PC RES 2005-027 P.C. RESOLUTION NO. 2005-27
RESOLUTION F THE PLANNING COMMISSION F THE
CITY OF RANCHOL VERDES APPROVING A REVISION
TO A GRADINGPERMIT (CAE NO. z 20 5-00160), T
ALLOW THE RELOCATION OF A DRIVEWAY AND INCREASE
THE GRADING FROM 622 CUBIC YARDS TO 821 CUBIC
YARDS, FOR PROPERTY L AT T 49% ROCKINGHORSE
WHEREAS, on May 25, 2003, the Planning Commission approved a Grading
Permit (Case No. ZON2003-00088) to allow the construction of a 4,507 square foot
single-family residence and 622 cubic yards of grading. The applicant subsequently
appealed the project to contest some of the conditions of approval imposed by the
Planning Commission. On March 17, 2005, the applicant withdrew his appeal, without
City Council acting on the project. As such, the Planning Commission's decision
became final on March 17, 2005; and,
WHEREAS, on April 5, 2005, the applicant submitted an application requesting to
revise the Grading Permit (Case No. ZON2005-00160). This revision is a request to
revise the location of the driveway, thus taking access across an adjacent property, and
increase the quantity of earth movement from 622 cubic yards to 821 cubic yards of
grading; and,
WHEREAS, on April 20, 2005, the application for the revision to the Grading
Permit was deemed complete by Staff; and,
WHEREAS, on May 2, 2005, staff was notified by a neighbor that the proposed
driveway was already graded. Accordingly, staff conducted a site visit to investigate the
alleged violation. Based on this site visit and a review of the City's aerial photographs, it
appears that the upper portion of the driveway is an access road, but the lower portion
of the driveway was cut into the slope without City approval; 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 revision to the Grading
Permit, will have a significant effect on the environment and, therefore, the proposed
project has been found to be categorically exempt under Class 3 (Section 15303); and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on May 10, 2005, May 24, 2005, and June 14, 2005 at which times all
interested parties were given an opportunity to be heard and present evidence.
P.C. Resolution No. 2005-27
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the approved revision to the Grading Permit includes the
relocation of the driveway to take access across the vacant parcel on the west side of
the project site (APN 7556-011-031) and an increase in the amount of grading from 622
c.y. to 821 c.y.
Section 2: The grading does not exceed that which is necessary for the
permitted primary use of the lot, as defined in Chapter 17.96 of the Municipal Code. The
permitted primary use of the property is single-family residential. The proposed revision
will allow the applicant to provide site access without impacting the existing easement,
which serves to improve the access for the residence, thus does not exceed what is
necessary for the permitted primary use of the lot.
Section 3: The grading and/or related construction does not significantly
adversely affect the visual relationships with, or the views from, neighboring properties.
In order to mitigate the appearance of the paved driveway, as seen from other
properties, a condition of approval to have shrubs planted along the northern side of the
driveway has been included. Additionally, in order to reduce the impact of the
appearance of the driveway retaining walls and potential light and glare created by
driveway lights, conditions of approval have been added to require that all driveway
retaining walls have a decorative finish and that no lights be provided on the driveway.
Section 4: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural. The design of the driveway is
such that it follows the existing contours of the lot, thus reducing the disturbances to
these contours.
Section 5: The grading takes into account the preservation of natural
topographical features and appearances by means of land sculpturing so as to blend
any man-made or manufactured slope into natural topography. As noted in the previous
section, the new driveway will follow the existing contours of the lot. Furthermore, a
condition of approval has been added that requires all manufactured slopes to be
contour graded thus blending in the slopes with the natural topography.
Section 6: The grading will not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation. Accordingly
to the "Natural Vegetation of Rancho Palos Verdes" Map (dated June 11, 2003), which
is part of the City's NCCP, the subject site is located in an area which may contain
Coastal Sage Scrub. Based on a biologist's review of the site, there is isolated flora that
is part of the Coastal Sage Scrub community; however this vegetation is not sufficient in
size or area to constitute it as habitat.
Section 7: The grading conforms to standards for grading on slopes, height of
cut and fill, and height of retaining walls. The proposed grading does not include
P.C. Resolution No. 2005-27
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grading on any slope that exceeds a 50% gradient, limits the heights of any cut or fill,
not under the building footprint, to a maximum of 5', and the height of retaining walls
adjacent to the driveway do not exceed a maximum height of 5'.
Section 8: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.70.030, 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes Municipal Code,
any such appeal must be filed with the City, in writing, and with the appropriate appeal
fee, no later than June 298 2005.
Section 9 . For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves revision to
the Grading Permit (Case No. ZON2005-00160), which includes the relocation of the
driveway to take access across the vacant parcel on the west side of the project site
(API 7556-011-031) and an increase in the amount of grading from 622 c.y. to 821 c.y.,
subject to the conditions contained in Exhibit W, 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 14th day of June 2005, by the following
vote:
AYES: GERSTNER, KARP, KNIGHT, PERESTAM, TETREAULT
NOES: NONE
ABSTENTIONS: NONE
ABSENT: GOLIDA, MUELLER
Paul Tetreualt,
Chairman
Jel qojas,
DI(5or of PI nning, Building and Code Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2005-27
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2005-27)
Revision to a Grading Permit (Case No. 2005-0 '160)
1. Unless modified herein, all conditions of approval set forth in P.C. Resolution No.
2004-23 shall be complied with at all times.
