PC RES 2009-004 P.C. RESOLUTION NO. 2009-04
A RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF
RANCHO PALOS VE ES APPROVING A CONDITIONAL USE PERMIT
REVISION AND SITE PLAN REVIEW(CASE NO. Z N2008-00 98) FOR A
NEW 960-SQUARE-FOOT POOL, SPA, POOL DECK, EQUIPMENT AND
BUILT-IN A E E, LOCATED AT 3231 PALOS VER ES 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 November 28, 2006, the Planning Commission conditionally
approved a conditional use permit revision and grading permit (Planning Case
No. ZON2005-00660) for a new, 8,479-square-foot 2-story single-family residence and
eight hundred fifty-three cubic yards (853 CY) of related grading on Lot 26 of Tract
No. 34834 in the Seacliff Hills community, which included a request to increase the
maximum allowable lot coverage from twenty-five percent (25%) to twenty-eight percent
(28%); and,
WHEREAS, on September 29, 2008, the Director of Planning, Building and Code
Enforcement conditionally approved a minor exception permit (Planning Case
No. ZON2008-00475) for a 5-foot-tall wrought-iron fence within the front-yard area of the
lot; and,
WHEREAS, on November 14, 2008,the applicants,Vinod and Niki Jindal, submitted
an application for a further revision to CUP 23 and site plan review (Planning Case
No. ZON2008-00598) to allow the development of a 960-square-foot pool, spa, pool
decking, equipment and built-in barbeque that would increase the maximum allowable lot
coverage from twenty-eight percent (28%) to thirty-one percent (31%); and,
WHEREAS, on December 1, 2008,the application for Planning Case No. ZON2008-
00598 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 site plan review would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section
15303(e)); 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 January 27, 2009, 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 further deviate
from the approved lot coverage 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 Planning Case No. ZON2005-00660, this lot was approved for an
8,479-square-foot, 2-story single-family residence resulting in 28-percent lot
coverage. Under the Seacliff Hills Development Guidelines,the maximum permitted
lot coverage for an upslope lot such as this is twenty-five percent (25%). In
approving the additional lot coverage at that time, the Planning Commission found
that four percent (4%) of the subject lot was covered by a portion of a shared
driveway/fire lane such that the residence itself resulted in only 24-percent lot
coverage. The proposed 960-square-foot pool, deck and barbeque area would
increase the overall lot coverage of the site to thirty-one percent (31%), of which
only twenty-seven percent (27%) would be attributable to the residence and
accessory structures and four percent (4%) would remain attributable to the
driveway/fire lane. This equates to an apparent lot coverage increase of only two
percent (2%) more than the maximum 25-percent allowance from the Seacliff Hills
Development Guidelines. 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. In conjunction with
the application for the new residence, 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 proposed project would not encroach upon
any biologically-sensitive areas that were identified in the previous biological survey.
P.C. Resolution No. 2009-04
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With respect to the additional lot coverage requested, the Planning Commission
finds that it will have negligible effects upon adjacent private and public lands.
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
property is designated as a flood hazard area on Tract Map No. 34834, and no
development is proposed within this area.
F. Conditions have been imposed to protect the health, safety and general welfare,
which include conditions of approval to ensure the consistency of the project with
the Seacliff Hills Development Guidelines 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 site plan review for a 960-square-foot pool, spa, pool decking,
equipment and built-in barbeque:
A. The proposed pool, spa, equipment, pool deck and built-in barbeque comply with
the City's development standards for accessory structures. Although they are
located at the front of the house, they do not encroach upon the front-yard setback.
In addition, the perimeter fence approved pursuant to Planning Case No. ZON2008-
00475 provides the required safety enclosure for the pool and spa.
Section 3e 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
17.80.070 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 January 27, 2009, 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 a Conditional Use Permit Revision and Site Plan Review
P.C. Resolution No. 2009-04
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(Planning Case No. ZON2008-00598) for a new 960-square-foot pool, spa, pool deck,
equipment and built-in barbeque, located at 3231 Palos Verdes Drive South, subject to the
conditions of approval contained in the attached Exhibit `A'.
PASSED, APPROVED, AND ADOPTED this ?7t"
day of January 2009, by the following
vote:
AYES: Commissioners Gerstner, Rutenberg and Tomblin, Vice Chairman
Lewis and Chairman Perestam
NOES: Commissioners Knight and Tetreault
ABSTENTIONS: none
ABSENT: none
RECUSAILS: none
Stephen Perestam
Chairman
Joel Uoja ' AICP
for
ding
Dire f Planning, Li�
and e Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2009-04
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I-II IT W
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. Z 2008-00598
(Jindal, 3231 Palos Verdes Drive South)
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 960-square-foot pool, spa, pool deck,
equipment and built-in barbeque. 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 site plan review 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
Planning, Building and Code Enforcement and approved by the Director.
P.C. Resolution No. 2009-04
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Otherwise, a conditional use permit revision and/or site plan review 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. Unless otherwise modified by these conditions of approval, all conditions of
approval of Planning Case Nos.ZON2005-00660 and ZON2008-00475 remain valid
and in full force and effect.
12. Any future removal of coastal sage scrub (CSS) habitat within the adjacent NCCP
Preserve that is the result of Fire Department-mandated brush clearance shall be
mitigated, pursuant to the Rancho Palos Verdes NCCP Subarea Plan. The
applicant and/or any successors in interest to the subject property shall be required
to mitigate such habitat loss through the payment of a mitigation fee to the City's
Habitat Restoration Fund.
Condition Use Permit Revision Conditions:
13. The approved project shall maintain a maximum of 31% lot coverage, as calculated
pursuant to the Seacliff Hills Development Guidelines.
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Site Plan Review Conditions:
14. This approval is for a pool, spa, pool deck, equipment and built-in barbeque,
encompassing an area of nine hundred sixty square feet (960 SF).
15. All approved improvements shall comply with the 20-foot front-yard setback
requirement. The minimum setback from any of the approved improvements to the
easterly side property line shall be three feet (3'-0"). However, no encroachment is
permitted into the designated flood hazard area of the lot.
16. A pool enclosure is required, which must consist of a 5- to 6-foot-tall fence or wall
with a self-closing, self-latching gate.
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P.C. Resolution No. 2009-04
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