CC RES 1986-015RESOLUTION NO. 86 -15
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES DISMISSING THE
APPEAL OF VARIANCE N0. 111 AND GRADING
APPLICATION N09 759
WHEREAS, the E1 Prado Estates Homeowners' Association has appealed the
Planning Commission approval of Variance No. 111 and Grading Application
No. 759 to construct a single family residence at 30520 Palos Verdes Drive
East; and
WHEREAS, the Planning Commission conducted a public hearing for these
applications on December 10,,,1985 and all interested parties were given an
opportunity a to be heard-'and present evidence; and
WHEREAS, the City Council conducted a public hearing on April 1, 1986
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: That there are exceptional or extraordinary circumstances
or conditions applicable to the property involved, or the intended -- use of
the property, which do not apply generally to other properties in''-the same
zoning district; in that the subject lot has deep fill areas, a ravine -
causing portions of the lot to be inaccessible, and slopes exceeding 35
percent; therefore, the 15' -3" of additional downslope height is warranted.
Section 2: That such variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant, which right is
possessed by other property owners under like conditions in the same zoning
district; in that as a legal lot, the owners have the right to construct a
single family .residence, if geologically feasible, on the subject property.
Section
3: That the
granting
of such a variance will not be materially
detrimental
to the public
welfare
or injurious to property and improvements
in the area
in which the
property is located; in that no significant view
obstruction
would result
from the
additional downward height, and all geo-
logical issues shall be addressed
to the satisfaction of the City Geologist
prior to issuance of any
building
permits,
Section 4: That the granting of such a variance will not be contrary
to the objectives of the General Plan; in that the property owner has a
right to construct a single family residence on a lot legally created prior
to incorporation of the City, if proven geologically feasible.
Section 5: That the 236+ cubic yards of grading proposed to construct
the subject house is minimal in light of the existing slope conditions on
the subject property.
705CP /RES10.1 -1- Resolution No. 86 -15 -
Section 6: That the conditions set forth in Exhibit "A" attached
hereto and made a part. hereof, are necessary and adequate to protect the
public health, safety and general welfare of the area.
Section 7: For the foregoing reasons, the City Council of the City of
Rancho Palos Verdes hereby dismisses this appeal of the Planning Commis-
sion's approval of Variance No. 111 and Grading Application No. 759.
APPROVED and ADOPTED on April 1, 1986.
ATTEST:
CITY 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. 86 -15 was duly and regularly
passed and adopted by the said City Council at a regular meeting thereof
held on April 1, 19860
City Clerks City of Rancho Palos Verdes
705CP /RES10.2 -2- Resolution No. 86 -15
Variance No. 111, Grading No 759 and an Encroachment Permit are approved
subject to the following.conditions:
(1) The applicant shall submit a detailed geological report to the Build-
ing and Safety Division for review by the City Geologist. All geolog-
ical issues shall be addressed to the satisfaction of the City Geolo-
gist prior to issuance of any permits.
(2) All recommendations of the City and consulting Geologist shall be in-
corporated into final structural plans prior to issuance of any per-
mits.
(3) The approval of Variance No. 111 shall expire one (1) year from the
date of adoption, unless an extension is granted by the Planning Com-
mission prior to expiration.
(4) The applicants shall upgrade the existing 12" CMP drain to an 18" line
with RCP in City easement and under structures. City shall accept
maintenance responsibility for that portion of the drain within the
road easement. Landowner shall assume such responsibility for remain -
ing portion.
(5) The applicants shall install and be responsible for maintaining a new
12" CMP drain to handle run off on the east side of the property.
(6) The applicants shall install curb gutter and pavement to accommodate a
42" bike lane along the property frontage.
(7 ) A vehicle barrier shall be installed to replace the guardrail being
removed. This barrier can be integral with the bridge structure if a
design is presented to and accepted by the Director of Public Works.
(8) Encroachment approvals are subject to the following conditions:
(a) The owner shall provide a recorded hold - harmless agreement.
(b) The owner shall agree to remove the encroachment at the direction
of the Public Works Director on 10 days notice except in emer-
gency situation where removal may be required on shorter notice.
If the owner fails to remove the encroachment within the speci-
fied time, the City will do the work and the owner will be bill-
ed.
(c) The owner shall obtain liability insurance ($500,000-$1,000,000),
naming the City as additionally insured, and provide a copy of
said insurance policy annually.
(d) The ower shall record conditions a, b and c as conditions running
with the land to the satisfaction of the City Attorney. The
owner must obtain a formal encroachment permit from the Public
Works Department.
(e) The encroachments shall be constructed and installed in accord-
ance with approved plans.
(9)_
The approved house shall be no higher than on (1) foot below the fin-
ished floor level of the residence at 30530 Palos Verdes Drive East
and shall have a maximum downslope height not to exceed 45' -3 ".
705CP /RES10.3 -3- Resolution No. 86 -15
(10) Applicant shall record a Hold Harmless Agreement holding the City
harmless against flooding on the property.
(11) The applicants shall install an automatic garage door opener- and
roll -up type garage doors.
(12) Revised plans reflecting staff and /or Planning-Commission recommended
changes ( 3.5' retaining walls, deletion of archway in setback, and
20' front setback) shall be submitted for review and approval by
staff prior to submittal for Building and Safety plan check.
(13) The proposed residence shall have the following minimum setbacks:
Front - 20' measured from road easement line.
Rear - 15' measured from property line.
Sides - 5' measured from property line.
(14) Tree heights shall not exceed the ridge height of the proposed house
(heights of trees to step with ridgeline).
(15) There shall be no storage of equipment or materials in the improved
right -of -way during construction of the subject house, unless permit-
ted by the Director of Public Works. In addition, there shall be no
construction activity on the projec involving the movement of heavy
equipment in the public right-of-way or the delivery of materials to
the project before 8:00 A.M.
705CP /RES10.4 -4- Resolution No. 86 -15