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PC RES 2002-033P.C. RESOLUTION NO. 2002-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, GRADING PERMIT (CASE NO. ZON2002-00062), FOR TWO (2) AS BUILT RETAINING WALLS LOCATED ALONG THE REAR PROPERTY LINE MEASURING 7 -FEET IN TOTAL HEIGHT LOCATED AT 30822 RUE DE LA PIERRE. WHEREAS, on October 10, 2001, the applicant, Mr. & Mrs. Sartori, submitted a Grading application (Case No. 2002-00062), requesting approval for two (2) already built retaining wails located along the rear property line parallel to Rue De La Pierre. The retaining walls are built within three (3) feet of each other, therefore, they are considered one (1) wall measuring 8'-6" in total height from adjacent grade on the lower side to the top of the walls; and, WHEREAS, on April 5, 2002, upon submittal of additional information, Staff deemed the applications generally complete for processing, 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 Grading (Case No 2002-00062) would have a significant effect on the environment, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); and, WHEREAS, on June 14, 2002, the Director denied, without prejudice, Grading permit (Case No. ZON2002-00062); and, WHEREAS, on June 24, 2002, the applicant, Mrs Karen Sartori, appealed the Directors decision of denial, without prejudice, to the Planning Commission, and, WHEREAS, after notice issued pursuant to the requirements of the Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 13, 2002, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, at the August 13, 2002 Planning Commission meeting, the Commission conceptually approved the project and retaining walls, given that the applicant lower the taller retaining wall V-6", so as to bring the wall closer in comparison to what was originally approved. The Commission then directed Staff to bring back a Resolution of approval for adoption at the August 27, 2002 Planning Commission meeting, and, WHEREAS, at the August 27, 2002 Planning Commission meeting, the Commission reviewed new evidence presented by the applicant that the taller wall could not be lowered without affecting the structural integrity of the pool The Commission directed Staff to have a structural engineer look at the retaining wall and plans so as to give their opinion on whether or not the wall could be lowered. The Commission then continued the item to a date uncertain, and, P.C. Resolution No. 2002-33 Page 1 of 3 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 26, 2002, at which time all interested parties were given an opportunity to be heard and present additional evidence, and, WHEREAS, at the November 26, 2002 Planning Commission meeting, Staff presented the requested information, including the findings of the City's structural engineer, which concluded, based on a letter, that there was not any structural reason that the top 18 inches of the upper wall could not be removed since the pool and the planter box are not an integral part to the retaining wall and, thus, could be saw cut, not jack hammered, to lower the wall WHEREAS, at the November 26, 2002 Planning Commission meeting, in accordance with the City's structural Engineer's findings, the Commission upheld the appeal and overturned the Director's decision, thereby approving the retaining wall, given that the applicant lower the taller retaining wall V-6°' The Commission then directed Staff to prepare a Resolution of approval for adoption at the December 10, 2002 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: That the proposed 7 -feet of fill and the associated large retaining wall heights located along the rear property line (Rue De La Pierre) do not exceed that which is necessary for the permitted primary use of the lot, since the retaining walls are related to the pool and the enjoyment of their property Section 2: That the grading will not affect visual relationships from neighboring properties Once the existing 8'-6" high retaining wall is lowered to 7 -feet, it will not be clearly visible from many of the surrounding neighbors located on Rue De La Pierre, due to the orientation of these neighboring residences and the downslope location of the retaining walls. Given the stepping nature of the retaining wall(s), the walls do not appear as one large 7 -foot retaining wall that visually affects neighboring properties. Section 3: That the 7 -foot total height and the location of the grading does take into consideration the natural contours of the site. The proposed grading will not be unique to the slope and will not deviate from grading already performed on the slope for the placement of the approved pool. That many other residences in the neighborhood have retaining walls in their rear yard, which create more usable area on the lot and provide the homeowner with a usable side yard In addition, the retaining walls are stepped with the nature of the grade. Section 4: That the grading does take into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man- made or manufactured slope into the natural topography The two (2) retaining walls measuring 7 -feet in total height, do take into account topographic features because of the steeping nature of the walls and the downsloping nature of the pool and related uses " Section 5: The project will not cause excessive and unnecessary disturbance of any natural landscape or wildlife in that the grading has occurred on a slope that contained mostly weeds and dirt with little natural vegetation. Additionally, this area does not consist of any protected wildlife habitat or vegetation. Section 6: That the downslope retaining walls retain seven (7) feet, which exceeds the 3'-6" limit for downsloping retaining walls and exceeds the maximum depth cut of five (5) P C Resolution No. 2002-33 Page 2 of 3 feet. Although the project exceeds the requirements, the project could still be approved if certain findings are made As proposed, these certain findings can be made Specifically, the entire criterion of Development Code Section 17.076.040, subsections E.1 through E 8 has been satisfied, because the proposed grading is not excessive for that which is permitted for the primary use of the lot and the grading does not affect the visual relationships with surrounding neighbors. Further, the grading and retaining walls has occurred in a manner harmonious with adjacent lands given that this particular wall and grading activity is not the only one of its kind on the entire street, which spans approximately 15+ residences, and that the grading does help maintain the continuity of hill and valley throughout the neighborhood Lastly, that the approval of the grading application will not be detrimental to the public safety nor to other property in the neighborhood. Section 7: Any interested person may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17 02 040.C.1.j 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 the date of the Planning Commission's final action. Section 8: 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, with conditions, Grading permit (Case No ZON2002-00062) for two (2) retaining walls located along the rear property line parallel to Rue De La Pierre, which measure 7 -feet in total height PASSED, APPROVED AND ADOPTED this 10th day Of December 2002, by the following vote, AYES Commissioner Long, Mueller, Tomblin, Duran Reed NOES Commissioner Lyon ABSTENTIONS. Chairman Cartwright ABSENT. Commissioner Cote �G� el oras, AIOP Wetary or of Pla nin Building and Code Enforcement; and, to th nning Commission P.C. Resolution No. 2002-33 Page 3 of 3