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CC RES 1998-010 RESOLUTION NO. 98-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING GRADING PERMIT NO. 1950 FOR FOUR HUNDRED FORTY CUBIC YARDS (440 YD3) OF GRADING FOR A NEW, 5,440-SQUARE-FOOT, 1-STORY SINGLE-FAMILY RESIDENCE ON A VACANT LOT IN THE CRESTMOUNT COMMUNITY, LOCATED AT 3434 NEWRIDGE DRIVE. WHEREAS, on May 30, 1997, the applicants, Gene and Leonna Price, submitted an application for Grading Permit No. 1950 to allow the grading of an existing pad lot in Crestmount community for the construction of a new, single-family residence; and, WHEREAS, on August 6, 1997, the application for Grading Permit No. 1950 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 Grading Permit No. 1950 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303(a)); and, WHEREAS, on September 29, 1997, the Director of Planning, Building and Code Enforcement reviewed and conditionally approved the application for Grading Permit No. 1950, based upon the necessary findings of fact, to wit: 1) the grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17.96.2210 of the Development Code; 2) the grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties; 3) the nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural; and 4) the grading conforms with the minimum standards for finished slope, depth of cut and/or fill, retaining wall location and height, and driveway slope established under Section 17.76.040(E)(8) of the Development Code; and, WHEREAS, on October 13, 1997, less than fifteen (15) days following the Director's decision, the appellants, Tom and Francine Accetta, filed an appeal to the Planning Commission, requesting that the Planning Commission overturn the Director's approval of Grading Permit No. 1950; and, WHEREAS, on November 25, 1997, the Planning Commission conducted a duly noticed public hearing to consider said appeal, and adopted P.C. Resolution No. 97-72, denying the Accettas' appeal and upholding the Director's decision; and, WHEREAS, on December 10, 1997, less than fifteen (15) days following the Planning Commission's decision, the Accettas filed an appeal to the City Council, requesting that the City Council overturn the Planning Commission's approval of Grading Permit No. 1950; 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 February 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 does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17.96.2210 of the Development Code, because most of the proposed grading is for excavation under the proposed residence and for driveway and patio areas immediately surrounding the building footprint; the 31A-foot height of the upslope retaining walls proposed is well below the 8-foot-tall standard permitted by Section 17.76.040(E)(8) of the Development Code; and there will be no non- permitted disturbance of extreme slope areas and minimal disturbance of other portions of the lot beyond the existing building pad. Section 2: The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the height of the proposed residence is at or below the maximum 16-foot height permitted by • right for a structure on a pad lot, and any views from adjacent sites which are affected by the proposed residence are not protected views as defined in Section 17.02.040 of the Rancho Palos Verdes Development Code; and the approval of this proposal is conditioned to use a lower benchmark elevation than proposed by the applicant, thereby reducing the impacts to portions of these un-protected views resulting from the project. Section 3: The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural because, with the exception of a permitted encroachment for the pool equipment, none of the existing extreme slope area along Newridge Drive will be disturbed by this project; the pad area will be lowered about two feet (2'0") from its existing elevation; and there is no creation of significant new slopes or large retaining walls proposed as a part of the project. Resolution No. 98-10 Page 2 of 7 Section 4: The grading conforms with the minimum standards for finished slope, depth of cut and/or fill, retaining wall location and height, and driveway slope established under Section 17.76.040(E)(8) of the Development Code because no grading is proposed on extreme slope areas nor are new slopes in excess of thirty-five percent (35%) slope proposed; the maximum depth of cut proposed is less than the 5-foot maximum depth permitted and the maximum height of upslope retaining walls is less than the 8-foot maximum height permitted; and the maximum driveway slope proposed is less than the maximum 20-percent slope permitted. Section 5: There are no natural topographic features on the subject property, so the required finding that the grading takes into account the preservation of natural topographic features and appearances by means of land sculpting so as to blend any man- made or manufactured slope into the natural topography, is not applicable to the proposed project. Section 6: The proposed project is not a new residential tract, so the required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage, and minimize visual effects of grading and construction on hillside areas, is not applicable to the proposed project. Section 7:, The proposed project does not involve the construction of new streets or other right-of-way improvements, 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 to the proposed project. Section 8: There is no natural landscape or wildlife habitat present on the subject property, so the required finding that the grading would not cause excessive and • unnecessary disturbance of natural landscape or wildlife