PC RES 2001-019P.C. RESOLUTION NO. 2001-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 2243
AND SITE PLAN REVIEW NO. 8987 FOR A TOTAL OF 1,480 CUBIC
YARDS OF GRADING TO ACCOMMODATE A NEW 1,850 SQUARE FOOT
ONE-STORY, SINGLE-FAMILY RESIDENTIAL STRUCTURE WITH A 556
SQUARE FOOT DETACHED GARAGE ON A VACANT LOT, AT A HEIGHT
OF 13.4 -FEET AS MEASURED FROM THE HIGHEST PRE -
CONSTRUCTION PAD ELEVATION TO RIDGE, AND AN OVERALL
HEIGHT OF 17 -FEET AS MEASURED FROM THE LOWEST FINISH
GRADE ELEVATION TO RIDGE. THE PROJECT IS APPROVED FOR
PROPERTY LOCATED AT 4105 PALOS VERDES DRIVE EAST (APN
7566-006-039)
WHEREAS, on September 19, 2000, the applicant Larry Peha representing property
owner Andre Ruggeri, submitted Grading Permit No 2243 and Site Plan Review No 8987
for the construction of a 1,850 square foot residential structure with a 556 square foot
detached garage, and,
WHEREAS, on October 4, 2000, Staff deemed the application incomplete pending
the submittal of additional information; and
WHEREAS, on June 1, 2001, after submittal of additional information, the
applications 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 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 Grading Permit No. 2243 and Site Plan Review
No. 8987 would have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt under Class 3 (New Construction) since
the project involves an addition to an existing residential structure, 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 July 24, 2001, at which time all interested parties were given an opportunity to be heard
and present evidence;
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Section 1: The proposed grading does not exceed that which is necessary for the
permitted primary use of the lot The majority of the grading is directly related to the
primary use of the lot since the majority of the grading will be conducted to accommodate
the construction of a residential structure, and related improvements, which includes
garage, driveway, pool and yard area; and,
Section 2: The grading and related construction will not significantly adversely
affect the visual relationships nor the views from, neighboring properties The new
residence will be constructed within the allowable building envelope of 16'/20' far pad lots.
Further, the property to the west is at a sufficiently higher elevation where the new structure
will not encroach into any view. Furthermore, no grading is being conducted to raise the
height of the existing pad elevation, and,
Section 3: The grading minimizes disturbance to the natural contours since the
majority of the grading is to prepare the site for construction of a new residence. Further,
the grading will be concentrated to a 12,000 square foot portion of the 3 5 -acre lot, where
3 2 acres of the site will not be graded or improved, and,
Section 4: The grading takes into account the preservation of natural topographic
features since the project will be concentrated to a small portion of the subject property,
and the majority of the site will not be graded or improved Further, the new residence will
be small and will maintain a one-story design, which follows the topography of the site; and,
Section 5: The proposed one-story structure is compatible with the immediate
neighborhood character, and is consistent with the mix of homes in the neighborhood
Further, the architectural style, roofing material and roof pitch will be consistent with other
homes in the neighborhood. Furthermore, the structure will be smaller than any other
residence, and the structure will be physically separated from the adjacent neighborhoods
due to the large subject site and the location of the structure on the site, and,
Section 6: The criteria of Subsections E.1 through E 8 of Development Code
Section 17.76.040 have been made in a positive manner, and,
Section 7: The grading application is consistent with the purpose and intent of the
Section 17 76 040A since it provides for the reasonable development of the parcel with
a residential structure; and,
Section 8: Approval of the grading application will not constitute a grant of special
privilege since allowing for a 12,000 square foot buildable area will be similar to the other
properties in the neighborhood where the properties average over 28,000 square feet in
area and are not constrained by topography
Section 9: 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 Grading Permit No. 2243
and Site Plan Review No. 8987 for 1,480 cubic yards of grading to accommodate the
construction of a new one-story residence and detached garage on a vacant lot, 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
P C. Resolution No. 2001-19
Page 2
Section 10: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council Pursuant to Section 17.80 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 fifteen (15) days following July 24, 2001, the
date of the Planning Commission's final action
PASSED, APPROVED, AND ADOPTED this 24`h day of July 2001, by the following vote:
AYES. Cartwright, Clark, Long, Lyon, Paulson, Vanhorsdall
NOES None
ABSTENTIONS' None
ABSENT Mueller
Joql Rod s, AICP
Dir k!oYof Plann in uilding and
Code Enforcement. d, Secretary
to the Planning Commission
.�Wa —
Frank Lyon C�l
Planning Commission Chairman
P C Resolution No. 2001 -
P -1
age
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P.C. RESOLUTION NO. 2001-19
EXHIBIT 'A'
CONDITIONS OF APPROVAL
GRADING PERMIT NO. 2243
SITE PLAN REVIEW NO. 8987
Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
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 approval Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void
2 The approval shall becomes null and void after one year from the date of approval
unless the approved plans are submitted to the Building and Safety Division to initiate
the "plan check" review process
Site Plan Review.
