PC RES 2019-030 P.C. RESOLUTION NO. 2019-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING,WITH CONDITIONS,
A REVISION TO CONDITIONAL USE PERMIT NO. 23, A SITE
PLAN REVIEW PERMIT, AND A GRADING PERMIT TO ALLOW
THE CONSTRUCTION OF A NEW SWIMMING POOL AND SPA,
BUILT-IN BARBECUE, A 307 FT2 PATIO COVER, AND A
FIREPLACE WITHIN A RAISED PATIO AREA SUPPORTED BY
AN 8'-TALL COMBINATION WALLS AND 78YD3 OF GRADING
TO ACCOMMODATE THESE IMPROVEMENTS, AND TO ALLOW
THE LOT COVERAGE TO INCREASE FROM 30% TO 35% (CASE
NO. PLCU2019-0005)
WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use
Permit No. 23 (CUP 23), establishing a residential planned development (RPD)
comprised of Tract Nos. 32574, 32991 and 34834, which was then recorded on January
4, 1980; and,
WHEREAS, on September 9, 1986, the Planning Commission adopted (and
supplemented on August 23, 1989) the Seacliff Hills Development Guidelines in
recognition of the need for greater sensitivity and design flexibility in the construction of
the custom homes in these tracts; and,
WHEREAS, in 1987, the residence on the subject property was approved and
subsequently revised pursuant to CUP 23 Revision "TT" in 1990; and,
WHEREAS, on June 24, 2019, the property owner submitted an application for a
revision to CUP 23 and a grading permit application for the construction of ancillary rear
yard improvements including a swimming pool, fireplace, patio cover, and barbeque,
supported by 8' tall combination walls and 78yd3 of grading; and,
WHEREAS, after various resubmittals and reviews by Staff, the project was
deemed complete on November 9, 2019; and,
WHEREAS, On November 21, 2019, a public notice was published in the Palos
Verdes Peninsula News and mailed to all property owners located within 500' radius of
the site, resulting in one, email in response to the public notice; 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
PLCU2019-0005 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.e); and,
WHEREAS, on December 10, 2019, 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:
Section 1: The Planning Commission finds that the approval of a Conditional
Use Permit (CUP) 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 in 1987 and then revised in 1990 for a
multi-level single-family residence, garage, and ancillary improvements resulting
in 30% lot coverage. While the maximum allowed lot coverage for a downslope lot
is 30% under CUP 23 and Seacliff Hills Development Guidelines, 6 of the 18
existing downslope neighboring properties exceed the maximum of 30%, allowing
lot coverage to be exceeded by 1% to 5%. A condition unique to the Seacliff Hills
tracts is that lot coverage also includes any area altered and not returned to its
existing condition. The project proposes a similar amount of lot coverage as
another neighboring residence and, besides two exceptions allowed per RPVMC
Section 17.48.030 for an uncovered raised patio that does not exceed 30" in
height, and a barbeque that doesn't exceed 6' in height, the project meets or
exceeds the required setbacks.
B. The site for the proposed use relates to streets and highways sufficient to carry the
type and quantity of traffic generated by the use. More specifically, the property is
served by two existing public streets (Palo Vista Drive and Seacliff Drive)that serve
all 36 lots on those two streets and connect to Palos Verdes Drive South The
proposed project will not alter the nature of traffic generated by the lot as compared
to the originally-approved residence and rear yard area.
C. In approving the use at the specific location, there will be no significant adverse
effect on adjacent property or the permitted use thereof. More specifically, the
property is located adjacent to developed residentially-zoned properties with
similar rear yard improvements. The project will not significantly impair the
neighboring properties' views as any views over the area of the project are either
already mostly obscured by the subject residence, on the periphery of the view
frame, or they do not significantly project into the protected views from the
neighboring primary viewing areas. Although concerns were received from the
P.C. Resolution No. 2019-30
Page 2 of 11
adjacent resident at 3442 Palo Vista Drive about view impairment from a lower-
level bedroom, this impairment is not considered to be significant, as the main
viewing area is from the upper-level main living space. Additionally, the impairment
is also on the periphery of the lower-level view. Finally, a condition of approval has
been added to ensure that the project is compatible with the existing residence
with regard to style, colors and materials, and that any proposed lighting complies
with the standards of RPVMC Section 17.56.030 and the Seacliff Hills
Development Guidelines. For these reasons, 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 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."
