PC RES 2023-010 P.C. RESOLUTION NO. 2023-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
CONDITIONAL USE PERMIT AMENMENT NO. 1 TO
CONDITIONAL USE PERMIT NO. 23 REVISION T, A MAJOR SITE
PLAN REVIEW, AND MINOR GRADING PERMIT TO ALLOW THE
CONSTRUCTION OF A NEW PATIO AREA WITH A SWIMMING
POOL AND SPA, A BUILT-IN BARBECUE, RELATED
MECHANICAL EQUIPMENT AND 41.3 YD3 OF GRADING TO
ACCOMMODATE IMPROVEMENTS WITH A 39.6% LOT
COVERAGE (CASE NO. PLCU2023-0002).
WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use
Permit No. 23 (CUP No. 23), establishing a residential planned development (RPD)
comprised of Tract Nos. 32574, 32991 and 34834, which was then recorded on January
4, 1980; and,
WHEREAS, on September 9, 1986, the Planning Commission adopted (and
supplemented on August 23, 1989) the Seacliff Hills Development Guidelines in
recognition of the need for greater sensitivity and design flexibility in the construction of
the custom homes in these tracts; and,
WHEREAS, in 1987, the residence on the subject property was approved and
subsequently revised pursuant to CUP No 23 Revision "T" in 1988; and,
WHEREAS, on January 20, 2023, the property owner submitted an application for
a revision to CUP No. 23 and a grading permit application for the construction of ancillary
rear yard improvements including a patio area, swimming pool, related equipment,
barbeque, retaining wall and 41.3 yd3 of grading; and,
WHEREAS, after various resubmittals and reviews by Staff, the project
applications were deemed complete for processing on June 22, 2023; and,
WHEREAS, On June 22, 2023, a public notice was published in the Palos Verdes
Peninsula News and mailed to all property owners located within 500 feet radius of the
site, resulting in one email in response to the public notice; 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 15301 (Existing Facilities) and 15303 (Construction and Conversion of Accessory
Structures) of the California Guidelines for Implementation of CEQA. Specifically, the
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project is located where existing public services and facilities are available; and is not in
an environmentally sensitive area; and
WHEREAS, on July 11, 2023, the Planning Commission held a duly-noticed public
hearing, 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 hereby approves Amendment T to
Conditional Use Permit (CUP) No. 23, providing for the following amendments
A CUP Revision to allow the following ancillary site improvements:
1. The construction of a new patio area with a 39.6% lot coverage to
accommodate the proposed improvements:
a A swimming pool and spa;
b Associated pool equipment, and
c. A built-in barbecue counter
B Minor Grading Permit to allow:
1. 41.3yd3 of grading for the new patio area consisting of:
a. 21.03 yd3 of cut
b 20.27 yd3 of fill
c. Retaining walls up to'3.5 feet in height with railing up to 6.58 feet
Section 2. In support of the amendment, the Planning Commission makes the
following findings related to the CUP Revision:
A The site is adequate in size and shape to accommodate the use and for all of the
yards, setbacks, walls, fences, landscaping and other features required by CUP
No. 23 or by conditions imposed under this section to integrate said use with those
on adjacent land and within the neighborhood. More specifically, pursuant to CUP
No. 23, this lot was originally approved in 1987 and then revised in 1988 for a
redesign of the single-family residence, garage, and ancillary improvements
resulting in 33% lot coverage. While the maximum allowed lot coverage for a
downslope lot is 30% under CUP No. 23 and Seacliff Hills Development
Guidelines. A condition unique to the Seacliff Hills tracts is that lot coverage also
includes any area altered and not returned to its existing condition. The proposed
project would be similar in lot coverage in that the project is proposing a similar
layout to several of the existing properties on Palo Vista Drive and Seacliff Drive,
in that they would have a patio and pool area located in the rear yard, directly
adjacent to the main residence. Additionally, the subject property is unique in that
it is a smaller lot size with a large driveway (approximately 1,316 ft2), which
contributes significantly to the overall lot coverage of the project site.
