PC RES 2021-019 P.C. RESOLUTION NO. 2021-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES DENYING A CONDITIONAL USE
PERMIT FOR AN 840 FT2 DETACHED ACCESSORY DWELLING
UNIT ON A LOT THAT IS LOCATED WITHIN A VERY HIGH FIRE
HAZARD SEVERITY ZONE AND DOES NOT HAVE TWO DISTINCT
MEANS OF VEHICULAR ACCESS FROM AN ARTERIAL OR
COLLECTOR STREET AT 29907 AVENIDA ESPLENDIDA (CASE
NO. PLAU2021-0006)
WHEREAS, on May 28,2021, Jeff Lyon, on behalf of property Ellen Shinkai
(collectively, "Applicant"), submitted a Site Plan Review application, requesting approval to
construct a detached accessory dwelling unit (ADU) on the property located at 29907
Avenida Esplendida, in the City of Rancho Palos Verdes; and
WHEREAS, on June 22, 2021, staff completed an initial review of the application, at
which time the application was deemed incomplete due to missing information on the
project plans;
WHEREAS, on October 13, 2021, staff deemed the application complete for
processing after the Applicant submitted additional information on several occasions and
the incorporation of a Conditional Use Permit (CUP) application. A CUP is required
pursuant to § 17.10.020 (C)(1) of the Rancho Palos Verdes Municipal Code (RPVMC) as
the proposed ADU will be on a lot that is located within a Very High Fire Hazard Severity
Zone and does not have two distinct means of vehicular access from an arterial or
collector street; and
WHEREAS, on October 21, 2021, a public notice was published in the Palos
Verdes Peninsula News and mailed to all property owners within a 500-foot radius from
the project site, providing a 15-day time period to submit comments; and
WHEREAS, on November 9, 2021, the Planning Commission held a duly noticed
public hearing, considered public testimony and denied the CUP application for the
construction of an 840 ft2 detached ADU on lot that is located within a Very High Fire
Hazard Severity Zone and which does not have two distinct means of vehicular access
from an arterial or collector street, on a 5-2 vote, with Chair Perestam and Commissioner
Santarosa voting "no"; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources 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, the proposed project has been found to be categorically exempt under Section
01203 0005/755837 1 P C Resolution No. 2021-19
Page 1 of 3
15303(a) (new construction) of the CEQA Guidelines: the project involves the construction
of an ADU in the RS-3 zoning district, which is a residential zone; and
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a new 840 ft2, one-
bedroom, detached ADU with an overall height of 13 feet.
Section 2: Pursuant to § 17.10.020 (C)(1) of the RPVMC, the Planning
Commission is required to make findings for a CUP to construct a new ADU on a lot that is
located within a Very High Fire Hazard Severity Zone and which does not have two distinct
means of vehicular access from an arterial or collector street. The Planning Commission
finds that the requested entitlement is not warranted as a result of the cumulative impacts
associated with the proposed ADU to the surrounding neighborhood including traffic
congestion and limited emergency access in the Very High Fire Severity Zone.
Section 3: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any appeal
letter must be filed by 5:30 p.m. on Monday, January 10, 2022. A $3,100.00 appeal fee
must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's
decision will be final at 5:30 p.m. on January 10, 2022.
Section 4: Any challenge to this Resolution and the findings set forth therein, must
be filed within the 90-day statute of limitations set forth in Code of Civil Procedure §1094.6
and §17.86.100(B) of the RPVMC
01203 0005/755837 1 P C Resolution No. 2021-19
Page 2 of 3
PASSED,, APPROVED AND ADOPTED this 14th of December 2021 by the following
vote:
AYES: COMMISSIONERS CHURA, SAADATNEJADI, SANTAROSA, AND CHAIR
PERESTAM
NOES: NONE
ABSTENTIONS: COMMISSIONERS NELSON AND NULLMAN
RECUSALS: NONE
ABSENT: NONE
%i
ce
Stephen Perestam
Chair of the Planning Commission
fr •
en Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
01203 0005/755837 1 P C Resolution No 2021-19
Page 3 of 3