PC RES 2011-007 P.C. RESOLUTION NO. 2011-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A GRADING PERMIT (PLANNING CASE
NO. ZON2010-00413) FOR 3,640 CUBIC YARDS OF
GRADING FOR THE CONSTRUCTION OF A NEW 4,477-
SQUARE-FOOT 2-STORY SINGLE-FAMILY RESIDENCE,
LOCATED AT 30148 CARTIER DRIVE
WHEREAS,on November 16,2010,the applicant,the Chan Family Trust,submitted
an application for Planning Case No. ZON2010-00413 for a Grading Permit to allow the
construction of a new, 2-story single-family residence on an upslope lot on Cartier Drive in
the Palos Verdes Monaco community; and,
WHEREAS, on January 11, 2011, the application for Planning Case
No. ZON2010-00413 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), Staff found no evidence that the approval of the requested Grading Permit
would have a significant effect on the environment and,therefore,the proposed project has
been found to be categorically exempt (Section 15303(a)); 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 February 8, 2011, at which time all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a Grading Permit to allow 3,640 cubic yards of grading forthe
construction of a new 4,477-square-foot 2-story single-family residence to the subject
property:
A. The grading does not exceed that which is necessary for the permitted primary use
of the lot. Most of the proposed grading is for cut (3,539 CY) that is roughly split
40%/60% between the building footprint and the remaining area of the lot, including
the driveway. A relatively small amount of fill (101 CY) is proposed on the slope in
the front-yard setback area. Although a large amount of total grading is proposed
(3,640 CY),the purpose of the grading is to allow the house to be set down into the
existing slope and to maintain the maximum 20-percent driveway slope permitted by
the Development Code. It does not allow for the creation of expansive yard areas
beyond the proposed building footprint.
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. Due to the proposed grading, the highest ridgeline of the
proposed house will be three feet five inches (3'-5") lower than the highest point of
existing grade covered by the structure. The existing homes directly overlooking the
subject property at 30131 Matisse Drive and 30143 Matisse Drive have viewing
areas that are located substantially higher than the highest ridgeline of the proposed
house.
C. The nature of the grading minimizes disturbance to the natural contours and
finished contours are reasonably natural. The existing "natural" contours of the
project site are largely the result of past mass grading for the development of the
neighborhood. With the exception of the building footprint, the driveway and
motorcourt, and a limited area just outside the building footprint, the remainder of
the site will be re-graded to a sloping condition above and below the house that is
similar to the existing condition of the lot.
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. The existing "natural"contours of
the project site are largely the result of human alteration in the past, and there are
no significant natural topographic features that would be disturbed by the proposed
grading.
E. For new single-family residences, the grading and/or related construction is
compatible with the immediate neighborhood character. The proposed project
would be the fourth largest home in the neighborhood, falling within the range of
existing homes sizes. While it would be 13%larger than the average home, it would
also be 4% smaller than the next largest home. The proposed Mediterranean
architectural style and materials are compatible with most of the homes in the
immediate neighborhood. The bulk and mass of the projectwill be minimized bythe
articulation of the front facade and the setback of the second-floor facade by from
the first-floor facade. In addition, the project will significantly exceed the minimum
property line setback requirements, which is compatible with the pattern of
development in the neighborhood.
F. The required finding that, in new residential tracts, the grading includes provisions
for the preservation and introduction of plant materials so as to protect slopes from
soil erosion and slippage and minimize the visual effects of grading and construction
on hillside areas, is not applicable to the proposed project because it is not a new
residential tract.
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G. The required finding that the grading utilizes street designs and improvements which
serve to minimize grading alternatives and harmonize with the natural contours and
character of the hillside is not applicable to the proposed project because it does not
involve modifications to streets or other public infrastructure.
H. The required finding that the grading would not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of
vegetation is not applicable to the proposed project because there is no evidence of
natural landscape or wildlife habitat on the subject property,which is a vacant lot in
an established single-family neighborhood.
I. The grading conforms to certain City standards for grading on slopes, creation of
new slopes, heights of retaining walls, and maximum driveway steepness.
