CC RES 2007-029 RESOLUTION NO. 2007-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CONDITIONALLY APPROVING AMENDMENT NO.2 TO
TRACT MAP NO. 32322 (CASE NO. SUB2006-00003) AND A GRADING
PERMIT(CASE NO.ZON2005-00597) FOR A NEW 5,397-SQUARE-FOOT
2-STORY SINGLE-FAMILY RESIDENCE AND 627 CUBIC YARDS OF
RELATED GRADING, LOCATED AT 30375 DIAMONTE LANE.
WHEREAS, on October 5, 1982, Tract Map No. 32322 was approved by the
Rancho Palos Verdes City Council for the subdivision of a developed 41/2-acre property at
6480 Palos Verdes Drive East into five (5) lots, with Lot 1 a vacant 23,968-square-foot
lot encumbered by bridle trail, private driveway, flood hazard and restricted use
easements totaling 20,818 square feet; and,
WHEREAS, on March 2, 1993, Amendment No. 1 to Tract Map No. 32322 was
approved by the Rancho Palos Verdes City Council to permit 3,402 square feet of Lot 1 to
be excluded from the designated flood hazard area, upon showing of good cause for such
action by the applicant; and,
WHEREAS, on March 25, 2004, the Los Angeles County Superior Court rendered a
default judgment in the case of Joseph T. Oliveri v. Palos Verdes Corporation, et al.,
thereby declaring that the bridle trail easement on Lot 1 of Tract Map No. 32322 was
"abandoned and of no further force or effect"; and,
WHEREAS, on November 11, 2005, the applicant, Joseph Oliveri, submitted an
application for a grading approval (Case No. ZON2005-00597)to allow the development of
a new single-family residence on Lot 1 of Tract Map No. 32322 that encroached upon the
restricted use area of the lot; and,
WHEREAS, on February 14, 2006, the applicant submitted an application for
Amendment No. 2 to Tract Map No. 32322 (Case No. SUB2006-00003) to modify the
restricted use area on Lot 1 in association with the proposed new residence; and,
WHEREAS, on December 20, 2006, the applications were deemed complete for
processing 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 the approval of the requested tract map
amendment and grading approval would have a significant effect on the environment and,
therefore, the proposed project has been found to be categorically exempt (Section
15303(a)); 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 February 13, 2007, at which time all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on February 13, 2007, the Planning Commission adopted P.C.
Resolution No. 2007-11, thereby recommending approval of the requested tract map
amendment and grading permit to the City Council; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on March
20, 2007, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City Council makes the following findings of fact with respect to
the request for Amendment No. 2 to Tract Map No. 32322 to modify the restricted use area
on Lot 1:
A. Section 16.28.010(G) of the Rancho Palos Verdes Development Code permits a
final tract map to be amended by a certificate of correction if"there are changes in
circumstances which make any of the conditions of the map no longer appropriate
or necessary and which modifications do not impose any additional burden on the
present fee owner of the property, and which modifications do not alter any right,
title or interest in the real property reflected on the recorded map." The restricted
use area was originally imposed upon Lot 1 due to unknown soil conditions at the
time of subdivision in 1982. However, since the City did not wish to create an
"unbuildable" lot, a 3,150-square-foot area in the middle of the lot was re-graded
and designated as the "buildable"area at that time. The applicant's plans and soils
reports have been reviewed by the City's geotechnical consultant, who agrees that
the "buildable" area of the lot may be expanded to encompass the building footprint
and the limits of grading for the associated retaining walls and access driveway.
However, the restricted use area will be retained on the remaining undisturbed
portions of the property that are outside of the flood hazard area or private driveway
easement, and a certificate of correction will be recorded to memorialize this
change.
Section 2: The City Council makes the following findings of fact with respect to
the request for a grading approval for 627 cubic yards of grading associated with the
construction of a 5,397-square-foot 2-story single-family residence:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Based upon the underlying RS-2 zoning designation, the primary
permitted use of the property is for single-family residential development. Most of
the proposed grading is for cut(494 CY)that is primarily within the building footprint.
A relatively small amount of fill (133 CY) is proposed, nearly two-thirds of which is
proposed within the building footprint in the center of the portion of the house. The
Resolution No. 2007-29
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total grading quantity (627 CY) is below the 1,000-cubic-yard threshold that would
normally require Planning Commission review.
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. The proposed project falls within the "by right" height limit
for upslope lots. The nearest properties overlooking the site are located at 17
Diamonte Lane (Boag) and 30511 Palos Verdes Drive East(Schoenwetter), which
have views down the canyon in which the project is located towards White Point.