3 The setbacks illustrated on the approved plans shall be maintained, but shall not be less
than the following
• Front yard 20'0" minimum
• Side yard 5'-0" minimum
• Rear yard 15'-0" minimum
4 The maximum height of the structure shall not exceed 13 4', or a ridge elevation of
79140', as measured from the highest preconstruction pad elevation to be covered by
the structure of 778 00' Further, the maximum overall height shall not exceed 17 0',
as measured from lowest finish grade elevation to be covered by the structure of
774 40' FINISH PAD ELEVATION CERTIFICATION REQUIRED BY A LICENSED
CIVIL ENGINEER, AND RIDGE HEIGHT CERTIFICATION REQUIRED BY A
LICENSED CIVIL ENGINEER.
5 The maximum structure size of the residence (habitable area) shall be limited to a total
area of 1,850 square feet. In addition, the detached two -car garage will contain 556
square feet. STRUCTURE SIZE CERTIFICATION REQUIRED BY A LICENSED CIVIL
ENGINEER.
P.C. Resolution No. 2001-19
Exhibit "A" — Conditions of Approval
GR No. 2243 & SPR No. 8987
Page 1
6. A minimum two -car garage shall be maintained, with each space being individually
accessed and each maintaining a minimum unobstructed dimension of 9 -feet -wide by
20 -feet -deep by 7 -feet -vertical clearance
7 The maximum slope of the new driveway between the garage and the access easement
shall be limited to 20% (proposed: 20%).
8. Due to the subject property's location in the RS -2 zoning district, a maximum of forty
(40%) percent lot coverage shall be allowed on the lot (proposed: 10%)
9 Fences, walls, hedges, pilasters, etc. located between the street of access and the
fagade of the structure closest to the front property line shall be limited to 42 -inches in
height as measured adjacent grade. If the height exceeds the 42 -inch height limit,
separate Planning Department review and approval shall be required prior to
construction.
Grad►n4
10.Approval is for a maximum of 1,480 cubic yards of grading. Specifically, 240 cubic
yards under the building pad, garage and driveway; 650 cubic yards east of the new
residence to accommodate the pool and deck area, 240 cubic yards south of the new
residence to accommodate a yard area; 170 cubic yards to the west for a garden area;
and 180 cubic yards for the caissons. If the amount of grading exceeds the above-
mentioned quantities, additional Planning Department approval shall be required.
11. A maximum of three, 42 -inch high retaining walls are allowed downslope of the new
residence.
12 A maximum of one, 6 -foot -high retaining wall is allowed upslope of the new residence.
13.A maximum of 10 caissons are allowed with this approval
14 Prior to issuance of Grading Permits, the landowner shall submit a plan for hauling
routes and a hauling schedule for review and approval by the Director of Public Works.
All hauling trucks shall be covered so that no soil, rocks, or other debris may escape the
truck during transport.
General
15. Construction of the project shall substantially conform to the plans stamped as
approved by the Planning Department with the effective date of this approval
P.C. Resolution No. 2001-19
Exhibit "A" — Conditions of Approval
GR No. 2243 & SPR No. 8987
Page 2
16. The access easement shall remain free and clear to allow vehicular access for the
upslope neighbor.
17 No grading, construction or improvements are allowed with the easement identified for
storm drain diversion, or any other easements that traverse the subject property
18 Any landscaping that is planted on the subject property shall be of a type that can be
reasonably maintained at 16 feet.
19. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
20. All necessary permits required by the Public Works Department shall be obtained for
all work including but not limited to the driveway approach, portion of the driveway, etc.
that encroach into the public right-of-way
21. The hours of construction shall be limited to 7:00 a.m. to 7.00 p.m., Monday through
Saturday. No construction shall be permitted on Sundays or on legal holidays
22 The construction site 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 is not 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
23. The maximum eave projection allowed into the required setback areas shall not exceed
6 -inches for each 1 -foot of required setback
24 The construction site shall be temporarily enclosed with a six (6'-0") foot high chain-link
fence during the length of construction of the residential structure. However, the
fencing shall not affect, alter, hinder, impede, etc. access to the adjacent upslope
neighbor
25. The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
P.C. Resolution No. 2001-19
Exhibit "A" — Conditions of Approval
GR No. 2243 & SPR No. 8987
Page 3