PC RES 2015-017 P.C. RESOLUTION NO. 2015-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CONDITIONALLY APPROVING A
REVISION TO CONDITIONAL USE PERMIT NO. 23 AND A GRADING
PERMIT (ZON2013-00175) TO CONSTRUCT A NEW SPLIT-STORY
(16'/30' HEIGHT ENVELOPE), 5,196FT2 RESIDENCE (2,596FT2 FIRST
FLOOR, 2,124FT2 SECOND FLOOR AND 476FT2 BASEMENT), A
1,164FT2 ATTACHED GARAGE, A SWIMMING POOL, 1,741YD3 OF
RELATED GRADING, AND RETAINING WALLS UP TO 5' IN HEIGHT
ON A VACANT PROPERTY AT 2947 VISTA DEL MAR. THE
MAXIMUM HEIGHT OF THE RESIDENCE IS PROPOSED TO BE 7.97'
TALL, AS MEASURED FROM HIGHEST POINT OF EXISTING GRADE
(845') COVERED BY THE STRUCTURE TO THE HIGHEST
PROPOSED RIDGELINE (852.97'), AND AN OVERALL HEIGHT OF
29.97' AS MEASURED FROM THE LOWEST FINISHED GRADE (823')
ADJACENT TO THE STRUCTURE TO THE HIGHEST PROPOSED
RIDGELINE (852.97').
WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use
Permit No. 23, establishing a residential planned development (RPD) comprising of Tract Nos.
32574, 32991 and 34834; and,
WHEREAS, on September 9, 1986, the Planning Commission adopted the Seacliff Hills
Development Guidelines in recognition of the need for greater sensitivity and design flexibility in
the construction of these custom homes. The Guidelines were supplemented on August 23,
1989; and,
WHEREAS, on May 7, 2013, an application for a CUP revision a grading permit was
submitted for the vacant property located at 2947 Vista Del Mar; and,
WHEREAS, after various resubmittals and reviews by Staff, the project was deemed
complete on August 28, 2015; and,
WHEREAS, a public notice was published on September 3, 2015, pursuant to the
requirements of the Rancho Palos Verdes Development Code; 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), the Planning Commission found no evidence that Case No. ZON2013-00175 will
have a significant effect on the environment and, therefore, the proposed project has been
found to be Categorically Exempt under Class 3 (Section 15303); and,
WHEREAS, on September 22, 2015, 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:
P.C. Resolution No. 2015-17
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Section 1: The proposed project is a request for the following:
A. 1,782yd3 of grading on a vacant lot for a new house and pool/deck area:
a. 1,243yd3 of cut for the residence
b. 384yd3 of cut for the driveway
c. 114yd3 of cut and 41yd3 of fill for the pool/deck area and front yard
d. Retaining walls up to 5' in height
B. Construction of a new 6,360ft2 split-story residence consisting of a 2,596ft2 first floor,
2,124ft2 second floor and a 476ft2 basement, an attached 1,164ft2 four-car garage, as
well as a swimming pool;
Section 2: Approval of a Conditional Use Permit Revision is warranted because:
A. The site is adequate in size and shape to accommodate the proposed use and for all of
the yards, setbacks, walls, fences, landscaping and other features required by this title
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 23, this lot was
originally approved for a 3,163ft2 multi-level single-family residence resulting in 10.4% lot
coverage. While the maximum allowed lot coverage for an upslope lot is 25% under
CUP 23 and Seacliff Hills Development Guidelines, deviations were granted to four of
the seven existing neighboring properties, allowing lot coverage to be exceeded by 4%
to 13%. Lot coverage accounts for any area altered and not returned to its existing
condition. The proposed 34% in lot coverage is also partially due to the size of the
driveway required by Development Code as well as Fire Department requirements.
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. More specifically, the subject
property is served by an existing public street (Vista Del Mar) that serves all eleven lots
and connects to Palos Verdes Drive East. The proposed project will not alter the nature
of traffic generated by the lot as compared to the originally-approved residence.
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. More specifically, the subject
property is located adjacent to developed and vacant residentially-zoned properties as
well as a developed institutionally-zoned property. The subject property was created
with the expectation that it would be developed with a single-family residence and
driveway. Further, the footprint is located lower on the slope and will minimize view
impacts to the neighboring properties. Because of this and because the adjacent
properties are developed or will likely be developed with similar residences, there will be
no significant adverse impact on adjacent property.
D. The proposed use is not contrary to the General Plan. More specifically, the General
Plan Land Use designation for the subject 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."
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E. The proposed use complies with all applicable requirements of the overlay control
districts. More specifically, the subject property and all other properties on Vista Del Mar
are subject to the Natural (OC-1) and Urban Appearance (OC-3) overlay control districts.