The pad elevation at 17 Diamonte Lane is approximately eighteen feet (18') above
the highest ridgeline of the proposed residence, while the house at 30511 Palos
Verdes Drive East is nearly parallel to and at roughly the same elevation as the
proposed project. Furthermore, the grade within the building footprint of the
proposed project is being lowered such that the residence will be lower than a
similar structure that could have been built in the same location based upon the pre-
construction grade. In such circumstances, Section 17.76.040(E)(2)of the Rancho
Palos Verdes Development Code states that this finding shall be automatically
satisfied.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The existing contours of the project site
are partly natural and the result of past grading of the lot associated with the City's
approval of Tract Map. No. 32322. With the exception of the building footprint, the
driveway and some retaining walls at the toe of the slope down from the street, the
topography of the remainder of the site will remain unaltered and encumbered by a
remaining restricted use area.
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. As mentioned above, the existing
contours of the project site are partly natural and partly the result of human
alteration in the past. There are no significant natural topographic features that
would be disturbed by the proposed grading.
E. The proposed project is compatible with the character of the twenty (20) nearest
homes in the immediate neighborhood in terms of its size, scale, bulk and mass, lot
coverage, architectural style and setbacks. The proposed residence is only seven
percent(7%) larger than the average home size and would be only the tenth largest
out of twenty-one (21) homes. The proposed architectural style is compatible with
the diversity of styles of other homes in the immediate neighborhood. The
proposed setbacks and lot coverage are also compatible with the pattern of
development in the neighborhood.
F. The proposed project is not a new residential tract, so the required finding that 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 in this case.
Resolution No. 2007-29
Page 3 of 5
G. The proposed project does not involve modifications to streets or other public
infrastructure, so 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 in this case.
H. There is no evidence of natural landscape or wildlife habitat on the subject property,
which is a vacant lot in an established single-family neighborhood, so the required
finding that the proposed project would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation is not applicable in this case.
The grading conforms to certain City standards for grading on slopes, creation of
new slopes, heights of retaining walls, and maximum driveway steepness.
Specifically, new slopes will not exceed 35-percent steepness; only one 31/2-foot-tall
upslope retaining wall is proposed; and the maximum driveway slope will not exceed
20-percent steepness.
J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code, the proposed 12-foot depth of cut and 9-foot depth of fill is reasonable and
necessary to correct previous grading and to allow the proposed house to be set
down into the grade of the lot.
K. Deviations from certain City standards for the number and height of upslope
retaining walls adjacent to the driveway are warranted. Specifically,two (2)upslope
retaining walls one 3-foot-tall and one 5%-foot-tall—are proposed on each side of
the driveway. These deviations are warranted because:
i. The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) are satisfied.
ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure] that the development of each parcel of
land...occurs in a manner harmonious with adjacent lands..."; and to
"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because they will allow reasonable use of the property,
will not adversely affect surrounding properties, and will be consistent with
the Residential, 1-2 DU/acre land use designation for the area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. These walls are necessary to provide access to the "tucked-
under" garage on the lower level of the house. At their highest point the
westerly wall is three feet (3'-0")tall and the lower wall is five feet six inches
(5'-6") tall, but both walls taper and eventually "daylight" into the existing
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grade. Other homes in the immediate neighborhood have similar "tucked-
under" garages with adjoining retaining walls.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The City's geotechnical consultant
has granted conceptual approval of the project, and additional review and
analysis will be required before the soil engineering report for the grading
and structure is granted final approval for construction. The applicant will
also be required to obtain a building permit for the project, including the
review of site drainage.
Section 3: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
Section 4: For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the City Council
hereby conditionally approves Amendment No. 2 to Tract Map No. 32322 (Case
No. SUB2006-00003) and a grading permit (Case No. ZON2005-00597)for a new 5,397-
square-foot 2-story single-family residence and 627 cubic yards of related grading, located
at 30375 Diamonte Lane, subject to the conditions of approval contained in the attached
Exhibit `A', attached hereto and made a part hereof, which are necessary to protect the
public health, safety, and welfare.
PASSED, APPROVED, AND ADOPTED this 20th :a, of March +•7.
Mayor
Attest:
City Jerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2007-29 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on March 20, 2007.
Ci Clerk
Resolution No. 2007-29
Page 5 of 5
RESOLUTION 2007-29 - EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NOS. SUB2006-00003 &ZON2005-00597
(Oliveri, 30375 Diamonte Lane)
General Conditions:
1. 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. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for the modification to the restricted use area on Lot 1 of Tract
Map No. 32322 for the construction of a 5,397-square-foot 2-story single-family
residence and 627 cubic yards of related grading. 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 tract map amendment and/or
grading approval by the Planning Commission and shall require new and
separate environmental review.
4. 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.
5. 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.
6. 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 conditional use permit revision and/or grading approval revision
must be approved prior to further development.
