PC RES 2006-060 P.C. RESOLUTION NO. 2006-
RESOLUTION F THE PLANNINGCOMMISSION OF THE CITY OF
RANCHOL APPROVING CONDITIONAL PERMIT
REVISION ING APPROVAL(CASE NO. N200 -0060)FOR
NEW 8,479-SQUARE-FOOT 2-STORY SINGLE-FAMILY RESIDENCE
AND 53 CUBIC YARDS F RELATED GRADING, LOCATED AT 3231
PALPALOS VERDES DRIVE SOUTH
WHEREAS, on July 12, 1977, Conditional Use Permit No. 23 (CUP 23) was
approved by the Planning Commission to establish the Seacliff Hills community as a
residential planned development (RPD), which included the approval of specific building
footprints and limits of grading for each of the fifty-seven (57) approved residential lots;
and,
WHEREAS, on December 22, 2005, the applicant, Vinod Jindal, submitted an
application for a revision to CUP 23 and a grading approval (Case No.ZON2005-00660)to
allow the development of a new single-family residence on a vacant upslope lot in the
Seacliff Hills community which deviated from the approved building footprint and limits of
grading; and,
WHEREAS, on October 13, 2006, the application was deemed complete for
processing by Staff; 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), Staff found no evidence that the approval of the requested conditional use
permit revision and grading approval would have a significant effect on the environment
and, therefore, the proposed project has been found to be categorically exempt (Section
15303(x)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on November 28, 2006, 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. The Planning Commission makes the following findings of fact with
respect to the request for a revision to Conditional Use Permit No. 23 to deviate from the
approved building footprint and limits of grading for Lot 26 of Tract No. 34834 in the
Seacliff Hills community:
A. The site for the intended use is adequate in size and shape to accommodate said
use. Pursuant to CUP 23, this lot was originally approved for a 4,350-square-foot,
multi-level single-family residence resulting in 13-percent lot coverage. The
proposed 8,479-square-foot 2-story single-family residence is located in roughly the
same position on the lot as the originally-approved residence, and would result in
28-percent lot coverage. The maximum permitted lot coverage for an upslope lot
such as this is twenty-five percent(25%). However,the existing fire lane constitutes
4-percent lot coverage, so the applicant's proposal by itself is consistent with the 25-
percent lot coverage standard. The proposed project meets all of the required
setbacks for this lot.
B. The site for the proposed use relates to streets and highways properly designed to
carry the type and quantity of traffic generated by the subject use. The subject
property is served by an existing private driveway that is also shared with Lots 24
and 25 of Tract No.34834 (3239 and 3235 Palos Verdes Drive South, respectively).
This driveway also will serve as a fire lane for these three (3) lots.
C. There will be no significant adverse effect on adjacent property or permitted uses.
The subject property is located adjacent to the "Switchbacks" area of the City's
Natural Communities Conservation Planning (NCCP) preserve. The applicant
prepared a biological survey of the site to identify the presence of any existing
sensitive plant or animal species, and to determine if the project would have direct
or indirect effects upon habitat areas within the NCCP preserve. The biological
survey found that the project would result in no direct or indirect impacts to habitat
on site or in the adjacent NCCP preserve. Five (5) project-specific mitigation
measures were recommended by the applicant's biologist, which are included as
conditions of approval. The City's biological consultant reviewed the applicant's
biological survey and approved it on September 7, 2006. The only other adjacent
properties are the two (2) vacant residential lots (Nos. 24 and 25) that share the
existing private driveway with the subject property. The development of the subject
property will have no adverse impacts upon these vacant lots.
D. The proposed use is not contrary to the General Plan. The General Plan land use
designation for the subject property is Residential, <1 DU/acre. The development
and improvement of single-family residences are among the primary permitted uses
within this land use designation. This is also reflected in Housing Activity Policy
No. 3 of the General Plan (p. 78), which calls upon the City to "[encourage] and
assist in the maintenance and improvement of all existing residential neighborhoods
so as to maintain optimum local standards of housing quality and design."
E. The easterly portion of the subject property,which forms the west bank of Upper La
Rotonda Canyon, is subject to the Natural (OC-1) and Urban Appearance (OC-3)
overlay control districts, as established pursuant to Sections 17.40.040 and
17.40.060, respectively, of the City's Development Code. This portion of the
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property is designated as a flood hazard area on Tract Map No. 34834, and no
development is proposed within this area. The proposed project is consistent with
all of the performance criteria established for properties affected by the OCA and
OC-3 overlay districts.