habitat through removal of vegetation, is not applicable to the proposed project. Section 9: 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 10: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, and P.C. Resolution No. 97-72, which are attached hereto by reference, the City Council of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Planning Commission's decision and approving Grading Permit No. 1950 for four hundred forty cubic yards (440 yd3) of grading for a new, 5,440-square-foot, 1-story single-family Resolution No. 98-10 Page 3 of 7 residence on a vacant lot in the Crestmount community, located at 3434 Newridge Drive, subject to the conditions contained in Exhibit 'A', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area. PASSED, APPROVED, AND ADOPTED this 17th day of February 1998. r� - ..LL••/�1_ / AJ _ . _ Mayor . ATTEST. !, I , ty 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. 98-10 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 17, 1998. 411) City CIS City of ancho Palos Verdes Resolution No. 98-10 Page 4 of 7 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR GRADING PERMIT NO. 1950 (3434 Newridge Drive) 1. Within ninety (90) days following adoption of this Resolution, 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 shall render this approval null and void. 2. This approval is to allow four hundred forty cubic yards{440 yd3) of grading for a new, 5,440-square-foot (including the garage and pool house), 1-story single-family residence on a vacant pad lot in the Crestmount community, located at 3434 Newridge Drive. Any substantial change shall require approval of a revision to Grading Permit No. 1950 by the Planning Commission and shall require a new and separate environmental review. 3. 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. 4. 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. 5. If the project has not been established (i.e., grading and/or building permits obtained) within one hundred eighty (180) days of the effective date of this Resolution, or if construction has not been commenced within one hundred eighty (180) days of the issuance of grading and/or 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 Planning Commission. Otherwise, a grading permit revision must be approved prior to further development. 6. 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. 7. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans submitted to the City on February 11, 1998, entitled "New Residence for Mr. & Mrs. Gene and Leonna Price, Resolution No. 98-10 Page 5of7 3434 Newridge Drive, Rancho Palos Verdes, CA 90275", prepared by Andrea Wakita of Adyton Design and Construction and labelled "GR 1950 2ND SUB." 8. The structure shall comply with the following setbacks as indicated on the grading plan: Front: 20'0" Sides: 8'0" West and 48'0" East Rear: 15'0" The applicant shall provide certification of these setbacks at the time of foundation form inspection by the Building and Safety Division. 9. A total of four hundred forty cubic yards (440 yd3) of grading is allowed under this permit, consisting entirely of cut and no fill. The maximum depth of cut shall be three feet six inches (3'6"). 10. Notwithstanding the grading plan submitted to the City on February 11, 1998, building height shall be measured from the following elevations: Upslope: 1186.0' Downslope: 1183.0' Maximum Ridge Height: 1201.17' RIDGE HEIGHT CRITICAL. Ridge height certification shall be required at roof framing inspection and prior to building permit final inspection. 11. The project shall maintain a sixty-six percent (66%) open space coverage. 12. Side- and rear-yard retaining walls shall not exceed an individual or combined height of three feet six inches (3'6"). There shall not be more than one retaining wall per side- or rear-yard. 13. The driveway shall maintain a maximum slope of ten percent (10%). 14. No new slopes exceeding fifty percent (50%) may be created, except adjacent to the driveway, where slopes up to sixty-seven percent (67%) may be created. 15. Notwithstanding the approval of Grading Permit No. 1950, as submitted to the City on February 11, 1998: Resolution No. 98-10 Page 6 of 7 a. The pool, spa and related equipment and enclosure require separate review of a site plan review by the Director of Planning, Building and Code Enforcement. b. No walls, fences, gates or other structures in excess of forty-two inches (42") in height are permitted between the house and the front and street-side property lines. 16. Prior to grading permit issuance by the Building and Safety Division, a plan for haul routes and staging of trucks and vehicles must be submitted to and approved by the Director of Public Works. 17. The hours of grading and construction shall be limited to 7:00 AM to 7:00 PM, Monday through Saturday. No grading or construction shall be permitted on Sundays or on legal holidays. 18. All grading activity, including compaction, shall be conducted in accordance with the applicable requirements established by the City of Rancho Palos Verdes Building and Safety Division. 19. The construction site 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, appliance or other household fixtures. 20. There is no existing foliage on the subject property-that impairs views from any nearby residences. Therefore, none of the vegetation on the subject lot needs to be trimmed or removed prior to Building permit issuance. However, this determination does not preclude or prevent a property owner from filing for a view restoration permit against the subject property at a future date. M:\USERS\KITF\WPWIN60\COUNCIL\NEWRIDGE\GR1950.RES Resolution No. 98-10 Page 7 of 7