Resolution No. 2007-29
Exhibit A
Page 1 of 4
7. 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.
8. 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.
9. The construction site and adjacent public and private properties and streets 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 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. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM,
Monday through 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. Trucks and other construction vehicles shall not park,
queue and/or idle at the project site or in the adjoining public rights-of-way before
7:00 AM, Monday through Saturday, in accordance with the permitted hours of
construction stated above.
11. A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions
of 9' in width and 20' in depth, with minimum 7' vertical clearance.
12. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent (or equivalent). No single lighting fixture may exceed 150
W incandescent (or equivalent).
13. Prior to the issuance of a building permit for the approved project, the applicant
shall be responsible for the trimming, thinning, removal or other required action
identified by the City to reduce and maintain the following existing foliage on the
subject property to a maximum height of sixteen (16) feet:
a. The oleander hedge along Diamonte Lane shall be trimmed down
to and maintained at a height of forty-two inches (42"), as measured from
the adjacent street pavement; and,
b. Any other remaining foliage on the subject property shall be
trimmed down to and maintained at a height of sixteen feet (16') or the
highest ridgeline of the approved residence (962.13'), whichever elevation
is lower.
Resolution No. 2007-29
Exhibit A
Page 2 of 4
14. Prior to the issuance of a building permit for the approved project, the applicant
shall be responsible for the removing the following dead, decayed, diseased or
unsightly trees, in accordance with the provisions of Section 8.24.060(1)(c) of the
Rancho Palos Verdes Municipal Code:
a. The two (2) palm trees at the southerly end of the subject property
shall be removed.
Tract Map Amendment Conditions:
15. Within one hundred eighty (180) days of the date of the final action on this
application, the applicant shall submit a certificate of correction depicted the
revised restricted use area on Lot 1 of Tract Map No. 32322 to the City for
recordation with the County of Los Angeles. Failure to provide said materials
and/or to record the certificate of correction within the stipulated time period shall
render this approval null and void.
Grading Approval Conditions:
16. This approval is for a 5,397-square-foot, 2-story single-family residence.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer prior to building permit final.
17. The maximum ridgeline of the approved project is 962.13'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
18. The approved residence shall maintain setbacks of 20' front, 20' rear, 20' north
side and 86.33' south side. BUILDING SETBACK CERTIFICATION REQUIRED,
to be provided by a licensed land surveyor or civil engineer prior to foundation
forms inspection.
19. The approved project shall maintain a maximum of 40% lot coverage (38.4%
proposed). Maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%.
20. The permitted grading quantities shall be as follows:
Area Cut Fill
Total Earth Net Earth
Movement Movement
House <268 CY>
Footprint
351 CY 83 CY 434 CY 68 C
Outside < Y>
Footprint
143 CY 50 CY 193 CY 93 C
Total 494 CY 133 CY 627 CY <361 CY>
Resolution No. 2007-29
Exhibit A
Page 3 of 4
The maximum depth of cut shall be 12 feet and the maximum depth of fill shall be
9 feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED.
21. • The applicant shall furnish the City with copies of landfill receipts for the
approved export of 361 cubic yards of material prior to Building Permit final.
22. Haul routes used to transport soil exported from the project site shall be
approved by the Director of Public Works.
23. The maximum height of the upslope retaining wall in the front and northerly side
yard shall not exceed 3'/2 feet in height. The maximum heights of the two (2)
upslope retaining walls adjacent to the driveway shall be 3 feet and 5'/2 feet.
24. Maximum driveway slope shall not exceed 20 percent (12.5% proposed).
25. Prior to the issuance of a grading permit by the City's Building Official, the
applicant shall obtain final approval of the grading plan from the City's
geotechnical consultant. The applicant shall be responsible for the preparation
and submittal all soil engineering and/or geology reports required by the City's
geotechnical consultant in order to grant such final approval, including:
a. Sulfate content shall be confirmed through testing, subsequent to grading
and prior to construction.
b. An as-graded geotechnical report shall be prepared by the project
geotechnical consultant following grading and prior to construction on the
subject site. The report shall include the results of all field density testing,
depth of reprocessing and recompaction, depth of piles/caissons, as well
as a map depicting the limits of grading, location of all density testing, and
geologic conditions exposed during grading. The report shall include
conclusions and recommendations regarding applicable setbacks,
foundation recommendations, erosion control, settlement, and any other
relevant geotechnical aspects of the site. The report shall contain the new
limits of the "Geological Restricted Area."
c. As part of the as-graded report required above, the consultants shall
include;,,,,a statement indicating the portion of the undocumented fill
removd1 is no longer considered to be part of the "Geological Restricted
Area" and is geotechnically acceptable.
Resolution No. 2007-29
Exhibit A
Page 4 of 4