Specifically, slopes adjacent to the driveway will not exceed 67-percent steepness;
the maximum depth of fill is less than five feet (5-0"); no grading is proposed on
slopes in excess of 50-percent steepness;only one 3Y2-foot-tall downslope retaining
wall is proposed; only one 5-foot-tall upslope retaining wall is proposed adjacent to
the driveway; and the maximum driveway slope will not exceed 20-percent
steepness.
J. Pursuant to Section 17.76.040(E)(9)(a) of the Rancho Palos Verdes Development
Code, the proposed grading on a slope equal to or exceeding thirty-five percent
(35%)shall be allowed on the subject property because it is a legally subdivided lot
created prior to November 25, 1975, and because the Planning Commission finds
that the grading will not threaten public health, safety and welfare.
K. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development
Code, the proposed 27-foot depth of cut is reasonable and necessary because of
the steepness of the slope on this existing legal lot,which resulted from the grading
of the neighborhood prior to the City's incorporation.
L. Deviations from certain City standards heights and numbers of upslope retaining
walls in the rear- and side-yard areas are warranted. Specifically, two upslope
retaining walls of five feet (5-0") and ten feet (10'-0") in height are proposed; and
upslope sideyard retaining walls up to 8Y2- to 11-feet-tall are proposed. These
deviations are warranted because:
L The criteria of subsections (E)(1) through (E)(8) of RPVDC Section
17.76.040(E) section are satisfied.
ii. The approval is consistent with the purposes set forth in subsection A of the
City's grading regulations, which stated purpose is to "[permit] reasonable
development of land..."; to "[ensure]that the development of each parcel of
land...occurs in a manner harmonious with adjacent lands..."; and to
P.C. Resolution No. 2011-07
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"[ensure] that each project complies with the goals and polices of the
General Plan...." The proposed grading and retaining walls are consistent
with these purposes because they will allow reasonable use of the property,
will not adversely affect surrounding properties, and will be consistent with
the Residential 1-2 DU/acre land use designation for the area.
iii. Departure from the standards in subsection (E)(9)will not constitute a grant
of special privileges inconsistent with the limitations upon other properties in
the vicinity. The subject property has an average slope of approximately
forty-one percent (41%). The deep excavations and tall rear- and sideyard
retaining walls will allow the house to be set down into the existing slope, but
will not allow for extensive yard areas surrounding the building footprint. This
is consistent with the pattern of development exhibited by the most-recently
approved homes in the immediate neighborhood (30120 Cartier Drive,30130
Cartier Drive and 30156 Cartier Drive), while restricting the depth of cut and
height and/or number of retaining walls would prevent the reasonable use of
the property. In addition, retaining walls that deviate from the standards of
RPVDC Section 17.76.040(E)(9)will only be readily visible from the subject
property, and not from surrounding properties or rights-of-way.
iv. Departure from the standards of subsection (E)(9)will not be detrimental to
the public safety nor to other property. The City's geotechnical consultant
has granted conceptual approval of the project, and additional review and
analysis will be required before the soil engineering report for the grading,
retaining walls and structure is granted final approval for construction. The
applicant will also be required to obtain a building permit for the project,
including the review of site drainage.
V. Public notification of all adjacent property owners is required for Planning
Commission-level approval of a major grading application whenever it is
necessary to make the exception findings under RPVDC Section
17.76.040(E)(10). Therefore, public notification of the approval of this
application will be provided to the applicant, the owners of five (5) adjacent
properties and other interested parties.
Section 2: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.76.040(H) 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 fifteen (15) days following
February 8, 2011, the date of the Planning Commission's final action.
Section 3: 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 conditionally approves a Grading
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Permit (Planning Case No. ZON2010-00413) for 3,640 cubic yards of grading for the
construction of a new 4,477-square-foot 2-story single-family residence, located at 30148
Cartier Drive, subject to the conditions of approval in the attached Exhibit 'A'.