The project will not propose any activities that are contrary to the provisions of the 00-1
District. Additionally, all proposed improvements will be tucked into the existing slope,
with a height of 7.97' at the back of the structure and 29.97' at the front (street facing)
facade. Also, Staff has visited the property at 2903 Vista Del Mar and observed that
there is no significant view impairment of the ocean view. Also, the primary view of the
property at 2923 Vista Del Mar faces south-west, while the proposed structure at 2947
Vista Del Mar is located to the north-west. As such, no major views, vistas or viewsheds
identified in the General Plan would be impacted by the proposed project. Therefore, as
conditioned, the project will also be consistent with 00-3 District.
F. 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: Approval of a Major 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 subject lot is residential as identified in the City's General
Plan and Zoning map. The proposed grading is to accommodate the development of a
new single-family residence, deck and vehicle access. More specifically, the grading will
allow for the proposed development to be built into the ascending hillside that steps with
the topography of the parcel.
B. The proposed grading and/or related construction does not significantly adversely affect
the visual relationships with, nor the views from the viewing area of neighboring
properties. The proposed grading is for a new residence within the City's permitted
height requirements of 16'/30' for upslope lots. Additionally, the new residence and
garage will be tucked into the existing slope, thereby, lowering the building footprint.
Also, Staff has visited the property at 2903 Vista Del Mar and observed that there is no
significant view impairment of the ocean view. Also, the primary view of the property at
2923 Vista Del Mar faces south-west, while the proposed structure at 2947 Vista Del
Mar is located to the north-west. As a result, the proposed project will not significantly
affect views from neighboring properties.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. The existing "natural" contours of the project site are
largely the result of past grading for the development of the Seacliff Hills neighborhood
and the construction of the existing street by the developer. The grading area has been
minimized, primarily limited to the building footprint, deck/swimming pool, and driveway,
which will result in very little permanent disturbance to the natural contours outside the
structure, deck and driveway footprint.
D. The grading takes into account the preservation of natural topographic features and
appearances by means of land sculpturing so as to blend any man-made or
manufactured slope into the natural topography. The existing "natural" contours of the
project site are largely the result of tract grading in the past. There are no significant
natural topographic features that would be disturbed by the proposed grading.
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E. The grading and/or related construction is compatible with the immediate neighborhood
character. More specifically, the immediate neighborhood is comprised of 2- and 3-story
split-level residences, ranging in size from 5,286ft2 to 7,875ft2, with an average structure
size of 6,861ft2. The proposed 6,360ft2, split-level residence (including the garage) will
be tucked into the ascending slope and within the by-right height envelope of 16'/30' for
an upslope lot. Also, the proposed façades incorporate a variety of elements that
enhance the general articulation of the facades and further reduce their apparent bulk
and mass. Furthermore, since the existing neighborhood comprises homes exhibiting a
wide range of contemporary architectural styles and exterior finishes, with no single
predominant style, any architectural style would blend in with the neighborhood and
would not appear out of character. Therefore, the proposed style of the residence
contributes positively to the diversity of styles in the immediate neighborhood.
Moreover, the proposed setbacks and open space is consistent with the existing pattern
of development in the neighborhood.
F. The grading is not for the creation of a new residential tract, as this tract was established
in 1977.
G. The grading utilizes street designs and improvements which serve to minimize grading
alternatives and harmonize with the natural contours and character of the hillside
because no modifications are proposed to streets or other public infrastructure.
H. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because there are none on
the property.
I. The grading conforms to grading standards related to maximum finished slopes and
driveways. More specifically, the existing hillside is a result of the original tract grading
and to place improvements within the slope to lower the finished grade elevation helps
minimize any potential for view impairment from the viewing areas of other properties on
Vista Del Mar. Furthermore, similar deviations were granted for neighboring properties
with similar topographical configurations for the development of their sites.
J. Deviations to the code allowing grading in restricted areas are warranted as they are
necessary to accommodate the proposed residential development, similar to what was
allowed for the development of neighboring topographically comparable properties. If
the project did not consist of grading on slopes greater than 50%, the proposed
improvements would be set higher on the property, which would make it readily visible
and have a great potential to significantly impair views.
Section 3: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and
any specific action being requested by the appellant. Any appeal letter must be filed within
fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, October 7,
2015. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely,
the Planning Commission's decision will be final at 5:30 PM on October 7, 2015.
Section 4 For the foregoing reasons and based on the information and findings
included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes
hereby conditionally approves a Conditional Use Permit Revision and Major Grading Permit
applications for the property located at 2947 Vista Del Mar (Case No. ZON2013-00175).
