PC RES 2019-026 P.C. RESOLUTION NO. 2019-26
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES THEREBY
AMENDING CONDITION NO. 18 OF P.C. RESOLUTION
89-57 TO ALLOW 395CY OF DRIVEWAY GRADING AND
APPROVING, WITH CONDITIONS, THE
RECONFIGURATION AND CONSTRUCTION OF A NEW
DRIVEWAY AT 3027 CREST ROAD (CASE NO.
PLRV2018-0015)
WHEREAS, on September 26, 1989, the Planning Commission adopted P.C.
Resolution No. 89-57, approving Tentative Parcel Map No. 19424, Grading Permit
No. 1293, and issuing a Final Negative Declaration for Environmental Assessment
No. 573, for the subdivision of 3027 Crest Road into two (2) lots and the construction of
a new driveway for 3027 Crest Road (Lot 1). At that time, the landowner proposed to
construct a driveway that necessitated approximately 200CY of grading. The Planning
Commission's approval included Condition No. 18 limiting the driveway grading to
200CY, but the new driveway was never constructed; and,
WHEREAS, On September 28, 2018, the current property owner, Sylvia Soong,
submitted a revision to Grading Permit No. 1293 to amend Condition No. 18 to allow for
an additional 195CY of grading to accommodate the reconfiguration and construction of
a new driveway to improve access from the street to the existing residence; and,
WHEREAS, on October 26, 2018, after Staff reviewed the initial application
materials, past records of the property, and conducted a site visit to assess the location
of the original driveway and existing slope conditions, Staff deemed the application
incomplete due to insufficient information and further discussions with the Applicant;
and,
WHEREAS, on September 17, 2019, after several submittals of additional
information, Staff deemed the application complete for processing; and,
WHEREAS, on September 19, 2019, pursuant to §17.80.090 of the Rancho
Palos Verdes Municipal Code ("RPVMC"), a 15-day public notice was mailed to property
owners within a 500' radius of the project site and published in the Palos Verdes
Peninsula News; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources 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, determined that the proposed project has been found to be categorically
exempt under §15301 (Existing Facilities). Specifically, the property is currently
improved with an existing residence and the proposed grading is for the construction of
a new private driveway; and,
P.C. Resolution No. 2019-26
Page 1
WHEREAS, the Planning Commission held a duly-noticed public hearing on
October 8, 2019, 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 finds that the amendment to Grading
Permit No. 1293 for the 395CY of grading consisting of 310CY of fill and 85CY of cut to
accommodate the reconfiguration and construction of a new driveway is warranted
because:
A. The grading does not exceed that which is necessary for the permitted primary
use of the lot within the RS-2 zoning district. The proposed 395CY of grading
would accommodate the construction of a new driveway for the existing single-
family residence.
B. 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. Given the proposed fill will be a maximum of 5.72' in
height, well under the street grade level and the proposed retaining wall will be
located northerly of existing residences under street level not visible from the
viewing areas of neighboring properties.
C. The nature of grading minimizes disturbance to the natural contours and finished
contours are reasonably natural. The proposed grading specifically involves a
2.02' cut north of the driveway and fill measuring between 1' to 5.72' in height.
The remaining slope will maintain its existing contours beyond the graded area.
D. The grading takes into account the preservation of natural topographic features
and appearances by means of land sculpturing to blend any man-made or
manufactured slope into natural topography. The proposed grading is generally
limited to the driveway area. The remaining areas of the slope will not be altered.
E. The proposed grading is to accommodate the construction of a private driveway
to the existing single-family residence.
F. The proposed grading does not involve a new residential tract.
G. The grading involves a new curb cut from Crest Road in order to provide
adequate access to the private lot, and the City's Public Works Department has
reviewed the project and has provided city standards. The project is designed to
meet city standards.