PASSED, APPROVED, AND ADOPTED this 8 th day of February 2011, by the
following vote:
AYES: Commissioners Emenhiser, Knight, Leon and Lewis, Chairman
Tomblin
NOES: none
ABSTENTIONS: none
ABSENT: Commissioner Gerstner and Vice Chairman Tetreault
RECUSALS: none
David L. Tomblin
Chairman
JoelUtato
, AICP
Comy Deve op ent Director; and,
Secr the Panning Commission
P.C. Resolution No. 2011- 07
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EXHIBIT W
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2010-00413
(Chan, 30148 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 date of this approval shall render this approval null and void.
2. 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.
3. This approval is for 3,640 cubic yards of grading forthe construction of a new 4,477-
square-foot 2-story single-family residence. 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
to the Grading Permit by the Planning Commission and shall require new and
separate environmental review.
4. All project development on the site shall conform to the specific standards contained
in these conditions of approval or, if not addressed herein, in the RS-2 district
development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6.. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, 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 Department and approved by the Director. Otherwise, a Grading
Permit revision must be approved prior to further development.
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7. 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.
8. 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.
9. 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.
10. 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 and other construction vehicles 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
above.
11. The approved project shall maintain a maximum of 40% lot coverage (35.5%
proposed). Maximum hardscape coverage within the 20-foot front-yard setback
area shall not exceed 50%.
12. 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.
13. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code, and shall not exceed
2,000 W incandescent(or equivalent). No single lighting fixture may exceed 150 W
incandescent (or equivalent).
1.4. The applicant shall obtain an encroachment permit from the Director of Public
Works for the proposed curb cut and any other temporary or permanent
improvements within the public right-of-way of Cartier Drive.
15. Prior to building permit final, the applicant shall submit a site landscape plan,
including the parkway of Cartier Drive, for the review and approval of the
Community Development Director. The landscape plan shall incorporate drought-
tolerant plant species and low water use irrigation systems. All new trees and
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shrubs shall be maintained so as not to significantly impair views from surrounding
properties. The approved site landscaping shall be installed within ninety(90)days
of building permit final.
Grading Permit Conditions:
16. This approval is for a 4,477-square-foot, 2-story single-family residence, consisting
of 1,584 square feet of living area and a 697-square-foot 3-car garage on the first
floor, and 2,196 square feet of living area on the second floor. BUILDING AREA
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to building permit final.
17. The maximum ridgeline of the approved project is 135.82'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
18. The approved residence shall maintain setbacks of 35'front, 51' rear, 16' north side
and 12' south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be
provided by a licensed land surveyor or civil engineer prior to foundation forms
inspection.
19. The permitted grading quantities forthe house,driveway and retaining walls shall be
as follows:
Area Cut Fill Total Earth Movement Net Earth Movement
House 1,422 CY 0 CY 1,422 CY <1,422 CY>
Footprint
Outside 2,117 CY 101 CY 2,218 CY <2,016 CY>
Footprint
Total 3,539 CY 1 101 CY 3,640 CY <3,438 CY>
The maximum depth of cut shall be 27 feet and the maximum depth of fill shall be 3
feet. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED.
20. The applicant shall furnish the City with copies of landfill receipts for the approved
export of 3,438 cubic yards of material prior to Building Permit final.
21. The maximum height of the downslope retaining wall along the front property line
shall not exceed 3'/2 feet in height. The maximum height of the upslope retaining
wall adjacent to the driveway shall not exceed 5 feet in height. The maximum
height of the retaining wall in the northerly side yard shall vary to a maximum of 11
feet in height. The maximum height of the retaining wall in the southerly side yard
shall vary to a maximum of 8'/2 feet in height. The maximum heights of the two
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upslope retaining walls in the rear yard shall be 5 feet and 10 feet, with a minimum
horizontal separation of 3 feet to be provided between the walls.
22. Maximum new slopes shall not exceed 67% adjacent to the driveway and
motorcourt, and 50% elsewhere on the property.
23. Maximum driveway slopes shall not exceed 20 percent.
24. The applicant shall prepare a haul route plan for trucks hauling spoils from the
project site to where this material will be disposed. The plan shall be approved by
the Director of Public Works before the City issues the project a grading permit.
Haul routes used to transport soil exported from the project site shall minimize
exposure of sensitive receptors to potential adverse noise levels from hauling
operations.
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