F. Conditions have been imposed to protect the health, safety and general welfare,
which include a number of conditions of approval to ensure the consistency of the
project with the Seacliff Hills Development Guidelines, the NCCP preserve, the
OCA and OC-3 overlay control districts, and other conditions, as identified in
Exhibit 'A' attached hereto.
Section 2: The Planning Commission makes the following findings of fact with
respect to the request for a grading approval for 964 cubic yards of grading associated with
the construction of a 8,479-square-foot 2-story single-family residence:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Based upon the underlying RS-1 zoning designation, the primary
permitted use of the property is for single-family residential development. Most of
the proposed grading is for cut (627 CY)that is mostly within the building footprint.
A relatively small amount of fill (226 CY) is proposed, roughly three-quarters of
which is proposed on the slope in the front-yard setback area. The total grading
quantity (853 CY) is below the 1,000-cubic-yard threshold established by the
Seacliff Hills Development Guidelines.
B. The proposed grading and/or related construction does not significantly adversely
affect the visual relationships with nor the views from the "viewing area" of
neighboring properties. The proposed project falls within the "by right" height limit
for upslope lots. The highest point of the roof will be only about four feet six inches
(4'-6") higher than the roadway surface at the top of the existing private driveway
"hammerhead" turnaround. The adjacent vacant residential lots that share this
driveway are at higher elevations, so the proposed project should have no
significant impact upon their views. Finally,the grade within the building footprint is
being lowered such that the residence will be lower than a similar structure that
could have been built in the same location based upon the preconstruction grade.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The existing "natural" contours of the
project site are largely the result of past grading for the development of the Seacliff
Hills neighborhood and the construction of the existing driveway/fire lane. With the
exception of the building footprint, the driveway and some fill at the front of the
house, the topography of the remainder of the site will remain unaltered.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
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manufactured slope into the natural topography. As mentioned above,the existing
"natural" contours of the project site are largely the result of human alteration in the
past. There are no significant natural topographic features that would be disturbed
by the proposed grading.
E. The proposed project is compatible with the character of the twenty (20) nearest
homes in the immediate neighborhood in terms of its size, scale, bulk and mass, lot
coverage, architectural style and setbacks.
F. The proposed project is not a new residential tract, so the required finding that the
grading includes provisions for the preservation and introduction of plant materials
so as to protect slopes from soil erosion and slippage and minimize the visual
effects of grading and construction on hillside areas is not applicable in this case.
G. The proposed project does not involve modifications to streets or other public
infrastructure, the required finding that the grading utilizes street designs and
improvements which serve to minimize grading alternatives and harmonize with the
natural contours and character of the hillside is not applicable in this case.
H. The proposed project would not cause excessive and unnecessary disturbance of
the natural landscape or wildlife habitat through removal of vegetation. The
biological survey for the proposed project indicates the presence of 0.41 acre of
disturbed, unoccupied coastal sage scrub (CSS)and southern cactus scrub (SCS)
habitat on the front and easterly side slopes of the property. No grading or
development is proposed in these areas, and they will be protected during
construction and fenced off from the remainder of the lot once the house is built.
1. The grading conforms to certain City standards for grading on slopes, creation of
new slopes, heights of retaining walls, and maximum driveway steepness.
Specifically, new slopes will not exceed 35-percent steepness; only one 5-foot-tall
upslope retaining wall is proposed;and the maximum driveway slope will not exceed
20-percent steepness.
J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code, the proposed 11-foot depth of cut is reasonable and necessary to correct
previous grading and to allow the proposed house to be set down into the grade of
the lot.
K. Deviations from certain City standards for the number an height of upslope retaining
walls adjacent to the driveway are warranted. Specifically,two(2)upslope retaining
walls—one 3-foot-tall and one 6-foot-tall—are proposed on the north side of the
driveway. These deviations are warranted because:
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L The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) are satisfied.
ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure] that the development of each parcel of
land—occurs in a manner harmonious with adjacent lands..."; and to
"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because they will allow reasonable use of the property,
will not adversely affect surrounding properties, and will be consistent with
the Residential <1 DU/acre land use designation for the area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. Two (2) upslope retaining walls are proposed adjacent to the
driveway. These walls are necessary to support the existing private
driveway/fire lane and to provide access to the lower-level garage of the
house. At their highest point the upper wall is six feet (6'-0") tall and the
lower wall is three feet (3'-0") tall, but both walls taper and eventually
"daylight" into the existing grade. A planter area that will provide visual
screening of the tallest portion of the upper wall separates the walls. Many
of the other homes in the immediate neighborhood that have been built on
upslope lots have similar walls along their driveways.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The City's geotechnical consultant
has granted conceptual approval of the project, and additional review and
analysis will be required before the soil engineering report for the grading,
retaining walls and structure is granted final approval for construction. The
applicant will also be required to obtain a building permit for the project,
including the review of site drainage.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.60.060 and
17.76.040(H)of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing, setting forth the grounds of the appeal and any specific actions
requested by the appellant, and accompanied by the appropriate appeal fee, no later than
fifteen (15)days following November 28, 2006, the date of the Planning Commission's final
action.
Section 4: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves Case No. ZON2005-00660 for a conditional use permit
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revision and grading approval for a new 8,479-square-foot 2-story single-family residence
and 853 cubic yards of related grading, located at 3231 Palos Verdes Drive South, subject
to the conditions of approval contained in the attached Exhibit W, attached hereto and
made a part hereof, which are necessary to protect the public health, safety, and welfare.
PASSED,APPROVED, AND ADOPTED this 28 to day of November 2006, by the following
vote:
AYES: Commissioners Karp, Ruttenberg and Tetreault, Vice Chairman
Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: Commissioners Lewis and Perestam, Chairman Knight
Bill Gerstner
Vice Chairman
Joel A'CP
Direct
r f PI
Dire lanni g, wilding
a C I gi
and EnforcL nt; and,
Secretary to the Planning Commission
P.C. Resolution No. 2006-60
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EXHIBITW
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2005-00660
(Jindal, 3231 Palos Verdes Drive South)
General Conditions:
I Prior to the submittal of plans into Building and Safety plan check,the applicant and
the 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 said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. 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.
3. This approval is for the construction of a 8,479-square-foot 2-story single-family
residence and 853 cubic yards of related grading. The Director of Planning,
Building and Code Enforcement 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. Otherwise, any substantive change to the project shall
require approval of a revision to the conditional use permit and/or grading approval
by the Planning Commission and shall require new and separate environmental
review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-1 district
development standards and the OC-1 and OC-3 overlay control district performance
criteria of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, 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 Department of
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Planning, Building and Code Enforcement and approved by the Director.
Otherwise, a conditional use permit revision and/or grading approval revision must
be approved prior to further development.
7. 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.
8. 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.
9. 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.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through 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. Trucks and other construction vehicles shall not park, queue and/or idle at
the project site or in the adjoining public rights-of-way before 7:00 AM, Monday
through Saturday, in accordance with the permitted hours of construction stated
above.
11. A minimum 3-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9° in width and 20° in depth, with minimum 7° vertical clearance.
12. Notwithstanding the proposed plans, any fence located between the front property
line (i.e., the northerly edge of the public right-of-way of Palos Verdes Drive South
and the closest portion of the house shall be limited to forty-two inches (42") in
height, unless an application for a minor exception permit for a taller fence (6-foot-
tall maximum) is approved by the Director of Planning, Building and Code
Enforcement in conjunction with the site landscape plan.
13. All site landscaping and other improvements shall be installed and maintained in
compliance with the applicable performance criteria of the Natural (OC-1) and
Urban Appearance(OC-3)Overlay Control Districts,which apply to the flood hazard
area in the easterly portion of the property along Upper La Rotonda Canyon.
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14. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W
incandescent (or equivalent).
15. The applicant shall obtain an encroachment permit from the Director of Public
Works for any other temporary or permanent improvements or activities within the
public right-of-way of Palos Verdes Drive South.
Condition Use Permit Revision Conditions:
16. This approval is for a 8,479-square-foot,2-story single-family residence. BUILDING
AREA CERTIFICATION REQUIRED,to be provided by a licensed land surveyor or
civil engineer prior to building permit final.
