CC RES 2003-024RESOLUTION NO. 2003-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING
COMMISSION'S DENIAL OF A REQUEST FOR A CONDITIONAL USE
PERMIT REVISION (CASE NO. ZON2002- 00282) TO ALLOW REVISIONS TO
THE DEVELOPMENT STANDARDS FOR THE PROPERTIES AT 32, 349 369
AND 38 VIA DEL CIELO (LOTS 369 379 78 AND 79 OF TRACT MAP NO.
46628 (OCEANFRONT)) TO ALLOW 14,000 CUBIC YARDS OF ADDITIONAL
ROUGH GRADING TO LOWER THE REAR PORTIONS OF THE LOTS AND
CREATE PAD LOTS; TO ALLOW THE CONSTRUCTION OF TWO- STORY,
RATHER THAN SPLIT - LEVEL, HOMES ON THESE LOTS; AND TO ALLOW
THE PHASED RE- GRADING AND REVEGETATION OF CITY -OWNED LOT
80 OF TRACT MAP NO. 46628.
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, on 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 then was appealed to the California
Coastal Commission on February 26, 2001 and has been held in abeyance since that time;
and,
WHEREAS, on July 10, 2001, the Planning Commission adopted P.C. Resolution
No. 2001 -16, denying without prejudice Conditional Use Permit No. 158- Revision `D' and
Coastal Permit No. 94- Revision `B' for a proposal to allow the main roof ridgeline of the
residence at 74 Via del Cielo (Lot 33 of Tract 46628) to be oriented less- than - perpendicular
to Palos Verdes Drive West; and,
WHEREAS, on September 25, 2001, the Planning Commission adopted P.C.
Resolution No. 2001 -31, approving Conditional Use Permit No. 158- Revision `E' for
revisions to the tract development standards to allow the encroachment of 30- inch -tall
planters, seat walls and fire pits and 42- inch -tall pool equipment and built -in barbecues into
the rear -yard setback areas; and,
WHEREAS, on June 10, 2002, the applicant, Makallon RPV Associates LLC,
submitted an application for a further revision to Conditional Use Permit No. 158 (Planning
Case No. ZON2002- 00282) to allow the reconfiguration of Lots 36, 37, 78 and 79 of Tract
46628, also known as 32, 34, 36 and 38 Via del Cielo, from upslope lots to pad lots; and,
WHEREAS, on July 8, 2002, the application for Planning Case No. ZON2002 -00282
was deemed complete by Staff; and,
WHEREAS, on August 13, 2002, the Planning Commission adopted P.C. Resolution
No. 2002 -21, denying the requested revision to Conditional Use Permit No. 158 (Planning
Case No. ZON2002- 00282) without prejudice; and,
WHEREAS, on August 26, 2002, the applicant filed a timely appeal of the Planning
Commission's action denying the requested revision to Conditional Use Permit No. 158
(Planning Case No. ZON2002- 00282); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing to consider
said appeal on October 15, 2002, November 19, 2002, January 21, 2003, February 18,
2003, March 4, 2003 and March 18, 2003, at which time all interested parties were given
an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council overturns the Planning Commission's action of
August 13, 2002, and makes the following findings of fact with respect to the request for a
conditional use permit revision (Case No. ZON2002- 00282) to modify the development
standards for Lots 36, 37, 78 and 79 of Tract Map No. 46628:
A. The site is adequate in size and shape to accommodate the proposed project
because the size of the existing lots does not need to be altered in order to
accommodate the proposed full, 2 -story homes. Although the original approval of
Conditional Use Permit No. 158 and Vesting Tentative Tract Map No. 46628 called
for the homes on these lots to present a single -story facade to the open space area
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and Palos Verdes Drive West at the rear, the overall height of the full, 2 -story
homes will be slightly lower than the approved, upslope split -level homes would
have been. In addition, the conditions of approval for this revision will require the
lower facade areas of these homes to be screened by landscaping and a graded
berm so that the appearance of the rear facade will be substantially the same as
that of a single -story home, as viewed from Palos Verdes Drive West.
