CC RES 1998-098 RESOLUTION NO. 98-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE APPEAL,
THEREBY OVERTURNING THE PLANNING COMMISSION'S
DECISION AND DENYING WITHOUT PREJUDICE GRADING
PERMIT NO. 1933 FOR NINE HUNDRED FORTY-ONE
CUBIC YARDS (941 YD3)OF GRADING FOR A NEW, 6,013-
SQUARE-FOOT, 2-STORY SINGLE-FAMILY RESIDENCE
ON A VACANT LOT IN THE EL PRADO ESTATES
COMMUNITY WITH AN AVERAGE SLOPE IN EXCESS OF
THIRTY-FIVE PERCENT (35%), LOCATED AT 30764
TARAPACA ROAD
WHEREAS, on March 25, 1997, the applicant, Jeff Richards, submitted an
application for Grading Permit No. 1933 to allow the grading of an existing downslope lot
in the El Prado Estates community for the construction of a new, single-family residence;
and,
WHEREAS, on May 22, 1997, the application for Grading Permit No. 1933 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 the denial of Grading Permit No. 1933 would
have a significant effect on the environment and, therefore, the proposed project has been
found to be statutorily exempt (Section 15270); and,
WHEREAS, pursuant to the requirements of the Rancho Palos Verdes Development
Code, the Planning Commission held public hearings on July 8 and August 14, 1997, at
which times all interested parties were given an opportunity to be heard and present
evidence; and,
WHEREAS, on August 14, 1997, the Planning Commission reviewed and
conditionally approved the application for Grading Permit No. 1933, via Minute Order; and,
WHEREAS, on August 26, 1997, less than fifteen (15) days following the Planning
Commission's decision, Councilman Lee Byrd and Councilwoman Marilyn Lyon requested
that the City Council consider reviewing the Planning Commission's action on Grading
Permit No. 1933; and,
WHEREAS, on September 2 and September 16, 1997, the City Council considered
the Planning Commission's approval of Grading Permit No. 1933 and remanded the
application back to the Planning Commission for further consideration; and,
WHEREAS, pursuant to the requirements of the Rancho Palos Verdes Development
Code and consistent with the direction of the City Council, the Planning Commission held
public hearings to reconsider its prior approval of Grading Permit No. 1933 on September
23 and October 28, 1997, at which times all interested parties were given an opportunity
to be heard and present evidence; and,
WHEREAS, on October 28, 1997, the Planning Commission adopted P.C.
Resolution No. 97-59, thereby conditionally approving Grading Permit No. 1933 for the
proposed grading and construction of a single-family residence at 30764 Tarapaca Road;
and,
WHEREAS, on November 12, 1997, less than fifteen (15) days following the
Planning Commission's decision, the homeowners' associations for the El Prado Estates,
San Ramon, Seacliff Hilltop and Mediterania communities filed an appeal to the City
Council, requesting that the City Council overturn the Planning Commission's approval of
Grading Permit No. 1933; 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 the
appeal on February 3, February 17, March 9, March 17, April 21, May 19, June 16,
November 4 and November 17, 1998, 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 grading is excessive beyond that necessary for the permitted
primary use of the lot because:
1. The placement of the proposed residence results in the encroachment of the
building footprint and graded area beyond the portion of the property designated
for residential development (RS-2) and into a portion of the site designated as an
open space hazard area (OH); and,
2. By reducing and modifying the size and configuration of the building footprint, the
location of the residence could be brought into compliance with the boundary
between the RS-2 and OH portions of the property and the overall quantity of
grading could be reduced to less than the amount currently proposed.
Resolution No. 98-98
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Section 2:, The proposed grading and/or construction would not have significantly
adversely affected the visual relationships with, nor the views from, neighboring sites
because:
1. The ridgelines of the proposed residence would have been at or below the
maximum height permitted by right for a downslope lot; and,
2. Any views from adjacent sites which were affected by the proposed residence are
not protected views as defined in the Rancho Palos Verdes Development Code.
Section 3: The nature of the proposed grading would not minimize disturbance
to the natural contours, and finished contours would not appear reasonably natural
because:
1. The size and placement of the proposed residence results in grading which would
encroach into and disturb both the existing, natural slope area below the proposed
residence and the OH portion of the property; and,
2. The grading below the residence would result in a manufactured 3:1 slope
supported by a 3-foot retaining wall, which would not appear natural within the
context of the lower, undisturbed portion of the property and the adjacent open
space areas of Friendship Park and the Palos Verdes Drive East switchbacks.
Section 4: Grading on slopes equal to or exceeding thirty-five percent (35%) will
pose a threat to the public health, safety and welfare because:
1. The grading for the proposed residence encroaches into the open space hazard
(OH) portion of the property, a zoning designation which restricts development and
is applied to "[areas] where the existing natural slope exceeds thirty-five percent,
areas experiencing downslope movement, areas unstable for development, areas
where grading or development of the land may endanger the public health and
safety due to erosion or flooding, and the ocean bluffs [RPVDC 17.32.020(A)]"; and,
2. The grading for the proposed residence is in close proximity (i.e., approximately two
hundred feet (200')) to active landslide movement on the lower portion of the
subject property, and the effect of the proposed residence upon this movement and,
by extension, upon the stability of the South Shores landslide complex and the
surrounding residential neighborhoods, is not fully known at this time because
neither the active slide nor the South Shores landslide complex has been
extensively studied prior to the filing of this application or in connection with this
project; and,
Resolution No. 98-98
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3. The introduction of additional surface and subsurface water into the active landslide
area in the lower portion of the subject property could accelerate the current
movement in this area, and the development of the subject property creates the
potential for increased infiltration of water into this active landslide area as a result
of:
a. although drainage improvements have been proposed by the applicant, if not
properly maintained , increased surface runoff onto the lower portion of the
property due to the creation of a larger impervious surface area (i.e.,
structure, driveway) in the upper portion of the property, and/or,
b. accidental introduction of additional subsurface water into the active
landslide area through possible leaks in plumbing and irrigation lines, or
overwatering of landscape areas; and,
Section 5: The time within which judicial review of the decision reflected in this
Resolution must be sought, if available, is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, which are attached
hereto by reference, the City Council of the City of Rancho Palos Verdes hereby upholds
the appeal, thereby overturning the Planning Commission's decision and denying without
prejudice Grading Permit No. 1933 for nine hundred forty-one cubic yards (941 yd3) of
grading for a new, 6,013-square-foot, 2-story single-family residence on a vacant lot in the
El Prado Estates community with an average slope in excess of thirty-five percent (35%),
located at 30764 Tarapaca Road.
Resolution No. 98-98
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PASSED, APPROVED, AND ADOPTED this 17th day of November 1998.
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ATTEST:
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i Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 98-98 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on November 17, 1998.
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Resolution No. 98-98
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