PC RES 1997-053P.C. RESOLUTION NO. 97-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING GRADING
PERMIT NO. 1957, THEREBY APPROVING 81 CUBIC
YARDS OF EARTH MOVEMENT AND CONSTRUCTION OF
RETAINING WALLS TO TERRACE AND LANDSCAPE THE
REAR AND STREET -SIDE DOWNSLOPING YARD AREAS,
LOCATED AT 4835 FALCON ROCK PLACE
WHEREAS, on September 4, 1997, the applicant, Hugh & Doris Edey, submitted
an application for Grading Permit No 1957 to allow 81 cubic yards of earth movement
and construction of retaining walls to terrace and landscape the rear and street -side
downsloping yard areas, located at 4835 Falcon Rock Place, 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 Grading Permit No 1957
would have a significant effect on the environment and, therefore, the proposed project
has been found to be categorically exempt (Class 1, Section 15301(e)(1)), 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 September 23, 1997, 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 activity to construct terraced retaining walls
on the slope and install landscaping does not exceed that which is necessary for the
permitted use of the lot because landscaping is an allowed use on a residential lot and
the amount and location of the grading is reasonable as an erosion control device and
necessary to establish landscaping in the street -side and rear yard areas of the
property.
Section 2: The proposed grading activity and/or related construction does not
significantly affect the visual relationships with, nor the view from, neighboring
properties because the highest portion of the upper most wall will not exceed 30" The
project shall not create a negative visual impact to the surrounding properties, but will
enhance the streetscape and neighborhood aesthetics
Section 3: The grading activity 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 retaining
walls will create terraced steps in the slope and each of the retaining walls will be
required to install adequate landscaping to screen the facade of the face of wall, under
an approved Landscape Plan
Section 4: The grading activity will not cause excessive and unnecessary
disturbance of the natural landscape or wildlife habitat through removal of vegetation
because the lot is developed with the existing residence and no natural vegetation or
wildlife habitat exists on the lot or in the surrounding neighborhood
Section 5: .The grading activity will conform to the applicable grading
standards for the maximum depth of cut or fill because the proposed height of cut and
fill is only 1'0" above the maximum allowed (5'0") and the intent of the project is to
prevent erosion and create adequate and maintainable landscaping
Section 6: However, the grading activity will not maintain the applicable grading
standards for grading on slopes over 50% and construction of more than one
downsloping retaining wall, therefore, the project is subject to additional subsection
findings to allow the standards to be exceeded.
a That the criteria in Section 17 46 040.E, applicable to the project, have
been satisfied because all the criteria for the proposed grading activity
has been satisfied, except for the criteria limiting the number of allowable
downsloping retaining walls to one and grading on slopes exceeding
50% Staff believes justification can be found to allow three retaining
walls and grading activity on 69% slope based on the intent of the project
to prevent further erosion of the slope and create a usable area that can
adequately support and maintain landscaping
b That approval of the grading application is consistent with Section
17.76.040.A, the purpose and intent to allow for grading activity because
the purpose and intent for grading activity and will result in a landscaped,
terraced slope that prevents erosion and earth movement
c That approval of the grading application will not constitute a granting of
special privilege inconsistent with the limitations upon other properties in
the vicinity because the subject property has physical constraints, unique
from the surrounding neighborhood The subject property is the only
double corner lot, with the physical constraints of two sloping yard areas,
unlike any other property and is therefore, subject to the structure height
P C Resolution No 97-53
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restrictions within the intersection visibility triangle and the height
restrictions within a street -side setback area Therefore, the proposed
grading activity is not a granting of special privilege considering the
unique physical situation of the subject property
d That approval of the grading application will not be detrimental to the
public safety nor to other property because the City's Traffic Consultant
has reviewed the protect and determined, with recommended conditions,
that the project will be an improvement to current traffic visibility at the
intersection and the terraced retaining walls and landscaping will improve
the aesthetic appearance of the property and the enure neighborhood.
Section 7: 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
September 23, 1997, the date of the Planning Commission's final action.
Section 8: 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 Grading Permit No.
1957, thereby approving 81 cubic yards of earth movement and construction of
Retaining walls to terrace and landscape the rear and street -side downsloping yard
areas, located at 4835 Falcon Rock Place, 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
P C Resolution No 97-53
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PASSED, APPROVED, AND ADOPTED this 23 rd day of September 1997, by the
following vote
AYES Alberio, Cartwright, Clark, Ng, Slayden, Whiteneck, Vannorsdall
ABSTENTIONS
M
Carolynn Pe u, AICD
Director of Planning, Budding and
Code Enforcement, and, Secretary
to the Planning Commission
Donald E Vannorsdall
Chairman
P C Resolution No 97- 53
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EXHIBIT'A'
CONDITIONS OF APPROVAL
FOR GRADING PERMIT NO. 1957
(4835 FALCON ROCK PLACE)
Within ninety (90) days following approval of Grading Permit No 1957, the
applicant/property owner shall submit to the City a statement, in writing, that they
have read, understand and agree to all conditions of approval listed below Failure
to provide said written statement shall render this approval null and void
2 This approval is for to allow 81 cubic yards of earth movement and construction of
retaining walls to terrace and landscape the rear and street -side downsloping yard
areas, located at 4835 Falcon Rock Place
3 Within the intersection visibility triangle at the corner of Blackhorse Road and
Diamond Head Lane, the combined height of the retaining wall and landscaping
shall not exceed 36", measured from the back of sidewalk 5'0" into the interior of the
subject property Within the intersection visibility triangle at Diamond Head Lane
and Falcon Rock Place, the combined height of the retaining wall and landscaping
shall not exceed 36", measured from the back of sidewalk 30" into the interior of the
subject property
4. The maximum height of the retaining walls outside the intersection visibility triangle
along Blackhorse Road shall not exceed 7'6" in retention, and 8'0" total wall height
The design and location of said walls shall comply with the plans prepared by Greer
& Associates, titled Addition and Alterations to residence of Hugh and Doris Edey,
submitted to the City on September 12, 1997
5 The maximum height of the retaining walls outside the intersection visibility triangle,
but still within the street -side setback area along Diamond Head Lane, shall not
exceed 3'6" in total height (retention and free-standing) The design and location
of said walls shall comply with the plans prepared by Greer & Associates, titled
Addition and Alterations to residence of Hugh and Doris Edey, submitted to the City
on September 12, 1997.
6 No additional grading activity, except for the foundation of the new square footage
of the residence, is approved under this permit
P C Resolution No 97-53
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7 A Landscape Plan incorporating the height restrictions for vegetation as defined in
the Resolution and Staff Report shall indicting the type and location of all
vegetation to be installed on the subject property and within the created planter
boxes of the terraced retaining walls shall be provided to the Planning Division for
review and approval prior to issuance of a building permit.
8 In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply
9 Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans prepared by Greer &
Associates, titled Addition and Alterations to residence of Hugh and Doris Edey,
submitted to the City on September 12, 1997
10 The hours of construction shall be limited to 7 00 AM to 7 00 PM, Monday through
Saturday No construction shall be permitted on Sundays or on legal holidays
11 The construction site 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
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P C Resolution No 97-53
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