CC RES 2019-045 RESOLUTION NO. 2019-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE PLANNING
COMMISSION-APPROVED HEIGHT VARIATION PERMIT
AND SITE PLAN REVIEW APPLICATIONS APPROVING THE
DEMOLITION OF AN EXISTING SINGLE-STORY RESIDENCE
TO ACCOMMODATE THE CONSTRUCTION OF A NEW
4,560FT2 (GARAGE INCLUDED)TWO-STORY RESIDENCE
AND RELATED SITE IMPROVEMENTS WITH
MODIFICATIONS TO CONDITION NO. 18 AND 22 OF THE
CONDITIONS OF APPROVAL ON THE PROPERTY AT 5325
BAYRIDGE ROAD (PLANNING CASE NO. ZON2016-00358).
WHEREAS, on August 9, 2016, the Applicant (Ben Cauthen, Pacific Design Group)
submitted Height Variation and Site Plan Review applications requesting to demolish an
existing single-story residence in order to construct a new two-story residence with
ancillary improvements; and
WHEREAS, on August 19, 2016, Staff deemed the application incomplete due to
missing information on the project plans; and
WHEREAS, on March 20, 2019, after several submittals of additional information,
the application was deemed complete for processing; and
WHEREAS, on May 14, 2019, the Planning Commission held a duly-noticed public
hearing, considered public testimony expressing concerns with the project design, and
continued the public hearing to its June 25, 2019, meeting to allow the Applicant an
opportunity to address neighborhood compatibility concerns including structure size, bulk
and mass, and building height, as well as privacy impacts; and
WHEREAS, on June 10, 2019, the Applicant submitted revised plans that reduced
the structure size from 5,304ft2 to 4,560ft2 and the structure height from 24.6' to 22.42';
recessed the second story between 5' and 10' along the east facade; and replaced the 438ft2
rear facade deck with two smaller decks with translucent side panels totaling 128ft2 in size;
and
WHEREAS, on June 17, 2019, the Applicant revised the project silhouette, which was
installed 3 days prior to the transmittal of the June 25th Planning Commission agenda packet;
and
WHEREAS, on June 25, 2019, the Planning Commission continued the public
hearing to July 9, 2019, in order to provide adequate time for interested parties to assess
the revised project plans and silhouette; and
WHEREAS, on July 9, 2019, the Planning Commission, after considering public
testimony and the project revisions, adopted P.C. Resolution No. 2019-16, conditionally
approving a Height Variation Permit and Site Plan Review to allow the demolition of the
existing single-story residence to accommodate the construction of a new 4,560ft2 (garage
included) two-story residence with ancillary site improvements; and
WHEREAS, on July 23, 2019, a timely appeal of the Planning Commission's
approval was filed by Frank and Susan Semelka ("Appellants") requesting the City Council
modify the Conditions of Approval; and
WHEREAS, Appellants' appeal raised the following issues with the Planning
Commission's decision: 1) Amend Condition No. 22 to address privacy infringement
concerns from the proposed second-story north-facing balconies (decks); 2) Amend
Condition No. 18 to restrict the maximum height of the structure in order to maintain
neighborhood compatibility and consistency with previously-approved projects in the area;
and
WHEREAS, on August 29, 2019, a 30-day public notice of the public hearing
regarding the appeal was provided to all property owners within a 500' radius of the
Property and published in the 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 Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the proposed project has been found to be categorically exempt under the
Class 3 categorical exemption (Section 15303); and,
WHEREAS, on October 1, 2019, the City Council held a duly-noticed public hearing,
at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are hereby incorporated into this Resolution as set
forth herein.
Section 2: The City Council upholds the Planning Commission-approved Height
Variation Permit and Site Plan Review applications with modifications to Condition No. 22
of the Conditions of Approval and in connection therewith makes the following findings
based on the all evidence and testimony provide in the Staff report and at the public
hearing.
Section 3: Certain merits of the Appellants' appeal are warranted as described
below.
A. Appeal Reason No. 1: Amend Condition No. 22 to address privacy infringement
concerns from second-story north-facing balconies (Decks).