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B The site relates to streets and highways sufficient to carry the type and quantity of
traffic generated by the use. More specifically, the property is served by two
existing public streets (Palo Vista Drive and Seacliff Drive) that serve all 36 lots on
those two streets and connect to Palos Verdes Drive South. The project will not
alter the nature of traffic generated by the lot as compared to the originally-
approved residence and rear yard area.
C. In approving the use at the specific location, there will be no significant adverse
effect on adjacent properties or the permitted use thereof. The patio and ancillary
structures will not significantly impair views observed from the adjacent properties
(3412 and 3354 Palo Vista Drive). The existing residence on the subject property
is set slightly further south (towards Palos Verdes Drive South) and oriented more
toward the west than the two adjacent properties, and therefore the existing
residence already screens some of the adjacent properties' views of Catalina
Island and the ocean. The properties located to the North are at a high elevation
(approximately 43 feet) and the rear yard for the subject property is not visible, and
therefore the proposed project does not create a view impairment..
D The proposed use is not contrary to the General Plan More specifically, the
General Plan Land Use designation for the 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. Conditions regarding any of the requirements listed above which the Planning
Commission finds to be necessary to protect the health, safety and general
welfare, have been imposed in the attached Exhibit "A."
Section 2: The Planning Commission finds that the approval of a Minor Grading
Permit is warranted because:
A The grading does not exceed that which is necessary for the permitted primary use
of the lot. The primary use of the lot is residential, as identified in the City's General
Plan and Zoning map. The proposed grading is to accommodate the swimming
pool, spa, and patio, which are accessory to the primary residential use of the lot.
Since a total of 41.3 yd3 of grading is proposed along with a new retaining wall up-
to 3 5 feet in height in order to accommodate the proposed improvements, a Minor
Grading Permit is required. The issuance of a Minor Grading Permit is a ministerial-
level action, however, as the proposed grading is an integral part of the proposed
project and the requested CUP Revision; the Minor Grading Permit is also
presented to the Planning Commission for consideration. The proposed grading
entails a total of 890.5 square feet of disturbed area within the rear yard, including
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21.03 yd3 of cut and 20.27 yd3 of fill in order to accommodate the patio area,
swimming pool and built-in barbeque. The proposed grading allows the property
owner a better use of the property including exterior site improvements, in a similar
fashion to neighboring properties. Additionally, the resulting topography of the
subject property will generally be maintained as observed from Palos Verdes Drive
South
Section 3: The Planning Commission finds that the approval of a Site Plan
Review Permit is warranted because.
A The proposed ancillary improvements which include a patio area, swimming pool
meet all of the general development guidelines such as setbacks and height
requirements. Outside the required setbacks, these improvements do not exceed
12 feet in height as measured from adjacent finished grade. These improvements,
including the proposed built-in barbeque also do not exceed 6 feet in height within
the side and rear yard setbacks.
Section 4: 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 Wednesday, July 26, 2023. 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 Wednesday, July 26, 2023
Section 5: 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 2023-
10, approving a conditional use permit revision, a major site plan review and minor
grading permit to allow the construction of a new patio area with a swimming pool and
spa, a built-in barbecue, related mechanical equipment and 41 3 yd3 of grading to
accommodate these improvements and to allow the lot coverage to increase from 33%
to 39 6% at 3042 Palo Vista Drive, subject to the Conditions of Approval contained in the
attached Exhibit "A"
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PASSED, APPROVED AND ADOPTED this 11th day of July 2023, by the following vote
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, VICE-
CHAIR SANTAROSA AND CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONERS BRACH AND SAADATNEJADI
David Chura
Chair
Octavio Silva
Interim Director of Community Development; and,
Secretary of the Planning Commission
4P.C. Resolution
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Exhibit "A"
Conditions of Approval
Conditional Use Permit Amendment No. 1 to Conditional Use Permit No. 23 Revision T,
Major Site Plan Review, and Minor Grading Permit
Case No. PLCU2023-0002
General Conditions:
1. Prior to 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
Exhibit "A". Failure to provide said written statement within 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, by persons other than the Applicant, 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 Section 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.
