PC RES 2009-045 P.C. RESOLUTION NO. 2009-45
RESOLUTION OF THE PLANNING COMMISSION F THE CITY OF
RANCHO P L S VE DES DENYING THE APPEAL OF CASE NO.
ZON2008-00483, THEREBY UPHOLDING THE DIRECTOR'S
DECISION TO DENY A SITE PLAN REVIEW AND GRADING PERMIT,
AND APPROVING AN AFTER-THE-FACT GRADING PERMIT (30
STALLION ROAD)
WHEREAS, on May 5, 2009, the Director of Planning, Building and Code Enforcement
denied a Site Plan Review and Grading Permit application (Planning Case No. ZON2008-
00483), requesting additions totaling 3,547 square feet of additional habitable space (excluding
the garage) as well as 320 cubic yards of grading, but approved an after-the-fact Grading Permit
for existing 8'-0" and 9'-0" tall adjoining retaining walls along the southern property line; 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 Regulation, 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 ZON2008-00483 would have a significant effect on the
environment and, therefore, the proposed project has been found to be categorically exempt
under Class 3 (Section 15303) since the project involves the additions to an already developed
lot; and,
WHEREAS, on May 19, 2009, the project applicant filed a timely appeal of the Director's
approval, requesting that the Planning Commission overturn the Director's denial of the
requested Site Plan Review and Grading Permit; and,
WHEREAS, on July 29, 2009, the applicant submitted a request for a continuance of the
public hearing; and
WHEREAS, on August 11, 2009, after notice issued pursuant to the requirements of the
Rancho Palos Verdes Development Code and at which time all interested parties were given
the opportunity to be heard and present evidence, the Planning Commission continued the
public hearing to October 27, 2009 Planning Commission meeting.
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 makes the following findings a fact with
respect to the appellants request to overturn the Director's denial of the requested Site Plan
Review and Grading Permit:
A.) The proposed project does not meet all the findings for a determination of
neighborhood compatibility, as the proposed project's total size of 8,418 square feet is not
compatible with the neighborhood average home size of 2,719 square feet, and is significantly
larger than the largest neighboring home of 3,961 square feet.
B.) While the Municipal Code does not have a specific requirement restricting the
floor area of a proposed structure, when compared with the scale of the other residences within
the immediate neighborhood, the existing residence is currently by far the largest residence in
P.C. Resolution No. 2009-45
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the immediate neighborhood and the proposed project would result in a structure not compatible
with the scale of the surrounding residences.
Section 2: The Planning Commission hereby reaffirms the Director's approval of an
after-the-fact Grading Permit for the existing 8'-0" and 9'-0" tall adjoining retaining walls along
the southern property line. The Grading Permit can be approved because the non-permitted
retaining walls match the expired planning approved plans on file with the City, with no
modifications made to the walls since the previous approval, thereby upholding all the findings
made in association with Grading Permit No. 2072, approved on March 12, 1999.
Section 3e For the foregoing reasons and based on the information and findings
included in the Staff Reports, the Planning Commission of the City of Rancho Palos Verdes
hereby denies the appeal request, thereby upholding the Director's denial of Case No.
ZON2008-00483 for a Site Plan Review and Grading Permit, and approval of an after-the-fact
Grading Permit for the existing, non-permitted retaining wall along the southern property line,
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.
PASSED, APPROVED AND ADOPTED this 27th day of October 2009, by the following vote:
AYES: Commissioners Knight, Perestam, Ruttenberg, Tetrault
NOES: Commissioner Tomblin, Vice Chairman Gerstner, Chairman Lewis
RECUSALS: None
ABSTENTIONS: None
ABSENT: None
Chairma
C49
Joel Rojas, AICP
Director of Planning, Building
and Code Enforcement; and,
Secretary of the Planning Commission
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EXHI IT 6A'
CONDITIONS F APPROVAL
PLANNING CASE NO. ZON2008-00483
30 STALLION RI ( INE)
1. Approval of this Grading Permit 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.
2. The approval shall become null and void after 180 days from the date of 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.
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. Said
statement shall be submitted to the Director of Planning, Building, and Code
Enforcement prior to submittal of plans to "plan check" or within ninety (90) days of the
effective date of approval, which ever occurs first. Failure to provide said written
statement shall render this approval null and void.
4. All necessary Permits from the Building and Safety Division shall be obtained and
finaled.
5. This permit is to legalize the grading activity that was approved, and subsequently
conducted, under Grading Permit No. 1562 in July 1991. Specifically, an 8-foot high, 60-
foot long, retaining wall parallel to the south property line at a 5-foot minimum setback,
and 120 cubic yards of grading. This grading permit is also to legalize the after-the-fact
9 foot tall, 24 foot long retaining wall and stepping down to a height of 3 feet tall, parallel
to the south site property line at a 5 foot minimum setback; and for the removal of 44
cubic yards of earth through the property, approved under Grading Permit No. 2072 in
March 1999.
6. The overall height of the wall shall not exceed 9 feet tall, as measured from the lower,
down-slope site, and retain 8 feet of earth.
7. The portion of the hillside up-slope and adjacent to the retaining wall shall be maintained
with vegetation to stabilize the slope and prevent soil erosion.
8. 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. Trucks and other construction vehicles
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 above.
9. The project shall substantially conform to the plans stamped, and dated the effective
date of this approval, approved by the Planning Department.
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10. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
11. 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, appliances or other
household fixtures.
12. The Director of Planning, Building and Code Enforcement is authorized to approve minor
modifications to the conditions of approval and/or the approved plans, provided such
modifications will achieve substantially the same results as would strict compliance with
the original plans or conditions.
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