PC RES 2023-005 P.C. RESOLUTION NO. 2023-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING A VARIANCE,
MAJOR GRADING PERMIT, AND SITE PLAN REVIEW TO
CONSTRUCT A NEW 5,211 FT2 (GARAGE INCLUDED) SPLIT-
STORY RESIDENCE MEASURING UP TO 34.33 IN HEIGHT WITH
ANCILLARY SITE IMPROVEMENTS AND 321 YD3 OF
ASSOCIATED GRADING ON A VACANT LOT (CASE NO.
PLGR2021-0009).
WHEREAS, on May 24, 2021, Pacific Design & Development Group Inc, on behalf
of property owner Kenny Liang (collectively, "Applicant") submitted Height Variation Permit,
Major Grading Permit, Variance, and Site Plan Review applications, requesting approval to
construct a new 5,431 ft2 split-story residence measuring 36.33 feet in height and ancillary
site improvements with 478 yd3 of associated grading on a vacant lot located at 30103
Matisse Drive, in the City of Rancho Palos Verdes.
WHEREAS, on October 25, 2022, the Planning Commission conducted a public
hearing on the proposed project and considered public testimony. The Planning
Commission continued the public hearing to a date uncertain to allow the Applicant the
opportunity to consider project revisions.
WHEREAS, on December 16, 2022, the Applicant submitted revised project plans,
which included modifications to the project design including a reduction in the building
height, structure size, balcony areas, ancillary site improvements and associated grading.
WHEREAS, on March 2, 2023, a public notice was published in the Daily Breeze,
and mailed to all property owners within a 500-foot radius of the project site.
WHEREAS, on April 25, 2023, the Planning Commission held a public hearing
regarding the project and approved the requested applications, on a 4 to 2 vote, with
Commissioner Saadatnejadi and Vice Chair Chura voting 'no' and Commissioner
Santarosa absent. The approval included modifications to reduce the size of the second-
floor balcony by 2 feet in depth.
WHEREAS, on May 9, 2023, P.C. Resolution No. 2023-05, which includes updates
to the size of the second-floor balcony, was presented to the Planning Commission for
adoption.
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
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15303(a) (new construction) of the CEQA Guidelines: the project involves the construction
of a new single-family residence in the RS-2 zoning district, which is a residential zone.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are correct, and are incorporated herein by
reference
Section 2: The proposed project involves the construction of a new 5,211 ft2 split-
story residence measuring 34.33 feet in height and ancillary site improvements with 321
yd3 of associated grading on a vacant lot.
Section 3: The Planning Commission finds that the Variance for the construction of
a new 5,211 ft2 split-story residence, which exceeds the 16 foot/30 foot by-right height limit
is warranted because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, the strict application of the zoning ordinance
deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning classification. The Variance will not be materially detrimental to the public
welfare or injurious to property and improvements in the area and is consistent with the
City's General Plan and Costal Specific Plan. Specifically, average slope steepness of the
existing topography is 36.2% where the grading code requires notching a portion of the
residence into the existing slope. In addition, project design and associated building height
is necessary for the preservation and enjoyment of the property, as the neighboring lots
with similar topographic constraints are built at similar heights. The project site is not
located in the Coastal Specific Plan and is not contrary to the objectives of the City's
General Plan and policies. Furthermore, the project design and associated building height
will not be materially detrimental to the public welfare or injurious to property and
improvements because of established compliance with Building Codes and related
inspections as well as a comprehensive geological review and consistency with the
following:
A. The Applicant has complied with the required early neighborhood
consultation by obtaining 8 signatures (70%) from properties within 100 feet
and 26 signatures (40%) from properties within 500 feet of the project site.
B. The proposed additions do 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. Due to the
location of the property and the topography in the immediate area that
slopes seaward from east to west, the proposed residence will not
significantly impair a view from a public viewing area or viewing sites, as
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defined by the General Plan. Additionally, the property is not located within
the City's Coastal Zone or other specific plans.
C. The project is located on an existing building pad, similar to other lots within
the vicinity and is not located either on a ridge nor on a prominent mass of
land that overlooks or projects onto a lowland or body of water on two
sides.
D. The proposed residence will not result in a significant view impairment as
observed from another property as properties to the west and east of the
project site are located at an elevation 50 feet lower and 30 feet higher than
the project site, respectively. Based on an assessment from the
neighboring property to the south of the project site at 30111 Matisse Drive,
a portion of the queen's necklace and Santa Monica Mountains will be
impaired by the 16 foot/30 foot `by-right' building height envelope of the
project site residence, where the City's View Ordinance is not triggered.
The 16 foot/30 foot `by-right' building height envelope of the project site
residence will also partially impair a view of Catalina Island, as observed
from the neighboring property to the north of the project site at 30057
Matisse Drive; however the City's View Ordinance is not triggered.
Furthermore, the location of the second-floor balcony is below the base of
Catalina Island and the glass design of the balcony provides for continued
view of the ocean in the area.
