CC RES 2021-044 RESOLUTION NO. 2021-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING AN APPEAL AND
DENYING, WITHOUT PREJUDICE, A HEIGHT VARIATION
PERMIT, MAJOR GRADING PERMIT, VARIANCE, SITE
PLAN REVIEW, AND ENCROACHMENT PERMIT TO
CONSTRUCT A NEW 5,285 FT' (GARAGE INCLUDED),
THREE-STORY, SINGLE-FAMILY RESIDENCE AND
ANCILLARY SITE IMPROVEMENTS WITH 1,697 YD3 OF
ASSOCIATED GRADING ON A VACANT LOT AT 28160
PALOS VERDES DRIVE EAST (CASE NO. PLVA2018-0001).
WHEREAS, on May 16, 2018, Applicant Luis De Morales (on behalf of property
owner David De Langis) submitted Height Variation Permit, Major Grading Permit,
Variance, Site Plan Review, and Encroachment Permit applications requesting approval to
construct a new three-story residence and ancillary site improvements with associated
grading at 28160 Palos Verdes Drive East; and
WHEREAS, on July 13, 2018, staff completed an initial review of the application
and revised plans submitted on June 13, 2018, at which time the application was deemed
incomplete due to missing information on the project plans; and
WHEREAS, on November 25, 2019, the Traffic Safety Committee (TSC) reviewed
the proposed project in relation to the requested Encroachment Permit as traffic safety
was a concern for the two proposed driveway approaches near the apex of a tight curve in
the road. Public Works Department staff recommended a number of modifications to the
geometric elements proposed as part of the Encroachment Permit and, based on the
revisions and conditions that were to be imposed, the TSC recommended to support the
proposed encroachment along Palos Verdes Drive East; and
WHEREAS, on April 2, 2020, staff deemed the application complete for processing,
setting the action deadline to June 1, 2020. On the same day, a public notice was
published in the Palos Verdes Peninsula News and mailed to all property owners within a
500-foot radius from the project site, providing a 30-day time period to submit comments;
and
WHEREAS, on May 12, 2020, the Planning Commission held a duly noticed public
hearing, at which time the application was continued to June 23, 2020, to provide an
opportunity for the Applicant to address the concerns raised by the Planning Commission
related to Neighborhood Compatibility, grading, traffic safety, and the number of variances
requested; and
WHEREAS, between June 10, 2020, and July 1, 2020, the proposed project was
presented to the TSC on two occasions to further discuss traffic safety concerns.
Specifically, the TSC reviewed the two-way driveway access points and left-turn
movements into the driveway as there were sight distance concerns regarding ingress and
egress to and from the project site; and
WHEREAS, on July 28, 2020, the Planning Commission received and filed a status
report on the proposed project and continued the public hearing to a date uncertain as the
application's 90-day extension to the action deadline (August 30, 2020) would not be met
with the subsequent TSC meeting scheduled on August 31, 2020; and
WHEREAS, on August 31, 2020, the TSC deferred the item to September 28, 2020,
to allow additional time for Public Works Department staff and the Applicant to review and
analyze the results of the joint sight distance surveys conducted on July 28, 2020, and
August 4, 2020; and
WHEREAS, on September 28, 2020, the TSC determined that the ingress/egress
for the proposed project will meet traffic safety requirements with modifications to the
plans and recommended its findings to the Planning Commission; and
WHEREAS, on February 18, 2021, a public notice was published in the Palos
Verdes Peninsula News and mailed to all property owners within a 500-foot radius from
the project site and interested parties, providing a 30-day time period to submit comments;
andI
WHEREAS, on March 23, 2021, the Planning Commission held a duly noticed
public hearing, at which time the application was continued to May 11, 2021, to provide an
opportunity for the Applicant to address concerns raised by the Planning Commission
related to traffic safety, variance for the overall height, and potential liabilities to the City;
and
WHEREAS, on April 26, 2021, the TSC moved to support the proposed safety
shoulder with a mountable curb at the westbound curvature of Palos Verdes Drive East
and have the City's Traffic Consultant recommend appropriate traffic calming signage that
may be considered to provide an additional safeguard for vehicles traveling westbound;
and
WHEREAS, on May 11, 2021, the Planning Commission held a public hearing, at
which time all interested parties were given an opportunity to be heard and present
evidence. Due to potential impacts and concerns related to traffic safety, grading, and
overall structure height, the Planning Commission denied the project without prejudice and
directed staff to bring back a resolution memorializing the denial.