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. The subject properties are
served by Via del Cielo, a public street, and the proposed re- grading of these lots
and the change in house type will have no effect upon the sufficiency of adjacent
public streets to provide access to them.
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
additional grading for the reconfiguration of these four lots will be contained within
the Oceanfront community. This is consistent with the 1992 approvals and
environmental impact report (EIR) for the Oceanfront project, which assumed that
all rough grading on the site would be balanced, with no import or export of material.
The additional grading will be conducted in full conformance with all of the existing
conditions of approval for the Oceanfront project, as they relate to construction
hours, dust control and other grading - related issues.
D. The proposed use is not contrary to the General Plan, which includes goals and
policies acknowledging "[scenic] views [as] one of the most valuable natural
resources... on the Peninsula" (General Plan, p. 77). The conversion of the subject
lots from upslope to pad configuration would allow for the development of homes on
these lots that are no more massive or bulky in appearance, particularly as viewed
from the rear, as would be otherwise permitted by the conditions of approval for the
Oceanfront project. In addition, the upper levels of the full, 2 -story homes would be
slightly shorter and narrower than those of the approved upslope, split -level homes,
which would serve to reduce the visual impact of the rear elevations of these
homes, as viewed from other homes in the Oceanfront community and adjacent City
property and public right -of -way.
E. The proposed project is consistent with the performance criteria of the OC -3 (Urban
Appearance) overlay control district, which state 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 proposal to re -grade the subject lots does
not have the potential to adversely affect public views that are identified in the City's
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General Plan and Coastal Specific Plan because the change in lot type will not
increase the overall height of the homes on the subject lots, and the proposed 2-
story homes will maintain adequate side -yard setbacks to protect view corridors.
F. Conditions -of approval, which the City Council finds to be necessary to protect the
health, safety and general welfare, have been imposed. These conditions include
landscaping and soil berms to screen the appearance of the full, 2 -story homes; the
submittal of detailed grading plans for City -owned Lot 80; and requirements for the
full, 2 -story homes to be consistent with the plans presented to the City Council.
Section 2: The City Council finds that the phased re- grading and revegetation of
City -owned Lot 80 of Tract Map No. 46628 is consistent with the approved 4(d) permit for
the Oceanfront community, issued by the City on June 3, 1997 as Resolution No. 97 -49.
Pursuant to the original project approvals and the 4(d) permit, existing coastal sage scrub
(CSS) habitat on Lot 80 was to be preserved in place, with a total of fifteen (15) acres of
CSS habitat were to be preserved and /or enhanced on Lot 80. The phased re- grading of
Lot 80, which has been extensively disturbed by previous construction activity, will prepare
the site for revegetation in accordance with the 4(d) permit.
Section 3: 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), the City Council found no evidence that the approval of Planning Case
No. ZON2002 -00282 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 the
proposed project results in no new environmental impacts that were not previously
addressed in Final Environmental Impact Report No. 35.
Section 4: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
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 City Council of
the City of Rancho Palos Verdes hereby conditionally approves the request for a
conditional use permit revision (Case No. ZON2002- 00282) to allow revisions to the
development standards for the properties at 32, 340 36, and 38 Via del Cielo (Lots 36, 377
78 and 79 of Tract Map No. 46628 (Oceanfront)) to allow 14,000 cubic yards of additional
rough grading to lower the rear portions of the lots and create pad lots; to allow the
construction of two- story, rather than split - level, homes on these lots; and to allow the
phased re- grading and revegetation of City -owned Lot 80 of Tract Map No. 46628.
Resolution No. 2003 -24
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Attest:
PASSED, APPROVED, AND ADOPTED this 15 of April 2003.
Mayor
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2003 -24 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on April 15, 2003.
