PC RES 2007-004 P.C. RESOLUTION NO. 2007- 04
RESOLUTION F THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYINGWITHOUT
PREJUDICE A VARIANCE (PLANNING
Z 20 6400490) FOR A 7'®1" TO 8'®1 " HIGH
COMBINATION WALL IN THE EAST STREET SIDE Y
REDUCTION I THE 50%LANDSCAPING REQUIREMENT
AND CONDITIONALLY P R VIN IN PERMIT
(PLANNING CASE a Z N20 6- 490) FOR A 2'-11" T
4'-8" HIGH RETAINING WALL IN THE EAT STREET SIDE
YARD OF AN EXISTINGIN L - ILY RESIDENTIAL
LOT, LOCATED AT 6503 CERTA DRIVE
WHEREAS, on July 11, 2006, the City received a complaint about a non-permitted,
over-height wall being constructed in the front and street side yard of the property located
at 6503 Certa ®rive.
WHEREAS, on July 20, 2006, the City issued a Notice of Violation to the property
owner, and directed the property owner to remove the non-permitted wall and concrete
driveway and restore the property to its original condition, or apply for a Variance and
Grading approval.
WHEREAS, on September 11, 2006, property owners and applicants, Nicolae and
Elana laniu, submitted an application for Planning Case No. ZON2006-00490 for a
Variance request for an after-the-fact approval of a combination wall ranging in height from
7'-1" to 8'-10" in the east street side yard. The Variance request was also to reduce the
50% landscape requirement in the street side yard. The property owner also applied for a
grading permit to allow after-the-fact grading (fill) and a combination wall where the
retaining portion of the wall ranged in height from 2'-11" to 4'-8". On September 25, 2006,
staff completed the initial review of the application, at which time the application was
deemed incomplete due to missing information on the project plans and applications. On
November 28, 2006, the applicant submitted the final plans and applications to staff that
was needed to complete the application; and,
WHEREAS, on November 28, 2006, the application for Planning Case
No. ZON2006-00490 was 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 the approval of the requested Variance and
Grading Permit would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt (Section 15301(e)); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code,the Planning Commission held a duly-noticed public hearing on
January 23, 2007, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW,THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1: The Variance to allow after-the-fact approval of a combination wall
ranging in height from 7'-1"at the south end of the wall to 8'-10"at the north end of the wall
cannot be approved because:
A. There are no exceptional or extraordinary circumstances or conditions applicable to
the property or designated land use that do not apply to other properties in the same
zoning district because non-retaining portion of the wall could feasibly be moved a
minimum of 3-feet from the top of the retaining wall and therefore would be
considered a separate wall, and would no longer require a Variance. Specifically,
there are other alternatives that would afford the property owner additional useable
area in the side/rear yard without the need for a Variance and therefore there are no
exceptional or extraordinary circumstances associated with the property.
B. The proposed combination wall is not necessary for the preservation and enjoyment
of a substantial property right of the applicant, which is possessed by other property
owners in the same zoning district because there are other alternatives allowed
through the development code that would provide the privacy and safety needs
desired by the property owner without requiring a Variance.
Section 2: A Variance to allow after-the-fact approval for a reduction of the 50%
landscape requirement in the street side yard cannot be approved because:
A. There are no exceptional or extraordinary circumstances or conditions applicable to
the property or designated land use that do not apply to other properties in the same
zoning district. Specifically, the properties in the surrounding neighborhood meets
the 50% requirement for landscaping in their street side yard setbacks. Further, the
subject property originally had an abundance of landscaping in the street side yard,
and removal of 100% of the landscaping would be unnecessary and uncommon for
the neighborhood.
B. A combination wall is not necessary for the preservation and enjoyment of a
substantial property right of the applicant,which right is possessed by other property
owners under like conditions in the same zoning district. Specifically, a majority of
other similar properties maintain ample area dedicated to landscaping within their
street side yard setbacks. Further, providing landscaping across 50% of the street
side yard would not decrease the useable area in the side or rear yard.
P.C. Resolution No. 2007-04
Page 2 of 7
Section : A Grading Permit for an after-the-fact retaining wall in the east street
side yard that ranges in height from 2'-11" at the south end to 4'-8" at the north end is
approved because:
A. The grading does not exceed that which is considered necessary for the permitted
primary use of the lot. The underlying zoning district is single-family residential. The
retaining wall is common on slope lots and the height of the retaining wall is not
considered excessive.
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. The height of the retaining wall, once the non-retaining
portion is removed, will be significantly reduced and will not impair any views.
C. The grading minimizes disturbance to the natural contours and finished contours are
reasonably natural. As the project is in a completely developed neighborhood, and
adjacent to a residential street, the retaining wall provides additional support and
area to the street side yard and rear yard without significantly altering the
topography of the property.
G. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation, as there is no evidence
of natural landscape or wildlife habitat on the property.