P.C. Resolution No. 2015-17
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PASSED, APPROVED AND ADOPTED this 22nd day of September 2015, by the following vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerster, James, Leon, Vice Chairman
Tomblin, Chairman Nelson
NOES: None
ABSTENTIONS: None
RECUSALS:None
ABSENT: None
Robert A. Nelson
Chairman
Alalikall0
Joel R. as, A CP
Corn nity r►evelopm: lirector; and,
Secret,ry o"the Planning Commission
P.C. Resolution No. 2015-17
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Exhibit "A"
Conditions of Approval
Case No. ZON2013-00175 (2947 Vista Del Mar)
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 Resolution. Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. 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.
3. 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 shall apply.
4. The Community Development Director 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 by the final body that approved the original project, which may require new and
separate environmental review.
5. The project development on the site shall conform to the 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
OC-1/0C-3 overlay control district performance criteria of the City's Municipal Code and
the Seacliff Hills Development guidelines.
6. 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
Section 17.86.060 of the City's Municipal Code.
7. 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 Section 17.86.070 of the
City's Municipal Code 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.
8. 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.
9. 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
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date of this Resolution.
10. 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.
11. 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.
12. 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 shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
13. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. 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 7AM Monday through Friday and before 9AM 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.
14. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
15. 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 shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
16. 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.
17. Prior to the issuance of building permits, the applicant shall demonstrate the project's
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compliance with the South Coast Air Quality Management District Rule 445 and the City
Municipal Code requirements regarding wood-burning devices.
18. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of occupancy.
Project Specific Conditions:
19. This approval is for construction of a new 6,360ft2 split-story residence (2,596ft2 first
floor, 2,124ft2 second floor and a 476ft2 basement, an attached 1,164ft2 four-car garage,
as well as a swimming pool. BUILDING AREA CERTIFICATION IS REQUIRED to be
provided by a licensed land surveyor or civil engineer prior to building permit final.
20. The approved grading is for 1,782yd3 of grading (1,741 yd3 cut and 41 yd3 fill) with
retaining walls measuring up to 5' in height. ROUGH AND FINAL GRADE
CERTIFICATION REQUIRED PRIOR TO BUILDING PERMIT FINAL.
21. The approved retaining walls include the following:
a. Retaining walls along both sides of the proposed driveway follow the existing
grade, while ranging in height up to 5' maximum, as measured from the driveway
slab.
b. The outer side of the retaining wall in front of the patio/yard area shall be a
maximum of 5'.
c. The retaining walls/planters along the front of the residence shall not exceed 4.5
feet in height.
22. Unless modified by the approval of future planning applications, the approved residence
shall maintain the following setbacks:
Front yard setback—25' average / 20' minimum
Interior side yard setbacks — 10' minimum per side /25' minimal total of both sides
Rear yard setback—25' average/20' minimum
BUILDING SETBACK CERTIFICATION IS REQUIRED to be provided by a licensed
land surveyor or civil engineer prior to foundation forms inspection.
23. The maximum height of the residence is proposed to be 7.97' tall, as measured from
highest point of existing grade (845') covered by the structure to the highest proposed
ridgeline (852.97'), and an overall height of 29.97' as measured from the lowest finished
grade (823') adjacent to the structure to the highest proposed ridgeline (852.97').
BUILDING HEIGHT CERTIFICATION IS REQUIRED to be provided by a licensed land
surveyor or civil engineer prior to roof sheathing inspection.
24. A minimum 3-car garage shall be provided and maintained, and a minimum of three
unenclosed parking spaces shall be provided and maintained. An enclosed parking
space shall have an unobstructed ground space of no less than 9' in width by 20' in
depth, with a minimum of 7' of vertical clearance over the space. An unenclosed parking
space shall have an unobstructed ground space of no less than 9' in width by 20' in
P.C. Resolution No. 2015-17
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depth.
25. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 34% lot coverage.
26. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%.
27. A landscaping plan shall be submitted for review and approval by the Community
Development Director prior to Building Permit issuance. The landscaping plan shall
indicate all landscaping for the purpose of: screening buildings from PVDS; softening
architectural features; improving transition between open space and buildings; slope
stabilization; and drought tolerant plantings.
28. Haul routes to transport soil shall be approved by the Public Works Division prior to
issuance of any Grading or Building permit.
29. Driveways shall be a minimum width of 20'. A paved 25' turning radius shall be provided
between the garage or other parking area and the street of access. Driveways shall take
into account the driveway standards required by the department of Public Works for
driveway entrances located in the public right-of-way. Maximum slope of the driveway
shall not exceed 20%.
30. An 18" minimum wide landscaped area between the side property line and the driveway
shall be maintained.
31. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the
property.
32. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code 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.
33. All utility lines installed to service the building shall be placed underground from an
existing power pole or other point of connection off-site prior to certificate of occupancy.
34. Approval of NPDES and Geotechnical review is required PRIOR TO ISSUANCE OF A
GRADING OR BUILDING PERMIT from the Building & Safety Division.
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