E. There will be no significant view impairment by portions of the structure
which exceed the by-right height as seen from the viewing area of another
parcel as the protected views will be impaired from the by-right height
envelope. Additionally, the adjacent properties surrounding the project site
are currently improved with split-story residences where no further view
impairment can be created from these properties.
F. The structure complies with all other Code requirements, including, but not
limited to the minimum required setbacks, height, and parking.
G. The residence is compatible with the character of the immediate
neighborhood in terms of the square footage, scale, architectural style, and
setbacks. The proposed residence will be the fifth largest in the immediate
area and not appear out of scale due to various articulations along the
façades, which will create visual interest. The undulated setbacks along the
front and side façades, inclusion of balconies along the rear façade, and
multiple hip roof valleys will help soften the appearance of bulk and mass.
The design of the homes within the immediate neighborhood include
smooth stucco or wood siding with wooden trim accents and a mixture of
pitched and flat roof designs with shingle, concrete, or tile roof materials.
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The project site residence will include similar materials and design features
including smooth stucco with stone accents and a hip roof design. The
proposed residence will also meet or exceed the required minimum
setbacks to allow air, light and privacy between structures.
H. The proposed new structure does not result in an unreasonable
infringement of the privacy of the occupants of abutting residences because
the proposed balconies will be located approximately 70 feet in distance to
shared rear property lines with homes along Cartier Drive. In addition, the
project site is also improved with mature landscaping along rear property
lines that obstruct direct line of sight from the project site.
Section 4: The Planning Commission finds that the Major Grading Permit for the
321 yd3 of associated grading (consisting of 183 yd3 of cut and 138 yd3 of fill with 45 yd3 of
export) to accommodate the proposed residence and 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 primary use of the lot is residential as identified in
the City's General Plan and Zoning map. The grading is to notch the new
residence into the existing grade to construct a split-level home and to avoid
any potential significant view impacts to neighboring properties, as well as to
reduce the visual appearance of the structure as observed from Matisse
Drive.
B. The proposed project grading will not significantly adversely affect the visual
relationships or views as observed from neighboring properties. The
proposed grading results in a lower finished grade by notching the new
residence into the existing down-sloping lot to accommodate a split-story
structure rather than a conventional two-story structure on a pad lot
developed through excessive fill. As further detailed in FindingNo. D of the
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Variance section of this resolution, the proposed grading and related
construction will have no significant adverse impacts to views as the
impairments will be caused by the 16 feet/30 feet by-right height building
envelope.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. Specifically, the grading of the
project site is limited to the immediate area of the proposed residence and
access driveway with the remaining contours throughout the property
maintained.
D. The grading takes into account the preservation of natural topographic
features and appearances by means of land sculpturing so as to blend any
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man-made or manufactured slope into the natural topography. The inclusion
of terraced planters with landscaping at the rear of the proposed residence to
create a seamless transition from the proposed residence into the down-
sloping lot have taken into account the preservation of natural topographical
features and appearances by means of land sculpturing.
E. As further detailed in Finding No. G of the Variance section of this resolution,
the construction related to the grading is compatible with the character of the
defined immediate neighborhood.
F. The required finding that, in new residential tracts, the grading includes
provisions for the preservation and introduction of plant materials so as to
protect slopes from soil erosion and slippage and to minimize the visual
effects of grading and construction on hillside areas, is not applicable to the
proposed project.
G. The grading utilizes street designs and improvements which serve to
minimize grading alternatives and harmonize with the natural contours and
character of the hillside because no modifications are proposed to streets or
other public infrastructure.
H. The grading would not cause excessive and unnecessary disturbance of the
natural landscape or wildlife habitat through removal of vegetation because
there is no natural landscape or wildlife habitat in the proposed grading area.
I. The gradingconforms to gradingstandards related to gradingon slopes over
35% steepness, maximum finished slopes and driveways. Proposed grading
activities that exceed established grading standards but are warranted
include exceeding a maximum depth of 5 feet (proposed 12 feet), grading on
slopes over 50% steepness and retaining walls exceeding 3.5 feet in height.
Such grading activities are warranted to accommodate the project residence
into the down-sloping lot and provide for ancillary improvements in support of
the residence including retaining walls for terraced planters and a trash
enclosure. The proposed grading activities in excess of the grading
standards will not be detrimental to public safety or other property as the
project will be engineered and reviewed by the Building & Safety Division, as
well as the City Geologist.
J. Notice of such decision shall be given to the applicant and to all owners of
property adjacent to the subject property. Notice of denial shall be given to
only the applicant. Any interested person may appeal the Planning
Commission's decision to the City Council pursuant to Chapter 17.80
(Hearing Notice and Appeal Procedures) of Title 17 (Zoning). Public
notification of all adjacent property owners is required for Planning
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Commission-level approval of a major grading application whenever it is
necessary to make the exception findings under RPVMC Section
17.76.040(E)(10). Therefore, public notification of the approval of this
application would be provided to the applicant, property owner, and the
owners of the adjacent properties and all other interested parties.
