PC RES 2020-002 P.C. RESOLUTION NO. 2020-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION, SITE PLAN REVIEW, EXTREME SLOPE
PERMIT, AND MINOR GRADING PERMIT FOR THE DEMOLITION
OF AN EXISTING SINGLE-STORY RESIDENCE TO
ACCOMMODATE THE CONSTRUCTION OF A NEW 4,513FT2
TWO-STORY RESIDENCE MEASURING 23.33' IN HEIGHT AND
ANCILLARY SITE IMPROVEMENTS WITH 43YD3 OF
ASSOCIATED GRADING AT 30815 RUE VALOIS (CASE NO.
PLHV2019-0003).
WHEREAS, on April 8, 2019, the Applicant submitted Height Variation, Site Plan
Review, Extreme Slope Permit, and Minor Grading Permit applications to the Community
Development Department requesting approval to demolish an existing single-story
residence to accommodate the construction of a new,,two-story residence with ancillary
site improvements.
WHEREAS, on May 7, 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 modification to the project silhouette to reflect the revised plans addressing
view concerns.
WHEREAS, on December 19, 2019, Staff deemed the application complete for
processing and a public notice was published in the Palos Verdes Peninsula News and
mailed to all property owners within a 500' radius from the subject property, providing a
30-day time period for the submittal of comments.
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 single-family dwelling) of the CEQA Guidelines. More
specifically, the project involves the demolition of an existing residence to accommodate
the construction of a new two-story residence in the RS-4 zoning district, which is a
residential zone.
WHEREAS, the Planning Commission held a public hearing on January 28, 2020 at
which time all interested parties were given an opportunity to be heard and present
evidence.
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NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the demolition of an existing 2,931ft2
single-story residence to accommodate the construction of a new 4,513ft2 two-story
residence measuring 23.33' in height with ancillary site improvements including an 873ft2
deck, a 204ft2 balcony, two 53ft2 roof decks, air conditioning units, an outdoor kitchen,
fencing, and a remodeled driveway with hardscape improvements.
Section 2: The Planning Commission finds that the Height Variation for the
construction of a new 4,513ft2 two-story residence measuring 23.33' in height which
exceeds 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 9 signatures (75%) from properties within
100' and 25 signatures (33%) from properties within 500' of the project site, and
there is no active Homeowners Association existing 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. There are no public viewing areas or viewing sites in
the immediate vicinity that looks over the project site and the property is not located
within the City's Coastal Zone or any other City specific plan.
C. The proposed residence is not located on a ridge or promontory, nor 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 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. The residences located in the vicinity observe a 'far view' in
a westerly direction, which consists of the ocean, Catalina Island, and the Santa
Monica mountains, and also have a 'near view' in the same westerly direction,
which consists of a portion of the Vincent Bluff Preserve (a subarea of the overall
Palos Verdes Nature Preserve).The abutting properties to the north and south of
the project site are situated parallel to each other and share the same view frame
with no views in the direction of, or over, the proposed project. Furthermore, the
properties located west and east of the project site are 50' lower and 50' higher in
elevation than that of the project site, respectively. Therefore, the project will have
no significant impacts to views.
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E. There is no significant cumulative view impairment caused by granting the Height
Variation since views in the neighborhood are observed in the westerly direction
where the upslope properties to the east are approximately 50' to 100' higher in
elevation than that of the adjacent properties to the west.
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 in terms of the scale, architectural style, and setbacks. The majority
of the existing neighborhood is comprised of residences that resemble California
Ranch style homes with elements found in other architectural styles. As designed,
the proposed project incorporates similar design features found within the
surrounding homes with a smooth stucco finish, stone accents, and a hip roof
design with shingles. In addition, the appearance of bulk and mass of the proposed
residence will be minimized by the varying design elements that provide articulation
such as the enhanced setbacks between the upper and lower levels, stone accents,
extended roof overhangs between the two levels of the residence, and varying low-
pitched roof planes. The proposed balcony and roof decks along the rear façade
will also serve as visual breaks to the façade. The proposed project is in close
proximity to other two-story residences with similar building heights, and will
continue to provide adequate light and air between properties by complying with the
required setbacks.