H. The grading does not conform to the City's standards for heights of retaining walls
within the street side yard because the retaining wall ranges in height from 2'-11"at
the south end of the wall to 4'-8" at the north end, whereas the development code
allows a maximum height of 42 inches within the street side yard. However, the
grading permit may be granted in excess of that permissible by the development
because:
a. The criteria of subsections (E)(1) through (E)(8) of Municipal Code Section
17.76.040(E) have been satisfied, and;
b. The approval is consistent with the purposes set forth in the Municipal Code
Section 17.76.040, because the retaining wall would be harmonious with
other corner lots in the near-by neighborhood and the scenic character would
not be altered, and;
c. A departure from the standards of subsection (E)(9) of the Section
17.76.040.E., would not constitute a grant of special privileges found in the
surrounding area because restricting the grading and retaining portions of the
wall would prevent a reasonable use of the rear and side yard which is
enjoyed by other residents in the neighborhood, and;
d. Departure from the standards of subsection (E)(9) of this section will not be
P.C. Resolution No. 2007-04
Page 3 of 7
detrimental to the public safety nor to other property owners as building
permits will be required to be obtained with the review of engineered
drawings and construction of the wall, prior to issuance of a building permit.
Section 4: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) 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 accompanied by the appropriate appeal fee, no later than fifteen (15) days
following January 23, 2007, the date of the Planning Commission's final action.
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 Planning
Commission of the City of Rancho Palos Verdes hereby denies Variance (Planning Case
No. ZON2006-00490) and conditionally approves a Grading Permit (Planning Case
No. ZON2006-00490)for a retaining wall in the east side yard with maximum heights of 2'-
11" at the south end of the wall and 4'-8" at the north end of the wall located at 6503 Certa
Drive, subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 23rd day of January 2007, by the following
vote:
AYES: Commissioners Karp, Lewis, Perestam, Ruttenberg, Vice Chairman Gerstner,
Chairman Knight
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Tetreault
o•' 1
,1m Knight
Chairman
A A
Joel - • :s, AICP
Dire, • of PlanniI Building
and ' .de Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2007- 0 4
Page 4 of 7
3C I IT ®
CONDITIONS F APPROVAL FOR
PLANNING CASE 2 6® 4
(laniu, 6503 Certa rive)
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 listed below. Failure to
provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. This approval is for an after-the-fact approval of a retaining wall located along the
east street side property line of the subject lot. The maximum height of the retaining
wall shall not exceed 2'-11" at the south end of the retaining wall and 4'-8" at the
north end of the retaining wall. All portions of the wall that are not retaining dirt shall
be removed prior to issuance of building permits for the retaining wall. 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 the Grading Permit Case No.
ZON2006-00490 by the Planning Commission and shall require new and separate
environmental review.
3. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within
the public rights-of-way.
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 shall apply.
5. 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.
6. 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 Section 17.86.060 of the City's Municipal Code.
P.C. Resolution No. 2007-04
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7. 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 Section
17.86.070 of the City's Municipal Code within one hundred eighty days (180) of the
final effective date of the Notice of Decision, 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 Department of Planning, Building and Code Enforcement and approved
by the Director.
8. 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.
9. 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 the Notice of Decision.
10. 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.
11. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with
the permitted hours of construction stated in this condition.
12. Unless modified by the approval of future planning applications, the approved
project shall maintain a maximum of 50% lot coverage.
13. Maximum hardscape coverage within the 20-foot front-yard setback area shall not
exceed 50%. The property shall provide a minimum of 50% landscaping within the
front yard setback area, per the stamped APPROVED plans, and prior to final on the
building permit for the retaining wall
14. Maximum hardscape coverage within the 10-foot street side yard setback area shall
not exceed 50%. The property owner shall provide a minimum of 50% landscaping
within the street side yard prior to final on the building permit for the retaining wall.
The property owner shall submit a landscape plan, subject to review and approval
by the Director of Planning, Building and Code Enforcement, illustrating that the 50%
P.C. Resolution No. 2007-04
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landscape requirement has been met. All approved landscaping shall be installed
prior to final on the building permit.
15. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. 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.
16. All landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
17. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable bathrooms shall be provided on a construction site if required by
the City's Building Official. Said portable bathrooms shall be subject to the approval
of the City's Building Official and shall be placed in a location that will minimize
disturbance to the surrounding property owners.
18. Grading shall not exceed 20 cubic yards behind the retaining wall. No additional
grading is approved with this project
19. All applicable permits required by the Building and Safety Division shall be obtained
by the applicant for the retaining wall. If the property owner does not obtain approval
or final on the building permit, the property owner shall completely remove the
retaining wall.
20. Property owner shall remove all non-retaining portions of the wall along the east
street side yard prior to issuance of building permits for the retaining wall, or within
ninety (90) days from the date of this approval, whichever comes first.
21. The free standing wall in the front yard, along the south property line shall not
exceed a maximum height of 42 inches.
22. The wall located on the corner of the property shall not exceed a maximum height of
30 inches, as measured from the adjacent street curb elevation, within the triangular
space referred to as the "intersection visibility triangle" (Section 17.48.070 of the
Municipal Code). Any portions of the existing corner wall that exceed 30 inches,
shall be removed, per the stamped APPROVED plans, prior final on the building
pemit for the retaining wall.
P.C. Resolution No. 2007-04
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