Rancho Palos Verdes City Council
   

TO:

TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM:DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

SUBJECT:RESOLUTION UPHOLDING THE APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A CONDITIONAL USE PERMIT REVISION FOR PROPOSED MODIFICATIONS TO FOUR (4) LOTS IN THE OCEANFRONT COMMUNITY, LOCATED AT 32, 34, 36 AND 38 VIA DEL CIELO (PLANNING CASE NO. ZON2002-00282)

Staff Coordinator:Kit Fox, AICP, Senior Planner

RECOMMENDATION

Adopt Resolution No. 2003-__, upholding the appeal and overturning the Planning Commission’s denial of the requested conditional use permit revision.

BACKGROUND

On February 18, 2003, the City Council unanimously upheld the developer’s appeal and overturned the Planning Commission’s denial of the requested conditional use permit revision (Planning Case No. ZON2002-00282). Staff has prepared the attached draft Resolution and conditions of approval to memorialize the City Council’s action.

DISCUSSION

The recommended conditions of approval for this project include, but are not limited to:

  • Revising Condition No. S.1. of Resolution No. 92-27 to reflect that Lots 36, 37, 78 and 79 will be developed with 2-story, 26-foot-tall homes

  • Requiring the final plans for the Plan 14 residence to be substantially consistent with the floor plans and elevations presented to the City Council

  • Requiring the submittal of detailed grading plans for Lots 36, 37, 78, 79 and 80, and requiring that the rough grading of the four residential lots be conducted concurrently with the first phase of re-grading on Lot 80

  • Implementing visual screening of the lower levels of the four houses on Lots 36, 37, 78 and 79 by requiring landscaping of the rear slopes of these lots and the creation of an earthen berm along the westerly edge of City-owned Lot 80
  • Requiring the completion of the Phase 1 grading on Lot 80 prior to the issuance of building permits for the Plan 14 residences, and requiring the Phase 1 revegetation of Lot 80 to be completed and certified prior to building permit final for the Plan 14 residences

  • Establishing a "back-up" provision requiring the completion and certification of Phase 1 grading and revegetation of Lot 80 within one year, in the event that the developer is unable to proceed with the development of Lots 36, 37, 78 and 79 for any reason

  • Completing all revegetation on Lot 80 in accordance with the 4(d) permit issued by the City and the approved the "Coastal Sage Scrub Mitigation Program for Vesting Tentative Tract Map No. 46628, City of Rancho Palos Verdes, California"; and under a timetable approved by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG)

Staff believes that these conditions are consistent with the direction of the City Council at the February 18, 2003 meeting.

CONCLUSION

Staff believes that the attached draft Resolution accurately reflects the direction given by the City Council on February 18, 2003. Therefore, Staff recommends that the City Council adopt the attached draft Resolution No. 2003-__, thereby upholding the developer’s appeal and overturning the Planning Commission’s denial of Planning Case No. ZON2002-00282.

FISCAL IMPACT

Pursuant to Section 17.80.120 of the Rancho Palos Verdes Municipal Code, the developer is entitled to a full refund of the $940.00 appeal fee, the cost of which will be borne by the City’s General Fund.

 

Respectfully submitted:

Joel Rojas, aicp, Director of Planning, Building and Code Enforcement

 

Reviewed by:

Les Evans, City Manager

 

Attachments:

Resolution No. 2003-__

 

 

RESOLUTION NO. 2003-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL AND OVERTURNING THE PLANNING COMMISSION’S DENIAL OF 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; TO ALLOW THE CONSTRUCTION OF TWO-STORY, RATHER THAN SPLIT-LEVEL, HOMES ON THESE LOTS; AND TO ALLOW THE PHASED RE-GRADING AND REVEGETATION OF CITY-OWNED LOT 80 OF TRACT MAP NO. 46628

