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PC RES 2003-059P.C. RESOLUTION NO. 2003-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO GRADING PERMIT NO. 2286 (PLANNING CASE NO. ZON2003-00497) FOR FOUR (4) UPSLOPE RETAINING WALLS AND 676 CUBIC YARDS OF ADDITIONAL RELATED GRADING FOR A PROPOSED SINGLE-FAMILY RESIDENCE ON A VACANT LOT IN THE MIRALESTE HILLS COMMUNITY, LOCATED AT 3261 CROWNVIEW DRIVE WHEREAS, on June 11, 2002, the Planning Commission adopted P C. Resolution No. 2002-12, thereby conditionally approving Height Variation No 941 and Grading Permit No. 2286 for a new, 3 -story, 4,257 -square -foot single-family residence and 2,131 cubic yards of related grading on a vacant lot in the Miraleste Hills community, located at 3261 Crownview Drive; and, WHEREAS, on October 8, 2002, the applicant, Samuel Iskander, submitted plans to the Building and Safety Division to begin the plan check process leading to the issuance of a building permit for the project, and, WHEREAS, during the plan check process, it was determined that the approved 67% slope adjacent to the driveway could not be supported or built without the addition of retaining walls, and the applicant was advised that these additional retaining walls would require Planning Commission approval and the plan check for the project was put on hold; and, WHEREAS, on September 11, 2003, the applicant submitted an application for a revision to Grading Permit No. 2286 (Planning Case No. ZON2003-00497) to allow the construction of additional retaining walls and related grading for the project; and, WHEREAS, on October 10, 2003, the application for Planning Case No ZON2003- 00497 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 Planning Case No. ZON2003-00497 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, 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 25, 2003, 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 Planning Commission makes the following findings�of fact with respect to the application for a grading permit revision to allow four (4) additional upslope retaining walls and 676 cubic yards of related grading A The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Chapter 17.96 of the Development Code. All of the additional grading proposed would occur outside of the building footprint. This grading is necessary in order to ensure that the slopes adjacent to the "switchback" driveway do not exceed 67% and that the slope of the driveway itself does not exceed 20%. The provision of access to the new house is a necessary component of the project B. The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties. The review of the original applications for Height Variation No 941 and Grading Permit No. 2286 included analysis of the impacts of the proposed residence upon views from neighboring properties, as reflected in P.C. Resolution No. 2002-12 Landscape screening will be required in order to soften the appearance of the new retaining walls on the slope The proposed additional grading and retaining walls will not affect or alter the approved location, size, design or height of the residence C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The front portions of the existing site were modified as a part of the original mass grading of this area of Miraleste Hills community and the construction of Crownview Drive. Although the grading for the house and driveway will alter portions of the existing 1.51 front slope, the final grade of these slopes will resemble the current existing conditions Furthermore, this approval is conditioned to require additional landscaping in the areas between the three (3) retaining walls nearest to the driveway to minimize their appearance. The natural portion of the site—which is also the portion that is zoned OH—will not be altered by this project or the additional grading and retaining walls D The grading takes 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 natural portion of the property will not be altered by this project. P.0 Resolution No. 2003-59 ;Page 2 of 8 E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Chapter 17.02 of the Development Code. The review of the original applications for Height Variation No 941 and Grading Permit No. 2286 included analysis of the compatibility of the proposed residence with the character of the immediate neighborhood, as reflected in P.0 Resolution No. 2002-12. The proposed additional grading and retaining walls will not affect or alter the approved location, size, design or height of the residence. F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas, is not applicable to the proposed project because it does not involve the development of a new residential tract. G The required finding that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside is not applicable to the proposed project because it does not involve the creation of new streets. H The required finding that the grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation is not applicable to the proposed project because there is no natural landscape or wildlife habitat in the area of the lot proposed for development. I. The additional grading conforms to the Development Code standards for creation of new slopes, depth of cut and fill and driveway slopes, as specified in Section 17 76 040(E)(9) of the Development Code. J The additional grading does not conform to the Development Code standards for the number of upslope retaining walls permitted, as specified in Section 17.76.040(E)(9) of the Development Code. However, the increased number of walls—from one to four—is warranted because All of the grading criteria of subsections (E)(1) through (E)(8) of Section 17.76.040 are satisfied. The approval is consistent with the purposes set forth in subsection A of Section 17 76 040 because among the stated purposes