PC RES 2002-021P.C. RESOLUTION NO. 2002-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING WITHOUT
PREJUDICE A REQUEST FOR A CONDITIONAL USE
PERMIT REVISION (CASE NO. ZON2002-00282) TO ALLOW
REVISIONS TO THE DEVELOPMENT STANDARDS FOR
THE PROPERTIES AT 32, 34, 36, AND 38 VIA DEL CIELO
(LOTS 36, 37, 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, AND
TO ALLOW THE CONSTRUCTION OF TWO-STORY,
RATHER THAN SPLIT-LEVEL, HOMES ON THESE LOTS
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, 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 PC.
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 appealed to the California Coastal
Commission on February 26, 2001 and has been held in abeyance; 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, 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), Staff found no evidence that the denial of Planning Case No ZON2002-00282
would have a significant effect on the environment, and determined that the proposed
project was statutorily exempt (Section 15270) from the provisions of CEQA; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing on
August 13, 2002, 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.
Section 1: The Planning Commission 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 not adequate in size and shape to accommodate the proposed project
because—in their current configuration—the development of full, 2 -story homes on
the existing lots is not possible In addition, the development of full, 2 -story homes
on these lots will be inconsistent with the original approval of Conditional Use Permit
No. 158 and Vesting Tentative Tract Map No. 46628 because the homes on these
lots were only intended to present a single -story fagade to the open space area and
Palos Verdes Drive West to the rear. By contrast, the City has already approved the
development of upslope, split-level homes on these lots, which are consistent with
the intent and purpose of the original approval of Conditional Use Permit No. 158
and Vesting Tentative Tract Map No. 46628.
P.0 Resolution No. 2002-21
Page 2 of 4
B. In approving the subject use at the specific location, there will be a significant
adverse effect on adjacent property or the permitted use thereof because the 1992
approvals and environmental impact report (EIR) for the Oceanfront project
assumed that all rough grading on the site would be balanced, with no import or
export of material. The proposed project would involve the export of approximately
14,000 cubic yards of material from the rear portions of Lots 36, 37, 78 and 79 to
change them from upslope lots to pad lots This would result in a significant number
of truck trips (approximately 700 to 1000) to export the material, the impacts of
which were not analyzed in the 1992 approvals and environmental analysis for the
project.
C The proposed use is contrary to the General Plan because the goals and policies of
the General Plan acknowledge "[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 more
massive -appearing homes on these lots, particularly as viewed from the rear. The
proposed re -grading would allow for the development of full, 2 -story homes rather
than the upslope, split -pad homes originally envisioned for these lots under the 1992
approvals, which could significantly alter 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
D. The proposed project is not 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 mayor 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"; but the proposal to re -grade the subject lots has
the potential to adversely affect public views that are identified in the City's General
Plan and Coastal Specific Plan.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17 60 060 and
17 80 070 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 August 13, 2002, the date of the Planning Commission's final action.
Section 3: 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 denies without prejudice the
request for a conditional use permit revision (Case No. ZON2002-00282) to allow revisions
to the development standards for the properties at 32, 34, 36, and 38 Via del Cielo (Lots
P.C. Resolution No. 2002-21
Page 3 of 4
36, 37, 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, and to
allow the construction of two-story, rather than split-level, homes on these lots.
PASSED, APPROVED and ADOPTED this 13th day of August 2002, by the following vote
AYES: Chairman Cartwright, Commissioners Mueller and Tomblin
NOES- Commissioner Lyon
ABSTENTIONS• Vice Chairman Long
ABSENT: Commissioners Cot6 and Duran Reed
i S Cartwright
airman
e ja 'C
la ing, Building
rc
Ire 0 sQ
I e r of
allCoode En ement, and Secretary
to the Planning Commission
M kProjects\ZON2002-00282 (Oceanfront, 32-38 Via del Cielo)\PC Resolution 2002-21 doc
P.0 Resolution No. 2002-21
Page 4 of 4