2. The approval of this revision to a Grading Permit relocation of the driveway to
take access across the vacant parcel on the west side of the project site (APN
7556-011-031). Additionally, this approval allows an increase in the grading from
622 cubic yards (149 cubic yards of cut and 473 cubic yards of fill) to 821 cubic
yards (349 cubic yards of cut and 472 cubic yards of fill).
3. Conditions of Approval No. 14, 22, 23, & 25 of P.C. Resolution No. 2004-23 are
hereby rescinded.
4. Prior to the issuance of a building permit, the applicant shall record an
ingress/egress easement over the portions of the adjacent property (APN 7556-
011-031), which the driveway traverses. Additionally, the easement shall include
provisions for maintenance of the driveway. Prior to recording the easement,
the applicant shall submit a signed copy of the easement to the city for
review and approval by the City Attorney and City Engineer, which shall
include the establishment of a Trust Deposit to pay for the CityAttorney's
and CityEngineer's review of the easement agreement®
5. Prior to the issuance of building permits, the applicant shall submit an update
of the geology/soils report, for review and approval by the City Geologist, to
include the area of the driveway.
6. Prior to the issuance of building permits, the applicant shall update the
Standard Urban Stormwater Mitigation Plan, subject to the review and approval
of the City, to include the revised driveway.
7. Prior to the submittal of plans into Building and Safety Plan Check, the
applicant shall submit a detailed driveway plan to the Director of Planning,
Building, and Code Enforcement for review and approval. The driveway plan
shall depict the height and location of all retaining walls. In no case shall the
retaining walls exceed a maximum height of 6', without obtaining Planning
Commission approval. Additionally, the applicant shall finish all retaining walls
with a decorative material, subject to the review and approval of the Director of
Planning, Building, and Code Enforcement.
8. Prior to the issuance of building permits, the applicant shall submit a
landscape plan to the Director of Planning, Building, and Code Enforcement for
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review and approval. The landscape plan shall include the following:
a) In order to screen the structure from the property located at 49'/2
Rockinghorse Road, the landscape plan shall include location and number of
the Benjamin Fig (Ficus benjamina), Indian Fig (Ficus microcarpa) and
Magnolia (Magnoliaceae) trees that are to be planted along the east side of
the residence.
b) In order to screen the driveway from the properties located on Coach Road,
hedges shall be planted and maintained along the north side of the upper and
lower driveway.
c) In order to mitigate the impacts of headlights from vehicles approaching the
site from Rockinghorse Road to the properties on Coach Road, landscaping
shall be planted near the top of the driveway to screen headlights. However,
this landscaping shall not be planted in a manner that would hinder the
visibility of oncoming vehicles from the driveway.
d) All landscaping shall be subject to the provisions of the City's View
Restoration and Preservation Ordinance (Municipal Code Section 17.02.040).
Theapplicant shall plant and maintain this landscaping so as to adequately
screen the residence, driveway, and headlights® The planning staff shall
inspect the landscaping prior to the issuance of building permit final to
ensure that the landscaping provide adequate screening of the structure,
as seen from 49% Rockinghorse, and screening of the driveway and
headlights from the homes on Coach Road.
9. In order to reduce light and glare from the new driveway, there shall be no lights
provided on the driveway or illumination of the driveway area in any manner, with
exception of lighting that is mounted to the residence and which illumination does
not extend generally more than 20' from the structure.
10. All manufactured slopes shall be contour graded such that they taper into the
existing topography of the lot.
11. The proposed residence shall not exceed a height of 30' from the lowest
elevation where the finished grade is adjacent to the building foundation/slab
(108') to the highest roof ridgeline (138'), and highest ridgeline of the residence
(138') shall be 10' below the average elevation of the front setback line (148').
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED I IL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'SBUILDING
OFFICIAL FOR REVIEWAPPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
12. Prior to the issuance of building permits and subject to the review and
approval of the Director of Planning, Building, and Code Enforcement, the
plans shall be modified to delineate the extent of existing native Coastal Sage
Scrub (CSS) on the site and the riparian vegetation along the west side of the
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driveway. Additionally, the plans shall include a note that identifies the CSS as a
sensitive biological resource and require the contractor to protect the CSS in
place. A Registered Biologist shall stamp and sign the plan, attesting to the
location of the CSS and the location of the safety fencing required in Condition
#13 below.
13. Prior to the commencement of grading and/or construction and subject to
the review and approval of the Director of Planning, Building, and Code
Enforcement, 48" tall orange plastic safety fencing shall be installed around the
Coastal Sage Scrub (CSS) on the site and the riparian vegetation along the west
side of the driveway.
14. The applicant/property owners for 49'/4 Rockinghorse and the un-addressed
parcel (APN 7556-011-031) shall submit to the City a statement, in writing that
they have read, understand and agree to all conditions of approval listed below.
Failure to provide said written statement within ninety (90) days of the effective
date of approval shall render this approval null and void.
15. Prior to the submittal of plans into Building and Safety Plan Check, the
applicant shall obtain approval of a Site Plan Review from the City Council for the
driveway within the ®pen Space Hazard (®H) zone. Should the City Council
deny the Site Plan Review, this approval shall be deemed null and void.
P.C. Resolution No. 2005-27
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