PC RES 2021-020 P.C. RESOLUTION NO. 2021-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
MAJOR GRADING PERMIT TO CONDUCT 2,650 CY3 OF GRADING
AND ASSOCIATED RETAINING WALLS TO ACCOMMODATE A
PARTIALLY SUBTERRANEAN BASEMENT, EXTERIOR
BASEMENT PATIO AREA, AND DRIVEWAY ACCESS TO A
PARTIALLY SUBTERRANEAN GARAGE FOR A NEW 9,001 FT'
SINGLE-FAMILY RESIDENCE WITH ANCILLARY SITE
IMPROVEMENTS AT 32042 ISTHMUS VIEW DRIVE (CASE NO.
PLGR2021-0024).
WHEREAS, on September 4, 2020, Michael Mulligan ("Applicant") submitted Major
Grading Permit and Site Plan Review applications, requesting approval to construct a new
9,001 ft2 split-story residence and ancillary site improvements with 2,650 yd3 of associated
grading and retaining walls on a vacant pad lot at 32042 Isthmus View Drive (Lot No. 9), in
the City of Rancho Palos Verdes; and
WHEREAS, on August 31, 2021, the Applicant submitted a Conditional Use Permit
(CUP) Revision application, requesting approval to amend Condition No. Z.44 of CUP
No. 162 to allow them to construct up to 26 feet in height, as measured from the point of
entry of a proposed subterranean garage and exterior basement patio level; and
WHEREAS, on November 16, 2021, the City Council adopted Resolution
Nos. 2021-62 and 2021-63, adopting Addendum No. 49 to Environmental Impact Report
No. 36, and approving CUP Revision "HHH" to allow a partially subterranean basement,
exterior basement patio area, and driveway access to a partially subterranean garage on
Lot No. 9 (also known as 32042 Isthmus View Drive) of Tract No. 50667; and
WHEREAS, on November 18, 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, 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 15304 (Minor alterations to land). Specifically, the project involves grading on slopes
less than 10% to alter the condition of land to accommodate the proposed improvements;
and
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WHEREAS, the Planning Commission held a public hearing on December 14, 2021,
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 approves the Major Grading Permit to
conduct 2,650 yd3 of grading, consisting of 2,650 yd3 of cut and 0 yd3 of fill with 2,650 yd3
of export, with a maximum depth of cut at 10 feet, based on the following findings:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The approved project is in a RS-1 zoning district in which the primary use
of the lot is residential. Additionally, the subject lot is in a previously approved
Residential Planned Development and CUP, wherein the permitted primary use is a
single-family home up to 7,500 ft2 of habitable space. The approved grading is to
accommodate a partially subterranean basement, exterior basement patio area, and
driveway access to a partially subterranean garage to allow for the new single-family
residence to build up to the maximum permitted size and height. The grading is
warranted as the Foundation Setback Line cuts the lot approximately in half and the
Restricted Use Area extends to all parts of the lot south of this line, resulting in a
relatively small area of buildable lot that remains once the once the Restricted Use
Area is subtracted from the lot area total. Furthermore, the relatively short length of
the front property line makes it difficult to accommodate a direct-access garage and
residence on the same level, as the required driveway would take up more than 50%
of the front yard setback, which is not allowed. The home will be graded into the
building pad in order to work with the unique constraints of the lot and maximize the
allowable habitable area established in the adopted CUP.
B. The grading and/or related construction does not significantly adversely affect the
visual relationships with, nor the views from, neighboring properties because the
approved grading will accommodate subterranean structures and will not raise the
ridgeline of the structure as originally approved.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural because there are no natural contours on the
property as the lot was previously graded as the project site was part of a mass
grading operation to develop building pads to accommodate future residential homes
in the tract. In addition, the approved grading will result in manufactured slopes that
gradually slope or terrace down into the subterranean area.
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
manufactured slope into natural topography. While substantial grading will occur on
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the existing manufactured slope, it will appear reasonably natural given that gradual
slopes, and terraced planters are incorporated to soften the transition between the
existing building pad and the subterranean area to be constructed.
D. The grading conforms to the standards for maximum finished slopes, restricted
grading areas, and driveways. However, the maximum depth of grading will exceed
5 feet (10 feet cut is approved) to accommodate the residence and ancillary site
improvements, along with two upslope retaining walls (one 4.5-foot-tall retaining wall
with a 3.5-foot-tall guardrail at the north edge of the stairs at the end of the driveway
and one 7-foot-tall retaining wall at the end of the driveway). One 4.5-foot-tall
retaining wall is also approved along the west edge of the driveway. The grading is
allowed to deviate from the maximum depth of cut or fill and retaining wall restrictions
as it is consistent with the purposes of a Grading Permit set forth in RPVMC
§17.76.040. The purpose of the approved grading is to permit reasonable
development of land, ensuring the maximum preservation of natural scenic character
of the area consistent with reasonable economic use of such property; and that such
project complies with all goals and polices of the General Plan, any specific plan and
any amendments. The approved deviations are necessary to create subterranean
areas on a pad lot to maximize the allowable structure size for the subject lot and
provide for an adequate driveway access to the subterranean garage. By doing so,
views will be preserved by maintaining the established roof ridgeline elevation and
ensuring that the development occurs in a manner harmonious with properties in the
vicinity with similar features. In addition, the approved grading deviations will not,
constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity since other subterranean and partially subterranean
structures within the same tract, which required comparable amounts of grading and
retaining walls on pad lots have been approved in the past. Furthermore, the
approved grading deviations will not be detrimental to the public safety nor to other
properties as compliance with the Building Code, approval by the City's geologist,
and a series of inspections will be required throughout project construction. Lastly, a
Notice of Decision will be provided to interested parties and adjacent property
owners.
