PC RES 2005-029 P.C. RESOLUTION NO. 2005-2
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVINGREVISION
TO CONDITIONAL U PERMIT NO. 2 (CASE NO. Z 20 4-
00 15), FOR PROPERTY L CAT T 2930 VISTA L MAR
WHEREAS, on July 12, 1977, the Planning Commission adopted P.C. Resolution
No. 77-13, approving Conditional Use Permit No. 23. This Conditional Use Permit
allowed the Residential Planned Development, which set forth the development
standards for the Seacliff Hills community; and,
WHEREAS, on April 8, 2003, the Planning Commission adopted P.C. Resolution
No. 2003-12, thereby approving a Revision to Conditional Use Permit No. 23 and a
Grading Permit (Case No. ZON2002-00368) for the subject property. This approval
allows the construction of a 7,204 square foot single-family residential dwelling unit, 561
cubic yards of grading, and a 7% deviation in the maximum allowable lot coverage
(allowable is 30%); and,
WHEREAS, on April 27, 2004, the applicant submitted an application for a
revision to Conditional Use Permit No. 23 and Grading Permit, requesting to increase
the grading and increase the lot coverage for the subject property. More specifically,
the request is to allow an additional 200 cubic yards of grading (from 561 cubic yards to
761 cubic yards) and increase the lot coverage by 13% (from 37% to 50%).
Additionally, the request is to allow a revision to the location and the slope of the
driveway and to provide a pad area to the rear of the residence. After the application
was deemed complete, staff was notified by the neighbors that the driveway had
already been constructed in the proposed location. As a result, staff issued a stop work
order for all construction relating to the driveway and rear yard grading; and,
WHEREAS, on August 10, 2004, after conducting a duly noticed public hearing,
the Planning Commission denied, with prejudice, a revision to Conditional Use Permit
No. 23 and a Grading Permit (Case No. ZON2004-00215). Denial of the application
meant that the applicant would have to re-construct the driveway in its originally
approved location. In accordance with the Municipal Code requirements, a Notice of
Decision for the denial was sent to all interested parties; and,
WHEREAS, after the applicant filed a timely appeal, the City Council conducted
public hearings on December 7, 2004 and February 1, 2005 to consider the requested
revision to Conditional Use Permit No. 23 and Grading Permit. At the conclusion of the
February 1, 2005 public hearing, after considering all oral and written testimony, the City
Council vacated the Planning Commission's denial and remanded the revision request
back to Planning Commission for consideration of a new proposed driveway that was
introduced in the City Council public hearing by the applicant; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA
P.C. Resolution No. 2005-29
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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), Staff found no evidence that revision to the Conditional
Use Permit or the Grading Permit would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt under
Class 3 (Section 15303); and,
WHEREAS, after notice issued pursuant to the requirements of the Ranchos
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 14, 2005, at which time all interested parties were given an opportunity
to be heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1:1: That the approved project includes the revised configuration of the
driveway.
Section : The revision to Conditional Use Permit No. 23 is warranted since
the site is adequate size and shape to accommodate the proposed use and for all the
yards, setbacks, walls, fences, landscaping, and other features required by the
Development Code or by conditions imposed to integrate said use with those on
adjacent land and within the neighborhood. Inasmuch as the reconfigured driveway will
meet the approved lot coverage and will not impact the rest of the project's ability to
meet yards, setbacks, walls, fences, landscaping, and other features required by the
Development Code; the lot is of sufficient size and shape to accommodate the use.
Section : The revision to Conditional Use Permit No. 23 is warranted since
the site for the proposed use relates to streets and highways sufficient to carry the type
and quantity of traffic generated by the subject use. The streets in the vicinity have
been designed and have sufficient capacity to accommodate traffic generated by the
development of a single-family residence on the project site.
Section : The revision to Conditional Use Permit No. 23 is warranted since
the subject use at the specific location, will not cause a significant adverse effect on
adjacent property or the permitted use thereof. The revised driveway retaining wall will
not have a negative aesthetic impact to the surrounding properties; therefore, the
revised driveway will not create a significant adverse effect on adjacent property or the
permitted use thereof.
Section : The revision to Conditional Use Permit No. 23 is warranted since
the proposed use is not contrary to the General Plan. The General Plan Land use
designation for this property is Single Family Residential (1-2 dwelling units per acre),
which is implemented by the RS-1 zone. The proposed revision does not alter the
existing permitted land use of the property.
P.C. Resolution No. 2005-29
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Section 6. The revision to Conditional Use Permit No. 23 is warranted since
the proposed use complies with all applicable requirements of the Urban Appearance
Overlay Control District (OC-3), which has eight performance criteria for any
development within this overlay district. The proposed residence meets all of these
performance criteria.
Section 7- The revision to Conditional Use Permit No. 23 is warranted since
conditions, which the Planning Commission finds necessary to protect the health,
safety, and general welfare, have been imposed. As noted in Exhibit "A" of this
resolution, all necessary conditions of approval have been incorporated into this
approval.
Section 8, Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.74.060, 17.66.060, 17.70.030, 17.76.040(H) and 17.80.070 of the Rancho Palos
Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with
the appropriate appeal fee, no later than June 29, 2005.
Section 9: 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 approves the revision
to Conditional Use Permit No. 23 for a revised configuration of the driveway (Case No.
ZON2004-00215); subject to the conditions contained in Exhibit 'A', attached hereto and
made a part hereof, which are necessary to protect the public health, safety and welfare
in the area.
PASSED, APPROVED AND ADOPTED this 14th day of June 2004, by the following
vote:
AYES: GERSTNER, KARP, KNIGHT, TETREAULT
NOES: NONE
ABSTENTIONS: NONE
ABSENT: GOLIDA, PERESTAM, MUELLER
Paul fe-treau-1t,
Chairman
Jbel ojas, Al P
Direc or of Pla in , Building and Code Enforcement; and,
to t
ecr nary to theeQnniunigl Commission
P.C. Resolution No. 2005-29
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2005-29)
Revision to Conditional Use Permit No. 23 (Case No. 2004-00215)
1. This approval allows the reconfiguration of the driveway for the single-family
residence located at 2930 Vista Del Mar. Unless modified hereafter, all
conditions of approval set forth in P.C. Resolution No. 2003-12 and Conditional
Use Permit No. 23 shall be complied with at all times.
2. Approval of this revision to Conditional Use Permit No. 23 shall not be construed
to mean any waiver of applicable and appropriate zoning regulations, or any
Federal, State, County, and City laws and regulations. Unless otherwise
expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
3. The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86.070 of the City's Development Code. This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6. The revised driveway shall substantially conform to the plans stamped, and
dated the effective date of this approval, approved by the Planning Department.
7. The slope and elevations of the driveway shall comply with the submitted plans,
which is attached as Exhibit "B" of this resolution. DRIVEWAY SLOPE
ELEVATION CERTIFICATION IS REQUIRED. A LICENSED IVIL ENGINEER
OR SURVEYOR SHALL PP THE CERTIFICATION. C TIFI TI
SHALL BE SUBMITTED TO THE CITY'S BUILDING FFICIAL FOR REVIEW
AND APPROVAL P I TO THE POURING OF FOUNDATIONS.
P.C. Resolution No. 2005-29
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Exhibit "B"
Driveway Plan
(Planning Commission Resolution No. 2005-29)
Revision to Conditional Use Permit No. 2 (Case No. 2004-0 215)
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P.C. Resolution No. 2005-29
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