PC RES 2007-060 P.C. RESOLUTION NO. 2007-60
RESOLUTION F THE PLANNINGCOMMISSION F THE CITY OF
RANCHO PALPALOS VERDESAPPROVING A CONDITIONAL S IT
REVISION AND GRADINGIT (CASE NO. Z 2006®00237) FOR A
NEW 7,348-SQUARE-FOOT 3-STORY SINGLE-FAMILY RESIDENCE AND
1,899 CUBIC YARDS OF RELATED GRADING, LOCATED AT 2923 VISTA
EL MAR
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 May 1, 2006, the applicants, Sunil and Chanda Khanna, submitted
an application for a revision to CUP 23 and a grading permit (Case No. ZON2006-00237)
to allow the development of a new single-family residence on a vacant upslope lot in the
Seacliff Hilltop community which deviated from the approved building footprint and limits of
grading; and,
WHEREAS, on August 20, 2007, 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 permit 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 September 11, 2007, 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 HERESY 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 9 of Tract No. 32991 in the Seacliff
Hilltop 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 3,910-square-foot,
multi-level single-family residence resulting in 16-percent lot coverage. The
proposed 7,348-square-foot, 3-story single-family residence is located in roughly the
same position and orientation on the lot as the originally-approved residence, but
would result in 32-percent lot coverage. The maximum permitted lot coverage for
an upslope lot such as this is twenty-five percent (25%). However, all of the other
developed properties in the immediate neighborhood exceed the allowable lot
coverage, either because they were built before the adoption of the Seacliff Hills
Development Guidelines, or because revisions to CUP 23 were later granted by the
Planning Commission or City Council. The proposed project meets all of the
required setbacks for this lot.
S. 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 public street (Vista del Mar)that serves all eleven
(11)lots in the Seacliff Hilltop community and connects to Palos Verdes Drive East.
The proposed project will not alter the nature of traffic generated by the lot as
compared to the originally-approved residence.
C. There will be no significant adverse effect on adjacent property or permitted uses.
Several neighbors have expressed concern about aspects of the project, including
lot coverage, view impacts, architectural style and setbacks. In response to these
concerns, the project has been significantly revised and reduced in size. In
addition, conditions of approval to address the neighbors'concerns will be imposed,
including certification of lot coverage, structure size, setbacks and building height;
limitations on the reflectivity of the proposed roof material and glazing; and submittal
of a landscape plan.
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. All eleven (11)lots in the Seacliff Hilltop community are subject to the Natural (OC-
E)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.
With the exception of lot coverage, the project will not propose any activities that are
contrary to the provisions of the OC-1 and OC-3 Districts. The OC-1 performance
criteria recommend no more than 10-percent coverage, while CUP 23 allows 25-
percent coverage on upslope lots such as the subject property, and the project
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proposes 32-percent coverage. However, none of the existing homes in the
immediate neighborhood are consistent with this performance criterion.
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 and the OC-1 and OC-3
overlay control districts, as well as to address neighbors' concerns, 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 1,899 cubic yards of grading associated
with the construction of a 7,348-square-foot 3-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(1,615 CY)that is mostly within the building footprint.
A comparatively small amount of fill (284 CY) is proposed, more than half of which
is proposed for the exterior patios and the driveway in the front-yard setback area.
The total grading quantity (1,899 CY) is above the 1,000-cubic-yard threshold
established by the Seacliff Hills Development Guidelines. However, the additional
grading allows the residence to be set lower into the lot, thereby minimizing view
impacts and helping to camouflage the building's apparent bulk and mass.
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 eight feet six inches(8'-6")
higher than the highest point of existing grade covered by the structure. The
adjacent residences at 2903 and 2909 Vista del Mar are at the same or 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 roadway. 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
P.C. Resolution No. 2007-60
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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 six(6) 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, so 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. There is no evidence of sensitive species or habitat on the subject property, so the
required finding that the grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation isnot applicable in this case.
I. 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 8-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 and 6-foot depth of fill is reasonable and
necessary to allow the house to be set lower into the lot, thereby minimizing view
impacts and helping to camouflage the building's apparent bulk and mass.
K. Deviations from certain City standards for the number and height of retaining walls
adjacent to the driveway and the height of the downslope retaining wall in the front
yard are warranted. Specifically, one (1) upslope and one (1) downslope retaining
wall are proposed adjacent to the driveway, each varying in height up to eight feet
(8'-0"). An 8-foot-tall downslope retaining wall is proposed adjacent to the
motorcourt at the front of the house. These deviations are warranted because:
i. The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) are satisfied.
P.C. Resolution No. 2007-60
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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. One (1) upslope and one (1) downslope retaining wall are
proposed adjacent to the driveway, each varying in height up to eight feet
(8'-0"). An 8-foot-tall downslope retaining wall is proposed adjacent to the
motorcourt at the front of the house. These walls are necessary to create
the driveway and provide access to the 1St-level garage of the house.
