PC RES 2006-059 P.C. RESOLUTION NO. 2006-59
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO L VE ES DENYING THE APPEAL AND UPHOLDING
THE 1 CT ' CISI TO APPROVE, WITH CONDITIONS, SITE
PLAN REVIEWAND GRADINGCAE NO.ZON2005-00593 FOR: A 5,306
SQUARET ONE-STORY RESIDENCE WITHOVERALL HEIGHT
F 1 ', AN UPSLOPE RETAININGALL BEGINNING ON THE WEST
SIDE OF THE LOT TO THE SOUTH SIDE, MEASURING 137' IN LENGTH
AND UP TO 7' IN HEIGHT; AN UPSLOPE RETAINING WALL ON AN
EXTREME SLOPE ON THE SOUTH I E OF THE PROPERTY,
MEASURING57' IN LENGTH TO VIN I HT; AN UPSLOPE
RETAINING ALL ON AN EXTREME SLOPE ON THE NORTH SIDE OF
THE LOT, MEASURING 34' IN LENGTH AND UP TO 4'- " IN HEIGHT; A
AFTER-THE-FACT C ST CTI F ONE DOWNSLOPE RETAINING
LL ON THE NORTHEAST CORNER OF THE SUBJECT
PARCELPROPERTY, MEASURING NO HIGHER THAN '-6" IN HEIGHT,
ON A VACANT LOT LOCATED T 29664 GRANDPOINT LANE.
WHEREAS, on May 14, 2004, a code violation complaint regarding the construction
of two walls on the west and the east side of the property was received by Staff; and,
WHEREAS, on November 10, 2005,the applicant formally submitted Grading Permit
and Site Plan Review applications for a new 5,306 square foot one-story single-family
residence with an overall height of 12'; an upslope retaining wall beginning on the west side
of the lot to the south side, measuring 137' in length and up to 7' in height; an upslope
retaining wall on an extreme slope on the south side of the property, measuring 57' in
length and up to 5' in height; an upslope retaining wall on an extreme slope on the north
side of the lot, measuring 34' in length and up to 5' in height; an upslope retaining wall on
an extreme slope on the north side of the lot, measuring 34' in length and up to 4'-6" in
height; and an after-the-fact construction of the retaining wall on the east side of the
property, measuring 70' in length and up to 3'-6" in height; and,
WHEREAS, on December 8, 2005 and February 1, 2006, the applications were
deemed incomplete, pending the submission of additional materials; and,
WHEREAS, upon submittal of the required information, construction of the
temporary silhouette and submittal of the silhouette certification form, the case was
deemed complete by Staff on May 3, 2006. Subsequently, a notice of application was
mailed to all property owners within 500' radius of the subject site and the notice was
published in the Palos Verdes Peninsula /News on May 6, 2006; 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 Case No. ZQN2005-00593 would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 3 (New Construction or Conversion of Small
Structures) since the project involves the construction of a new residence on a vacant lot;
and,
WHEREAS, on July 7, 2006, the Director of Planning, Building and Code
Enforcement reviewed and approved Case No. ZON2005-00593, and a Notice of Decision
was prepared and distributed to all interested parties; and,
WHEREAS, on July 20, 2006,within fifteen (15)days following the Director's Notice
of Decision, Rod and Rebecca White, Harry and Peggy Fussganger, and Ruperto and Lula
Elpusan (hereinafter referred to as Appellants),filed an appeal to the Planning Commission
requesting that the Planning Commission overturn the Director's approval of Case No.
ZON2005-00593; and,
WHEREAS, after notice was issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on September 26, 2006 at which time an Appellant produced photographic
evidence to the Planning Commission that suggested misrepresentation of the retaining
wall constructed on the northeast corner of the subject parcel without Planning approval on
the plans submitted by the applicant and subsequently presented to the Planning
Commission.
WHEREAS,the Planning Commission continued the meeting to November 28, 2006
to allow Staff the opportunity to research and review the information regarding the accuracy
of the retaining wall constructed on the northeast corner of the subject parcel; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on
November 28, 2006, at which time all interested parties were given an opportunity to be
heard and present evidence. Furthermore, Staff presented evidence indicating that instead
of one retaining wall constructed on the northeast corner of the property resulting 4' in
height, there are actually two downslope retaining walls containing heights of 4.5' and 8'
with a horizontal separation exceeding 3' between said walls.
NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1 a The proposed residence and 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, and building materials will be consistent with other homes in the
neighborhood. Although the resulting 5,306 square foot residence will be 1,406 square feet
greater than the neighborhood average, the size of the proposed residence is found to be
within the range of the homes in the immediate neighborhood, which range from 2,676
square feet to 8,518 square feet, therefore the size is not a substantial deviation from the
neighborhood range. Further,the proposed construction of the residence on the south side
P.C. Resolution No. 2006-59
Page 2
of the property, behind the front fagade of the proposed residence as seen from the streeet
of access, mitigates the potential concern for creating bulk and mass. Lastly, the building
setbacks from the corresponding property lines are found to be comparable with the
residences found in the immediate neighborhood.
Section 2m The proposed grading does not exceed that which is necessary for the
permitted primary use of the lot. The proposed grading will accommodate construction of
the new residence. The quantity of earth movement is not excessive, as it will be utilized
for the permitted primary use of the lot.
Section 3s The grading and related construction will not significantly adversely
affect the visual relationships nor the views from neighboring properties. From the existing
elevation (935'), an excavation with a cut measuring up to 7' is proposed, resulting in a
finished grade elevation ranging from 928.5' to 929'on the west side of the subject lot. The
proposed 12' high residence, the construction on the finished grade (928.5929') will be
lower in height, than a structure which would have been constructed at the existing grade
(935').
Section 4® The proposed grading minimizes disturbance to the natural contours
and finished contours are reasonably natural. The proposed grading for the residence will
occur on a non-extreme slope area to accommodate the construction of the west and south
portions of the residence, with the remainder of the property maintaining in its natural
condition and topography. Grading proposed on the extreme slopes on the south and north
portions of the lot are limited to constructing upslope retaining walls to create flat areas
devoid of habitable structures. The grading proposed on the property is limited to the
construction of the new residence and the associated retaining walls adjacent to the
residence; as such, the resulting appearance of the residential structure and the retaining
walls will appear to be blended with the natural contours.
As for the two downslope retaining walls on the northeast corner of the parcel
constructed without permits on the northeast corner of the subject parcel, the walls have
been designed and constructed in a manner which causes disturbance to the natural
contours and finished contours do not appear to be natural as seen from adjoining
residences.
Section 5. The proposed grading takes into account the preservation of natural
topographic features and appearances by means of land sculpturing so as to blend any
man-made or manufactured slope into natural topography. The proposed residence was
designed to follow the natural topography on the subject site. In accommodating the
construction of the new residence, grading is proposed on the non-extreme slope located
on the west and south elevations. The resulting upslope retaining wall will range in height
from 2'-6" to 7' in height. Outside of this retaining wall, the applicant is proposing two
retaining walls on the south and the north sides, measuring 2' to 5', and 4'-6" respectively,
to provide a flat area. The proposed flat area on the south side is about 3'wide, and on the
north side, ranges from 3'to 5'wide. The site will be landscaped to soften the appearance
of grading.
P.C. Resolution No. 2006-59
Page 3
As for the two downslope retaining walls constructed without permits on the
northeast corner of the subject parcel, the walls have been designed and constructed in a
manner which does not take into account the preservation of natural topographic features
and do not appear to blend in with the existing hillside.
Section 6: The proposed grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of vegetation as no
wildlife habitats have been identified on the subject site.
Section 7: The grading application is consistent with the purpose and intent of
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 7' in depth to construct an upslope retaining
wall on a non-extreme slope on the west side of the property where the new residence is
proposed, the subject site contains topographical constraints not evident in other lots in the
immediate neighborhood. Moreover, the proposed grading is not excessive for that which
is permitted for the primary use of the lot; the proposed grading is for the upslope retaining
wall associated with the new residence; and the proposed grading is subject to the review,
inspection, and approval of the City's Building Official, hence, will not be detrimental to the
public safety or the surrounding properties.
