PC RES 2004-024P.C. RESOLUTION NO. 2004-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A GRADING PERMIT (CASE NO. ZON2003-
00642), FOR PROPERTY LOCATED AT 30130 CARTIER DRIVE.
WHEREAS, on November 26, 2003, the applicant submitted a Grading Permit
application requesting to construct a 4,678 square foot new residence on a vacant lot
and conduct 2,322 cubic yards of grading; and,
WHEREAS, on December 23, 2003, staff completed the initial review of the
proposed application, at which time it was deemed ; incomplete due to missing
information on the project plans and/or application. This additional information was
submitted to the City on April 22, 2004, and,
WHEREAS, on April 29, 2004, the application for a Grading Permit 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 Grading Permit, 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); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearing on May 25, 2004, 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: That the approved project includes the construction of a 4,678
square foot single family residence on a 15,178 square foot unimproved parcel and
2,322 cubic yards of grading
Section 2: 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 Municipal Code. The
permitted primary use of the property is single-family residential. The applicant has
limited the grading to be under the building footprint and for access to and around the
building
Section 3: The grading and/or related construction does not significantly
adversely affect the visual relationships with, or the views from, neighboring properties.
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After a review of the area, it has been found that the structure does not create view
impairment, as viewed from the viewing area of other properties
Section 4: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural The applicant has minimized
the grading to areas be under the building footprint and for access to and around the
building The remaining portions of the property will be left in an undisturbed state while
all finished contours will resemble the natural contours of the lot
Section 5: The grading takes into account the preservation of natural
topographical features and appearances by means of land sculpturing so as to blend
any man-made or manufactured slope into natural topography. As noted in the previous
section, the applicant has minimized the grading to areas be under the building footprint
and for access to and around the building. Furthermore, the manufactured slopes are
proposed to resemble the natural contours of the lot, thus blending in man-made slopes
into the natural topography of the lot.
Section 6: The grading and all related construction is compatible with the
character of the immediate neighborhood Based on an analysis of the area, it is found
that the proposed structure is consistent with the character of the immediate
neighborhood with respect to architectural style and materials, bulk and mass, number
of stories, structure siie, front, side, and rear yard setbacks, and open space between
structures.
I
Section 7: The grading will not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation The
vegetation that exists in the proposed grading area consists of invasive weeds and
grass, which are not considered part of the natural vegetation of the area and does not
serve as a wildlife habitat
Section 8: The grading conforms to the standards set forth in Municipal Code
Section 17.76 040(E)(9) for heights of cut and fill since the maximum depth of cut is 15,
which is necessary because the existing slope of the lot causes the need for the
excessive depth of cut in order to locate the residence on the site. However, the
applicant is grading on slopes that exceed a 50% gradient, finished contours exceed a
35% gradient, and the proposed retaining walls exceed the Municipal Code allowances.
Although the grading does not meet all of the criteria required for approval of a Grading
Permit, pursuant to Municipal Code Section No. 17.76 040(E)(10) the deviation in the
criteria is warranted and the project is approved because,
a) The first eight criteria of Municipal Code Section No. 17.76.040 have been
satisfied.
b) The approval is consistent with the purpose of Municipal Code Section No
17 76 040, which states, "The purpose of the chapter is to provide reasonable
development of land, ensure the maximum preservation of the scenic character
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of the area, ensure that the development of properties occurs in a manner
harmonious to adjoining properties, and that the project complies with the goals
and polices of the General Plan." Due to the nature of the topography of lot, the
requested deviations are necessary in order to allow the construction of a
residence on the subject lot Additionally, it is found that several properties have
constructed large retaining walls and have extreme slopes. Furthermore, the
proposed 2.1 slopes between retaining walls will preserve the scenic character of
the area
c) Departure of the standards will not constitute a special privilege with the
limitations upon other properties in the vicinity In a review of the area, several
other properties were noted that have similar deviations as the applicant is
proposing, therefore the project will not constitute a special privilege.
d) Departure from the standards will not be detrimental to the public safety, nor to
other property. Prior to issuance of building permits, the applicant is required to
engineer the retaining walls to meet the requirements of the building code.
These requirements are implemented for all retaining walls with a height greater
than three feet. Additionally, the applicant has prepared a geology report, which
has been reviewed and approved by the City's Geologist, which states that the
proposed project can be safely constructed. As such, deviating from the
standards does not alter the City's review of the structural and geological aspect
of the wall
Section 9: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.76.040(H) and
17.80.070 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 June 9, 2004.
Section 10: For the foregoing reasons and based on the information and
findings included in the Staff Reports, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves, with
conditions, the Grading Permit (Case No. ZON2003-00642), thereby allowing the
construction of a 4,678 square foot single family residence on a 15,178 square foot
unimproved parcel and 2,322 cubic yards of grading
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PASSED, APPROVED AND ADOPTED this 25th day of May 2004, by the following
vote
AYES: GERSTNER, KARP, KNIGHT, TETREAULT, COTE, MUELLER
NOES. NONE
ABSTENTIONS NONE
ABSENT: VAN WAGNER
Craig Mueller,
Chairman
,36el Rajas,
AIC16
�Dire for of Plan in Building and Code Enforcement; and, Dire
to the Planning Commission
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-24)
Grading Permit (Case No. ZQN2003-00642)
1. The approval of this Grading Permit is to allow 2,322 cubic yards (2,226 cubic
yards of cut and 96 cubic yards of fill) of grading, and the construction of a 4,678
square foot (2,539 square feet on the lower floor, 2,319 square feet on the upper
floor, a 43 square foot roof deck and a 443 square foot roof deck on the west
side of the structure) single family residence.
Additionally, the Grading Permit allows the construction of two retaining walls to
the rear of the residence with a maximum height of 8 55', one retaining wall on
the north side of the residence with a maximum height of 9 3', one retaining wall
on the south side of the residence with a maximum height of 9.3', and four
retaining walls to the front of the residence, with a maximum height of 6'.
2 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.
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.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
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.
5 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions
6 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.
7 The project shall substantially conform to the plans stamped by the Planning
Department, and dated the effective date of this approval.
8 The construction site, adjacent public and private properties shall be kept free of
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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.
9 In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
10. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction
11. The proposed structure shall maintain the following minimum setbacks
20'-0" front (proposed. 36'-8")
15'-0" rear (proposed. 49'-8%")
5' side (proposed: 18'-0" on north, 10'-0" on south)
12. The proposed residence shall not exceed a height of 28', as measured from the
lowest grade adjacent to the foundation/slab (112.3') to the highest ridgeline of
the residence (140 3'), and a height of 0 1', as measured from the highest
existing grade covered by structure (140.2') to the ridgelme of the residence
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
13 Other than the approved retaining walls, no fence, hedge, or pilaster that
exceeds the height of 42" shall be located in the area between the front property
line and the exterior facade of the existing single-family residence closest to the
front property line.
14. Prior to building permit issuance and/or commencement of grading, whichever
occurs first, the applicant shall obtain approval of a haul route from the Director
of Public Works.
15. Prior to building permit issuance and/or commencement of work within the public
right of way, which ever occurs first, the applicant shall obtain an encroachment
permit from the Director of Public Works
16. In order to minimize the heights of the retaining walls, all manufactured slopes
between retaining walls shall be contour graded as a 2:1 slope.
17 In order to preserve the natural topography of the lot, all portions of the lot that
are not currently proposed as part of the building footprint and/or to provide
access to and around the budding, as noted on the plans reviewed and approved
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by the Planning Commission on May 25, 2004, shall remain in a natural state.
There shall be no grading, structures, or any other improvement located within
these areas
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