PC RES 1999-026P.C. RESOLUTION NO. 99-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE
PERMIT NO. 23 REVISION HHH, VARIANCE NO. 452, AND
GRADING PERMIT NO. 2109 TO GRADE A TOTAL OF 950 CUBIC
YARDS ON THE VACANT LOT FOR THE CONSTRUCTION OF A
NEW 6,153 SQUARE FOOT TWO STORY UPSLOPE RESIDENCE,
AND PERMIT THREE ROOF DECKS, SUBJECT TO CONDITIONS,
FOR THE PROPERTY, LOCATED AT 3407 PALO VISTA DRIVE.
WHEREAS, on July 12, 1977, the Planning Commission approved Conditional
Use Permit No 23 establishing a residential planned development (RPD) comprising of
Tracts 32547, 32991 and 34834, known as Seacliff Hills, with pre -approved building
footprints, and,
WHEREAS, on September 9, 1986, the Planning Commission adopted the
Seacliff Hills Development Guidelines, later amended on August 23, 1989, establishing
design standards for the aforementioned tracts that allow greater sensitivity and design
flexibility with the construction of custom homes that reflect the unique location and
character of the tracts, and,
WHEREAS, on April 5, 1999, the applicant, Mr & Mrs Steven Goldstein
submitted applications for Conditional Use Permit No 23 Revision HHH, Variance No
453, and Grading Permit No 2109 to modify the original building footprint, and grade a
total of 950 cubic yards on a 28,600 square foot vacant lot for the construction of a new
6,153 square foot two story upslope residence, and permit three roof decks, located at
3407 Palo Vista Drive, and,
WHEREAS, pursuant to the provisions of the California Quality Act, Public
Resource Code Section 21000 et.seq ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et.seq , the City's Local CEQA
Guidelines, and Government Code Section 65962 5(f) (Hazardous Waste and
Substances Statement), Staff found no evidence that Conditional Use Permit No 23
Revision HHH, Variance No 453, and Grading Permit No 2109 would have a
significant effect on the environment and, therefore the proposed project has been
found to be categorically exempt (Class 1, Section 15301 (e)(1)), and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, Planning Commission held a duly noticed public hearing on
August 10, 1999, at which 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 proposed 6,153 square foot two story upslope residence
complies with all the setback standards set forth in the Development Code and Seacliff
Hills Development Guidelines.
Section 2: The maximum height allowed for an upslope residence is sixteen
(160") feet tall on the "upslope" side, as measured from the highest existing grade
covered by structure, and up to thirty (30'0") feet high on the "downslope" side, as
measured from the point where the lowest foundation or slab meets finished grade. As
such, the proposed building envelope of the residence will be 15'9"/30' which meets the
maximum building height permitted "by right".
Section 3: The proposed project meets the minimum open space requirement
since the open space will be 5.1% above the minimum requirement for an upslope
residence within the Seacliff Hills tract.
Section 4: The proposed 2,344 square foot upper level will be approximately
21% less than the lower footprint which is 2,930 square feet Therefore, the project
complies with the provision of the Seacliff Hills development guidelines
Section 5: The proposed structure will have a pitched roofline, therefore the
roofline complies with the intent of the guidelines since the pitched roof will be parallel to
the natural terrain.
Section 6: There are exceptional or extraordinary circumstances or conditions
applicable to the property that do not generally apply to other property in the same
zoning district in that majority of the residences within the Seacliff Hills tract currently
have an existing roof deck(s). Also, the roof decks can be granted since they are
considered architectural features that break up the mass of the structure as requested
by the Seacliff Hills Revised Guidelines, thereby reducing the bulkiness of the structure.
Section 7: The variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant, which is a right possessed by other property
owners under like conditions in the same zoning district in that the subject property is
similar in size, shape and topography to that of the surrounding properties within the
Seacliff Hills tract The Variance is warranted for the three roof decks since the
elimination would impose a hardship to the applicant to alleviate the flat facades,
resulting in a burden to the property owner with an unintended consequence of the
P.0 Resolution No. 99-26
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regulation Therefore, the three roof decks are warranted due to the unintended impact
of the roof deck ordinance
Section 8: The granting of the variance will not be materially detrimental to the
public's welfare or injurious to property and improvements in the area in which the
property is located, instead the roof decks would create variations to the facade, so that
the structure will not appear massive or bulky, and the roof decks will not significantly
impair a view or create infringement of privacy.
Section 9: The variance will not be contrary to the objectives of the General
Plan or the policies of the Specific Plan As such, the project consists of improvements
that are routinely permitted in residential zones based on the General Plan, provided
that the improvements comply with the provisions set forth in the Development Code.
Since the General Plan does not identify goals and objectives that prohibit roof decks,
Staff believes that the granting of the variance will not be contrary to the City's General
Plan.
Section 10: The proposed project complies with the ten findings for granting a
Grading Permit as discussed in the Staff Report since the depth of cut of 9'0" for the
building pad is necessary in order to allow the applicant to construct a two-story upslope
residence Also, the construction for the two retaining walls are also necessary to
stabilize the slope for the driveway area, and the pool deck area The proposed grading
is not excessive since a majority of the grading will be conducted under the building
footprint and is pertinent to create a permitted "by right" building height envelope.
Section 11: Any interested person may appeal this decision or any portion of
this decision to the City Council. Pursuant to Section 17.02.040(C)(1)(j) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing,
and with the appropriate appeal fee, no later than fifteen (15) days following the date of
the Planning Commission's final action
Section 12: For the foregoing reasons based on the information and findings
included in the Staff Report, Minutes and other record of proceeding, the Planning
Commission of the City of Rancho Palos Verdes hereby approves Conditional Use
Permit No 23 Revision HHH, Variance No. 453, and Grading Permit No. 2109, thereby
approving a total of 950 cubic yards of grading on the 28,600 square foot vacant lot for
the construction of a new 6,153 square foot two-story upslope residence and retaining
walls, and permit three roof decks, for the property located at 3407 Palo Vista Drive,
subject to the conditions contained in Exhibit "A", attached hereto and made a part
hereof, which are necessary to protect the public health, safety and welfare in the area.
P.C. Resolution No. 99-26
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PASSED, APPROVED, AND ADOPTED this 10th day of August 1999, by the
following vote:
AYES Alber.io, Cartwrj_ght, Clark, Tvon, Pnr;S, and vannnrcdail.
NOES
ABSENTATION:
ABSENT. Slavden
Joel R 'as, AICP
Pirectot of Planning, ilding
J)uLC6de Enforcement; and
Secretary to the Planning Commission
won uariwngnt
Chairman
P C Resolution No 99 --
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