PC RES 2006-039 P.C. RESOLUTION NO. 2006-39
A RESOLUTION OF THE PLANNING COMMISSION F THE
RANCHOCITY OF PALPALOS VERDESAFFIRMING THE
DIRECTOR'S INTERPRETATION F SECTION
CONDITION NO. 2 OF EXHI IT` F RESOLUTION . 93-86
REGARDING ALLOWABLE GRADI ITHI AND OUTSIDE
THE BUILDING/GRADING RESTRICTI LINE FOR LOTS
TRACT N . 31617 ( EA
WHEREAS, a recent application for a new, single-family residence on a vacant lot in the
Seacrest community (Tract No. 31617) called into question the City's past (and future)
implementation of the provisions of Resolution No. 93-86, which establish the standards for
grading and development within and outside the Building/Grading Restriction (BGR)line for the
tract; and,
WHEREAS,the definition of grading that is"minor in scope"within the BGR line of Tract
No. 31617, as described in Section 5 of Resolution No. 93-86, has never been formally
established, nor has the scope of the prohibition against grading on slopes in excess of ten
percent(10%) steepness outside the BGR line, as established by Condition No. 2 of Exhibit°B'
of Resolution No.93-86, been formally delineated as either"no earth movement whatsoever"or
"no earth movement requiring a grading approval"; and,
WHEREAS, there are seven (7) remaining vacant lots in Tract No. 31617, so the
resolution of these remaining ambiguities with Resolution No. 93-86 will assist property owners,
Staff and the Planning Commission in the future; 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 this request would have a significant effect on the environment and,
therefore, the proposed project has been found to be exempt from CEQA because it is not a
project as defined in Section 15378 of the State's CEQA Guidelines; and,
WHEREAS, on May 17, 2006,the Director of Planning, Building and Code Enforcement
rendered a determination in this matter, and caused a notice of said determination to be sent to
the Rancho Palos Verdes City Council, the Rancho Palos Verdes Planning Commission and
interested parties, and to be published in the Palos Verdes Peninsula News on May 20,2006, in
compliance with the provisions of Section 17.90.040 of the Rancho Palos Verdes Development
Code; and,
WHEREAS, on May 23, 2006, less than fifteen (15) days following the Director's
determination, the Rancho Palos Verdes Planning Commission requested an interpretation
hearing in this matter; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the Planning Commission held an interpretation hearing on June
13, 2006, and August 8, 2006, 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 concurs with the determination by the Director
of Planning, Building and Code Enforcement regarding Section 5 and Condition No.2 of Exhibit
'B'of Resolution No. 93-86 regarding allowable grading within and outside the Building/Grading
Restriction line for lots in Tract No. 31617, to wit:
A. Minor non-remedial grading permitted within the BGR line of lots in Tract No.31617 shall
be less than fifty(50)cubic yards of cut and/or fill with a maximum depth of less than five
feet (5'-0"); and,
B. No grading whatsoever, whether exempt or non-exempt, shall be permitted on existing
slopes greater than 10-percent steepness outside the BGR line of lots in Tract
No. 31617.
C. The basis for determining the approved grade for lots in Tract No. 31617 shall be the as-
built grading plan that is retained in the City's files.
Section 2: The Planning Commission finds that the Director's interpretation,
described under Section 1 above, is consistent with the stated purpose of the Single-Family
Residential (RS) Districts under Section 17.02.010 of the Rancho Palos Verdes Development
Code to"provide for individual homes on separate lots, each for the occupancy of one family, at
various minimum lot sizes"; and is also consistent with General Plan Housing Policy No. 2 to
"[require]all new housing developed to include suitable and adequate landscaping,open space
and other design amenities to meet the community standards of environmental quality"; and
General Plan Housing Policy No. 17, which calls upon the City to "[make] every effort through
zoning...to preserve the rural and open character of the City."
Section 3: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17.90.050(D)of the Rancho Palos
Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the
grounds of the appeal and any specific actions requested by the appellant, and with the
appropriate appeal fee, no later than fifteen (15)days following August 8, 2006, the date of the
Planning Commission's final action.
Section 4: 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 affirms the Director's interpretation of
Section 5 and Condition No. 2 of Exhibit'B'of Resolution No. 93-86 regarding allowable grading
within and outside the Building/Grading Restriction line for lots in Tract No. 31617.
P.C. Resolution No. 2006-39
Page 2 of 3
PAS$ED, APPROVED, AND ADOPTED this 8 th day of August 2006, by the following
vote:
Commissioners Kar Lewis, Perestam, Ruttenberg and Tetreault,
AYES: P,9�
Vice Chairman Gerstner and Chairman Knight
NOES: none
ABSTENTIONS: none
ABSENT: none
Ji Knigh,
hairmain
Joqff Roj s, AiCP
®i ector k Planni Bu ding
an Co Enforc ent° nd,
Secre ary to the PI ing Commission
M:\Projects\ZON2006-00247(Tract 31617,BGR Interpretation)\20060808_Reso_PC.doc
P.C. Resolution No. 2006-39
Mage 3 of 3