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
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to the residential development standards of the City's Municipal Code, including
but not limited to height, setback and lot coverage standards.
7. The project development on the site shall conform to the Planning Commission-
approved plans and to the specific standards contained in these conditions of
approval or, if not addressed herein, shall conform to the RS-1 residential
development standards and the Seacliff Hills Development Guidelines.
8 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 Section 17.86.060 or administrative citations as described in
RPVMC Chapter 1.16.
9 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
Section 17.86.070 within one year of the final effective date of this Resolution,
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.
10. 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.
11 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
12 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.
13. 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.
14. 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
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shall be placed in a location that will minimize disturbance to the surrounding
property owners, to the satisfaction of the City's Building Official
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 Section
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 If 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, the Applicant shall provide temporary construction fencing, as
defined in RPVMC Section 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.
17. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering
Project Specific Conditions
18. This approval shall allow for construction and/or installation of the following:
A. CUP Revision to allow the following ancillary site improvements:
1. The construction of a new patio area with a 39.6% lot coverage to
accommodate the proposed improvements:
a A swimming pool and spa;
b Associated pool equipment; and
c. A built-in barbecue counter
B Minor Grading Permit to allow:
1 . 41.3yd3 of grading for the new patio area consisting of:
a 21.03 yd3 of cut
b 20.27 yd3 of fill
c Retaining walls up to 3 5 feet in height with railing up to 6 58 feet
19. Unless otherwise approved by these conditions or modified by the approval of
future planning applications, the approved rear yard improvements shall maintain
the following setbacks:
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Front yard setback -- 25 feet average / 20 feet minimum
Interior side yard setbacks — 10 feet minimum per side / 25 feet minimum total of
both sides
Rear yard setback -- 25 feet average/ 20 feet minimum
BUILDING SETBACK CERTIFICATION IS REQUIRED to be provided by a
licensed land surveyor or civil engineer prior to foundation forms inspection
20 Per the Municipal Code, Section 17.02.040(B)(3)(4), based on a foliage analysis
conducted on June 29, 2023, the following foliage shall be trimmed or removed
prior to building permit issuance in order to protect the view from surrounding
viewing areas: remove the lower frond leaves from the three Palm Trees located
in the northwest corner of the front yard and the tree Palm Trees located in the
southeast corner of the rear yard The owner of the property is responsible for
maintaining, in perpetuity, all foliage on the property, which exceeds 16 feet in
height, as measured from the base of the tree or which exceeds the lowest
adjacent ridge line of the primary structure, whichever is lower, so as not to
significantly impair the view from surrounding view areas.
21 PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE, the colors and
materials of the proposed project shall be reviewed and approved for compatibility
with the existing residence to the satisfaction of the Director of Community
Development.
22. Unless modified by the approval of a future revision to Conditional Use Permit
No. 23, the approved project shall maintain a maximum of 39.6% lot coverage.
PRIOR TO BUILDING AND/OR GRADING PERMIT FINAL INSPECTION,
CERTIFICATION OF PROJECT AREA IS REQUIRED, to be provided by a
licensed land surveyor or civil engineer.
23, Haul routes to transport soil shall be approved by the Public Works Division prior
to issuance of any Grading or Building permit.
24. New slopes shall not exceed 66% adjacent to the driveway and 35% elsewhere on
the property.
25. Exterior residential lighting shall be in compliance with the standards of RPVMC
Section 17.56.030 and the Seacliff Hills Development Guidelines. 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.
26. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
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27 The approved pool/spa shall maintain minimum setbacks of 3ft from the rear or
interior side property lines
28. A pool enclosure shall be. required. Enclosure must consist of 5' to 6' tall fence or
wall with a self-closing, self-latching gate
29. The approved mechanical equipment unit shall be screened from view from
adjacent public' right-of-way with foliage or other appropriate screening
30. The maintenance or operation of mechanical equipment, including but not limited
to AC units or pool filters, generating noise levels in excess of 65 dBA as measured
from the closest property line shall constitute a public nuisance in accordance to
Chapter 8.24 of the RPVMC.
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