PC RES 2001-031A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A
REQUEST FOR CONDITIONAL USE PERMIT NO. 158 -
REVISION `E' TO ALLOW 30 -INCH -TALL PLANTERS, SEAT
WALLS AND FIRE PITS AND 42 -INCH -TALL POOL
EQUIPMENT AND BUILT-IN BARBECUES TO ENCROACH
INTO THE REAR -YARD SETBACK AREAS OF THE
RESIDENTIAL LOTS IN TRACT NO. 46628 (OCEANFRONT)
WHEREAS, on March 17, 1992, the City Council adopted Resolution No 92-27,
approving Conditional Use Permit No 158 in conjunction with Vesting Tentative Tract Map
No. 46628 for a residential planned development of seventy-nine single-family lots and five
open space lots on a 132 -acre vacant site, located seaward of the terminus of Hawthorne
Boulevard at Palos Verdes Drive West, between the Lunada Pointe community on the north
and the Point Vicente Interpretive Center on the south; and,
WHEREAS, on February 25, 1997, the Planning Commission adopted P.C.
Resolution No. 97-12, approving Conditional Use Permit No. 158 -Revision 'A' for minor
revisions to certain conditions of approval related to the relocation of Lots 78 and 79 of
Vesting Tentative Tract Map No. 46628, as required by the U.S. Fish and Wildlife Service;
and this action was subsequently upheld by the City Council on March 11, 1997; and,
WHEREAS, April 14, 1998, the Planning Commission adopted P.C. Resolution
No 98-13, approving Conditional Use Permit No. 158 -Revision 'B' for miscellaneous
revisions to the development standards for Vesting Tentative Tract Map No. 46628; but this
action was subsequently overturned on appeal to the City Council on June 16, 1998; and,
WHEREAS, on November 28, 2000, the Planning Commission adopted P C
Resolution No 2000-41, approving Conditional Use Permit No. 158 -Revision 'C', et al. for
three tract entry observation booths on the interior streets of the tract, as well as
modifications to the tract perimeter fencing and the installation of tract identification
signage, which was subsequently upheld on appeal to the City Council with the adoption of
Resolution No. 2001-08 on February 8, 2001 but appealed to the California Coastal
Commission on February 26, 2001 and has been held in abeyance, and,
WHEREAS, on July 10, 2001, the Planning Commission adopted P.0 Resolution
No. 2001-16, denying with prejudice a request for Conditional Use Permit No 158 -Revision
'D' and Coastal Permit No. 94 -Revision 'B' to allow the proposed residence on Lot 33 of
Tract Map No. 46628 to have main roof ridgelines oriented less -than -perpendicular to Palos
Verdes Drive West; and,
WHEREAS, on July 27, 2001, the applicant, Makallon RPV Associates LLC,
submitted an application for Conditional Use Permit No. 158 -Revision 'E' to allow
modifications to the conditions of approval regarding the encroachment of accessory
Z• 0 0
structures into the rear -yard setback areas of the residential lots in Tract Map No 46648;
and,
WHEREAS, on August 20, 2001, the application for Conditional Use Permit No. 158 -
Revision 'E' was deemed complete 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 Conditional Use Permit No 158 -
Revision 'E' would have a significant effect on the environment because the environmental
impacts of the project have been previously addressed by the mitigation measures adopted
pursuant to Final Environmental Impact Report No. 35; 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 25, 2001, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for Conditional Use Permit No. 158 -Revision 'E' to modify the
conditions of approval regarding the encroachment of accessory structures into the rear -
yard setback areas of the residential lots of Tract Map No. 46628
A. The site is adequate in size and shape to accommodate the proposed revision
because all of the residential lots in the Oceanfront community are at least 20,000
square feet in size Pursuant to the Development Code, none of the accessory
structures that could encroach into the rear -yard setback areas of these lots (i e ,
pools, spas, equipment, garden walls, etc.) constitutes lot coverage. As such, this
revision will have no impact upon the ability of individual lots to accommodate
development with a single-family residence
B. 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 because the additional
accessory structures that could be permitted in the rear yards of the homes would
have no effect upon the sufficiency of adjacent public streets to provide access to
the homes.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof because the
P.0 Resolution No 2001-31
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applicants only request permission to allow planters and seat walls up to thirty (30)
inches in height and built-in barbecues up to forty-two (42) inches in height The low
height of these proposed accessory structures makes them unlikely to create
significant view or aesthetic impacts on adjacent private properties and public rights-
of-way. In order to ensure this, a condition of approval that would restrict these
accessory structures from being placed on the slope areas in the rear- and side -yard
setbacks is also proposed.