Additionally, Staff determined that the after-the-fact construction of two downslope
retaining walls on the northeast corner of the subject parcel measuring 4.5' high and 8' high
are not constructed with the Grading criteria that provides for one (1) downslope retaining
wall not exceeding the 3'-6" in height and cannot be justified as being needed for the
proposed use of the lot and sees no basis for allowing the wall to be constructed above the
3'-6" height restriction. Therefore, the project has been conditioned to require that one of
the two downslope retaining walls be removed, the slope on which the wall was constructed
shall be restored to its preexisting condition, and the height of the remaining wall be
reduced to a maximum height of 3'-6".
Section : For the foregoing reason 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 denies the appeal and upholds the
Director's decision to approve the Site Plan Review and Grading Permit application to allow
for the proposed project on the subject vacant lot (Case No. ZON2005-00593), 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 in the area.
Section o 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 stating
P.C. Resolution No. 2006-59
Page 4
the grounds for the appeal and with the appropriate appeal fee, no later than 5:30 PM on
December 13, 2006.
PASSED, APPROVED, AND ADOPTED this 28th day of November 2006, by the following
vote:
AYES: RiAtenberg, Tetreault, Gerstner, Karp
NOES: None
ABSTENTIONS: None
ABSENT: Perestam, Knight, Lewis
A
Bill Gerstner,
Vice Chairman
Joel Ro AICP
Direct d 0 0 ding and
Planning, k
Code Enrcement; and, Secretary
to the Planning Commission
P.C. Resolution No. 2006- 59
Page 5
EXHIBIT
IT GG "
CONDITIONS F APPROVAL
CASE NO. ZON200 -00593
(GRADING AND SITE PLAN REVIEW)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the applicant and
the 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
Resolution. Failure to provide said written statement within ninety (90) days following
the date of this approval shall render this approval null and void.
2. Prior to the submittal of plans into Building and Safety plan check, the applicant shall
obtain an encroachment permit from the Director of Public Works for any curb cuts,
dumpsters in the street or any other temporary or permanent improvements within
the public right-of-way.
3. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the City
of Rancho Palos Verdes Municipal Code shall apply.
4. This approval is for the construction of the following:
a. a 5,306 square foot residence and a three-car garage;
b. an upslope retaining wall in an L-shape formation, beginning from the west
elevation to the south elevation, measuring 137' in length and up to 7' in
height on a non-extreme slope (less than 35%);
c. an upslope retaining wall on an extreme slope on the south elevation,
measuring 57' in length and up to 5' in height;
d. an upslope retaining wall on an extreme slope on the north elevation,
measuring 34' in length and up to 4'-6" in height;
5. Of the two downslope retaining walls constructed on the northeast corner of the
property, one of the walls shall be demolished and the slope which was graded to
construct said wall shall be restored to its original condition.
A GRADING PLANICH CONTAINS THE WALL DEMOLITION AND THE
SLOPE RESTORATION SHALL BE SUBMITTEDTO THE DIRECTOR F
PLANNING, BUILDING AND CODE ENFORCEMENT FOR THE DIRECTOR'S
REVIEW V L PRIOR TO BUILDINGIT ISSUANCE.
6. The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved plans and any of the conditions of approval if
such modifications will achieve substantially the same results as would strict
compliance with the approved plans and conditions. Otherwise, any substantive
changes to the project shall require approval of a revision to the Site Plan Review by
the Planning Commission and shall require new and separate environmental review.
7. The project development on the site shall conform to the specific standards
ZON2005-00593 P j
29664 Grandpoint Lane
November 28, 2006
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the City's Municipal Code, including but
not limited to height, setback and lot coverage standards.
8. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code.
9. If the applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in Section
17.86.070 of the City's Municipal Code within 180 days of the final effective date of
this Resolution, approval of the project shall expire and be of no further effect
unless, prior to expiration, a written request for extension is filed with the Department
of Planning, Building and Code Enforcement and approved by the Director.
10.In the event that any of these conditions conflict with the recommendations and/or
requirements of another City department, the stricter standards shall apply.
11.Unless otherwise designated in these conditions, all construction shall be completed
in substantial conformance with the plans stamped APPROVED by the City with the
effective date of this resolution.
12.The construction site and adjacent public and private properties and streets 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
not be 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.
13.Permitted hours and days of 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.
14.Maximum hardscape coverage within the 20-foot front yard setback area shall not
exceed 50%.
15.A minimum 2-car garage shall be maintained, with each required parking space
being individually accessible and maintaining minimum unobstructed dimensions of
9' in width and 20' in depth, with minimum 7' vertical clearance.
