PC RES 2021-021 P.C. RESOLUTION NO. 2021-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
MAJOR GRADING PERMIT TO ALLOW 2,445 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 6,445 FT2
SINGLE-FAMILY RESIDENCE AND ANCILLARY SITE
IMPROVEMENTS AT 32031 ISTHMUS VIEW DRIVE (CASE NO.
PLGR2021-0023).
WHEREAS, on January 5, 2021, Anthony Ogundipe ("Applicant") submitted a
Conditional Use Permit (CUP) Revision, Major Grading Permit, and Site Plan Review
applications, requesting approval to construct a new 6,445 ft2 split-story residence and
ancillary site improvements with 2,445 yd3 of associated grading on a vacant pad lot at
32031 Isthmus View Drive, in the City of Rancho Palos Verdes; and
WHEREAS, on September 21, 2021, the City Council adopted Resolution No. 2021-
47 and 2021-48, approving CUP Revision "GGG"to allow a change in the maximum building
height for Lot No. 11 of Tract No. 50667 (also known as 32031 Isthmus View Drive) to allow
for a partially subterranean basement, exterior basement patio area, and driveway access
to a partially subterranean garage for a new single-family residence; and
WHEREAS, on November 11, 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
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:
P.C. Resolution No. 2021-21
Page 1 of 8
Section 1: The Planning Commission approves the Major Grading Permit to
conduct 2,445 yd3 of grading, consisting of 2,425 yd3 of cut and 20 yd3 of fill with 2,405 yd3
of export, with a maximum depth of cut at 11.8 ft and fill at 1.5 ft, based on the following
findings:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The proposed 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 6,000 ft2 of habitable space. The proposed 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. One of the main
reasons in proposing a driveway access to a partially subterranean garage is due to
the narrow width of the front yard area on the trapezoid-shaped lot that does not allow
much flexibility in the design to accommodate a garage and residence on the same
level. The Applicant is proposing to grade the building pad in order to work with the
unique shape 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
proposed grading will accommodate subterranean structures and will not raise the
ridgeline of the proposed 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 proposed 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
the existing manufactured slope, it will appear reasonably natural given that gradual
slopes and terraced planters are proposed 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 (11.8 ft cut is proposed) to accommodate the residence and ancillary site
improvements, along with more than one retaining wall up to 3.5 ft in height (three
upslope walls up to 5.5 ft in height and two walls up to 8 ft in height adjacent to
P C Resolution No 2021-21
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driveway are proposed) will be required. The grading may be 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 proposed 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
proposed 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 proposed 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 proposed 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.
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-
21, approving the Major Grading Permit to allow 2,445 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 6,445 ft2 single-
family residence and ancillary site improvements, subject to the Conditions of Approval
contained in the attached Exhibit "A".
P C Resolution No 2021-21
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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: NONE `Lvwx ' 5 s r b € - P-A-/1, `r
Ste en Perestam
Chair
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Ken Rukavina, PE
Director of Community Development; and,
Secretary of the Planning Commission
P C Resolution No 2021-21
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLGR2021-0023
(MAJOR GRADING PERMIT)
32031 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.
P.C. Resolution No 2021-21
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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 2,445 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 6,445 ft2 single-family
residence and ancillary site improvements.
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
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
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Division, shall be approved by the City's Geologist.
21. A drainage plan shall be reviewed and approved by the Public Works Department.
PRIOR TO ISSUANCE OF A CERTIFICATE OF USE AND OCCUPANCY
22. 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.
P C Resolution No 2021-21
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