of the City's grading regulations are "[ensuring] that development of each parcel of land occurs in a manner harmonious with adjacent lands...", and increased number of upslope retaining walls is needed in order to provide an appropriate 67% slope adjacent to the access driveway for the subject property, which is necessary for its development with a single-family residence. P C Resolution No 2003-59 Page 3 of 8 ill. Departure from the standards in subsection (E)(9) of Section 17.76.040 will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity because multiple, stepped retaining walls are not unusual in the City's hillside neighborhoods such as Miraleste Hills, where they are frequently necessary due to steep topographic conditions, both natural and man-made. In this case, they are specifically necessary in order to provide for the access driveway for the future house iv. Departure from the standards of subsection (E)(9) of Section 17.76.040 will not be detrimental to the public safety nor to other property because, prior to building permit issuance, the proposed retaining walls and additional related grading will be reviewed by the City's building official and geotechnical consultant to ensure that they are constructed in a manner that protects the safety of the subject property, as well as adjacent private properties and public right-of-way Section 2: 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(D)(10)(e) 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 25, 2003, the date of the Planning Commission's final action. Section 3: 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 a revision to Grading Permit No. 2286 (Planning Case No. ZON2003-00497) for four (4) upslope retaining walls and 676 cubic yards of additional related grading for a proposed single-family residence on a vacant lot in the Miralesfe Hills community, located at 3261 Crownview Drive, 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 in the area. P.0 Resolution No 2003-59 Page 4 of 8 PASSED, APPROVED and ADOPTED this 25th day of November 2003, by the followirfl*7 vote I AYES Vice Chairman Mueller, Commissioners Cartwright, Duran Reed, Lyon and Tomblin NOES: none ABSTENTIONS none ABSENT Chairman Long and Commissioner Cot6 'o jas' Al P D1 ec ) r of PI ung, Building an ode Enforcement; and Secretary to the Planning Commission Craig Mueller Vice Chairman P C Resolution No. 2003-59 Page 5 of 8 4N9.r--TiW-'1 CONDITIONS OF APPROVAL FOR PLANNING CASE NO. ZON2003-00497 (Iskander, 3261 Crownview Drive) General Conditions: 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 contained in this Resolution Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void 2 This approval is for the construction of four (4) upslope retaining walls and 676 cubic yards of additional related grading for an approved but not -yet -built single-family residence on a vacant lot in the Miraleste Hills community, located at 3261 Crownview Drive 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 by the Planning Commission and shall require new and separate environmental review. 3 All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS -2 district development standards of the City's Municipal Code. 4. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 5. If the project has not been established (i.e , building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, 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. Otherwise, a grading permit revision must be approved prior to further development. 6. 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 P C Resolution No. 2003-59 Page 6 of 8 7. 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 this Resolution. 8. Except as modified by this Resolution, all conditions of approval for Height Variation No. 941 and Grading Permit No. 2286, as originally approved by the Planning Commission on June 11, 2002 pursuant to P.C. Resolution No. 2002-12, remain valid and in full force and effect. Revision to Grading Permit No. 2286: 9. The approved grading quantities for the project are as follows: Cut Fill Total Net 3261 Crownview Drive 2,302 223 2,525 <2,079> 3285 Crownview Drive 281 1 282 <280> Total 2,582 224 2,807 <2,359> Prior to building permit final, the applicant shall provide dump receipts for the export of 2,359 cubic yards of material from the site. 10. The maximum height of the upslope retaining wall at the southerly side property line shall be 8'. 11. The maximum height of the upslope retaining wall immediately adjacent to the driveway shall be 5'. 12. The maximum height of the two (2) upslope retaining walls located in the middle of the slope shall be 3'. 13. The maximum slope between the retaining walls described above shall be 67%(i.e., 1.5:1). 14. Prior to building permit issuance: a. The applicant shall obtain final approval of the revised grading from the City's geotechnical consultant. b. The applicant shall provide a copy of the approved plans to the owners of the adjoining upslope property at 3285 Crownview Drive, and shall provide them with forty-eight (48) hours advance notice of the commencement of grading and construction. P.C. Resolution No. 2003-59 Page 7 of 8 C The applicant shall submit a landscape plan for the front slope area for the review and approval of the Director of Planning, Building and Code Enforcement. Said plan shall include the use of vines and/or shrubs in front of the approved retaining walls (except for the wall immediately abutting the driveway) that will grow to sufficient density and coverage to screen the appearance of the walls. Landscape screening for the walls shall be installed to the Director's satisfaction prior to building permit final for the new single- family residence M \Projects\ZON2003-00497 (Iskander, 3261 Crownview Dr)\PC Resolution 2003-59 doc P C. Resolution No. 2003-59 Page 8 of 8