Loading...
PC RES 2001-042P.C. RESOLUTION NO. 2001-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, APPROVING AN AMENDMENT TO GRADING PERMIT NO. 1950 -REVISION 'A`, THEREBY AMENDING CONDITION NO. 11 OF P.C. RESOLUTION NO. 2001-03 FOR A SINGLE-FAMILY RESIDENCE IN THE CRESTMOUNT COMMUNITY, LOCATED AT 3434 NEWRIDGE DRIVE WHEREAS, on February 17, 1998, the City Council approved (on appeal) Grading Permit No. 1950 for a new, 5,800 -square -foot single-family residence in the Crestmount community, subject to conditions of approval limiting the total quantity of grading, limiting the height and number of retaining walls and fences, and requiring separate site plan review approval for any future swimming pool, and, WHEREAS, on May 18, 2000, the applicants, Gene and Leonna Price, submitted applications for Grading Permit No. 1950 -Revision 'A', Minor Exception Permit No 563 and Site Plan Review No. 8310 to allow four hundred sixty-two cubic yards (462 yd 3) of additional grading for new and modified retaining walls, 5 -foot -tall fencing and 6 -foot -tall vehicle gates in the front- and street -side setback areas, and a swimming pool, and, WHEREAS, on January 26, 2001, the applications for Grading Permit No 1950 - Revision 'A', Minor Exception Permit No. 563 and Site Plan Review No 8310 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 1950 -Revision 'A', Minor Exception Permit No 563 and Site Plan Review No. 8310 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303(x)), and, WHEREAS, on February 27, 2001, the Planning Commission adopted P.C. Resolution No. 2001-03, thereby conditionally approving Grading Permit No. 1950 -Revision 'A', Minor Exception Permit No 563 and Site Plan Review No. 8310; and, WHEREAS, Condition No 11 of P C Resolution No. 2001-03, which was imposed based upon concerns raised by the neighboring property owners at 3417 Starline Drive, Tom and Francine Accetta, regarding damage to the swale and fence that had occurred during construction of the Prices' home, states that "[the Prices] shall be responsible for repairing any portion of the existing drainage swale and chain-link fence that has been undermined by the excavation of the upslope retaining wall", and, 9 0 WHEREAS, Condition No 11 of P C Resolution No 2001-03 was also imposed based upon a survey provided by the Prices, which depicted a significant portion of the swale and fence on the Prices' property, as well as upon the assumption that the Accettas would allow the Prices to repair any damaged portion of the swale and fence that were located on the Accettas' property since Condition No. 11 was imposed based upon the Accetta's concerns, and, WHEREAS, the City subsequently learned that the Prices and the Accettas each obtained restraining orders against one another to prevent access to one another's properties, and that the Accettas have filed suit against the Prices to assert and establish rights to the portions of the property containing the Swale and fence that were depicted as a part of the Prices' property in the above-mentioned survey, and, WHEREAS, the Prices claim that they are unable to repair any damaged portions of the swale and fence, as required by Condition No. 11, without violating the restraining orders or conflicting with the pending litigation; and, WHEREAS, On August 28, 2001, the City sent a letter to the Accettas asking for independent confirmation of the Prices' claim that the Accettas would prevent the Prices from repairing the swale and fence; and on September 5, 2001, the Accettas' attorney responded to the City's letter and confirmed that the Accettas would not allow the Prices access to repair the swale and fence, and, WHEREAS, the Director of Planning, Building and Code Enforcement believes that adequate evidence exists that the Prices are unable to fulfill the requirements of Condition No 11 of P C Resolution No 2001-03 due to circumstances beyond their control, and that Condition No. 11 should be rescinded or amended, 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 November 13, 2001 to consider the rescission of Condition No. 11, 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 hereby finds that the Prices are unable to fulfill the requirements imposed by Condition No 11 of P C Resolution No 2001-03 due to circumstances beyond their control The City was concerned that relieving the Prices of the obligation to repair the swale might jeopardize the safety of the Prices, the Accettas and the other "upstream" property owners served by the swale, as well as the City's public rights-of- way In response, the Prices' engineer has provided a statement attesting to the adequacy the existing site drainage, including the swale in its current condition, which is a standard requirement for the development of new homes The City's geotechnical consultant and P C Resolution No 2001-42 Page 2 of 4 0 0 Building Official have previously inspected the Swale and the adjacent grading, and no potential adverse impacts to the subject property or neighboring properties were noted Therefore, the Planning Commission hereby amends Condition No. 11 of P.C. Resolution No 2001-03 to read as follows "The applicants shall be responsible for repairing any portion of the existing drainage swale and chain-link fence that has been undermined by the excavation of the upslope retaining wall. This condition shall be satisfied as to the portions of the swale that are located upon both the applicant's property and the upslope neighbor's property, when the legal impediment that is preventing the applicants from performing the work on the upslope neighbors' property is eliminated and the consent of the upslope neighbors to allow the applicants reasonable access to the upslope property is obtained " Section 2: The Planning Commission also hereby finds that all other conditions of approval contained in Exhibit `A' to P C Resolution No. 2001-03 remain valid and in full force and effect 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 76 040(H) 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 November 13, 2001, 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 approves an amendment to Grading Permit No 1950 -Revision 'A`, thereby amending Condition No 11 of PC Resolution No 2001-03 for a single-family residence in the Cresfmounf community, located at 3434 Newridge Drive. P C. Resolution No 2001-42 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 13th day of November 2001, by the following vote: AYES. Chairman Lyon, Commissioners Cartwright, Long, Mueller, Paulson and Vannorsdall NOES none ABSTENTIONS: none ABSENT: Vice Chairman Clark wa, e I MII VIII I II Y. Frank Lyon z07 Chairman Ooel oras, A,,,,6 I Vireq)or of P 31 nni Building and Cbcre Enforce t, and, Secretary to the Planning Commission M \Projects\ZON2001-00073 (Price, 3434 Newridge Dr)\20011113—Reso—PC doc P C Resolution No 2001-42 Page 4 of 4