PC RES 1993-016P.C. RESOLUTION NO. 93-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES UPHOLDING THE
APPEAL AND OVERTURNING THE DIRECTOR'S DENIAL
OF HEIGHT VARIATION NO. 768 AND APPROVING
GRADING PERMIT NO. 1668 AND 1681, AND COASTAL
PERMIT NO. 113 FOR CONSTRUCTION OF A NEW TWO
STORY RESIDENCE ON PROPERTY LOCATED AT 330.0
PALOS VERDES DRIVE WEST.
WHEREAS, on October 9, 1992, Mr. and Mrs. James La Barba
submitted applications for a Height Variation No. 768, Grading
Permit 1668, and Coastal Permit No. 113 to allow construction of a
new two story residence on property located at 3300 Palos Verdes
Drive West, which is located within the Coastal Zone; and
WHEREAS, on February 23, 1993, the Lunada Pointe Homeowner's
Association submitted an application for Grading Permit No. 1681,
in conjunction with the above applications, to allow export of
material from Grading Permit No. 1668 to be used as fill material
in Common Open Space Lot No. 26, located within Tract No. 40640;
and
WHEREAS, on March 18, 1993, after careful consideration of the
Height Variation request, the Director of Environmental Services
denied the project based on the determination that the proposed
construction would significantly and cumulatively impair a
protected view from the Palos Verdes Drive West right-of-way, which
is identified in the City's General Plan and Coastal Specific Plan;
that the structure was not designed and situated in such a manner
as to minimize impairment of a view; and that the project would not
be compatible with the immediate neighborhood character due to its
size and bulk; and
WHEREAS, on March 19, 1993, less than fifteen (15) days after
the Director's decision, the applicant filed an appeal of the
Height Variation denial to the Planning Commission; and
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Development Code, the Planning Commission held
public hearings on May 25 and July 13, 1993, at which time all
interested parties were given an opportunity to be heard and
present evidence; and
WHEREAS, on May 25, 1993, the Planning Commission directed
Staff and the applicant to redesign the structure to reduce view
impairment from Palos Verdes Drive West; and
WHEREAS, on July 13, 1993, after reviewing revised plans, the
Planning Commission directed Staff to prepare Resolutions and
Conditions of Approval for the project as modified.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The applicant has complied with the early
neighbor consultation process in that signatures from 100 percent
of the property owners within 100 feet of the subject property and
from 54 percent of the property owners within 500 feet of the
subject property have been obtained.
Section 2: As revised, the project does not significantly
impair the view from public property which has been identified in
the City's General Plan, Coastal Specific Plan or City designated
viewing areas because several existing trees, located on the
subject property and the Lunada Pointe common open space, that
currently impair the view will be removed to restore views from
Palos Verdes Drive West. The Planning Commission also finds that
the views across this property were not intended to be protected by
the General Plan and Coastal Specific Plan because the subject
property is located adjacent to, but not within, viewing cones
identified in the Coastal Specific Plan.
Section 3: The proposed structure is not located on a
ridge or promontory.
Section 4: The structure is designed and situated in such
a manner to minimize impairment of a view because the approved
plans, as revised, include a one foot reduction in the maximum
height of the structure.
Section 5: The project will not cause significant
cumulative view impairment because views from Palos Verdes Drive
West, across the three properties located south of the subject
property, would be blocked by structures up to a maximum height of
sixteen (16) feet, if these structures were to be built at the
front setback pursuant to the provisions of the Rancho Palos Verdes
Development Code.
Section 6: The proposed structure, when considered
exclusive of existing foliage, does not significantly impair a view
from the viewing area of another parcel because homes located
upslope from the subject property enjoy panoramic views of the
ocean. While some of these properties may have a small portion of
the ocean view impaired, this was determined to be not significant.
Section 7: The proposed structure complies with all other
code requirements in that a minimum setbacks will be maintained,
and a minimum of 75 percent of the property will remain as open
space.
P.C. Resolution No. 93-16
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Section 8: The project will be compatible with the
immediate neighborhood character• because the property is located
adjacent to the Lunada Pointe development which has homes similar
in size, bulk, and architectural style to the proposed structure.
Section 9: The Planning commission reviewed revised plans
on July 13, 1993, which included both a reduction in the structural
height of the project as well as increased grading. The Planning
Commission determined that the additional grading proposed through
the revised plans did not proportionately result in increased
views. Based on this determination, the Planning commission
accepts the original grading plans submitted on November 2, 1992
and the revised structural plans submitted on July 7, 1993 through
this approval. Because the amount of export required as part of
the originally submitted grading plans will be reduced by filling
the existing driveway access easement across the Lunada Pointe
common open space Lot No. 26, the grading is not excessive beyond
that necessary for the primary use of the lot.
Section 10: The grading and or construction does not
significantly adversely affect the visual relationships with, nor
the views from, neighboring sites because the grading will reduce
view impairment from the pubic right-of-way and no private views
will be affected by the construction.
Section 11: The nature of the grading minimizes disturbance
to the natural contours and finished contours will be reasonably
natural since the site has been previously graded to create a pad
area.
Section 12: The proposed development is in conformance with
the Coastal Specific Plan because views from the public right-of-
way will be restored by the trimming and removal of existing
vegetation. Additionally, the Planning Commission has determined
that views from this site were not intended to be protected by the
Coastal Specific Plan because the subject property is located
adjacent to, but not within, viewing cones identified in the
Coastal Specific Plan. Further, both the applicant and the Lunada
Pointe Homeowner's Association will each be required to record a
Covenant to Maintain Property to Protect Views prior to submittal
of plans to the division of Building and Safety.