Landscaping will be provided to soften the appearance of these walls from
the street wherever possible. Some of the other homes in the immediate
neighborhood that have been built on downslope lots have similar walls
along their driveways, although they are less visible because they are
generally below street level.
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 September 11, 2007, 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. ZON2006-00237 for a conditional use permit
revision and grading approval for a new 7,348-square-foot 3-story single-family residence
and 1,899 cubic yards of related grading, located at 2923 Vista del Mar, subject to the
P.C. Resolution No. 2007-60
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conditions of approval contained in the attached Exhibit `A', attached hereto and made a
part hereof, which are necessary to protect the public health, safety, and welfare.
PASSED, APPROVED, AND ADOPTED this 11th
day of September 2007, by the
following vote:
AYES: Commissioners Karp, Knight, Lewis, Ruttenberg and Tetreault,
Vice Chairman Perestam. and Chairman Gerstner
NOES: none
ABSTENTIONS: none
ABSENT: none
RECUSALS: none
Bill Gerstner
Chairman
Joel of AICU
c
Dire for f Pla Building
andod Enforcement; and,
Secr�e iaryy to the Planning Commission
P.C. Resolution No. 2007-60
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EXHIBIT 'N
CONDITIONS APPROVAL FOR
PLANNING 2006-00237
(Khanna, 2923 Vista delMar)
General Conditions:
1. Priorto 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 7,348-square-foot 3-story single-family
residence and 1,899 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 permit 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 OCA 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
Planning, Building and Code Enforcement and approved by the Director.
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Otherwise, a conditional use permit revision and/or grading permit 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. Any fence located between the front property line 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.
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
2,0001/x/ incandescent(or equivalent). No single lighting fixture may exceed 150 W
incandescent (or equivalent).
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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 Vista del Mar.
16. The stockpiling, rough cutting and preparation of raw stone forthe exterior veneer of
the structure shall not be permitted on the subject property. The storage and cutting
of finished stone shall be permitted on site only for the final fitting and installation of
the stone veneer. The use of a minimal number of stonecutting saws shall be
permitted, provided that such saws are located immediately adjacent to the areas
where the stone veneer is being applied, and as far as possible from nearby
residences.
Condition Use Permit Revision Conditions:
17. This approval is for a 7,348-square-foot, 3-story single-family residence. BUILDING
AREA CERTIFICATION REQUIRED,to be provided by a licensed land surveyor or
civil engineer prior to building permit final.
18. The maximum ridgeline of the approved project is 154.50'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
19. The approved residence shall maintain setbacks of 70'-8" front, 85'-9" rear, 15'
north side and 10' south side. BUILDING SETBACK CERTIFICATION REQUIRED,
to be provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
20. The approved project shall maintain a maximum of 32% 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%.
21. 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 Vista del Mar;
b. Soften architectural features;
C. Improve the transition between open space areas and buildings;
d. Stabilize slopes;
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e. Emphasize the use of drought-tolerant plantings; and,
f. Protect views from nearby properties.
All project site landscaping shall be installed within ninety (90) days of building
permit final.
22. The swimming pool and spa shall be located no less than three feet (3'-0")from the
northerly side property line. SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection. The pool and spa equipment shall be located at least ten feet (10'-0")
from the northerly side property line unless manufacturers' specifications are
provided that demonstrate that the equipment will not generate noise in excess of
65 dBA at the property line, in which case the equipment may be located no less
than three feet (3'-0") from the northerly side property line. Pool fencing shall be
provided in accordance with the requirements of the Building Code.
23. Prior to Building Permit issuance, the applicant shall provide samples of the
proposed glazing and roofing materials for the review and approval of the Director of
Planning, Building and Code Enforcement. The applicant shall employ glazing and
roof materials that are not excessively bright or reflective, to the satisfaction of the
Director.
24. 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:
25. The permitted grading quantities shall be as follows:
Area Cut Fill Total Earth Net Earth
Movement Movement
House 1,240 CY 109 CY 1,349 CY <1,131 CY>
Footprint
Outside 375 CY 175 CY 550 CY <200 CY>
Footprint
Total J 1,615 CY 284 CY 1,899 CY <1,331 CY>
The maximum depth of cut shall be 11 feet and the maximum depth of fill shall be 6
feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED.
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26. The applicant shall furnish the City with copies of landfill receipts for the approved
export of 1,331 cubic yards of material prior to Building Permit final.
27. Haul routes used to transport soil exported from the project site shall be approved
by the Director of Public Works.
28. The maximum height of the upslope retaining wall in the rear yard shall not exceed
8 feet in height. The maximum height of the downslope retaining wall in the front
yard shall not exceed 8 feet in height. The maximum heights of the two(2)retaining
walls adjacent to the driveway shall vary from 2 feet up to 8 feet. All retaining walls
visible form the street shall be landscaped with shrubs and/or vines, to the
maximum extent practicable.
29. Maximum new slopes shall not exceed 67% adjacent to the driveway and 35%
elsewhere on the property.
30. 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.
31. Maximum driveway slopes shall not exceed 20 percent.
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