PC RES 2010-030 P.C. RESOLUTION NO. 2010-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING, WITH CONDITIONS, A
GRADING PERMIT AND SITE PLAN REVIEW (CASE NO. ZON2010-
00172) TO CONDUCT 3,880YD3 OF GRADING TO ACCOMMODATE A
NEW TWO-STORY 5,909FT2 RESIDENCE ON A VACANT LOT
LOCATED AT 30156 CARTIER DRIVE.
WHEREAS, on October 12, 2009, a Grading Permit and Site Plan Review application
(Case No. ZON2010-00172) was submitted, requesting to construct a new residence with
related grading on a vacant lot located at 30156 Cartier Drive; and,
WHEREAS, on June 1, 2010, the project was deemed incomplete based on insufficient
information; and,
WHEREAS, the property owner submitted additional information and the project was
deemed complete on August 23, 2010; 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 Case No. ZON2010-00172 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, a public notice was mailed to all property owners within a 500' radius
from the subject property and published in the Palos Verdes Peninsula News on August 26,
2010 pursuant to the requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on September
28, 2010, 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: A Grading Permit to allow the construction of a new 29.5' tall, 5,909ft2
two-story residence on a vacant lot located at 30156 Cartier Drive with a total of 3,880yd3
(3,758yd3 of cut & 122yd3 of fill) of grading can be warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. The permitted primary use of the lot is to provide for an individual dwelling
and the proposed grading quantity is for the construction of a new residence and
driveway.
B. The proposed grading and/or related construction does not significantly adversely
affect the visual relationships with, nor the views from the viewing area of
neighboring properties because the new structure will be below the preconstruction
P.C. Resolution No. 2010-30
Page 1
grade at the highest elevation to be covered by the new structure and the viewing
areas of the properties along Matisse Drive are at least 30' higher in elevation.
C. The nature of the grading minimizes disturbance to the natural contours and finished
contours are reasonably natural because the existing contours on site are a result of
past grading and therefore absent of any natural contours. Due to the extreme
slopes on site, grading is necessary for the reasonable development of the lot.
Similar to other improved properties in the neighborhood, the proposed project
involves grading for the building footprint, driveway and a minimal rear yard area.
The front yard setback area, outside of the proposed driveway will be re-graded to a
sloping condition similar to the existing condition of the lot, while the area beyond the
small rear yard area will remain untouched.
D. The 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 the natural topography because the existing contours on
site are a result of past grading and therefore absent of any natural contours.
Additionally, the resulting appearance of the site would be consistent with what has
been historically approved for topographically comparable sites in the immediate
neighborhood. Most of the developed properties are absent of any previous
topographical features with exception to a minimal amount at the rear. The primary
reason is because most of the topographically comparable lots consist of extreme
slopes that require grading for any type of development.
E. For new single-family residences, the grading and/or related construction is
compatible with the immediate neighborhood character. The overall structure size is
within the neighborhood range and the proposed combination of architectural
elements and materials are consistent with what exists on other neighboring homes.
Additionally, bulk and mass are minimized by large setbacks, recessed second floor,
and landscaping of nearly 80% of the front yard setback. Additionally, the proposed
setbacks exceed the minimum setback requirements and are consistent with the
existing pattern in the neighborhood.
F. The grading would not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because there is no
evidence of natural landscape or wildlife habitat on site.
G. The grading conforms to the following standards:
L Grading on slopes equal to or exceeding 35% is allowed because the subject lot
was recorded and subdivided prior to November 25, 1975, and is not zoned open
space/hazard. Additionally, the grading, as conditioned, will not threaten the
public health, safety and welfare because a soils/geology report will be required
to the satisfaction of the Building & Safety Division to ensure that no adverse
impacts will occur prior to any grading or construction activity. Additionally,
similar approvals were granted to neighboring lots in the same residential tract
because the existing topography necessitates grading for the reasonable
development of the lot.
ii. The existing topography as a result of the previous grading at the time of lot
creation necessitates grading for the reasonable development of the lot. More
P.C. Resolution No. 2010-30
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specifically, the subject lot consists of extreme slopes that require cuts in excess
of 5' to accommodate a new residence entirely within the slope.
iii. No fill or cut shall be permitted on a slope exceeding 50% gradient, unless the
grading is on a 67% slope.
iv. Retaining walls which are an integral part of a structure may exceed 8' in height.
v. Driveways which exceed 20% slope shall not be permitted.
vi. Slopes not greater than 67% may be permitted adjacent to driveways.
