Loading...
CC RES 2005-087RESOLUTION NO. 2005-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A SITE PLAN REVIEW (CASE NO. ZON2005- 00355), FOR PROPERTY LOCATED AT 491/4 ROCKINGHORSE. WHEREAS, on May 25, 2004, the Planning Commission approved a Grading Permit (Case No. ZON2003- 00088) to allow the construction of a 4,507 square foot single - family residence and 622 cubic yards of grading. The applicant subsequently appealed the project to contest some of the conditions of approval imposed by the Planning Commission. This appeal was held in abeyance by the City Council, at the applicant's request. On March 17, 2005, the applicant withdrew his appeal, without having the City Council act on the appeal of the project. As such, the Planning Commission's decision became final on March 17, 2005; and, WHEREAS, on June 14, 2005, the Planning Commission approved an after -the- fact revision to the Grading Permit (Case No. ZON2005- 00160), thus revising the location of the driveway to take access across a portion of the vacant parcel located immediately to the west of the project site (APN 7556 - 011 -031), which is within the OH Zone. Additionally, the Planning Commission approved an increase of the grading quantity from 622 cubic yards to 821 cubic yards (see P.C. Resolution No. 2005 -27); and, WHEREAS, on July 7, 2005, in accordance with the conditions of approval for the revision to the Grading Permit, the applicant submitted a Site Plan Review (Case No. ZON2005- 00355), requesting to construct an access driveway through the Open Space (OH) zone; and, WHEREAS, the Height Variation application was deemed complete by staff on July 12, 2005; and, WHEREAS, on August 2, 2005, pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council considered the Site Plan Review at a regular City Council meeting, at which time all interested parties were given an opportunity to be heard and present evidence; 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 Site Plan Review 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, NOW, THEREFORE, THE CITY COUNCIL 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 an access driveway through the Open Space Hazard Zone. Section 2: The driveway through the Open Space Hazard zone is permitted, in accordance with Municipal Code Section 17.32.050, inasmuch as there is no other practical access to the residence; the access will not alter the character of the premises in respect to the permitted or conditionally permitted uses in the Open Space Hazard district because the addition of the driveway will not alter the allowable uses that can be made of the land; based on the geology report that has been reviewed and approved by the City Geologist, the access will not further increase hazardous conditions or alter the nature of the permitted uses, and based on the approved biology report, the access will not eliminate any coastal sage scrub habitat that is occupied by the threatened California Gnatcatcher. Section 3: Approval of the Site Plan is warranted, since the uses and developments are not permanent (with the exception of access, which is allowed by Section 17.32.050 of the Municipal Code), and the access road is clearly accessory and subordinate to the primary residential use of the land, and the driveway will not alter the nature of the open space land, and is limited to those facilities that can be constructed on the property and are necessary for utilization of the open space land. Inasmuch as, the driveway will provide access to a new single - family residence, it is accessory and subordinate to the residence and will facilitate access to the residence. In addition, the Planning Commission has conditioned the Grading Permit to screen the driveway so that it will not alter the nature of the open space. Section 4: The Site Plan Review is warranted since the project complies with the provisions of Chapter 17.70 of the City of Rancho Palos Verdes Municipal Code. Chapter 17.70 of the Rancho Palos Verdes Municipal Code allows the approval of a Site Plan Review, provided all requirements of Title 17 of the Municipal Code are satisfied. Based on a review of the requirements of Title 17, it is found that the project can be constructed without the need for the approval of a Variance or Minor Exception Permit. Accordingly, it is appropriate for that finding to be made. Section 5: 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 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings (dated August 2, 2005), City Council of the City of Rancho Palos Verdes hereby approves the Site Plan Review to allow for the construction of a driveway through the Open Space Hazard zone (Case No. ZON2005- 00355); subject to the conditions contained in Exhibit W, attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. Resolution No. 2005 -87 Page 2of3 PASSED, APPROVED, AND ADOPTED this 2nd day of August 2005. Attest: r State of ,alifornia ) 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. 2005 -87 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 2, 2005. Resolution No. 2005 -87 Page 3of3 Resolution No. 2005 -87 Exhibit "A" Conditions of Approval Site Plan Review (Case No. ZON2005- 00355) 1. The approval of a Site Plan Review is to allow for the construction of a 15' -wide and 480' -long driveway through the Open Space Hazard (OH) Zone. More specifically, this approval allows an access driveway from Rockinghorse Road Spur, across a vacant parcel (APN 7556- 011 -031, no addressed assigned), to provide vehicular access to an approved 4,507 square foot single - family residence on the adjacent parcel (APN 7556- 011 -033, 49/4 Rockinghorse). 2. Unless modified hereafter, all conditions of approval set forth in P.C. Resolution No. 2004 -23 and P.C. Resolution No. 2005 -27, shall be complied with at all times. I. Approval of this Site Plan Review 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. 4. The applicant/property owner(s) 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. Prior to the issuance of a building permit, the applicant shall record an ingress /egress easement over the portions of the adjacent property (APN 7556 - 011 -031), which the driveway traverses. Additionally, the easement shall include provisions for maintenance of the driveway. Prior to recording the easement, the applicant shall submit a signed copy of the easement to the city for review and approval by the City Attorney and City Engineer, which shall include the establishment of a Trust Deposit to pay for the City Attorney's and City Engineer's review of the easement agreement. The applicant shall demonstrate to the satisfaction of the City Engineer and City Attorney that the easement is sufficient to guarantee legal access at all times and, among other things, is not subject to termination so long as it is necessary for access to 49 1/4 Rockinghorse (APN 7556 - 011 -033).