PC RES 2006-028 P.C. RESOLUTION NO. 2006 28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING CASE NO. ZON2006-00321, A
REVISION OF HEIGHT VARIATION PERMIT AND GRADING PERMIT
(Case No. ZON2005-00067) TO ALLOW FOR ADDITIONAL 200 CUBIC
YARDS OF EXCAVATION AND 571 AQUARE FOOT OF ADDITIONAL
SUBTERRANEAN GARAGE AREA IN ASSOCIATION WITH A NEW
RESIDENCE AND GARAGE PREVIOUSLY APPROVED, ON A PAD LOT
LOCATED AT 6409 VIA CANADA.
WHEREAS, on January 10, 2006, the Planning Commission approved a Height
Variation application and Grading Permit application (hereinafter referred to as ZON2005-
00067), for the construction of a new 4,890 square foot two-story split-level residence with
an overall height of 26-feet, and 996 cubic yards of grading, for property located at 6409
Via Canada; and,
WHEREAS, on April 18, 2006, the applicant submitted an application (Case No.
ZON2006-00321) to revise Case No. ZON2005-00067 to conduct 200 cubic yards of
excavation and expansion of the approved garage by 571 square feet; and,
WHEREAS, on May 12, 2006, the project was deemed generally complete for
processing; 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 Regulation, 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 ZON2006-00321 would have a significant effect
on the environment and,therefore, the proposed project has been found to be categorically
exempt under Class 3 (Section 15303) since the project involves the construction of one
new single-family residential structure; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code,the Planning Commission held a duly noticed public hearing on
June 27, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence;
NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed grading does not exceed that which is necessary for the
permitted primary use of the lot. All of the proposed grading is under the building footprint;
thus, the proposed grading is considered necessary and not excessive.
Section 2: The grading and related construction will not significantly adversely
affect the visual relationships nor the views from neighboring properties since the grading
will be conducted under the approved building footprint, and therefore not visible from the
street of access.
Section 3: The resulting appearance will not significantly change the appearance
of the immediate neighborhood and the residence will be compatible with the immediate
neighborhood. The architectural style, roofing material, exterior finishes, number of stories
and building materials will be consistent with other homes in the neighborhood. The roof
covering over the entry to the residence will be modified to include one vertical column, a
lower roof cover, and eliminate the fascia and provide roof eaves with exposed rafters that
are similar in design to the hip elements on either side of the proposed residence.
Furthermore, although the resulting structure size will be the largest in the immediate
neighborhood, it is not a significant deviation from the structure sizes of the immediate
neighborhood, and 1,838 square feet of the residence will not be evident since the area will
be in the lower level of the new residence, which is due to the proposed split-level design.
Furthermore, due to the proposed split-level design, the structure will continue to look like a
one-story residence when viewed from the street. With the revision, the proposed grading
will be conducted entirely under the approved footprint of the new residence and will have
no bearing on the alteration of the appearance approved by the Planning Commission on
January 10, 2006
Section 4: The grading application is consistent with the purpose and intent of the
Section 17.76.040.A, since grading on slopes over 35% is permitted if the lot was recorded
and legally subdivided on or before November 25, 1975. Furthermore, except for the
excavation of a basement or cellar, a fill or cut should not exceed a depth of five (5) feet
and is not allowed on slopes exceeding fifty (50%) percent, except where the Planning
Commission determines that unusual topography, soil conditions, previous grading or other
circumstances make such grading reasonable and necessary. Although the applicant's
request for excavation calls out for a cut up to 9'-6" in height, a minimum vertical clearance
of 7' is required for a garage; as such, the proposed depth of cut for the garage expansion
is necessary. Since the proposed excavation will occur at the subterranean level, this
request presents a circumstance different than had the grading been proposed on an area
of the lot where the resulting appearance would be readily apparent.
Section ® 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 Case No. Z®N2006-
00321 for a revision of Height Variation Permit and Grading Permit (Z®N2005-00067),
thereby allowing for an additional 200 cubic yards of grading for the garage expansion,
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.
Section 6m Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.80 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 July 11, 2006.
P.C. Resolution No. 2006-28
Page 2
PAS�ED, APPROVED, AND ADOPTED this 27th day of June 2006, by the following Grote:
AYES: Lewis, Karp, Gerstner, fight, Ruttenberg, Perestam
NOES : None
ABSTENTIONS: None
ASSENT: Tetreault
Ji Kni
lanai ornmission Chairman
JoUe
s, AICD
®ifPlan ing wilding and
Corceme ?; and, Secretary
to the Planning Commission
P.C. Resolution No. 2006- 2$
Page 3
Exhibit "A"
Conditions of Approval
Case No. Z 200 03 1
(Revision - height Variation & GradingPermit Z 2 0 0067)
1. The Exhibit "A", Conditions of Approval, of the P. C. Resolution ZON2006-00001 shall
be incorporated into these conditions of approval and shall remain in full effect.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant and/or
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 approval. Failure to
provide said written statement within ninety(90)days following the date of this approval
shall render this approval null and void.
3. The approval shall become null and void after one year from the date of approval unless
the approved plans are submitted to the Building and Safety Division to initiate the"plan
check" review process.
4. An additional 200 cubic yards of grading is permitted by this approval, consisting of 200
cubic yards of cut. The maximum depth of cut shall be 9'-6".
5. Prior to building permit issuance and/or commencement of grading, whichever occurs
first, the applicant shall obtain approval of a haul route from the Director of Public
Works.
6. Construction of the approved project shall substantially comply with the plans originally
stamped APPROVED and with the RS-2 district and site development standards of the
Rancho Palos Verdes Development Code.
7. In the event that a Planning requirement and a Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
8. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. Trucks shall not park, queue, and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the
permitted hours of construction stated in this condition.
9. The construction site and all adjacent private and public property 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 is not limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
P.C. Resolution No. 2006-28
Page 4
10.The Director of Planning, Building and Code Enforcement is authorized to make minor
modifications to the approved plans or any of the conditions if such modifications shall
achieve substantially the same results as would strict compliance with said plans and
conditions.
P.C. Resolution No. 2006-28
Page 5