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, on 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 P.C. 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 then was appealed to the California Coastal Commission on February 26, 2001 and has been held in abeyance since that time; 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, on August 13, 2002, the Planning Commission adopted P.C. Resolution No. 2002-21, denying the requested revision to Conditional Use Permit No. 158 (Planning Case No. ZON2002-00282) without prejudice; and,

WHEREAS, on August 26, 2002, the applicant filed a timely appeal of the Planning Commission’s action denying the requested revision to Conditional Use Permit No. 158 (Planning Case No. ZON2002-00282); and,

WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing to consider said appeal on October 15, 2002, November 19, 2002, January 21, 2003 and February 18, 2003, and March 4, 2003, at which time all interested parties were given an opportunity to be heard and present evidence.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1:The City Council overturns the Planning Commission’s action of August 13, 2002, and 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 adequate in size and shape to accommodate the proposed project because the size of the existing lots does not need to be altered in order to accommodate the proposed full, 2-story homes. Although the original approval of Conditional Use Permit No. 158 and Vesting Tentative Tract Map No. 46628 called for the homes on these lots to present a single-story facade to the open space area and Palos Verdes Drive West at the rear, the overall height of the full, 2-story homes will be slightly lower than the approved, upslope split-level homes would have been. In addition, the conditions of approval for this revision will require the lower facade areas of these homes to be screened by landscaping and/or a graded berm so that the appearance of the rear facade will be substantially the same as that of a single-story home, as viewed from Palos Verdes Drive West.

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. The subject properties are served by Via del Cielo, a public street, and the proposed re-grading of these lots and the change in house type will have no effect upon the sufficiency of adjacent public streets to provide access to them.

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 because the additional grading for the reconfiguration of these four lots will be contained within the Oceanfront community. This is consistent with the 1992 approvals and environmental impact report (EIR) for the Oceanfront project, which assumed that all rough grading on the site would be balanced, with no import or export of material. The additional grading will be conducted in full conformance with all of the existing conditions of approval for the Oceanfront project, as they relate to construction hours, dust control and other grading-related issues.

  1. The proposed use is not contrary to the General Plan, which includes goals and policies acknowledging "[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 homes on these lots that are no more massive or bulky in appearance, particularly as viewed from the rear, as would be otherwise permitted by the conditions of approval for the Oceanfront project. In addition, the upper levels of the full, 2-story homes would be slightly shorter and narrower than those of the approved upslope, split-level homes, which would serve to reduce 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.

E.The proposed project is 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 major 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."; The proposal to re-grade the subject lots does not have the potential to adversely affect public views that are identified in the City’s General Plan and Coastal Specific Plan because the change in lot type will not increase the overall height of the homes on the subject lots, and the proposed 2-story homes will maintain adequate side-yard setbacks to protect view corridors.

F.Conditions of approval, which the City Council finds to be necessary to protect the health, safety and general welfare, have been imposed. These conditions include landscaping and/or soil berms to screen the appearance of the full, 2-story homes; the submittal of detailed grading plans for City-owned Lot 80; and requirements for the full, 2-story homes to be consistent with the plans presented to the City Council.

Section 2:The City Council finds that the phased re-grading and revegetation of City-owned Lot 80 of Tract Map No. 46628 is consistent with the approved 4(d) permit for the Oceanfront community, issued by the City on June 3, 1997 as Resolution No. 97-49. Pursuant to the original project approvals and the 4(d) permit, existing coastal sage scrub (CSS) habitat on Lot 80 was to be preserved in place, with a total of fifteen (15) acres of CSS habitat were to be preserved and/or enhanced on Lot 80. The phased re-grading of Lot 80, which has been extensively disturbed by previous construction activity, will prepare the site for revegetation in accordance with the 4(d) permit.

Section 3: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 City Council found no evidence that the approval of Planning Case No. ZON2002-00282 would have a significant effect on the environment because the environmental impacts of the project have been previously addressed by the mitigation measures adopted pursuant to Final Environmental Impact Report No. 35, and the proposed project results in no new environmental impacts that were not previously addressed in Final Environmental Impact Report No. 35.