H. The proposed grading area does not contain natural landscape or wildlife habitat.
P.C. Resolution No. 2019-26
Page 2
I. The proposed grading conforms to the City's standards for maximum finished
slopes, retaining wall heights, specifically, adjacent to a driveway, and finished
driveway slope. However, the grading does not conform to grading on slopes
over 35% steepness on lots created prior to City's incorporation, the maximum
height of fill of 5' and the maximum 3.5'-high upslope retaining wall within the
front yard setback. The project proposes a maximum fill height of 5.72' and an
upslope retaining wall of 4.8' to accommodate the construction of the driveway
on a lot created after the City's incorporation due to a lot split in 1989. The
proposed fill and retaining wall height is reasonable development for the
purposes of a new private driveway for the existing residence. In addition, the
grading and retaining wall will continue to preserve scenic views since
residences north of the subject property are 18' to 24' above street level and
properties east, west, and south of the subject property have views oriented
towards the south, away from the location of the proposed wall and grading. The
retaining wall and grading complies with the goals and policies under Urban
Environment Element IV of the General Plan by maintaining adequate
landscaping, open space, and other design amenities, similar to those found
within the immediate neighborhood. Additionally, the proposed grading will not
constitute special privilege as similar improvements are found throughout the
neighborhood as based on the topography and aerial survey. The City's
Geotechnical Consultant, the Building Official, and Public Works Department will
be required to review and approve engineered grading plans prior to grading
permit issuance and inspections will be conducted throughout the process to
ensure proper construction per Code, specifically, due to grading proposed on
slopes with a grade 35% and greater and within the public right-of-way. With
these provisions, the proposed retaining wall and proposed fill exceeding the
height limitations will not cause a detrimental impact to public safety and/or other
properties in the vicinity of the project. Also, a Notice of Decision will be mailed to
all interested parties and adjacent property owners.
Section 2: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any
appeal letter must be filed within fifteen (15) calendar days of the date of this decision,
or by 5:30 p.m. on Wednesday, October 23, 2019. A $2,275.00 appeal fee must
accompany any appeal letter. If no appeal is filed timely, the Planning Commission's
decision will be final at 5:30 p.m. on Wednesday, October 23, 2019.
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 adopts P.C.
Resolution No 2019-26, amending Condition No. 18 of P.C. Resolution No. 89-57 and
approving, with conditions, 395CY of grading to accommodate the reconfiguration and
construction of a new driveway.
P.C. Resolution No. 2019-26
Page 3
PASSED, APPROVED AND ADOPTED this 8th day of October 2019, by the
following vote:
AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, SAADATNEJADI, VICE-
CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
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P.C. Resolution No. 2019-26
Page 4
EXHIBIT 'A'
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 19424
GRADING PERMIT NO. 1293 - REVISION "A"
CASE NO. PLRV2018-0015
3027 CREST ROAD
General Conditions:
1. Within thirty (30) days the developer shall submit, in writing, a statement that he
has read, understands, and accepts all conditions of approval.
2. The City's filing fee for a final map shall be paid within six (6) months of approval
of the tentative map.
3. The developer shall supply the City with one brownline and one print of the
recorded map.
4. This approval expires twenty-four (24) months from the date of approval of this
parcel map by the Planning Commission of the City of Rancho Palos Verdes.
5. All lots shall conform to minimum lot area and development standards pursuant
to Chapter 17.02 of the Development Code. The final map shall be accompanied
by certification that the existing residence is located a minimum of five (5) feet
from the property line between Lot 1 and Lot 2 and such a note shall be placed
on the map.
Mitigation Measures
6. A building and grading restriction line shall be established and shown on the final
map, around the area upslope of the driveway on Lot 1. No structures or grading,
other than for landscape purposes, shall be permitted in the restricted area.
7. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction
activity permitted on Sundays or on the legal holidays specified in Section
17.96.920 of the Rancho Palos Verdes Development Code. During demolition,
construction and/or grading operations, trucks shall not park, queue and/or idle at
the project site or in the adjoining street rights-of-way before 7AM Monday
through Friday and before 9AM on Saturday, in accordance with the permitted
hours of construction stated in this condition. When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the Building Official.
P.C. Resolution No. 2019-26
Page 5
AMENDED PER P.C. RESOLUTION NO. 2019-26 ON OCTOBER 8, 2019
8. A drainage and erosion control plan and necessary support documents to comply
with the following requirements must be approved prior to the start of
construction or filing of a final map, whichever comes first:
A. Provide drainage facilities to remove any flood hazard to the satisfaction of
the City Engineer and dedicate and show easements on the final map.
B. Eliminate the sheet overflow and ponding or elevate the floors of the
buildings with no openings in the foundation walls to at least twelve
inches above the finished pad.
C. Provide drainage facilities to protect the lots from high velocity scouring
action.