H. The proposed 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. Specifically, the properties to the west and east of the project site are
50' lower and 50' higher in elevation than that of the project site, respectively. The
rear yards of the adjacent properties to the north and south are currently visible
from the project site due to the close proximity of the lots, and views from the
proposed upper level windows, balcony and roof decks will be limited due to the
large covered patios in their rear yards.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary improvements, which include stacked air conditioning units along the
north side yard, an outdoor kitchen in the rear yard, fencing and gates up to 5' in height as
well as a courtyard in the front yard, and a remodeled driveway with hardscape
improvements are warranted as the improvements comply with all applicable Code
requirements for the RS-4 zoning district. In addition, the proposed balcony and roof decks
will not result in an infringement of privacy to neighboring properties as discussed in
Section 2(H) above.
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Section 4: The Planning Commission finds that the Extreme Slope Permit for the
proposed 873ft2 deck in the rear yard that cantilevers a maximum of 6' into the extreme
slope area is warranted based on the findings below:
A. The site cannot reasonably accommodate the structure except on an extreme slope
as most of the building pad area for the project site will be improved with a new two-
story residence and ancillary site improvements. The areas beyond the building pad
consists of an extreme slope, which further limits usable yard areas. Unless
excessive grading is conducted within the extreme slope to expand the building pad
area, the Applicant will be restricted to a relatively small flat portion at the rear of
the residence for any site improvements.
B. The permit will result in no significant adverse effect on neighboring properties.
Factors to be considered in making this finding shall include: view impairment,
visual impact, slope instability, increased runoff and other adverse impacts found to
be significant. The proposed deck will be located in the rear yard and therefore, will
not be visible from the upslope properties to the east of the project site and will
have a negligible impact on the downslope properties to the west. The abutting
properties to the north and south are located on similar building pad elevations and
observe panoramic views across their rear yards. As any visual impact of the
proposed deck will be at the periphery of their view frame, and due to the glass
railing proposed to allow views through the deck area, there will be no significant
view impairment caused by the proposed deck. In addition, geotechnical and
structural plan review will be required for approval by Building & Safety Division to
ensure that runoff and any other potential impacts will be addressed prior to
construction of the structure.
C. The structure will not result in an unreasonable infringement of the privacy of the
occupants of abutting residences. The proposed deck will be located at the rear of
the project site, which will either face the front of the residences along Rue Langlois
or the unimproved rear yard slope areas of the adjacent properties to the north and
south of the project site. Furthermore, the proposed deck will not afford the
Applicant any new view of the neighboring properties that is not already being
observed from the project site.
D. Any disturbance of the slope will be insignificant, as the proposed project will not
extend more than 6' into the extreme slope area, minimizing the overall disturbance
of the slope. The remaining slope beyond will be preserved in its current condition
E. The permit is consistent with the General Plan, Coastal Specific Plan or any other
applicable plan as the proposed deck will adequately serve the needs of the
property owner by allowing sufficient, functional, useable and safe rear yard space,
which is similar to what exists on other neighboring properties. Additionally, the
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project will not have an adverse impact to the visual character and physical quality
of the existing neighborhood, and is not located in the City's Coastal Zone.
Section 5: The Planning Commission finds that the Minor Grading Permit for the
43yd3 of associated grading (26yd3 cut and 17yd3 fill with 9yd3 of export) to accommodate
the proposed residence (26yd3 cut) and ancillary site improvements (17yd3 fill) with a
maximum depth of cut and fill of 1' each are warranted as the proposed grading complies
with the grading criteria set forth in RPVMC §17.76.040(E) including, but not limited to,
visual impacts and grading on an extreme slope.