E. 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: The Planning Commission finds that the approval of a 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 lot is residential, as identified in the City's General
Plan and Zoning map. The proposed grading is to accommodate the swimming
pool, spa, and extension of an existing raised patio, which are accessory to the
primary residential use of the lot
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. Although cut and fill are proposed for a swimming pool,
spa, and extension of an existing raised patio, the cut is only for the excavation of
the swimming pool and spa, and the fill is proposed to allow the existing raised
rear yard patio to be extended out at the same level. As a result, although
improvements will be visible from the adjacent properties, the proposed raised
patio and accessory structures (fireplace and patio cover) will not significantly
affect views from neighboring properties, as discussed in Section 2.0 above. 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
P.C. Resolution No. 2019-30
Page 3 of 11
project site are largely the result of past grading for the development of the Seacliff
Hills neighborhood. The proposed grading is limited to cut for the swimming pool
and spa, and fill for the raised patio area, while leaving the rest of the property
ungraded. The amount of grading beyond that which is required to accommodate
the ancillary rear yard improvements has been minimized.
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.
E. The required finding that, for new single-family residences, the grading and/or
related construction is compatible with the immediate neighborhood character, is
not applicable because the proposed project is not a new single-family residence
F. The required finding that, in new residential tracts, the grading includes provisions
for the preservation and introduction of plant materials so as to protect slopes from
soil erosion and slippage and minimize the visual effects of grading and
construction on hillside areas, is not applicable because the proposed project is
not a new residential tract.
G The required finding that the grading utilizes street designs and improvements
which serve to minimize grading alternatives and harmonize with the natural
contours and character of the hillside is not applicable because the proposed
project does not involve grading for streets or other related infrastructure.
H. The required finding that the grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation is not applicable to the proposed project because there is no such
landscape or habitat present on the property.
I. The grading conforms to grading standards related to maximum finished slopes
and driveways. More specifically, the existing rear slope is a result of the original
tract grading and no slopes over 35% are proposed, nor is any grading proposed
on slopes over 35%. However, the proposed project does involve the construction
of a downslope retaining wall exceeding 3.5' in height.
J. A deviation from the Municipal Code requirement to allow a downslope retaining
wall exceeding 3.5' in height is warranted as it is necessary to accommodate the
proposed ancillary improvements development, similar to what was allowed for the
rear yard development of neighboring topographically comparable properties If
the project did not include the proposed 4.5'-tall downslope retaining wall, the
proposed patio would have to be reduced in size and/or have one or more steps
down from the residence, or additional grading of the slope in front of the wall
P.C. Resolution No. 2019-30
Page 4 of 11
would be required, which would result in additional site disturbance and lot
coverage
Section 3: The Planning Commission finds that the approval of a Site Plan
Review Permit is warranted because:
A. The portion of the raised patio within the east side setback measures 27" from
adjacent finished grade, and the proposed barbeque and outdoor kitchen measure
5.75' from adjacent finished grade. RPVMC Section 17.48.030.E. allows decks to
encroach into any required setback area if they do not exceed 30" from adjacent
finished grade, upon determination through a Site Plan Review application that no
significant adverse impacts will result. As this portion of raised patio is located over
20' from the nearest adjacent residence, which is also situated several feet higher
than the proposed deck, no adverse impacts will result. Also, outside the required
setbacks, these improvements do not exceed 12' in height as measured from
adjacent finished grade, nor do they exceed 6' in height within the side and rear
yard setbacks, as permitted pursuant to RPVMC Section 17.48.050.
Section 4: 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
Friday, January 3, 2020. A $2,275.00 appeal fee must accompany any appeal letter. If no
appeal is filed in a timely manner, the Planning Commission's decision will be final at 5.30
PM on Friday, January 3, 2020.
Section 5: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure
§1094.6 and RPVMC Section 17.86.100(B).
Section 6: 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 adopts P.C. Resolution No. 2019-30; approving a Conditional Use Permit
Revision, Grading Permit and Site Plan Review to allow the construction of a new raised
patio area with a swimming pool and spa, a built-in barbecue, a 307ft2 patio cover, and a
fireplace, with 8'-tall combination walls, and 78yd3 of grading to accommodate these
improvements at 3432 Palo Vista (Case No. PLCU2019-0005).