D. Provide for contributory drainage from adjoining properties.
9. Within 90 days after final map approval or prior to approval of any grading or
building permit, whichever occurs first, the trees adjacent to Crest Road shall be
removed or pruned, as determined by the Director of Community Development,
to protect views from Corinna and Dianora Drives. A landscape plan shall be
submitted for approval by the Director of Community Development indicating
plans to clear and revegetate that area. A City landscape covenant to maintain
property to protect views shall be submitted and recorded prior to final map
approval.
AMENDED PER P.C. RESOLUTION NO. 2019-26 ON OCTOBER 8, 2019
Subdivision Map Act
10. Prior to submitting the final map for recording pursuant to Section 66442 of the
Government Code, clearance shall be obtained from all affected departments
and divisions, including a clearance from the City Engineer for the following
items: mathematical accuracy, survey analysis, correctness of certificates, and
signatures, etc.
11. Within 24 months from the date of filing of the final map, the developer shall set
survey monuments and tie points and furnish the notes to the City Engineer. All
lot corners shall be referenced with permanent survey markers in accordance
with the Municipal Code. All boundary corners shall be referenced with
permanent survey markers in accordance with the Subdivision Map Act.
County Recorder
12. If signatures of record title interests appear on the final map, submit a preliminary
guarantee. A final guarantee will be required at the time for filing of the final map
with the County Recorder. If said signatures do not appear on the final map, a
P.C. Resolution No. 2019-26
Page 6
preliminary title report/guarantee is needed that covers the area showing all fee
owners and interest holders. The account for this preliminary title report
guarantee should remain open until the final map is filed with the County
Recorder.
Geology
13. A preliminary soils report must be approved by the City Geologist prior to
issuance of grading permits or final map approval, whichever occurs first.
14. Any geologic hazards associated with this proposed development shall be
eliminated or the City Geologist shall designate a restricted use area in which the
erection of building or other structures shall be prohibited.
Grading
15. A note shall be placed on the approved grading plan that requires the Director of
Community Development approval of rough grading prior to final clearance. The
Director (or a designated staff member) shall inspect the graded site for accuracy
of driveway elevations and created slope gradients. Further, the Director may
require certification of any grading related matter.
AMENDED PER P.C. RESOLUTION NO. 2019-26 ON OCTOBER 8, 2019
16. Grading for foundations shall conform to Chapter 29, "Excavations, Foundations,
and Retaining Walls", and Chapter 70, "Excavation and Grading" of the Uniform
Building Code.
17. Graded slope tops shall be rounded, slope gradients shall be varied and no
significant abrupt changes between natural and graded slopes will be permitted.
All created slopes shall not be greater that 3:1.
18. Future grading for access to Lot 1 shall be substantially as shown on the
approved tentative map. Grading for the driveway shall be limited to a maximum
of 395 cubic yards.
AMENDED PER P.C. RESOLUTION NO. 2019-26 ON OCTOBER 8, 2019
Drainage
19. All site drainage shall be conducted either to the street or to an existing storm
drain system in non-erosive devices.
20. All drainage swales shall have the cement colored to earth tones.
Sewer
P.C. Resolution No. 2019-26
Page 7
21. Approval of this subdivision of land is contingent upon the use of local main line
sewers and separate house laterals to serve each lot of the land division.
22. Prior to approval of the final map the subdivider shall submit to the Director of
Community Development a written statement from the County Sanitation District
approving the design of the subdivision with regard to existing trunk line sewer.
Said approval shall state all conditions of approval.
AMENDED PER P.C. RESOLUTION NO. 2019-26 ON OCTOBER 8, 2019
Water System
23. There shall be filed with the City Engineer, a statement from the purveyor that the
existing system and any other required facilities will be operated by the purveyor
and that under normal operating conditions, the system will meet the needs of
the developed subdivision.
24. At the time the final land division map is submitted for checking, plans and
specifications for the water system facilities shall be submitted to the City
Engineer for checking and approval, and shall comply with the City Engineer's
standards. Approval for filing of the land division is contingent upon approval of
plans and specifications mentioned above. The subdivider must also submit a
labor and materials bond in addition to either:
A. An agreement and a faithful performance bond in the amount estimated by
the City Engineer and guaranteeing the installation of the water system; or
B. An agreement and other evidence satisfactory to the City Engineer indicating
that the subdivider has entered into a contract with the serving water utility
company to construct the water system, as required, and has deposited with
such water utility security guaranteeing payment for the installation of the
water systems.