Resolution No.2019-45
Page 2 of 6
The Appellant is requesting that Condition No. 22 be amended to require the height
of the privacy panels to be 6' high. In response to the appeal, Staff worked with the
Appellant on a revision to the condition language that addresses the Appellant's
request. As a result, the Applicant has reviewed and accepted the following Staff-
recommended amended language to Condition No. 22 (new language is shown in
bold/underline text):
22. The Property Owner shall be responsible for maintaining a minimum 6' high
translucent privacy panels for each of the second-story decks located along
the north elevation of the proposed residence.
Section 4: Certain merits of the Appellants' appeal are not warranted as described
below.
A. Appeal Reason No. 2: Amend Condition No. 18 to restrict the maximum height of the
structure in order to maintain neighborhood compatibility and consistency with
previously-approved projects in the area.
The Planning Commission-approved residence will be two stories in height with an
overall height of 21.92', as measured from the highest elevation of the existing
grade covered by the structure to the highest proposed roof ridgeline, and an overall
height of 22.42', as measured from the lowest finished grade adjacent to the
structure to the highest proposed roof ridgeline. The Appellants request that the
height of the proposed residence be limited to 19.17', as measured from the highest
elevation of the existing grade to the highest proposed roof ridgeline. The
Appellants request that the height be reduced in order for the residence to remain
compatible with the height of previously-approved two-story residences in the area
including those at 5329 and 5345 Bayridge Road. In addition, the Appellants
request that the building pad of the project site be lowered, so as address bulk and
mass concerns and to remain compatible with the sloping topography along
Bayridge Road.
The Appellants' request is unwarranted as the Applicant, as part of the Planning
Commission's review of the project, reduced the overall height of the initially
proposed residence by approximately 2', reduced the structure size by 744ft2 and
provided increased setbacks from the upper and lower floors, so as to address
neighborhood compatibility concerns of bulk and mass. Furthermore, requiring the
Applicant to grade the building pad of the project site down in order to reduce the
height of the Planning Commission-approved residence would constitute excessive
grading, as a completed view analysis determined that the height of the Planning
Commission-approved residence does not significantly impair a view from a
neighboring property.
As part of the Appeal hearing, on October 1, 2019, the City Council required that the
highest roof ridgeline be reduced by 1 foot, so as to further address neighborhood
compatibility concerns. As approved the two-story residence will be 20.92' high, as
Resolution No.2019-45
Page 3 of 6
measured from highest elevation of the existing grade covered by the structure
(elev. 675.50') to the highest proposed roof ridgeline (elev. 696.42'); and an overall
height of 21.42' as measured from lowest finished grade adjacent to the structure
(elev. 675.00') to the highest proposed roof ridgeline (elev. 696.42').
Section 5: A Height Variation Permit is warranted for the construction of a two-story
residence exceeding the 16'/20' by-right height limitation, based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures established by the City Council by obtaining 70% of the
signatures from properties within 100' of the subject site and 36% of the signatures
from properties within 500' of the site. The Applicant also provided documentation
demonstrating that the local Lower Grandview Homeowners Association was notified
and no response was received.
B. The proposed residence that is above 16' in height does not significantly impair a
view from public property, which has been identified in the City's General Plan,
Coastal Specific Plan, or a public trail as defined in the Trails Network Plan. Due to
the location of the property and the topography of the immediate area, the proposed
residence will not be visible from a public viewing area or viewing site.
C. The proposed residence is not located on a ridge or promontory. The proposed
residence is located on an existing building pad and 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 the proposed residence that is above 16' in height, as defined in Section
17.20.040(B) of the Rancho Palos Verdes Municipal Code, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing area
of another parcel. Views of the distant mountains (San Gabriel), Los Angeles Basin,
Queen's Necklace, and city lights are observed from the properties in the immediate
neighborhood in a northerly direction. The views from the properties located south of
the subject site above 16' in height are limited to the sky, which is not considered a
protected view. There is one property south of the project site at 5348 Bayridge Road
that contains a small portion of the mountain-view along the right periphery of the
view frame above 16' in height. Given the minimal impairment and the location of the
view at the right periphery between existing trees, this is not considered a significant
view impact. The properties located to the east and west are at the same elevation
as the subject site and have a view of city lights in a northerly direction, which is not
across or over the subject site. The properties to the north are at or near the same
elevation as that of the project site and do not have views across the subject site.