Section 4:The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation.

Section 5:For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby conditionally approves 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 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; to allow the construction of two-story, rather than split-level, homes on these lots; and to allow the phased re-grading and revegetation of City-owned Lot 80 of Tract Map No. 46628.

 

PASSED, APPROVED, AND ADOPTED this __th day of ________ 2003, by the following vote:

 

AYES:

NOES:

ABSTENTIONS:

ABSENT:

 

 

 

_______________________

Douglas W. Stern, Mayor

 

 

 

ATTEST:

 

____________________
Jo Purcell, City Clerk

 

State of California)
County of Los Angeles) ss
City of Rancho Palos Verdes)

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2003-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on __________, 2003.

 

 

_________________________________

City Clerk

 

EXHIBIT 'A'

CONDITIONS OF APPROVAL

FOR A CONDITIONAL USE PERMIT REVISION (CASE NO. ZON2002-00282)

(Oceanfront, Tract No. 46628)

 

General

  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 date of this approval shall render this approval null and void.
  2. This approval is for the modification of Lots 36, 37, 78 and 79 of Tract Map No. 46628 to convert them from upslope, split-level lots to pad lots; to allow approximately 14,000 cubic yards from these for lots to be placed on Lot 80 of Tract Map No. 46628; and to change the approved house type for these four lots from an upslope, split-level (Plan 6) to a full, 2-story (Plan 14). The Director of Planning, Building and Code Enforcement 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 to Planning Case No. ZON2002-00282 by the City Council and shall require new and separate environmental review.
  3. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-1 district development standards of the City's Municipal Code and the special development standards for the Oceanfront community pursuant to Conditional Use Permit No. 158, et al. and revisions thereto. Said development shall also be consistent with the photographic view simulations reviewed by the City Council on January 21, 2003 and February 18, 2003.
  4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the City Council after conducting a public hearing on the matter.
  5. 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.
  6. Unless otherwise designated in these conditions, all grading and construction shall be completed in substantial conformance with the plans stamped approved by the City with the effective date of this Resolution.
  7. Unless otherwise designated in these conditions, the approved project shall be subject to all of the conditions of approval for Vesting Tentative Tract Map No. 46628, Final Environmental Impact Report No. 35, Conditional Use Permit No. 158, Coastal Permit No. 94 and Grading Permit No. 1439, as originally adopted by the City Council on March 17, 1992, and revised from time to time. Said conditions of approval are incorporated herein by this reference.

Development of Lots 36, 37, 78 and 79

8.Condition No. S.1. of Resolution No. 92-27 is hereby amended to read as follows (additions underlined, deletion stuck out):

"S.HEIGHTS

    1. Building heights for all residential structures are limited as follows:

Lots 1 – 326 feet

Lots 4 – 2816 feet upslope/26 feet downslope

Lots 29 – 3516 feet

Lots 36 – 3726 feet 16 feet upslope/26 feet downslope

Lots 38 – 3916 feet

Lots 40 – 5316 feet upslope/26 feet downslope

Lots 54 – 5726 feet

Lots 58 – 7218 feet

Lots 73 – 7718 feet

Lots 78 – 7926 feet 16 feet upslope/26 feet downslope"

9.The final plans for the Plan 14 residence submitted to the Building and Safety Division for plan check shall be substantially consistent with the floor plans and elevations presented to the City Council on February 18, 2003, subject to the review and approval of the Director of Planning, Building and Code Enforcement.

10.Prior to the issuance of building permits for any and each of the Plan 14 residences, the developer shall obtain the approval of a site plan review application or precise grading application to the Director of Planning, Building and Code Enforcement. Each Plan 14 residence shall comply with the required setbacks, lot coverage, parking requirements, maximum living area and other development standards of the Oceanfront community that were imposed as conditions of approval upon the Conditional Use Permit and Vesting Tentative Tract Map.