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, February 12, 2020. 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, February 12, 2020.
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. 2020-
02, approving a Height Variation, Site Plan Review, Extreme Slope Permit, and Minor
Grading Permit for the demolition of an existing single-story residence to accommodate
the construction of a new 4,513ft2 two-story residence measuring 23.33' in height and
ancillary site improvements with 43yd3 of associated grading, subject to the Conditions of
Approval contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 28th day of January 2020, by the following
vote:
AYES: COMMISSIONERS JAMES, SANTAROSA, SAADATNEJADI, HAMILL,
CHURA, VICE-CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
P.C. Resolution No. 2020-02
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Gordon Leon
Chairman
40Ie:w - -
Ter 'o• u=
Interim D. - tor of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2019-0003
(HEIGHT VARIATION, SITE PLAN REVIEW, EXTREME SLOPE PERMIT AND
MINOR GRADING PERMIT)
30815 RUE VALOIS
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or 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 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.
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, 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
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and separate environmental review and public notification.
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 RPVMC §17.86.060 or administrative citations as described in RPVMC
§1.16.
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 RPVMC
§17.86.070 within 180 days of the final effective date of this Notice of 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 approval.
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. 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
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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.
14. 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 shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). 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. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
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 AM Monday through Friday and before 9:00 AM 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.
16. 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.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. 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.
19. 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.
Project Specific Conditions:
20. This approval shall allow for the following:
A. Demolition of an existing 2,931ft2 single-story residence;
B. Construction of a new 4,513ft2 (garage included) two-story residence;
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C. Construction of an 873ft2 rear deck, of which a portion will extend a maximum
of 6' beyond the top of an extreme slope;
D. Construction of ancillary site improvements, which include a 204ft2 balcony,
two 53ft2 roof decks, air condition units, an outdoor kitchen, fencing, and a
remodeled driveway with hardscape improvements; and
E. On-site grading, which consists of 43yd3 of associated grading (26yd3 cut and
17yd3 fill with 9yd3 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.
21. The height of the approved 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 23.33', as measured from the lowest finished grade
adjacent to the structure (elev. 102.00') to the highest roof ridgeline (elev. 125.33').
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.
22. The height of the approved deck shall be as depicted on the stamped approved
plans and in no case shall the maximum height extend above a height of 7.75', as
measured from the lowest grade elevation adjacent to the proposed structure (elev.
98.25') to the top of the railing (elev. 106').
23. The approved residence shall maintain a 20' front, 5' north side, 5' south side and
89.75' rear yard setbacks.
24. The approved deck shall maintain the setbacks depicted on the stamped approved
plans, but in no case shall minimum setbacks be less than the following: 6' north
side, 5' south side, and 78.75' rear.
25. Unless modified by the approval of future planning applications, the approved
project within the RS-4 zoning district shall maintain a maximum of 40.1% lot
coverage.
26. The project site shall maintain a minimum of two-enclosed parking spaces at all
times. 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.
27. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
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.
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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.
28. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
29. The approved A/C units 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.
30. The maintenance or operation of mechanical equipment, including but not limited to
AC units or pool filters, generating noise levels in excess of 65dBA as measured
from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
31. Any outdoor furnishings, accessories or plants located on the balcony and roof
decks 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.
32. Any outdoor furnishings, accessories or plants located on the balcony and roof
decks which exceed the height limits established in RPVMC §17.02.040, shall not
significantly impair a view from surrounding properties.
PRIOR TO BUILDING PERMIT ISSUANCE
33. PRIOR TO ISSUANCE OF BUILDING PERMITS all applicable soils/geotechnical
reports, if required by the Building and Safety Division, shall be approved by the
City's Geologist.
34. A drainage plan shall be reviewed and approved by the Public Works Department.
35. 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.
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.
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Upon completion of the installation of the landscaped areas or altered landscaped
area subject to RPVMC §115.34.100, 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.
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.
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