H. Grading in excess of that permissible for creation of new slopes, depth of cut and
heights of retaining walls are warranted. Specifically, the slope in the front and sides
yards are proposed to be over 35% gradient; each side yard retaining wall are
proposed at maximum 14' (north) and 14.5' (south) in height; two retaining walls to
the rear are proposed at maximum 6.62' and 11' in height; and four retaining walls to
the front are proposed at maximum 3.5' in height. These deviations are warranted
because:
L The criteria of subsections (E)(1) through (E)(8) of RPVMC §17.76.040(E) are
satisfied.
ii. The approval is consistent with the purposes of the Grading Permit which is to
"permit reasonable development of land, ensuring the maximum preservation of
natural scenic character of the area consistent with reasonable economic use of
such property, and ensuring that each project complies with all goals and policies
of the General Plan". More specifically, the proposed grading and related
retaining walls allows for reasonable development of the intended use of the
property without adversely affecting surrounding properties while consistent with
the land use designation for the area.
iii. Departure from the standards in subsection (E)(9) of RPVMC §17.76.040(E) will
not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity because there are three recently City approved
properties with comparable topographical conditions located at 30120, 30130
and 30142 Cartier Drive that were granted the same deviations to allow for
similar development.
iv. Departure from the standards of subsection (E)(9) of RPVMC §17.76.040(E) will
not be detrimental to the public safety nor to other property because the
proposed improvements will require geotechnical review and issuance of a
Building Permit, thereby ensuring that the improvements will not be detrimental to
or injurious to other properties and improvements in the area.
Section 2: A Site Plan Review to allow the installation of photovoltaic panels on the
extreme slope at the rear of the property is warranted because it meets the minimum setback
requirements of RS-2 zoning district and height restriction of 12', as measured from existing
grade.
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Section 3: Any interested person aggrieved by this decision or any portion of this
decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for
appeal and any specific action being requested by the appellant. Any appeal letter must be filed
within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday,
October 13, 2010. A $2,255.00 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'October 13, 2010.
Section 4: 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, with conditions, Case No.
ZON2010-00172, for a request to construct a 29.5' tall, 5,909ft2 residence with 3,880yd3 of
related grading on a vacant lot located at 30156 Cartier Drive.
PASSED, APPROVED AND ADOPTED this 28th day of September 2010, by the following vote:
AYES: Commissioner Emenhiser, Knight, Leon, Lewis, Vice Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioner, Tetreault, Chairman Gerstner
Bill Gerstner,
Chairman
Joel Va
, AICP
Comy Devel ent Director and
Secrof the Planning Commission
P.C. Resolution No. 201030
Page 4
EXHIBIT `A'
CONDITIONS OF APPROVAL
CASE NO. ZON2010-00172 (30156 Cartier Drive)
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 conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, the applicant shall obtain an
encroachment permit from the Director of Public Works.
3. 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.
4. 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.
5. The Community Development Director 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 change to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
6. The project development on the site shall conform to the specific standards 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.
7. 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.
8. 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 one year 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 Community Development Director and approved by the
Director.
9. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply-
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10. 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.
11. 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.
12. 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.
13. Unless modified by the approval of future planning applications, the approved project shall
maintain a maximum of 40% lot coverage.
14. The approved residence shall maintain setbacks of 41.5' front, 36.5' rear, 10" north side and
16.5' south side.
15. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed
50%.
16. The driveway shall be of a minimum width of 10' and shall not exceed 20% slope.
17. A paved 25' turning radius shall be provided between the garage or other parking area an
the street of access for driveways which have an average slope of 10% or more, and which
are 50' or more in length.
18. A minimum 3 enclosed parking spaces shall be provided and maintained in a garage and a
minimum of three unenclosed parking spaces shall be provided and maintained as a
driveway. Each required parking space being shall individually accessible and maintain
minimum unobstructed dimensions of 9' in width and 20' in depth.
19. 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 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.
20.All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
21. All construction sites shall be maintained in a secure, safe, neat and orderly manner.
Temporary portable 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 placed in a location that will minimize disturbance to the
surrounding property owners.
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22. All utility lines installed to service the building shall be placed underground from an existing
power pole or other point of connection off-site prior to certificate of occupancy.
23. This approval is for a 5,909ft2 two-story single-family residence, which includes a 693ft2
three-car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a
licensed land surveyor or civil engineer prior to building permit final.
24. The maximum ridgeline of the approved project is 141.5'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer
prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED
FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil
engineer, showing the Finished Floor Elevation at 112'.
25. This approval allows 3,880yd3 of grading (3,758yd3 of cut & 122yd3 of fill) and the following
retaining walls:
a) Four retaining walls up to 3.5' in height at the front;
b) One retaining wall on each side of the lot measuring 14' (north) and 14.5'(south) in
height;
c) Two retaining walls measuring 6.62' and 11' in height at the rear; and,
d) 4.3' tall combination wall around the terrace area at the front.
26. This approval allows the installation of solar panels on extreme slopes at the rear of the
property. The solar panels shall not encroach in any required setback (5' sides & 15' rear)
and shall not exceed 12' in height, as measured from existing grade.
27. This approval allows the placement of a fountain on the terrace. The overall height of the
fountain shall not exceed 12' in height, as measured from the point where the lowest
foundation or slab of the terrace meets finished grade to the top of the fountain.
28. All graded areas, including slopes shall be re-vegetated or landscaped and not left barren.
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