11.Prior to the issuance of grading permits for any and each of the four subject lots, the developer shall submit a detailed rough grading plan for the review and approval of the Director of Planning, Building and Code Enforcement, the City Engineer and the Building Official. Said grading plan shall allow for the net removal of approximately 14,000 cubic yards of soils from Lots 36, 37, 78 and 79, to be re-distributed on the adjacent City-owned Lot 80. The rough grading of all four lots shall be conducted concurrently and shall be completed in accordance with the time limits established by these conditions.

12.Prior to the issuance of building permits for any and each of the four subject lots, the developer shall submit a detailed landscape plan for the rear slopes of Lots 36, 37, 78 and 79, for the review and approval of the Director of Planning, Building and Code Enforcement. Said landscape plan shall incorporate plantings of a size, type and density that will provide visual screening of the lower levels of these four houses from the public right-of-way of Palos Verdes Drive West, consistent with the photographic simulations presented to the City Council on January 21, 2003 and February 18, 2003, and without interfering with the view corridors between the four houses. The rear-slope landscaping on Lots 36, 37, 78 and 79 shall be completed within thirty (30) days of building permit final for any and each of the four subject lots.

Re-Grading and Revegetation of Lot 80

13.Prior to the issuance of grading permits for any and each of the four subject lots, the developer shall submit a detailed grading plan for Lot 80, for the review and approval of the Director of Planning, Building and Code Enforcement, the City Engineer and the Building Official. Said grading plan shall allow for the phased placement of fill on Lot 80, consistent with the conceptual grading and revegetation plan reviewed by the City Council on January 21, 2003 and February 18, 2003, which is incorporated herein by this reference:

Phase 1:±14,000 CY from Lots 36, 37, 78 and 79

Phase 2:±25,000 CY from precise grading of remaining vacant lots

Phase 3:±25,000 CY from precise grading of remaining vacant lots

14.Implementation of Phase 1 grading on Lot 80 shall be carried out concurrently with the rough grading of Lots 36, 37, 78 and 79. Phase 1 grading shall include the creation of an earthen berm at the westerly edge of Lot 80 to provide visual screening of the lower levels of the four houses on Lots 36, 37, 78 and 79 from the public right-of-way of Palos Verdes Drive West. The height of the top of the earthen berm shall not exceed the ridgeline height of the single-story portions of the four houses on Lots 36, 37, 78 and 79, and shall not interfere with the view corridors between the four houses. Phase 1 grading on Lot 80 shall be completed and certified:

    1. Prior to or concurrent with the rough grade certification for Lots 36, 37, 78 and 79; and,
    2. Prior to the issuance of building permits for any and each of the Plan 14 residences on these lots.

15.Implementation of Phase 1 revegetation on Lot 80 shall be carried out concurrently with the precise grading and development of the Plan 14 residences on Lots 36, 37, 78 and 79. Phase 1 revegetation shall be completed and certified prior to building permit final for any and each of the Plan 14 residences on these lots.

16.Notwithstanding the provisions of Condition Nos. 14 and 15 of this Resolution, Phase 1 grading and revegetation of Lot 80 shall be completed and certified within one year of the effective date of this Resolution.

17.Implementation of Phases 2 and 3 of the conceptual grading and revegetation plan for Lot 80 shall be completed as precise grading spoils from the future development of the remaining vacant lots in Tract No. 46628 are made available. Revegetation of Phases 2 and 3 of Lot 80 shall commence upon the completion and certification of grading for each respective phase, and in accordance with a timetable approved by the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG).

18.All revegetation on Lots 80, 81 And 82 of Tract 46628 shall be completed in accordance with the 4(d) permit issued by the City on June 3, 1997 (Resolution No. 97-49) and the "Coastal Sage Scrub Mitigation Program for Vesting Tentative Tract Map No. 46628, City of Rancho Palos Verdes, California," prepared by BonTerra Consulting and dated December 8, 1997. Said documents are incorporated herein by this reference. The revegetation of Lots 81 and 82 shall be completed concurrently with the Phase 1 revegetation of Lot 80.