PC RES 2020-009 P.C. RESOLUTION NO. 2020-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A SITE PLAN REVIEW, VARIANCE, COASTAL PERMIT, AND
MINOR GRADING PERMIT TO CONSTRUCT A 727FT2 ADDITION
TO AN EXISTING, 1,476FT2 SPLIT-LEVEL RESIDENCE
CONSISTING OF A 690FT2 ADDITION TO THE LOWER LEVEL
AND A 37FT2 ADDITION TO THE UPPER LEVEL FOR A TOTAL
STRUCTURE SIZE OF 2,203FT2 (GARAGE INCLUDED) AND
ANCILLARY SITE IMPROVEMENTS WITH 44YD3 OF
ASSOCIATED GRADING AT 104 SPINDRIFT DRIVE (CASE NO.
PLSR2019-0282).
WHEREAS, on June 27, 2019, the Director of Community Development
conditionally approved a Landslide Moratorium Exception Permit (PLME2OI9-0002),
pursuant to Rancho Palos Verdes Municipal Code (RPVMC) §15.20.040(H) for the
property located at 104 Spindrift Drive, owned by Ann Lineberger, thereby allowing the
Applicant (Alberto Juarez) to proceed with the filing of the appropriate planning
applications for the construction of additions and ancillary site improvements to the
existing split-level residence; and
WHEREAS, on August 14, 2019, the Applicant submitted Site Plan Review,
Variance, Coastal Permit, and Minor Grading Permit applications to the Community
Development Department, requesting approval to construct additions and ancillary site
improvements with associated grading to accommodate the improvements; and
WHEREAS, on September 12, 2019, Staff completed the 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, and on June 4, 2020, Staff deemed the application complete for processing;
and
WHEREAS, on June 18, 2020, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners within a 500' radius of the project site
and the California Coastal Commission, providing a 15-day time period for the submittal of
comments; and
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 CEQA Guidelines. Specifically, the project involves the
construction of a negligible expansion to an existing residence; and
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WHEREAS, the Planning Commission held a public hearing on July 14, 2020, 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 above recitals are true and correct, and are incorporated herein
by reference.
Section 2: The project involves the construction of a 727ft2 addition to an existing
1,476ft2 split-level residence, consisting of a 275ft2 addition to the lower level and a new
415ft2 two-car garage as well as a 37ft2 after-the-fact addition on the upper level, resulting
in a new total structure size of 2,203ft2 (garage included) and ancillary site improvements
with 44yd3 of associated grading at 104 Spindrift Drive. The property is owned by Anne
Lineberger. The Applicant is Alberto Juarez.
Section 3: The Site Plan Review is approved for the proposed 727ft2 of additions
and ancillary site improvements, which include planters and stairs in the front yard, a
combination wall up to 8' in height along the rear yard, and replacement of existing stairs
along the south side yard, as these plans comply with all applicable Zoning Code
requirements for the RS-2 zoning district. In addition, the plans for additions to the
residence are compatible with the character of the immediate neighborhood in terms of the
scale, architectural style, and setbacks. As designed, the project will match the stucco
finish with no new architectural elements introduced as it mostly involves enclosing the
first floor covered area. Furthermore, there will be no apparent bulk or mass resulting from
the proposed additions, as undulated front setbacks will be created and the existing
balcony along the front façade acts as a visual break. Lastly, no changes are will be made
the number of stories, structure height, roof design, and building materials.
Section 4: The Variance is approved for the reduced nonconforming front yard
setback from 17.73' to 6.66', the addition (proposed 727ft2) over 250ft2 within the Coastal
Setback Zone, and grading (proposed 44yd3) over 20yd3 within the Coastal Setback Zone
based on the findings required by RPVMC §17.64.050, i.e., extraordinary circumstances of
the property, preservation and enjoyment of a substantial property right of the Applicant,
no materially detrimental impacts to public welfare or injurious to property and
improvements in the area, and consistent with the City's General Plan and Costal Specific
Plan. Specifically, the project site was created and improved prior to City incorporation
with a nonconforming lot size (3,151ft2) that is substantially smaller than the required
minimum lot size (20,000ft2) for RS-2 zoning districts. As a result, most homes in the
vicinity have nonconforming setbacks. In addition, the project site is located entirely within
the Costal Setback Zone where any addition or improvements cannot be built outside of
the Coastal Setback Zone, unless a Variance is granted to expand the residence closer in
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size to those typically found in RS-2 zoning districts. Furthermore, the project site contains
sloping topographical features that require grading to expand homes or limited private
outdoor area as evidenced in several other split-level residences in the neighborhood.
Section 5: The Coastal Permit for the project in the City's Coastal Zone is
approved based on the following findings:
A. The development is consistent with Subregion 6 of the Coastal Specific Plan.
Specifically, the project will replicate the existing character and homogeneity found
within the Portuguese Bend Club neighborhood by maintaining the same exterior
elements. Furthermore, the project site is currently developed as a single-family
residence and the site is not located in an area dedicated for public access.