WHEREAS, on June 8, 2021, the Planning Commission adopted P.C. Resolution
No. 2021-09 denying, without prejudice, the requested development applications; and
Resolution No. 2021-44
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WHEREAS, on June 24, 2021, a timely appeal of the Planning Commission's
decision was filed by the Property Owner (Appellant) requesting that the City Council
consider overturning the Planning Commission denial of the requested project
applications; and
WHEREAS, on July 8, 2021, a public notice for the City Council appeal healing was
published in the Palos Verdes Peninsula News and mailed to all property owners within a
500-foot radius from the project site and interested parties, providing a 30-day time period
to submit comments; and
WHEREAS, on August 17, 2021, the City Council considered the merits through a
duly noticed public hearing. After considering evidence presented into the record including
public testimony, the City Council denied the appeal and upheld the Planning
Commission's denial of the proposed project, without prejudice, and directed staff to bring
back a resolution on September 7, 2021, memorializing the denial of the project.
NOW, THEREFORE, THE CITY COUNCIL OF RANCHO PALOS VERDES DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Appellant has requested that the City Council overturn the
Planning Commission's June 8, 2021 denial to construct a new 5,285 ft2 (garage included),
three-story, single-family residence and ancillary site improvements with 1,697 yd3 of
associated grading on a vacant lot at 28160 Palos Verdes Drive East.
Section 2: The City Council has considered the bases for the appeal offered by
the Appellant and the required findings for the Height Variation Permit, Major Grading
Permit, Variance, Site Plan Review, and Encroachment Permit applications.
Section 3: The City Council is required to make findings for the Height Variation
Permit, Major Grading Permit, Variance, Site Plan Review, and Encroachment Permit
applications to construct a new 5,285 ft2 (garage included), three-story, single-family
residence and ancillary site improvements with 1,697 yd3 of associated grading. The City
Council finds that the requested entitlements are not warranted as there continue to be
concerns related to Neighborhood Compatibility, encroachment in the public right-of-way,
and deviations from the development standards for the RS-2 zoning district.
Specifically, the findings required per RPVMC §17.02.030(B)(3)(a) and (b) of the
RPVMC related to Neighborhood Compatibility cannot be made as the size and design of
the proposed residence is too large with bulk and mass concerns when viewed from the
rear elevation, and therefore is out of proportion and incompatible with the neighborhood
on a lot with physical and topographical constraints. The Major Grading Permit findings per
RPVMC §17.76.040(E) cannot be made as the ancillary site improvements including the
pool and deck area on an extreme slope, associated grading to accommodate the on- and
111 off-site improvements on an extreme slope; and the improvements proposed to encroach
Resolution No. 2021-44
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up to 26 feet into the public right-of-way are all considered excessive. In addition, the
requested Variance findings per RPVMC §17.64.050(A)(2) for the building height over an
extreme slope cannot be warranted by the City Council as the deviation is considered
excessive to preserve and enjoy a substantial property right. Furthermore, the City Council
finds that the number of deviations required in the Major Grading Permit and Variance
applications to accommodate a new residence is unwarranted given that the project may
be scaled down, the grading reduced, and the building footprint reduced to minimize
building on an extreme slope to be more suitable with the existing site conditions and
immediate neighborhood.
Section 4: 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 §17.86.100(B) of the RPVMC.
Section 5: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
PASSED, APPROVED AND ADOPTED on 7th day of September 2021.
stf-kx- Ike\e‘•
Eric Alegria, Mayor
Attest:
q.eresa "g14/"---fOrt'L—ca, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2021-44, was duly adopted by the City Council of said City at a
regular meeting thereof held on September 7, 2021.
L.-:4-fAl
eresa aoka, City Clerk
II
Resolution No. 2021-44
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