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PC RES 2009-019 P.C. RESOLUTION NO. 2009-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING, WITHOUT PREJUDICE, A GRADING PERMIT AND AN AMENDMENT TO A CONDITIONAL USE PERMIT (ZON2009-00085) TO CONDUCT 120YD3 OF GRADING AND CONSTRUCT A 59 TALL RETAINING WALL AGAINST AN ASCENDING EXTREME SLOPE IN THE STREET SIDE YARD AT 78 VIA DEL CIELO. WHEREAS, on November 26, 2008, a new single family residence, an attached garage and a detached pool house measuring a total of 5,168ft2 along with a swimming pool in the rear yard was approved for the subject vacant property. Subsequently, the applicant submitted the approved project for plan check review with the Building and Safety Department. The plan check review is still pending and the subject property remains vacant; and, WHEREAS, on March 9, 2009, the applicant submitted a Grading Permit and an amendment to a Conditional Use Permit application requesting approval to excavate 120yd3 of earth and construct a 5' tall retaining wall against an ascending extreme slope in the street side yard; and, WHEREAS, on April 6, 2009, the application for a Grading Permit and an amendment to a Conditional Use Permit was deemed complete by staff; 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), the Planning Commission found no evidence that the Grading Permit and an amendment to a Conditional Use Permit will not 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 noticed issued on April 13, 2009, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 12, 2009, 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-. That the proposed project is a request to conduct 120yd3 of grading and construct a 5' tall retaining wall against an ascending extreme slope in the street side yard. Section 2: That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. More specifically, the subject lot size is sufficient to allow for the development of a single-family residence and related accessory structures in compliance with the provisions of CUP 158. The proposed project involves excavating a portion P.C. Resolution No. 2009-19 Page 1 of 3 of an unusable area consisting of a 2:1 slope. The proposed retaining wall would not require additional lot area; rather create more usable yard space through the proposed grading. Section 3: That there are no additional conditions necessary other than what is already set forth through the previously approved CUP 158 that governs the location of retaining walls necessary to protect the health, safety and general welfare to make possible development of the City in an orderly and efficient manner. Section 4: That the grading exceeds what is necessary for the permitted primary use of the lot. The proposed project is in a RS-1/RPD zoning district, in which the primary use of the lot is residential. As evidenced in Case No. ZON2008-00611, the subject lot in its current condition can accommodate a new residence, attached garage, detached pool house and swimming pool without altering the existing slope. It should be noted that these improvements are common on other properties within the same RPD. Section 5: That the finished contours as a result of the grading would not be reasonably natural because the existing contours would be disturbed by the removal of a portion of the existing slope. The existing contours of the lot are a result of the creation of the Oceanfront tract. The residential tract was graded into a series of terraced lots, separated by transitional slopes with finished contours that appear reasonably natural. Section 6: That the grading permit is not warranted because it exceeds the following grading standards: 1) the proposed grading is on a slope equal to or exceeding 35% to a legal lot that was created after November 25, 1975; 2) the proposed cut exceeds 5' in depth where there are no unusual circumstance to make such grading reasonable and necessary; and 3) the proposed retaining wall exceeds 3'/2' in height in the side yard. More specifically, the proposed project is to excavate 6' in depth on a 2:1 slope in the street side yard. Section 7: That approving the deviations to the grading criteria noted in Section 5 above will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and be inconsistent with the purposes of the grading permit. More specifically, the subject site can accommodate a residence and other accessory structures as evidenced by a previously approved project (ZON2008-00611) that did not require altering the existing slope. Given the background, creating additional building pad area through the proposed project is excessive and unnecessary. Additionally, the City has not granted an approval to grade in excess of the conditions set forth in CUP 158 on other comparable properties within the Oceanfront community. The only properties with retaining walls in their side yards are split-level homes within the Oceanfront community. As such, granting an approval for the proposed project would be of a special privilege inconsistent with the limitations upon other properties in the vicinity and would set a precedence that would be inconsistent with the original findings for the RPD and the purposes of the grading permit. Section 8: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed by 5:30 PM on Wednesday, May 27, 2009. An appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on May 27, 2009. 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 P.C. Resolution No. 2009-19 Page 2of3 Commission of the City of Rancho Palos Verdes hereby denies, without prejudice, a Grading Permit and an amendment to a Conditional Use Permit to conduct 120yd3 of grading and construct a 5' tall retaining wall against an extreme slope in the street side yard at 78 Via Del Cielo (Case No. ZON2009-00085). PASSED, APPROVED AND ADOPTED this 12th day of May 2009, by the following vote: AYES: Commissioner Knight, Perestam, Ruttenberg, Tetreault, Chairman Lewis NOES: None ABSTENTIONS: Commissioner Gerstner RECUSALS: None ABSENT: Commissioner Tomblin effrey Le Chairman Joel Ras, AICP Direct r o Planning, ilding and Co Enforcement; and, Secretary of the Planning Commission P.C. Resolution No. 2009-19 Page 3 of 3