CC RES 1990-013RESOLUTION 90 -13
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE APPEAL OF
GRADING PERMIT NO. 1322, AND APPROVING GRADING
PERMIT NO. 1322 REVISION "A" FOR THE PROJECT AT
75 MARGUERITE DRIVE.
WHEREAS, the applicant, Cathy Devi Ratnawaty, has requested
approval of Grading Permit No. 1322 to allow 988 cubic yards of
grading for the purpose of constructing a single- family residence
at 75 Marguerite Drive; and
WHEREAS, on October 30, 1989, the Director of Environmental
Services denied the application, based on the provisions of
Section 17.50.070 of the City's Municipal Code; and
WHEREAS, on November 1, 1989, the applicant, within the 15-
day appeal period allowed by the Development Code, appealed
Staff's decision to the Planning Commission; and
WHEREAS, on January 9, 1990 the Planning Commission sustained
the appellant's appeal, thereby approving the project; and
WHEREAS, on January 24, 1990, within the 15 -day appeal period
allowed by the Development Code, Mayor Pro Tem John McTaggart
appealed the Planning Commission's decision to the City Council in
order to permit a hearing by the City Council, and whereas Mayor
Pro Tem McTaggart stated that although he had appealed to
facilitate a full hearing, he had not prejudged the project, nor
did he have any bias that would prevent him from hearing the
matter impartially; and
WHEREAS, the City Council held a hearing on February 20 and
March 6, 1990, at which time all interested parties were given an
opportunity to be heard and present evidence; and
WHEREAS, on February 27, 1990, the applicant submitted
Revision "A" to reduce grading quantitates to a total of 726 cubic
yards and to achieve a split level design.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the applicant is proposing a two - story,
8,900 square foot structure on Lot 12 of Tract No. 40640, with
associated grading of 988 cubic yards and a maximum ridgeli.ne
elevation of 185 feet.
Section 2: That the proposed grading would be "excessive
beyond that necessary for the permitted primary use of the lot ",
contrary to the provisions of Section 17.50.070(A) of the City's
Development Code, because the lot has already been graded to
accommodate a structure and because the applicant failed to
demonstrate that the additional grading was necessary for
development of the primary use of the lot.
Section 3: That the proposed grading would further be
excessive according to the provisions of Section 17.50.070(A) of
the City's Development Code since structures on similar lots in
Tract No. 40640 have generally required approximately 200-500
cubic yards of grading, one-third to one-half of the 988 cubic
yards proposed for this lot.
Section 4 That the grading and construction would create a
two-story structure which would significantly adversely affect
side views and views from the ocean by grading below the
established average pad elevation of 166 feet, contrary to the
provisions of Section 17.50.070(B) of the City's Development Code
which requires that proposed "grading and/or construction does not
significantly adversely affect the visual relationships with, nor
the views from, neighboring sites."
Section 5: That the proposed grading would be inconsistent
with the intent of City Council approval of Tract No. 40640, which
established average pad elevations, maximum ridgeline elevations,
and building envelopes, the purpose of which was to define an
outline for a building footprint and upper and lower height limits
to guide development on each lot in the tract.
Section 6: For the foregoing reasons and based on
information and findings provided in the Staff report,
proceedings, and minutes, the City Council of the City
Palos Verdes hereby upholds the appeal of the Planning
Commission's decision, thereby denying proposed Grading
1322 and approving Grading Permit No. 1322 Revision "A"
PASSED, APPROVED, and ADOPTED
T E S IP
City Clerk
State of California
County of Los Angeles ss
City of Rancho Palos Verdes
records of
of Rancho
Permit No.
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No. 90-13 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on March 6, 19900
Cf Clerk
C .t of Rancho Palos Verdes
Resolution No. 90-11
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