E. The proposed residence that is above 16' is designed and situated in such a manner
as to reasonably minimize the impairment of view. Staff analysis determined that the
view impairment caused by the proposed residence above 16' in height to 5348
Bayridge Road is considered not significant. The proposed residence includes
adequate articulation between the lower and upper floors that allows enhanced open
Resolution No.2019-45
Page 4 of 6
space to reasonably minimize view impairment.
F. There is no significant cumulative view impairment caused by granting the
application. Similar construction on the properties at 5345, 5337, 5329 and 5319
Bayridge Road would only impair the view of the sky, which is not considered a
protected view.
G. The proposed residence complies with all other Code requirements including, but not
limited to, the minimum required setbacks, number of parking, and maximum allowed
lot coverage.
H. The proposed residence is compatible with the immediate neighborhood character in
terms of structure size, bulk and mass, height, architectural style, and lot coverage.
The proposed residence will be 4,560ft2 in size, which is compatible to recently
constructed two-story residences located at 5329 and 5345 Bayridge Road. The
varied façade setbacks between the upper and lower floors breaks up the apparent
vertical mass and provides enhanced façade articulation along the facades. The
proposed 21.42' height of the residence is compatible to the height of existing two-
story residences in the area. The proposed residence incorporates architectural and
design elements consistent with the neighboring properties including a low-pitched
gable roof with clay tile roofing and exterior stucco finish. The proposed lot coverage
of 43.9% which is compatible with the neighborhood that varies based on the
topography and layout of existing improvements.
I. The portion of the proposed residence that is above 16' in height does not result in
an unreasonable infringement of privacy of the occupants of abutting residences. The
proposed covered balcony at the front of the residence will face a public street (i.e.
Bayridge Road), where there is no expectation of privacy. The two decks located at
the rear of the residence incorporate opaque side panels at the east and west ends
to minimize potential privacy impacts to the abutting properties at 5319 and 5329
Bayridge Road. No second story windows are proposed along the west façade
closest to the abutting property, and obscured or opaque windows are proposed for
most second-story windows along the east façade to further minimize privacy impacts
to the neighboring property at 5319 Bayridge Road.
Section 6: A Site Plan Review is warranted for the proposed ancillary
improvements to the residence and yard area, including decks, mechanical equipment, and
driveway and hardscape remodeling. The proposed ancillary improvements comply with all
applicable code requirements, including but not limited to, setbacks, parking, and maximum
lot coverage standards in the RS-5 zoning district.
Section 7: Pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the proposed project has been found to be categorically exempt under Class 3
(Section 15303(a)).
Resolution No. 2019-45
Page 5 of 6
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other record of proceedings, the City Council of
the City of Rancho Palos Verdes hereby upholds the Planning Commission-approved Height
Variation and Site Plan Review applications to allow the demolition of an existing single-
story residence to accommodate the construction of a 4,560ft2 (garage included) two-story
residence with ancillary site improvements with modifications to Condition No. 18 and 22 of
the Conditions of Approval on the property at 5325 Bayridge Road and as identified in the
attached Exhibit "A".
Section 9: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
Section 10: 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/or Section 21167 of the California Public Resources Code
PASSED, APPROVED and ADOPTED this 1st day of October 2019.
A itti
J= ► Duh.v', ayor
ATTEST:
Emily Colborn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 2019-45, was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on October 1, 2019.
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Resolution No.2019-45
Page 6 of 6
RESOLUTION NO. 2019-45
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2016-00358
(HEIGHT VARIATION AND SITE PLAN REVIEW)
5325 BAYRI DG E ROAD
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and 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 the written statement within 90 days 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 RPVMC, 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.
Resolution No. 2019-45
Exhibit A
Page 1 of 6
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 RPVMC, 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 RPVMC and may result in administrative
citations as described in Section 1.16 of the RPVMC.
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 RPVMC 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 of Community
Development.
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: debris, garbage, lumber, scrap metal, concrete
asphalt, piles of earth, salvage materials, abandoned or discarded furniture,
appliances or other household fixtures.
13. 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.