B. The development, located between the sea and the first public road, is consistent
with applicable public access and recreation policies of the Coastal Act. The
Applicant is not proposing to develop within the private road or outside of the
property and hence, the project will not affect any paths, trails, easements or public
right-of-ways, identified as access corridors (C-6 & C-7) within the Coastal Specific
Plan.
Section 6: The Minor Grading Permit is approved for the 44yd3 of associated
grading (25yd3 of cut and 19yd3 of fill with 3yd3 of cut considered as shrinkage to achieve
balanced grading on-site, with a maximum depth of cut and fill of 3' and 4", respectively) to
accommodate a larger usable rear yard area with a new combination wall up to 8' in height
(5' tall retaining wall with a 3' tall fence above) and 2' tall planters in the front yard, as the
proposed grading complies with the grading criteria set forth in RPVMC §17.76.040(E)
including, but not limited to, no visual impacts and no grading on an extreme slope.
Section 7: 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, July 29, 2020. The City Council's decision is final. 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, July 29, 2020.
Section 8: Any challenge to a final decision by the City Council on the
entitlements and the findings set forth herein 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-
P.C. Resolution No 2020-09
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of a 690ft2 addition to the lower level and a 37ft2 addition to the upper level for a total
structure size of 2,203ft2 (garage included) and ancillary site improvements with 44yd3 of
associated grading, subject to the conditions of approval contained in the attached Exhibit
PASSED, APPROVED AND ADOPTED this 14' day of July 2020, by the following
vote:
AYES: COMMISSIONERS C H U RA, HA.MI LLT JAMES, SAADATNEJADI, SANTAROSA,
VICE-CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
Gordo Leon
Chaff retain
/ / -
Ken Rukavina
Director of Community Development
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLSR2019-0282
(SITE PLAN REVIEW, VARIANCE, COASTAL PERMIT,
AND MINOR GRADING PERMIT)
104 SPINDRIFT DRIVE
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 one year 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. 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.
20. 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.
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Project Specific Conditions:
21. This approval is for the following entitlements:
A. Construct a 727ft2 addition to an existing 1,476ft2 split-level residence,
consisting of a 275ft2 addition to the lower level and a new 415ft2 two-car
garage as well as a 37ft2 after-the-fact addition on the upper level, resulting
in a new total structure size of 2,203ft2 (garage included);
B. Construct ancillary site improvements including 2' tall planters and entry
stairs in the front yard, a combination wall up to 8' in height along the rear
yard, and replacement of existing stairs along the south side yard; and,
C. Conduct 44yd3 of total grading, consisting of 25yd3 of cut and 19yd3 of fill
with a maximum cut and fill of 3' and 4", respectively.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
22. The overall height of the proposed residence will remain the same as no
modifications are proposed to the roof and the after-the-fact second story addition
has been constructed below the existing highest roof ridgeline elevation (elev.
111.20').
23. The approved residence shall maintain a 6.66' front, 4.42' north side, 5' south side
and 16.6' rear yard setbacks. SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer PRIOR TO POURING
FOUNDATIONS.
24. Unless modified by the approval of future planning applications, the approved
project shall maintain the nonconforming 56.1% lot coverage.
25. 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.
Landslide Moratorium Exception Conditions
26. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, if lot drainage
deficiencies are identified by the Director of Public Works, all such deficiencies shall
be corrected by the Applicant.
27. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, roof runoff from
all buildings and structures on the site shall be contained and directed to the streets
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or an approved drainage course as deemed acceptable by the City's Engineer.
28. Pursuant to Condition No. 2, a hold harmless agreement satisfactory to the City
Attorney promising to defend, indemnify and hold the City harmless from any claims
or damages resulting from the requested project. Such agreement shall be
submitted to the Director PRIOR TO THE ISSUANCE OF ANY BUILDING OR
GRADING PERMIT.
29. PRIOR TO ANY BUILDING OR GRADING PERMIT ISSUANCE, the Applicant
shall submit for recordation a covenant agreeing to construct the project strictly in
accordance with the approved plans; and agreeing to prohibit further projects on the
subject site without first filing an application with the Director pursuant to the terms
of RPVMC §15.20.
30. All landscaping irrigation systems shall be part of a water management system
approved the Director of Public Works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
31. The sewer lateral that serves the property shall be inspected to verify that there
are no cracks, breaks or leaks and, if such deficiencies are present, the sewer
lateral shall be repaired or reconstructed to eliminate them, prior to the issuance
of any building or grading permit for the project that is being approved pursuant to
the issuance of this Landslide Moratorium Exception permit.
32. The property owner shall be responsible for the installation and maintenance of
their sanitary sewer system including their sanitary sewage lateral, any sanitary
sewage lifting systems and the electricity required to power the system, and all
underground pipes associated with their sanitary sewage system under and
adjacent to their development, and the associated fixtures within the property.
33. All other necessary permits and approvals required pursuant to this Code or any
other applicable statute, law or ordinance shall be obtained.
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