P.C. Resolution No 2019-30
Page 5 of 11
PASSED, APPROVED AND ADOPTED this 10th day of December 2019, by the
following vote:
AYES: COMMISSIONERS NELSON, SANTAROSA, PERESTAM, AND VICE-
CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: COMMISSIONER JAMES
ABSENT: COMMISSIONER SAADATNEJADI
O
Gordon Leon
Vice Chairman
.p
z
Ara MI ranian, .k__CP
Acting City Manager/Director of Community Development; and,
Secretary to the Planning Commission
P.C. Resolution No. 2019-30
Page 6 of 11
Exhibit "A"
Conditions of Approval
Conditional Use Permit No. 23 Revision,
Site Plan Review, and Grading Permit
Case No. PLCU2019-0005
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
Exhibit "A". Failure to provide said written statement within 90 days following the
date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, by persons other than the Applicant, that challenge,
attack, or seek to modify, set aside, void, or annul, the action of, or any permit or
approval issued by, the City and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof (including actions approved
by the voters of the City), for or concerning the project.
3. 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
4. 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 (RPVMC) shall apply.
5. Pursuant to RPVMC Section 17.78.040, the Director of Community Development
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
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
P.C. Resolution No 201930
Page 7 of 11
6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the City's Municipal Code, including
but not limited to height, setback and lot coverage standards.
7. The project development on the site shall conform to the Planning 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 Seacliff Hills Development Guidelines.
8. 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 RPVMC Section 17.86.060 or administrative citations as described in
RPVMC Chapter 1.16.
9. 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 RPVMC
Section 17.86.070 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.
10 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.
11. 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.
12. 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.
13. 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.
14. 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
P.C. Resolution No 2019-30
Page 8 of 11
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
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC Section
17.96.920. 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 7:00 AM Monday through Friday and before 9:00 AM 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.
16. If construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over
30 calendar days, the Applicant shall provide temporary construction fencing, as
defined in RPVMC Section 17.56.050(C). Unless required to protect against a
safety hazard, temporary construction fencing shall not be erected sooner than 15
days prior to commencement of construction.
17. All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
18. Prior to the issuance of building permits, the Applicant shall demonstrate the
project's compliance with the South Coast Air Quality Management District Rule
445 and the City Municipal Code requirements regarding wood-burning devices
Project Specific Conditions:
19. This approval shall allow for construction and/or installation of the following
A. The construction of a new raised patio area with:
a. A swimming pool and spa
b. A built-in barbecue and outdoor kitchen
c. A 9'-2" tall, 307 ft2 patio cover
d. A 9'-8" tall fireplace
B. 78yd3 of grading for the new patio area consisting of:
a. 26yd3 of cut
b. 52yd3 of fill
c. Combination walls up to 8' in height around the new raised patio
P.C. Resolution No. 2019-30
Page 9 of 11
area.
C. Encroachment of a raised patio less than 30" tall and a barbeque and
outdoor kitchen less than 6' tall, into the 15' east side yard setback
20. Unless otherwise approved by these conditions or modified by the approval of
future planning applications, the approved rear yard improvements shall maintain
the following setbacks:
Front yard setback — 25' average / 20' minimum
Interior side yard setbacks — 10' minimum per side / 25' minimum 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
21. Based on a site visit conducted on November 19, 2019, the following trimming will
need to be completed prior to issuance of a Building and/or Grading permit in order
to protect the view from surrounding viewing areas:
For all palm trees located on the property, remove all lower palm fronds up to a
60-degree angle as measured from a horizontal plane. The owner of the property
is responsible for maintaining all foliage on the property, which exceeds 16 feet in
height, as measured from the trunk base of the tree trunk where the tree trunk
emerges from the ground, or that exceeds the lowest adjacent ridgeline of the
primary structure, whichever is lower, so as not to significantly impair the view from
surrounding viewing areas.
22. PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE, the colors and
materials of the proposed project shall be reviewed and approved for compatibility
with the existing residence to the satisfaction of the Director of Community
Development.
23. Unless modified by the approval of a future revision to Conditional Use Permit
No. 23, the approved project shall maintain a maximum of 35% lot coverage
PRIOR TO BUILDING AND/OR GRADING PERMIT FINAL INSPECTION,
CERTIFICATION OF PROJECT AREA IS REQUIRED, to be provided by a
licensed land surveyor or civil engineer.
24. Haul routes to transport soil shall be approved by the Public Works Division prior
to issuance of any Grading or Building permit.
25. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on
the property.
P.C. Resolution No. 2019-30
Page 10 of 11
26. Exterior residential lighting shall be in compliance with the standards of RPVMC
Section 17.56.030 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.
27. PRIOR TO BUILDING AND/OR GRADING PERMIT ISSUANCE, a lighting plan
with cut sheets for the proposed exterior light fixtures shall be submitted for review
and approval by the Community Development Director.
P.C. Resolution No 2019-30
Page 11 of 11