25. All lots shall be served by adequately sized water system facilities which shall
include fire hydrants of the size and type and location as determined by the L.A.
County Fire Department. The water mains shall be of sufficient size to
accommodate the total domestic and fire flows required for the subdivision.
Domestic fire flow requirements shall be determined by the L.A. County Fire
Department. All Fire Department requirements shall be satisfied.
Utilities
26. All utilities to and on the lots shall be provided underground, including cable
television, telephone, electrical, gas and water. All necessary permits shall be
obtained for their installation. Cable television shall connect to the nearest trunk
line at the property owner's expense.
P.C. Resolution No. 2019-26
Page 8
27. Development shall comply with all requirements of the various Municipal utilities
and agencies that provide public services to the property.
Easements
28. Utility and other easements shall be subject to review by the City Engineer to
determine their final locations and requirements.
29. Easements shall not be granted within easements dedicated or offered for
dedication to the County of Los Angeles, the City or any public utility, until after
the final map is filed and recorded with the County Recorder. No easement shall
be granted after recording of the final map that in any way conflicts with a prior
easement dedicated to the County, the City or any public utility. If any easements
are granted before recordation of the final map, the holder of said easement shall
execute a quitclaim deed in favor of the County, the City or any public utility.
30. A private driveway easement, for ingress and egress only, across Lot 2 shall be
recorded concurrently with the final map.
Streets
31. Any house numbering proposed by the subdivider must be approved by the City
Engineer.
32. Access to the proposed parcels shall be taken from Crest Road. An
encroachment permit from the Public Works Department shall be required for any
grading or construction within the Crest Road right-of-way. The proposed
driveways shall be relocated at the property owner's expense if necessary in
conjunction with any future expansion of Crest Road.
33. Prior to approval of the final map, the developer shall post a bond, cash deposit,
letter of credit, or other City approved security in an amount sufficient to cover
the cost of full improvements of all facilities within the right-of-way of Crest Road
adjacent to the development. Said improvements shall include, but are not limited
to, A.C. paving, curb/gutter, sidewalk, bikeways, bus stop improvements,
medians, and landscaping.
Park Dedication Fees
34. Prior to the approval of the final map a parkland dedication fee shall be paid to
the City of Rancho Palos Verdes. The fee shall be calculated using the formula in
Section 16.20.100D of the Development Code.
REVISION "A" TO GRADING PERMIT NO. 1293 (PLRV2OI 8-001 5)
P.C. Resolution No. 2019-26
Page 9
35. Prior to conducting any work in the public right-of-way, such as dumpsters,
temporary improvements and/or permanent improvements, the applicant shall
obtain an encroachment permit from the Director of Public Works.
36. Pursuant to RPVMC Section 17.78.040, the Community Development Director 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.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
37. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation
procedures contained in RPVMC Section 17.86.060 or administrative citations as
described in RPVMC Section 1.16. Furthermore, if these conditions of approval
are not adhered to, this matter shall be forwarded to the City Attorney to pursue
all legal remedies available to the City including, but not limited to, abatement
measures at the cost of the property owners.
38. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall
conform to the residential development standards of the RPVMC, including but
not limited to height, setback and lot coverage standards.
39. 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.
40. This approval is only for the items described within these conditions and
identified on the stamped approved plans and is not an approval of any existing
illegal or legal non-conforming structures on the property, unless the approval of
such illegal or legal non-conforming structure is specifically identified within these
conditions or on the stamped approved plans.
41. For all grading, landscaping and construction activities, the Applicant shall
employ effective dust control techniques, either through screening and/or
watering.
42. 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.
43. This approval shall allow the construction of a new 2.3' to 4.8' tall upslope
retaining wall, measuring 43' in length, within the ingress/egress easement. The
retaining wall is associated with the reconfigured driveway serving the residence
P.C. Resolution No. 2019-26
Page 10
at 3027 Crest Road, a portion of which traverses the existing easement
described in Condition No. 30 above. The minimum driveway width shall be no
less than 10' and the maximum driveway slope shall not exceed a 20% gradient.
CONDITIONS NOS. 35-43 ADDED PER P.C. RESOLUTION NO. 2019-26 ON
OCTOBER 8, 2019
P.C. Resolution No. 2019-26
Page 11