16.Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
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z 2005-00593 (SPR )
29664 Grandpoint Lane
November 28, 200
permitted where the light source is directed toward or results in direct illumination of
a parcel of property or properties other than that upon which such light source is
physically located.
17.All grading, landscaping and construction activities shall exercise effective dust
control techniques, either through screening and/or watering.
18.All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary bathrooms shall be provided on a construction site if required by the
City's Building Official. Said portable bathrooms shall be subject to the approval of
the City's Building official and shall be places in a location that will minimize
disturbance to the surrounding property owners.
19.The applicant shall obtain an encroachment permit from the Director of Public Works
prior to the submittal of plans to the Building and Safety Division for any curb cuts,
dumpsters in the street or any other permanent improvements within the public-
rights-of-way.
Site Plan Review
20.This approval is for the construction of a 5,306 square foot one-story single-family
residence (three-car garage included).
21.Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum 40% lot coverage (34.8% proposed) and the following
setbacks from the applicable property lines:
Front 20' (24'-8" proposed)
Side 5' (6'-6" proposed on the west side, 20'-6" proposed on the
east side)
Rear 15' (15' proposed)
SETBACK CERTIFICATION IS REQUIRED. A LICENSED CIVIL ENGINEER OR
SURVEYOR LL PREPARE THE CERTIFICATION. CERTIFICATION SH LL
E SUBMITTED TO THE CITY'S BUILDINGOFFICIAL FOR REVIEW
APPROVAL PRIOR TO THE POURING OF FOUNDATIONS.
LOT COVERAGE CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEY LL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTEDTO THECITY'S BUILDING OFFICIAL
FOR REVIEWPP V L PRIOR TO THE FINAL OF BUILDING PERMITS.
22.The maximum building height shall not exceed 12', as measured from the lowest
elevation on the finished grade (925.5') to the ridge (937.5').
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ZON2005-00593 )
29664 Grandpolint Lane
November 28, 2006
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER EY LL PREPARE T CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY®S BUILDING OFFICIAL
FOR REVIEW AND APPROVAL PRIOR TO ROOF FRAMINGISHEETING
INSPECTION.
21. A foliage analysis conducted by Staff on April 18, 2006 revealed no existing foliage
that significantly impairs the protected view from any surrounding properties.
Grading
23.A total of 414 cubic yards of grading is permitted by this approval, consisting of 376
cubic yards of cut and 38 cubic yards of fill. The maximum depth of cut shall be 7'
and the maximum depth of fill shall be 1'.
24.One upslope retaining wall in an L-shape formation, beginning from the west
elevation to the south elevation, measuring 137' in length and up to 7' in height may
be constructed.
25.One upslope retaining wall on an extreme slope on the south elevation, measuring
57' in length and up to 5' in height may be constructed.
26.One upslope retaining wall on an extreme slope on the north elevation, measuring
34' in length and up to 4'-6" in height may be constructed.
27.The remaining downslope retaining wall on the northeast corner of the subject parcel
shall be lowered to 3'-6" in height or less.
GRADING LWHICH CONTAINS THE ALL DEMOLITION AND THE
SLOPE T TI SHALL BE SUBMITTED TO THE DIRECTOR
PLANNING, BUILDING AND CODE ENFORCEMENT FOR THE DIRECTOR'S
REVIEWAPPROVAL I TO BUILDINGPERMIT ISSUANCE.
LL HEIGHT L V TI TIFIC TI IS REQUIRED. A LICENSED CIVIL
ENGINEER SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTEDTO THE CITY'S BUILDINGOFFICIAL
FOR REVIEW AND APPROVAL PRIOR TO THE FINAL OF BUILDING PERMITS.
28.This approval includes the after-the-fact construction of the retaining wall on the east
elevation, measuring 70' in length and up to 3'-6" in height.
29.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.
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Z 2005®005 P )
29664 Grandpoint Lane
November 28, 2006
LL HEIGHT ELEVATION CE TII ATI IS REQUIRED. A LICENSED CIVIL
ENGINEERV Y SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING OFFICIAL
FOR REVIEWPP V L PRIOR TO THE FINAL OF BUILDING PERMITS.
30.Building and Safety's approval of all the retaining walls shall be required to the
satisfaction of the City's Building Official.
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