the driveway, or cutting into the extreme slope in the front yard, which
may not meet all of the City's grading criteria. Widening the existing driveway resulting in a
minimal 6% increase of hardscape within the front yard setback area is the best alternative
to meet all agency requirements.
Section 5: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements, including a skylight for the primary residence,
remodeled driveway and hardscape, mechanical units, an outdoor fireplace, site walls,
gates, pilasters, and a fountain are warranted as the improvements comply with all
applicable Code requirements for the RS-2 zoning district. In addition, the proposed
balconies and roof deck will not result in an infringement of privacy to neighboring
properties as discussed in Section 2H above. Lastly, the proposed second dwelling unit
above the detached three-car garage complies with all the development standards
established in RPVMC §17.10.020.
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, June 26, 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, June 26, 2019.
Section 7: 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 8: 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-
12, approving a Height Variation, Major Grading Permit, Minor Exception Permit and Site
P.C. Resolution No. 2019-12
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Plan Review for the construction of a 17ft2 single story addition and an 804ft2 second story
addition, measuring 25'-9" in height, to an existing single-story residence resulting in a
total structure size of 4,975ft2 (including Phase 1), the demolition of the existing two-car
detached garage to accommodate the construction of a new 1,602ft2, two-story, detached
structure consisting of a 758ft2 second dwelling unit above an 844ft2 three-car garage,
measuring 21'-3" in height, and the construction of ancillary site improvements with 658yd3
of associated grading, subject to the Conditions of Approval contained in the attached
Exhibit "A".
PASSED, APPROVED AND ADOPTED this 11th day of June 2019 by the following
vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI,
PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
410POP"P /11/1.-
Chairman
Ara -7771W
- ._ -
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-12
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2018-0014
(HEIGHT VARIATION, MAJOR GRADING PERMIT, MINOR EXCEPTION
PERMIT AND SITE PLAN REVIEW)
5425 MIDDLECREST RD.
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
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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 §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:
A. Construction of a 17ft2 single story addition and an 804ft2 second story
addition to the existing primary residence, resulting in a total structure size of
4,975ft2;
B. Demolition of the existing detached garage to accommodate the construction
of a new detached two-story structure consisting of a 758ft2 second dwelling
unit above an 844ft2 three-car garage;
C. Construction of a 46ft2 balcony and a 362ft2 roof deck to the primary
residence;
D. Construction of a 179ft2 balcony to the detached structure;
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E. Installation of skylights on the roof of the primary residence;
F. Construction of a combination wall up to 8'-5" in height (3'-6" fence above a 4'-
11" retaining wall) along the east side yard;
G. Construction of ancillary site improvements, including a remodeled driveway
and hardscape, mechanical units (one AC unit between the primary residence
and detached structure, and 2 AC units along the west façade of the existing
primary residence), an outdoor fireplace, site walls, gates, pilasters, and a
fountain; and
H. Conduct 658yd3 of associated grading consisting of 452yd3 cut and 206yd3 fill
with 246yd3 of export to accommodate the proposed improvements. The
maximum depth of cut shall be 6.25' and the maximum depth of fill shall be
4.30'.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
20. The approved plans shall substantially comply with the conditions set forth in Case
No. PLSR2018-0261, stamped and approved on September 21, 2018, which will
remain in full force and effect.
21. Primary Residence
a. The height of the approved primary residence shall be as depicted on the
stamped APPROVED plans and in no case shall the maximum height of the
primary residence extend above a height of 24'-9", as measured from
highest elevation of the existing grade covered by the structure (elev. 119.5')
to the highest proposed roof ridgeline (elev. 144.18'); and an overall height of
25'-9", as measured from lowest finished grade adjacent to the structure
(elev. 118.5') to the highest proposed roof ridgeline (elev. 144.18').
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.
b. The approved primary residence shall maintain a 54'-2" front, 6'-6" east side,
and 6'-10" west side yard setbacks.
22. Detached Structure
a. The height of the approved two-story detached structure shall be as depicted
on the stamped APPROVED plans and in no case shall the maximum height of
the two-story detached structure extend above a height of 13'-3", as
measured from highest elevation of the existing grade covered by the
structure (elev. 117.4') to the highest proposed roof ridgeline (elev. 130.6');
and an overall height of 21'-3", as measured from lowest finished grade
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adjacent to the structure (elev. 109.4') to the highest proposed roof ridgeline
(elev. 130.6'). 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.
b. The approved two-story detached structure shall maintain a 28'-7" front, 10'-
0" east side, and 102'-6" west side yard setbacks.
b. Unless modified by the approval of future planning applications, the
approved second dwelling unit shall include, in accordance with the Uniform
Building Code, one full bathroom and one kitchen and shall not include any
additional bathrooms or kitchens. The second dwelling unit shall also be
limited to a maximum of two bedrooms.
d. PRIOR TO ISSUANCE OF BUILDING PERMITS, the Applicant shall record
a covenant stating that the primary unit and second dwelling unit shall
remain under the same ownership and that the second dwelling unit shall not
be sold separately from the primary unit in order to maintain the right to have
an occupancy certification.
e. Either the primary dwelling unit or the second dwelling unit shall be owner
occupied in order for the second dwelling unit to qualify for and maintain the
right to have an occupancy certification.
23. Unless modified by the approval of future planning applications, the approved
project within the RS-2 zoning district shall maintain a maximum of 36% lot
coverage.
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 56% 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 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. The project site shall maintain a minimum of three-enclosed parking spaces at all
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times, of which one-enclosed parking space shall be designated for the second
dwelling unit. On-site parking shall conform to the parking requirements described
in RPVMC § 17.02.030 for the primary residence and the designated parking space
for the second dwelling unit shall not be tandem, or block the access of, the parking
areas for the primary residence. 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.
29. Pursuant to RPVMC §17.02.026, no person shall operate a short-term rental in any
residential zoning district in the City.
30. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
31. Roof eaves shall not project into the required setback more than 6" for each foot
of the required setback, provided that there are no vertical supports within the
required setback areas.
32. PRIOR TO 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.
33. 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.
34. Minor Structures and Mechanical Units
a. The height of the proposed skylights shall not exceed the highest ridgeline of
the house.
b. The approved NC unit shall comply with the required side setbacks and shall
be screened from view from adjacent public right-of-way with foliage or other
appropriate screening.
c. The maintenance or operation of mechanical equipment, including but not
limited to AC units or pool filters, generating noise levels in excess of 65 dBA
as measured from the closest property line shall constitute a public nuisance
in accordance to Chapter 8.24 of the RPVMC.
d. Any outdoor furnishings, accessories or plants located on the balcony shall
not exceed a height of 8' or the bottom of the roof eave, whichever is lower,
as measured from the finished floor of the deck.
P.C. Resolution No. 2019-12
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e. 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.
P.C. Resolution No. 2019-12
Page 14 of 14