PC RES 2005-036 P.C. RESOLUTION NO. 2005-36
A RESOLUTION OF THE PLANNING COMMISSION F THE
CITY OF RANCHO PALOS VERDES APPROVING, IT
CONDITIONS, FT -T -FAT GRADING PERMIT AND
SITE PLAN REVIEW (CASE ® Z N2005-00049), FOR
PROPERTY LOCATED T 28520 T IDRIVE.
WHEREAS, on May>:-; 20, 2004, staff received a complaint about alleged
unpermitted grading and to construction of retaining walls at the subject site. A
subsequent site visit indicated that the property owner constructed downslope retaining
walls along the rear and street side property lines and backfilled the previous slope.
Additionally, it was noted that the property owner constructed a 42" tall freestanding wall
within the intersection visibility triangle; and,
WHEREAS, on February 7, 2005, the applicant submitted an application for an
after the fact Grading Permit and Site Plan Review (Case No. ZON2005-00049), a
request to legalize the grading and walls. As part of the submittal, the applicant paid the
after-the-fact penalty fees. Staff completed an initial review of the application on
March 7, 2005, at which time the application was deemed incomplete due to missing
information on the project plans. On June 3, 2005, the applicant submitted the
remaining information needed to complete the application; and,
WHEREAS, on July 1, 2005, the applications for Grading Permit and Site Plan
Review were 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 Grading Permit and Site Plan
Review, would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt under Class 1 (Section 15301); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on August 9, 2005 and August 23, 2005, 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 HERESY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved project includes the 32 cubic yards of grading,
the construction a combination wall, with a maximum height of 10'-5", along the rear and
street side property line, and the construction of a 3'-6" freestanding wall within the
intersection visibility triangle.
P.C. Resolution No. 2005-36
Page 1 of 7
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Section 2: The grading does not exceed that which is necessary for the
permitted primary use of the lot, as defined in Chapter 17.96 of the Municipal Code.
The permitted primary use of the property is single-family residential. The grading
permit is to allow additional useable rear yard area for the property.
Section : The 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 project does not involve the construction of any new
structures, thus will not affect the view from another property. Furthermore, the project
has been conditioned such that the applicant is required to add landscaping that will
prevent a significant adverse affect on the visual relationships of the area
Section 4: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural. Due to the steepness of the
preexisting slopes, the resulting combination wall, with the required landscaping, will
have a similar appearance as the natural slope
Section : The grading takes into account the preservation of natural
topographical features and appearances by means of land sculpturing so as to blend
any man-made or manufactured slope into natural topography. Since the transition
slopes are a result of the original grading of the tract, there were no natural
topographical features on the site. Furthermore, no manufactured slopes were created
as part of this project.
Section : The grading will not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation. According to
the "Natural Vegetation of Rancho Palos Verdes" Map (dated June 11, 2003), which is
part of the City's NCCP, natural landscape or wildlife habitat does not occur within the
vicinity of site.
Section 7: The grading conforms to the standards set forth in Municipal Code
Section 17.76.040(E)(9) for heights of cut and fill. However, the applicant is grading on
slopes that exceed a 50% gradient and the retaining wall exceeds the Municipal Code
allowances.
Although the grading does not meet all of the criteria required for approval of a Grading
Permit, pursuant to Municipal Code Section No. 17.76.040(E)(10) the deviation in the
criteria is warranted and the project is approved because:
a) The first eight criteria of Municipal Code Section No. 17.76.040 have been
satisfied.
b) The approval is consistent with the purpose of Municipal Code Section No.
17.76.040, which states, "The purpose of the chapter is to provide reasonable
development of land, ensure the maximum preservation of the scenic character
of the area, ensure that the development of properties occurs in a manner
harmonious to adjoining properties, and that the project complies with the goals
P.C. Resolution No. 2005-36
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and polices of the General Plan." The proposed grading will allow the property
owner to expand their useable rear yard, and additional foliage as required by the
conditions of approval will prevent the wall from significantly impacting the scenic
character of the neighborhood.
c) Departure of the standards will not constitute a special privilege with the
limitations upon other properties in the vicinity. Inasmuch as the lot is a corner
lot that had steep transition slopes along the street side and rear property line,
which is a unique circumstance in the area, therefore the project will not
constitute a special privilege.
d) Departure from the standards will not be detrimental to the public safety, nor to
other property. Prior to issuance of building permits, the applicant is required to
engineer the retaining walls to meet the requirements of the building code.