17. The maximum ridgeline of the approved project is 109.50'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
18. The approved residence shall maintain setbacks of 40'front, 20' rear, 12'west side
and 76' east side. BUILDING SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
19. The approved project shall maintain a maximum of 28% lot coverage as calculated
pursuant to the Seacliff Hills Development Guidelines. Maximum hardscape
coverage within the 20-foot front-yard setback area shall not exceed 50%.
20. Prior to Building Permit issuance, the applicant shall submit a site landscape plan
for the review and approval of the Director of Planning, Building and Code
Enforcement. Said plan shall include any proposed walls or fences in accordance
with the Seacliff Hills Development Guidelines. The landscape plan should be
designed to:
a. Screen buildings from Palos Verdes Drive South;
b. Soften architectural features;
C. Improve the transition between open space areas and buildings;
d. Stabilize slopes; and,
e. Emphasize the use of drought-tolerant plantings.
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All project site landscaping shall be installed within ninety (90) days of building
permit final.
21. As identified in the July 2006 Biological Resources Report and Impact Analysis
prepared for the project by Dudek:
a. The native habitat on-site (including disturbed coastal sage scrub and
disturbed southern cactus scrub) that is considered suitable for sensitive
species shall not be directly impacted by the project in any way.
b. A fence shall be erected between the residence and the native habitat areas
in the southerly and easterly portions of the subject property.
C. Standard construction best management practices(BMPs)and construction-
related minimization measures to control dust, erosion and runoff shall be
implemented to minimize indirect effects during construction.
d. To mitigate for the potential introduction of the Argentine ant into on-site
disturbed coastal sage scrub and disturbed southern cactus scrub habitat,
where the coast (San Diego) horned lizard has a moderate potential for
occurring, the applicant shall:
L Ensure that all plant material used in landscaping on-site in inspected
for the presence of the Argentine ant;
ii. Use drought-tolerant landscaping along the open space interface;
and,
iii. Design the landscaping such that there is an interception and
diversion of urban run-off away from the open space areas.
e. If construction activity is to take place during the breeding season (i.e.,
January through September), a one-time biological survey for nesting bird
species shall be conducted within the proposed impact area seventy-two(72)
hours prior to the commencement of grading and/or construction. This
survey is necessary to assure avoidance of impacts to nesting raptors (i.e.,
American kestrel and red-tailed hawk)and/or birds protected by the Federal
Migratory Bird Treaty Act. If any active nests are detected, the area will be
flagged and mapped on the construction plans along with a minimum 25-foot
buffer and up to a maximum three hundred feet (300') for raptors, as
determined by the project biologist, and will be avoided until the nesting cycle
is complete.
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22. Aside from site improvements explicitly approved by these conditions of approval,
any future request for additions, accessory structures or additional grading that
increase the lot coverage for the site shall require the approval of a further revision
to Conditional Use Permit No. 23 by the Planning Commission, and shall be subject
to new and separate environmental review.
Grading Approval Conditions:
23. The permitted grading quantities shall be as follows:
Area Cut Fill Total Earth Net Earth
Movement Movement
House 531 CY 47 CY 578 CY <484 CY>
Footprint
Outside 96 CY 179 CY 275 CY 83 CY
Footprint
Total 627 CY 226 CY 853 CY <401 CY>
The maximum depth of cut shall be 11 feet and the maximum depth of fill shall be 3
feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED,.
24. The applicant shall furnish the City with copies of landfill receipts for the approved
export of 401 cubic yards of material prior to Building Permit final.
25. Haul routes used to transport soil exported from the project site shall be approved
by the Director of Public Works.
26. The maximum height of the upslope retaining wall in the rear yard shall not exceed
5 feet in height. The maximum heights of the two (2) upslope retaining walls
adjacent to the driveway shall be 3 feet and 6 feet, with a minimum horizontal
separation of 3 feet that will be landscaped with shrubs and/or vines.
27. Maximum new slopes shall not exceed 67% adjacent to the driveway and 35%
elsewhere on the property (33% proposed).
28. Prior to the issuance of a grading permit by the City's Building Official,the applicant
shall obtain final approval of the grading plan from the City's geotechnical
consultant. The applicant shall be responsible for the preparation and submittal all
soil engineering and/or geology reports required by the City's geotechnical
consultant in order to grant such final approval.
29. Maximum driveway slopes shall not exceed 20 percent (18% proposed).
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