City Clerk
Resolution No. 2003 -24
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR A CONDITIONAL USE PERMIT REVISION (CASE NO. ZON2002- 00282)
(Oceanfront, Tract No. 46628)
General
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
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. This approval is for the modification of Lots 36, 379 78 and 79 of Tract Map
No. 46628 to convert them from upslope, split -level lots to pad lots; to allow
approximately 14,000 cubic yards from these for lots to be placed on Lot 80 of Tract
Map No. 46628; and to change the approved house type for these four lots from an
upslope, split -level (Plan 6) to a full, 2 -story (Plan 14). The Director of Planning,
Building and Code Enforcement 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. Otherwise, any substantive change to the project shall
require approval of a revision to Planning Case No. ZON2002 -00282 by the City
Council and shall require new and separate environmental review.
3. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS -1 district
development standards of the City's Municipal Code and the special development
standards for the Oceanfront community pursuant to Conditional Use Permit
No. 158, et al. and revisions thereto. Said development shall also be consistent
with the photographic view simulations reviewed by the City Council on January 21,
2003 and February 18, 2003.
4. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the City Council after conducting a
public hearing on the matter.
5. 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.
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6. Unless otherwise designated in these conditions, all grading and construction shall
be completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this Resolution.
7. Unless otherwise designated in these conditions, the approved project shall be
subject to all of the conditions of approval for Vesting Tentative Tract Map
No. 46628, Final Environmental Impact Report No. 35, Conditional Use Permit
No. 158, Coastal Permit No. 94 and Grading Permit No. 1439, as originally adopted
by the City Council on March 17, 1992, and revised from time to time. Said
conditions of approval are incorporated herein by this reference.
Development of Lots 36, 37, 78 and 79
8. Condition No. S.1. of Resolution No. 92 -27 is hereby amended to read as follows
(additions underlined, deletion �sk- e1+f):
"S. HEIGHTS
1. Building heig
Lots 1 — 3
Lots 4 — 28
Lots 29 — 35
Lots 36 — 37
Lots 38 — 39
Lots 40 — 53
Lots 54 — 57
Lots 58 — 72
Lots 73 — 77
Lots 78 — 79
�hts for all residential structures are limited as follows:
26 feet
16 feet u pslope /26 feet downslope
16 feet
26 feet
16 feet
16 feet upslope /26 feet downslope
26 feet
18 feet
18 feet
26 feet n
"
9. The final plans for the Plan 14 residence submitted to the Building and Safety
Division for plan check shall be substantially consistent with the floor plans and
elevations presented to the City Council on February 18, 2003, subject to the review
and approval of the Director of Planning, Building and Code Enforcement. The
Plan 14 residences constructed on Lots 36, 37, 78 and 79 shall not include optional,
second -floor living areas above the single -story portions of the family -room wing
and /or garage wing.
10. Prior to the issuance of building permits for any and each of the Plan 14 residences,
the developer shall obtain the approval of a site plan review application or precise
grading application to the Director of Planning, Building and Code Enforcement.
Each Plan 14 residence shall comply with the required setbacks, lot coverage,
parking requirements, maximum living area and other development standards of the
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Oceanfront community that were imposed as conditions of approval upon the
Conditional Use Permit and Vesting Tentative Tract Map.
11. Prior to the issuance of grading permits for any and each of the four subject lots, the
developer shall submit a detailed grading plan for the review and approval of the
Director of Planning, Building and Code Enforcement, the City Engineer and the
Building Official. Said grading plan shall allow for the net removal of approximately
14,000 cubic yards of soils from Lots 36, 37, 78 and 79, to be re- distributed on the
adjacent City -owned Lot 80. The grading of all four lots shall be conducted
concurrently and shall be completed in accordance with the time limits established
by these conditions.