These requirements are implemented for all retaining walls with a height greater
than three feet. Additionally, the applicant has prepared a geology report, which
has been reviewed and approved by the City's Geologist, which states that the
proposed project can be safely constructed. As such, deviating from the
standards does not alter the City's review of the structural and geological aspect
of the wall.
Section ® The Site Plan Review is warranted since the location and/or height
of the existing or proposed structure within the intersection visibility triangle allows for
the safe view of on-coming traffic by a driver approaching an intersection. The Director
of Public Works has reviewed the wall and has determined that it will not impair the view
of on-coming traffic by a driver approaching an intersection.
Section 9: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.76.040(H) 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 September 7, 2005.
Section 10: 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 approves the Grading
Permit and Site Plan Review to allow for 32 cubic yards of grading, the construction of a
combination wall, with a maximum height of 10'-5", along the rear and street side
property line, and the construction a 3'-6" freestanding wall within the intersection
visibility triangle (Case No. ,Z®N2005-00049); subject to the conditions contained in
Exhibit °A', attached hereto and made a part hereof, which are necessary to protect the
public health, safety and welfare in the area.
P.C. Resolution No. 2005-36
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PASSED, APPROVED AND ADOPTED this 23d day of August 2005, by the following
vote:
AYES:KARP, MUELLER, PERESTAM
NOES: GOLIDA
ABSTENTIONS:KNIGHT
ABSENT: GERSTNER, TETREAULT
Paul et9a-u-1t,
1.3hairman
J I Rjoas, AlCd I
tirecto of Plannk'ngAuilding and Code Enforcement; and,
cre n
S cre ry to the Planning Commission
P.C. Resolution No. 2005-36
Page 4 of 7
Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2 0 - 6)
Grading Permit and Site Plan Review
(Case No. ZON2005-00049)
1 The approval of this after-the-fact Grading Permit and Site Plan Review is to
allow 32 cubic yards of grading, the construction a combination wall, with a
maximum height of 10'-5", along the rear and street side property line, and the
construction of a 3'-6" high freestanding wall within the intersection visibility
triangle.
2. Approval of this after-the-fact Grading Permit and Site Plan Review shall not be
construed to mean any waiver of applicable and appropriate zoning regulations,
or any Federal, State, County, and City laws and regulations. Unless otherwise
expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
3. The applicant/property owner shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17.86.070 of the City's Development Code. This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
5. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions.
6. Permitted hours of construction are 7:00 a.m. to 7:00 p.m. Monday through
Saturday. No work is permitted on Sundays or legal holidays.
7. The project shall substantially conform to the plans stamped, and dated the
effective date of this approval, approved by the Planning Department.
8. The construction site, adjacent public and private properties 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,
P.C. Resolution No. 2005-36
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appliances or other household fixtures.
9. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant.
11. The exterior of the new wall (gray block) visible from the public right of way shall
be finished between the red brick pilasters with stucco or smooth plaster.
12. In order to soften the appearance of the walls, the applicant shall plant and
maintain landscaping in the area between the lower and upper wall. The
landscaping shall consist of vines, shrubs, or trees. Prior to the issuance of
building permits, the applicant shall submit a plan that indicates the species,
numbers, and location of the landscaping. This plan shall be subject to the
review and approval of the Director of Planning, Building, and Code
Enforcement. Said vines shall be planted by the applicant and inspected by
Planning Staff, prior to the issuance of building permit final.
13. The western portion of the street side combination wall, where the combination
wall meets the freestanding wall, shall be modified and maintained as depicted in
the photograph that is attached as Exhibit "B" of this resolution. Any guardrail
required in order to meet the Building Code shall be a minimum 80% light and
air.
P.C. Resolution No. 2005-36
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Exhibit "B"
Wall Modifications
(Planning Commission Resolution No. 2005-36)
Grading Permit and Site Plan Review
(Case No. ZON2005-00049)
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P.C. Resolution No. 2005-36
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