Resolution No. 2019-45
Exhibit A
Page 2 of 6
14. Permitted hours and days for construction activity are 7:00 a.m. to 6:00 p.m.,
Monday through Friday, 9:00 a.m. to 5:00 p.m. on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the project site or in the adjoining street rights-of-way before 7:00 a.m. Monday
through Friday and before 9:00 a.m. 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 so
as to maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
15. 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 RPVMC. Unless required to protect against
a safety hazard, temporary construction fencing shall not be erected sooner than
15 days prior to commencement of construction.
16. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/ or watering.
Project Specific Conditions
17. This approval allows for the following:
A. Demolition of the existing 1,717ft2 single-story residence;
B. Construction of a 4,091ft2 two-story single-family residence with a 469ft2
attached 2-car garage area for a total structure size of 4,560ft2;
C. Construction of two second-story decks totaling 128ft2 in size along the rear
of the residence, with verandas located underneath the deck areas;
D. Construction of a 58ft2 covered balcony at the east end of the front façade;
E. Reconfiguration of the existing indirect-access driveway to a direct-access
driveway with a larger driveway approach;
F. Construction of a 42" high front yard fence along the property line; and,
G. Installation of air conditioning equipment within a recessed area of the east
facade.
18. The height of the approved project shall be as depicted on the stamped APPROVED
plans and in no case shall the maximum height extend above a height of 20.92',
as measured from highest elevation of the existing grade covered by the structure
(elev. 675.50') to the highest proposed roof ridgeline (elev. 696.42'); and an overall
height of 21.42' as measured from lowest finished grade adjacent to the structure
(elev. 675.00') to the highest proposed roof ridgeline (elev. 696.42').
Resolution No. 2019-45
Exhibit A
Page 3 of 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.
19. The approved residence shall maintain a 21'-8"front yard setback, a 5'-0"east side
yard setback, 5'-0" west side yard setback and a 49'-11" rear yard setback.
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
20. 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. The chimney on the west side elevation shall be removed from the
project plans prior to submittal to Building and Safety.
21. The bathroom and laundry room windows located on the second-story of the
residence along the east facing façade shall incorporate obscure or opaque glass.
22. The Property Owner shall be responsible for maintaining a minimum 6' high
translucent privacy side panels for each of the second-story decks located along
the north elevation of the proposed residence.
23. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 43.9% lot coverage.
24. Driveways, paved walkways and parking areas shall not cover more than 50% of
the required 20' front setback area. Any pervious or semi-pervious surface which
is part of or within a driveway or parking area shall not be considered to be
landscaping.
25. A minimum 2-car garage 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'-0" in width and 20'-0" in depth, with a minimum 7'-0" vertical
clearance. An unenclosed parking space shall have an unobstructed ground space
of no less than 9' in width by 20'-0" in depth.
26. A driveway shall be a minimum width of 10'.
27. 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.
Resolution No. 2019-45
Exhibit A
Page 4 of 6
28. All grading, landscaping, and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
29. The Applicant shall remove the project silhouette within 7 days after a final decision
has been rendered and the City's appeal process has been exhausted.
30. 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.
Prior to Building Permit Issuance
31. 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.
32. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's geologist.
33. A drainage plan shall be reviewed and approved by the Public Works Department.
34. The Applicant shall obtain a permit from the Public Works Department and/or the
Community Development Department for proposed work within the public right-of-
way.
35. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth
hauling permit shall be approved by the Public Works Department.
Prior to Certificate of Occupancy
36. The Applicant shall submit complete Landscape Plans and associated Trust
Deposit to the Planning Division for review and approval by the Director of
Community Development. The final approved landscaping shall be installed prior
to issuance of a Certificate of Occupancy for the residence. The landscape plans
may be required to comply with the State of California Water Efficient Landscape
requirements, as determined by the City's Landscape Architect.
Upon completion of the installation of the landscaped areas or altered landscaped
area subject to Section 15.34.100, the project Applicant shall submit a certificate
of completion, in the form provided by the city, for review and approval by the
Director of Community Development. The certificate of completion shall be
executed by either the licensed landscaped architect, licensed landscape
contractor or the certified irrigation designer that signed any of the documents
submitted as part of the landscape documentation package.
Resolution No. 2019-45
Exhibit A
Page 5 of 6
37. 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.
Resolution No. 2019-45
Exhibit A
Page 6 of 6