Section 13: That the proposed development is in conformance
with the applicable public access and recreation policies of the
Coastal Act because it is not located between the sea and the first
public road.
P.C. Resolution No. 93-16
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Section 14: For the foregoing reasons and based on
information and findings contained in the Staff Report, Minutes,
and records of the proceedings, the Planning Commission of the City
of Rancho Palos Verdes hereby upholds the appeal of Height
Variation No. 768, thereby overturning the Director's denial and
approves Grading Pdrmit Nos. 1668 and 1681 and Coastal Permit No.
113 for construction of a new two story single family residence on
property located at 3300 Palos Verdes Drive West, subject to the
Conditions of Approval contained in Exhibit "A", which are
necessary to protect the public health, safety, and welfare.
PASSED, APPROVED, and ADOPTED this 27th day of July 1993.
x, -
Bret B.err/ard,)AICP, Director of
Environlent&l Se vices and
Secretary to the Commission
Robert Kather=
Chairman
P.C. Resolution No. 93-16.
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EXHIBIT "A"
CONDITIONS OF APPROVAL
HEIGHT VARIATION NO. 768 - APPEAL
GRADING PERMIT NOS. 1668 AND 1681
COASTAL PERMIT NO. 113
3300 PALOS VERDES DRIVE WEST
1. Within fifteen (15) days the applicants and the Lunada Pointe
Homeowner's Association shall submit, in writing, a statement
that they have read, understand, and agree to all conditions
of approval contained in this exhibit.
2. Prior to submittal of plans to the Building and Safety
division for plan check, the applicant shall submit to the
City a Covenant to Maintain Propprty to Protect Views.
3. Prior to submittal of plans to the Building and Safety
division for plan check, the Lunada Pointe Homeowner's
Association, or their designee, shall remove all trees and
shrubs located within Common Open Space Lot No. 26 within
Tract 40640 that impair views from the public right-of-way, to
the satisfaction of the Director of Environmental Services.
Prior to submittal of plans to the Division of Building and
Safety for plan check, the Lunada Pointe Homeowner's
Association shall also submit to the City a notarized Covenant
to Maintain Property to Protect Views within Tract 40640,
Common Open Space Lot No. 26.
4. All mature Canary Island palm trees (Phoenix canariensis) may
remain as is on the property. Prior to submittal of plans to
the Division of Building and Safety for plan check, the two
(2) existing olive trees (Olea europea) located in front of
the existing structure, one (1) primrose tree (Lagunaria
patersonii) located at the southeastern corner of the
structure, and one (1) xylosma tree (Xylosma congestum)
located at the north eastern corner of the structure shall be
trimmed, culled, and laced to a maximum height of sixteen (16)
feet, unless documentation is submitted to the satisfaction of
the Director of Environmental services, that trimming to the
specified height will jeopardize the health of the trees. All
other trees shall be removed from the property to restore
views from Palos Verdes Drive West.
5. Maximum height of the structure shall not exceed 23 feet,
provided that the garage is physically attached to the main
structure. The maximum ridge elevation shall not exceed 282
feet as measured from elevation 259 located at the northeast
corner of the garage. CRITICAL - RIDGE CERTIFICATION
REQUIRED.
P.C. Resolution No. 93-16
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6. A maximum total of 2,982 cubic yards of grading is permitted
with this approval. For Grading Permit No. 1668, this shall
include a maximum. of 1,955 cubic yards of cut, and 21 cubic
yards of fill. For Grading Permit No. 1681, this shall
include a maximum of 1,006 cubic yards of fill. A total of
928 cubic yards of export shall be permitted with this
approval. A dump deposit shall be required.
7. Prior to issuance of building permits, the haul route for all
export material shall be reviewed and approved by the
Directors of Environmental Services and Public Works.
8. Maximum height of any sideyard retaining walls shall not
exceed 42 inches. The maximum combined height of any
freestanding fence, wall, or hedge placed above any retaining
wall shall not exceed 6 feet as measured on the low side and
8 feet as measured on the high side.
9. The residence and appurtenant structures shall maintain all
minimum setbacks: Front - 20 feet; Side - 5 feet; Rear - 15
feet.
10. With exception to the elimination of 294 cubic yards of fill
in the rear yard of the subject property, the project shall be
constructed in substantial conformance with the grading plans
submitted to the City on November 2, 1992 and reviewed by the
Planning Commission on May 25, 1993 and with the structural
plans (including the reduction in height) submitted to the
City on July 7, 1993 and reviewed by the Planning Commission
on July 13, 1993.
11. The driveway and access area shall not exceed a maximum
gradient of 20 percent.
12. A qualified paleontologist and archaeologist shall be on site
during all rough grading operations. Qualifications of the
archaeologist and paleontologist shall be reviewed and
approved by the Director of Environmental services prior to
issuance of grading permits. If archaeological or
paleontological resources are found, all work in the affected
area shall be stopped and the resources shall be removed and
preserved. All "finds" shall be reported immediately to the
Director of Environmental Services. All archaeological and
paleontological finds shall be first offered to the City for
preservation.
P.C. Resolution No. 93-16
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