Section 5: The Planning Commission hereby approves the Site Plan Review for the
ancillary site improvements including a 1,040 ft2 partially covered deck and patio area on
the basement level of the proposed residence, a new trash enclosure, air conditioning
units, tankless water heaters, retaining walls up to 7.5 feet in height, stairways, and a
driveway approach comply with all applicable Code requirements for the RS-2 zoning
district, including, but not limited to, minimum required setbacks, parking, and maximum
allowable lot coverage.
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
Thursday, May 25, 2023. A $3,100.00 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
Thursday, May 25, 2023.
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 §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.
2023-05, APPROVING A VARIANCE, MAJOR GRADING PERMIT AND SITE PLAN
REVIEW TO CONSTRUCT A NEW 5,211 FT2 (GARAGE INCLUDED) SPLIT-STORY
RESIDENCE MEASURING UP TO 34.33 IN HEIGHT WITH ANCILLARY SITE
IMPROVEMENTS AND 321 YD3 OF ASSOCIATED GRADING ON A VACANT LOT
(CASE NO. PLGR2021-0009), subject to the Conditions of Approval contained in the
attached Exhibit "A".
P.C. Resolution No. 2023-05
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PASSED, APPROVED AND ADOPTED this 9th day of May, 2023, by the following
vote:
AYES: COMMISSIONERS BRACH, NELSON, NULMAN AND PERESTAM
NOES: COMMISSIONER SAADATNEJADI AND VICE CHAIR CHURA
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SANTAROSA
A‘Chura
Vice Chair
Octavio Silva
Interim Director of Community Development/
Planning Commission Secretary
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLGR2021-0009
(VARIANCE, MAJOR GRADING PERMIT,
AND SITE PLAN REVIEW)
30103 MATISSE 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. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
17. 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:
18. This approval shall allow for the following:
• Construction of a new 4,405 ft2 split-story residence with a 201 ft2 basement and
a 605 ft2 attached garage, resulting in a total structure size of 5,211 ft2;
• Construction of a partially covered 682 ft2 balcony on the first floor, and a 406 ft2
balcony on the upper level of the rear façade of the proposed residence;
• Construction of ancillary site improvements including a 1 ,040 ft2 partially
covered deck and patio area on the basement level of the proposed residence,
a new trash enclosure, air conditioning units, tankless water heaters, retaining
walls up to 7.5 feet in height, stairways, and a driveway approach;
• Conduct 321 yd3 of grading (consisting of 183 yd3 of cut and 138 yd3 of fill with
45 yd3 of export) to accommodate the proposed improvements.
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BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer prior to the framing inspection.
19. The approved height of the residence shall not exceed 11.58 feet, as measured
from the average elevation of the setback line abutting the street access (elev.
96.75 feet) to the highest proposed roof ridgeline (elev. 108.33 feet); and an overall
height of 34.33 feet, as measured from the lowest finished grade adjacent to the
structure (elev. 74.00 feet) to the highest proposed roof ridgeline (elev. 108.33 feet).
BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to roof sheathing inspection.
20. The proposed residence shall maintain setbacks as follows:
Front 10 feet
Interior Side (north) 6 feet— 1 inch
Interior Side (south) 5 feet - 2 inches
Rear 77 feet - 4 inches
BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
21. Roof eaves shall not project into the required setback more than 6 inches for each
foot of the required setback, provided that there are no vertical supports within the
required setback areas.
22. Unless modified by the approval of future planning applications, the approved
project shall maintain the maximum allowed lot coverage of 40%.
23. Driveways, paved walkways and parking areas shall not cover more than 50% of
the required 20-foot 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.
24. The project site shall maintain a minimum of two-enclosed parking spaces. An
enclosed parking space shall have an unobstructed ground space of no less than 9
feet in width and 20 feet in depth, with a minimum 7-foot vertical clearance. An
unenclosed parking space shall have an unobstructed ground space of no less than
9 feet in width by 20 feet in depth.
25. 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. 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
26 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
27. Any outdoor furnishings, accessories or plants located on balcony and deck areas
which exceed the height limits established in RPVMC §17.02.040, shall not
significantly impair a view from surrounding properties.
28 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
PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE
29. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, all
applicable soils/geotechnical reports, if required by the Building and Safety Division,
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shall be approved by the City's Geologist
30. PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, a drainage
plan shall be reviewed and approved by the Public Works Department.
31 PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, an earth
hauling permit shall be approved by the Public Works Department.
32 PRIOR TO ISSUANCE OF BUILDING AND/OR GRADING PERMITS, the
Applicant shall submit complete Landscape Plans to the Planning Division for
review and approval by the Community Development Director ensuring that the
graded slopes are landscaped and retaining walls screened with landscaping The
Landscape Plan shall call-out existing and proposed foliage and shall notate the
common species name and the expected height at maturity Said plans shall call
out the maintenance of existing project site foliage (Cypress trees) at their existing
conditions along the rear yard of the project site. The final approved landscaping
shall be installed prior to the issuance of a Certificate of Occupancy for the
residence Said plans may be required to comply with State of California Water
Efficient Landscape requirements
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