Section 2: 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 within 15 calendar days of the date of this decision, or 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 Monday,
January 10, 2022.
Section 3: 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.
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Section 4: 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 adopts P.C. Resolution No. 2021-
20, approving the Major Grading Permit to allow 2,650 yd3 of grading and associated
retaining walls to accommodate a partially subterranean basement, exterior basement patio
area, and driveway access to a partially subterranean garage for a new 9,001 ft2 single-
family residence and ancillary site improvements, subject to the Conditions of Approval
contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 14th day of December 2021 by the following
vote:
AYES: COMMISSIONERS CHURA, NELSON, NULMAN, SAADATNEJADI,
SANTAROSA, AND CHAIR PERESTAM
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: 41,4Aywn5s 0 R#IV\( L
1%/7"
Ste e'en Perestam
Chair
-
Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLGR2021-0024
(MAJOR GRADING PERMIT)
32042 ISTHMUS VIEW DRIVE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or 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 Exhibit"A".
Failure to provide said written statement within ninety (90) days following the date of
this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
annul, the action of, or any permit or approval issued by, the City and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof (including actions approved by the voters of the City), for or concerning the
project.
3. Prior to conducting any work in the, public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the Applicant
shall obtain an encroachment permit from the Director of Public Works.
4. 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 (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development 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. Substantial
changes to the project shall be considered a revision and require approval by the
final body that approved the original project, which may require new and separate
environmental review and public notification.
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6. The project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, shall conform to the
residential development standards of the RPVMC, including but not limited to height,
setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be,cause
to revoke the approval of the project pursuant to the revocation procedures contained
in RPVMC §17.86.060, or may be cause of the issuance of administrative citations
as described in RPVMC Ch. 1.16.
8. If the Applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in RPVMC §17.86.070
within one year of the final effective date of this Notice of Decision, 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 Community Development Department and
approved by the Director.
9. 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.
10. 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 approval.
11. This approval is only for the items described within these conditions and identified on
the stamped approved plans and is not an approval of any existing illegal or legal
non-conforming structures on the property, unless the approval of such illegal or legal
non-conforming structure is specifically identified within these conditions or on the
stamped approved plans.
12. 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.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner,
to the satisfaction of the City's Building Official. All construction waste and debris
resulting from a construction, alteration or repair project shall be removed on a weekly
basis by the contractor or property owner. Existing or temporary portable bathrooms
shall be provided during construction. Portable bathrooms shall be placed in a
location that will minimize disturbance to the surrounding property owners, to the
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satisfaction of the City's Building Official.
14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over
30 calendar days shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
During demolition, construction and/or grading operations, trucks shall not park,
queue and/or idle at the project site or in the adjoining street rights-of-way before
7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do
so, the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject
to approval by the Building Official.
16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
No outdoor lighting is permitted where the light source is directed toward or results
in direct illumination of a parcel of property or properties other than that upon which
such light source is physically located.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
Project Specific Conditions:
18. This approval shall allow 2,650 yd3 of grading (2,650 yd3 of cut and 0 yd3 of fill) and
associated retaining walls up to 7 feet in height to accommodate a partially
subterranean basement, exterior basement patio area, and driveway access to a
partially subterranean garage for a new 9,001 ft2 single-family residence and ancillary
site improvements, including the following retaining walls:
a. A 4.5-foot-tall retaining wall with a 3.5-foot-tall guardrail at the north edge of
the stairs at the end of the driveway;
b. A 7-foot-tall retaining wall at the end of the driveway; and,
c. A 4.5-foot-tall retaining wall along the west edge of the driveway.
19. Approval of this project does not, in any way, cause any changes to any of the
conditions of approval or mitigation measures previously adopted for the Trump
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National Golf Club project. All previously adopted conditions of approval and
mitigation measures shall remain in effect and are to be satisfied.
PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE:
20. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
21. A drainage plan shall be reviewed and approved by the Public Works Department.
22. A Uniform Planning Application signed by the property owner at 32045 Isthmus View
Drive (Lot No. 10) shall be submitted, which authorizes the Applicant to complete 60
yd3 of grading on the property at 32945 Isthmus View Drive.
23. The Applicant shall obtain a Temporary Construction Easement from the property
owner of Lot 10 (32045 Isthmus View Drive) granting the rights to construct, grade,
improve and other necessary work, including the operation of equipment, and the
movement of a work force, over, upon and across the described easement, together
with the right of ingress and egress.
PRIOR TO ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY:
24. The developer shall show on the plans a sump pump system that includes a back-up
sump pump and back-up generator, subject to review and approval by the City's
Building Official.
25. Sump pump and sewerage pump shall not be located within the front yard setback
and shall be at least 10 feet from any side property line.
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