12. Prior to the issuance of building permits for any and each of the four subject lots,
the developer shall submit a detailed landscape plan for the rear slopes of Lots 36,
377 78 and 79, for the review and approval of the Director of Planning, Building and
Code Enforcement. Said landscape plan shall incorporate plantings of a size, type
and density that will provide visual screening of the lower levels of these four
houses from the public right -of -way of Palos Verdes Drive West, consistent with the
photographic simulations presented to the City Council on January 21, 2003 and
February 18, 2003, and without interfering with the view corridors between the four
houses. The rear -slope landscaping on Lots 36, 37, 78 and 79 shall be completed
within thirty (30) days of building permit final for any and each of the four subject
lots. The future owners of Lots 36, 377 78 and 79 and their successors in interest to
these lots shall be obligated to maintain this rear -slope landscaping in a manner that
will continue to provide visual screening of the lower levels of these four houses
without significantly impairing the view from the viewing area of any other
residence(s) or from the public right -of -way of Palos Verdes Drive West.
Re- Grading and Revegetation of Lot 80
13. Prior to the issuance of grading permits for any and each of the four subject lots, the
developer shall submit a detailed grading plan for Lot 80, for the review and
approval of the Director of Planning, Building and Code Enforcement, the City
Engineer and the Building Official. Said grading plan shall allow for the phased
placement of fill on Lot 80, consistent with the conceptual grading and revegetation
plan reviewed by the City Council on April 15, 2003, which is incorporated herein by
this reference:
Phase 1: ±227000 CY from Lots 36, 377 78 and 79 and precise grading
of remaining vacant lots
Phase 2: ±307000 CY from precise grading of remaining vacant lots
Phase 3: ±127000 CY from precise grading of remaining vacant lots
Resolution No. 2003 -24
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14. Implementation of Phase 1 grading on Lot 80 shall be carried out concurrently with
the rough grading of Lots 36, 37, 78 and 79. Phase 1 grading shall include the
creation of an earthen berm near the westerly edge of Lot 80 to provide visual
screening of the lower levels of the four houses on Lots 36, 37, 78 and 79 from the
public right -of -way of Palos Verdes Drive West. The height of the top of the earthen
berm shall be sufficient to screen the single -story portions of the four houses on
Lots 36, 37, 78 and 79, and shall not interfere with the view corridors between the
four houses. Phase 1 grading on Lot 80 shall be completed and certified:
a. Prior to or concurrent with the rough grade certification for Lots 36, 372 78
and 79; and,
b. Prior to the issuance of building permits for any and each of the Plan 14
residences on these lots.
15. Implementation of Phase 1 revegetation on Lot 80 shall be carried out concurrently
with the precise grading and development of the Plan 14 residences on Lots 36, 379
78 and 79. Phase 1 revegetation shall be completed and certified by the
developer's biological consultant prior to building permit final for any and each of the
Plan 14 residences on these lots.
16. Notwithstanding the provisions of Condition Nos. 14 and 15 of this Resolution,
Phase 1 grading and revegetation of Lot 80 shall be completed and certified by the
developer's biological consultant within one year of the effective date of this
Resolution.
17. Implementation of Phases 2 and 3 of the conceptual grading and revegetation plan
for Lot 80 shall be completed as precise grading spoils from the future development
of the remaining vacant lots in Tract No. 46628 are made available. Revegetation
of Phases 2 and 3 of Lot 80 shall commence upon the completion and certification
of grading for each respective phase, and in accordance with a timetable to be
approved by the U.S. Fish and Wildlife Service (USFWS) and the California
Department of Fish and Game (CDFG).
18. All revegetation on Lots 80, 81 and 82 of Tract 46628 shall be completed in
accordance with the 4(d) permit issued by the City on June 3, 1997 (Resolution
No. 97 -49) and the "Coastal Sage Scrub Mitigation Program for Vesting Tentative
Tract Map No. 46628, City of Rancho Palos Verdes, California," prepared by
BonTerra Consulting and dated December 8, 1997. Said documents are
incorporated herein by this reference. The remainder of the revegetation of Lots 81
and 82 shall be completed in accordance with a timetable to be approved by the
U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and
Game (CDFG).
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