CC RES 1982-023 RESOLUTION NO. 82 - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES
DENYING GRADING APPLICATION NO. 528
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Vinko
Jaksic with respect to real property described in Exhibit A
attached hereto requesting approval of grading on slopes
greater than thirty-five (35) percent for the construction
of a driveway to provide access to an adjoining lot. The
Planning Commission considered and approved the application
on June 9, 1981.
Section 2. An appeal of the Planning Commission' s
decision was timely filed on June 19, 1981 , pursuant to
Section 96610 of the Municipal Code by Manuel Real.
Section 3. On September 15, 1981 , and March 16,
1982 , the City Council conducted a hearing to consider the
appeal of Grading Application No. 528. The applicant was
represented at the hearing by his attorney and his engineer.
Evidence, both written, and oral, was presented to and
considered by the Council.
Section 4. The City Council finds, pursuant to
Section 9667 of the Municipal Code, that:
1. The applicant seeks to construct a
driveway through the subject property from Chandeleur Road
to a private road adjoining the rear of the property for the
purpose of providing access for a lot above the subject
property. The subject property is presently served by a
driveway from the private roadway.
2. The construction of such driveway will
involve grading on slopes exceeding thirty-five (3 5) percent,
thereby requiring a Commission or Council determination
that the grading is not excessive for the lot.
11/ 3. Section 9667 of the Municipal Code
provides ides that a grading application shall not be approved if
the grading is excessive beyond that necessary for the
permitted primary use of the lot.
4. The primary use of the subject lot is a
single-family residence which is already served by an
existing driveway. The requested driveway is not necessary
for the primary use of the lot, but rather, is designed
primarily to serve as a means of access to another lot,
adjacent to and above the subject lot.
•
5. The grading of slopes in excess of
i
thirty-five (35) feet in this instance is unnecessary and
excessive as to the primary permitted residential use of the
property. The grading will unnecessarily disturb natural
contours of the lot and is inconsistent with the City's
General Plan proscription against Y
it P 9 excessive grading because
t will involve a substantial cut in the hillside and the
use
of retaining walls for a steep and narrow driveway which ch is
superfluous to the use of the property.
Section 6. Based on the aforementioned findings,
the City Council hereby grants the d • �
Application with 9 appeal and denies Grading
pplication No. 528 with respect to the real ro ert
described in Section 1 hereof.
p P y
PASSED, APROVED AND ADOPTED this 6th day of
April 1982. Y
_- , _
MAYOR
ATTEST:
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.I Y % LE!J
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I HEREBY CERTIFY that the foregoing is a true and
Resolution No. 82-23 passed and correct copy of
p adopted by the City Council of the
City of Rancho Palos Verdes at a meeting thereof •
of April, 1982, g eof held this 6th day
/ThQ ,
,� _ TY CLE
Resolution No. 82-23 -2-