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PC RES 2004-0504 P.C. RESOLUTION NO. 2004-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A REVISION TO GRADING PERMIT NO 2293 (CASE NO. ZON2004-00472), FOR PROPERTY LOCATED AT 2033 SANTA RENA. WHEREAS, on August 13, 2002, the Planning Commission adopted P C Resolution No. 2002-19, thereby approving Grading Permit No 2293 and Height Variation No 940 The approval allows the applicant to construct a 1,276 square foot addition to an existing 1,776 square foot single-family residence and to conduct 268 cubic yards of grading; and, WHEREAS, on September 1, 2004, the applicant submitted an application requesting to revise Grading Permit No 2293 (Case No. ZON2004-00472), a request to conduct an additional 31 cubic yards of grading and construct a 5' tall retaining wall; and, WHEREAS, on September 28, 2004, staff completed the initial review of the proposed application, at which time it was deemed incomplete due to missing information on the project plans. This additional information was submitted to the City on October 12, 2004; and, WHEREAS, on October 28, 2004, the application for a revision to Grading Permit No 2293 (Case No. ZON2004-00472) 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 of seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that the revision to Grading Permit No. 2293 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 1 (Section 15301); 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 23, 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 revision allows an additional 31 cubic yards (16 cubic yards cut, 15 cubic yards fill) of grading on the western transition slope and the construction of a 5' tall retaining wall. P C. Resolution No. 2004-50 Page 1 of 6 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 proposed grading is ancillary to this use and is not considered excessive. Section 3: The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. In cases where grading is proposed for a new residence or an addition to an existing residence, this finding shall be satisfied when the proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure, as measured pursuant to Section 17 02 040(6) of this Title, is lower than a structure that could have been built in the same location on the lot if measured from pre -construction (existing) grade The grading and retaining wall do not block a view. Furthermore, it is found that since the only portions of the wall that are visible from the right-of-way do not exceed a 3' height, it does not significantly adversely affect the visual relationships with the surrounding properties. Section 4: The nature of the grading minimizes disturbances to the natural contours and finished contours are reasonably natural The applicant request will restore the natural contours of the slope by removing the existing retaining walls, constructing a single 5' tall retaining wall, and regrading the slope to be a 3:1 transition slope. 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 The proposed grading will reestablish the natural appearance of the transition slope between the properties. Furthermore, the proposed additional grading is being conducted in such a manner as to utilize land sculpturing so as to blend the slope into the natural topography of the area. Section 6: 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, grass, and ivy, which are not considered part of the natural vegetation of the area and does not serve as a wildlife habitat. Section 7: The grading conforms to the standards set forth in Municipal Code Section 17 76.040(E)(9) for grading on slopes, finished slope contours, and depth of cut since the existing slope is less than a 35% gradient, the finished slopes are 3:1, and the maximum depth of cut is 5'. However, the Municipal Code allows a 3'-6" retaining wall, whereas the applicant is proposing a 5' tall retaining wall. Although the grading will result in the retaining wall exceeding the maximum allowable height, pursuant to Municipal Code Section No. 17.76.040(E)(10) the deviation in the criteria is warranted and the project is approved because P.C. Resolution No 2004-50 Page 2 of 6 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 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 " The portions of the retaining wall that exceed the 3'-6" height limitation are located to the rear of the property Inasmuch as this wall is not visible from the street, it is found that it will not have a negative impact to the scenic character of the area, thus allowing development of the lot in a manner that is harmonious to adjoining properties c) Departure of the standards will not constitute a special privilege with the limitations upon other properties in the vicinity. Approval of the grading will allow the property owner increase their rear yard area, thereby increasing a substantial property right shared by other properties in the vicinity d) Departure from the standards will not be detrimental to the public safety, nor to other property. Prior to the issuance of budding permits, the applicant will be required to submit and obtain approval of, a geology report, which demonstrates to the satisfaction of the City's Geologist, that this project can be constructed without creating a hazard to public safety Furthermore, the City of Rancho Palos Verdes requires, prior to issuance of building permits, the retaining walls be engineered to meet the requirements of the building code. These requirements are implemented for all retaining walls with a height greater than three feet. Section 8: 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 December 8, 2004. Section 9: 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 revision to Grading Permit No. 2293 (Case No ZON2004-00472), thereby allowing an additional 31 cubic yards (16 cubic yards cut, 15 cubic yards fill) of grading on the western transition slope and the construction of a 5' tall retaining wall P.C. Resolution No 2004-50 Page 3 of 6 PASSED, APPROVED AND ADOPTED this 23 Id day of November 2004, by the following vote: AYES: KARP, KNIGHT, PERESTAM, TETREAULT, MUELLER NOES NONE ABSTENTIONS: NONE ABSENT- GERSTNER, COTE Craig Mueller, Chairman J I oras, Al P rjecr of PI nni g, Building and Code Enforcement; and, z S tary to the Planning Commission P C. Resolution No. 2004- 50 Page 4 of 6 Exhibit "A" Conditions of Approval (Planning Commission Resolution No. 2004-50) Grading Permit (Case No. ZON2004-00472) The approval of this revision to Grading Permit No. 2293 (Case No. ZON2004- 00472) allows 31 cubic yards (16 cubic yards cut; 15 cubic yards fill) of grading on the western transition slope of the property. Additionally, the approval allows the construction of a 5' tali retaining wall. More specifically, the southern 47' of the retaining wall, shall have a maximum height of 3'; whereas, the remaining 60' of the wall shall have a maximum height of 5'. 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 All conditions of approval of P.C. Resolution No. 2002-19 shall be complied with at all times 4 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 5. 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. 6 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. 7 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. 8. The project shall substantially conform to the plans stamped by the Planning Department, and dated the effective date of this approval 9 The construction site, adjacent public and private properties 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 not be P.C. Resolution No. 2004-50 Page 5 of 6 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. 10. In the event that a Planning requirement and a Building & Safety requirement are in conflict with one another, the stricter standard shall apply. 11. All applicable permits required by the Building and Safety Division shall be obtained by the applicant prior to the commencement of construction. 12 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. 13. 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. 14. The western transition slope shall be contour graded and shall not exceed a 3:1 slope. P.C. Resolution No. 2004-50 Page 6 of 6