D. The proposed use is not contrary to the General Plan because the General Plans
contains several goals and policies that acknowledge "[scenic] views [as] one of the
most valuable natural resources on the Peninsula" (General Plan, p. 77) The
limited height of the proposed accessory structures will have no adverse effect upon
existing and future view corridors
E The project site is subject to the performance criteria of the OC -1 (Natural), OC -2
(Socio -Cultural) and OC -3 (Urban Appearance) overlay control districts.
Performance Criterion No. 1 of the OC -3 overlay control district states that
development shall not "[result] in the change in elevation of the land or construction
of any improvement which would block, alter or impair major views, vistas or
viewsheds in existence from designated view corridors, view sites or view points at
the dates of adoption of the General Plan and the Coastal Specific Plan in such a
way as to materially and irrevocably alter the quality of the view as to arc (horizontal
and vertical), primary orientation or other characteristics " The proposed revision
would have little or no potential to adversely affect public views that are identified in
the City's General Plan or Coastal Specific Plan
F. The Planning Commission hereby modifies Condition Nos. Q4 and Q5 of Resolution
No. 92-27 and adds Condition No. Q6 to Resolution No. 92-27 as follows (additions
underlined, deletions etFUsk-out):
Q4. The minimum rear -yard setback shall be twenty-five (25) feet for Lots 31 to
57, 58 to 67, 78 and 79. No accessory structures
shall be permitted within the rear -yard
setback of these lots, with the exception of in -ground pools and spas;
planters, seat walls and fire pits up to thirty (30) inches in height; and pool
and spa equipment and built-in barbecues up to forty-two (42) inches in
height and located at least three feet (31 from any property line.
Q5 The minimum rear -yard setback shall be fifty (50) feet for Lots 1 to 30 and
Lots 68 to 77. No accessory structures
.44 shall be permitted within the rear -yard setback of these
lots, with the exception of in -ground pools and spas: planters, seat walls and
fire pits up to third (30) inches in height, and pool and spa equipment and
P.C. Resolution No. 2001-31
Page 3 of 5
LI
built-in barbecues up to forty-two (42) inches in height and located at least
three feet (3') from any property line
Q6. No accesso!y structures will be allowed to encroach upon the existing slope
areas in the rear- and side -yard setback areas of any residential lot
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.60.060 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 fifteen (15) days following September 25,
2001, the date of the Planning Commission's final action.
Section 3: 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 Conditional Use Permit
No 158 -Revision 'E' to allow 30 -inch -tall planters and seat walls and 42 -inch -tall built-in
barbecues to encroach into the rear -yard setback areas of the residential lots in Tract
No. 46628 (Oceanfront).
P.C. Resolution No. 2001-31
Page 4 of 5
•
PASSED, APPROVED and ADOPTED this 25th day of September 2001, by the following
vote:
AYES: Chairman Lyon, Commissioners Cartwright, Mueller, Paulson and
Vannorsdall
NOES: none
ABSTENTIONS: Vice Chairman Clark and Commissioner Long
ABSENT: none
ii,-101114,1
Frank Lyon
Chairman
h
All A
J•eI '•jas, AIC-
•'rec •r of Pla , Building
an• ode Enfo . ent; and Secretary
to the Planning Commission
M:1Projects\CUP 158-Rev.'E'(CPH)120010925 Reso PC.doc
P.C. Resolution No. 2001- 31
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