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PC RES 1997-059A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECONSIDERING AND APPROVING GRADING PERMIT NO. 1933 FOR NINE HUNDRED FORTY-ONE CUBIC YARDS (941 YD 3) OF GRADING FOR A NEW, 6,013 -SQUARE -FOOT, 2 -STORY SINGLE-FAMILY RESIDENCE ON A VACANT LOT IN THE EL PRADO ESTATES COMMUNITY WITH AN AVERAGE SLOPE IN EXCESS OF THIRTY-FIVE PERCENT (35%), LOCATED AT 30764 TARAPACA ROAD WHEREAS, on March 25, 1997, the applicant, Jeff Richards, submitted an application for Grading Permit No 1933 to allow the grading of an existing downslope lot in the EI Prado Estates community for the construction of a new, single-family residence; and, WHEREAS, on May 22, 1997, the application for Grading Permit No 1933 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 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 1933 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303(a)), and, WHEREAS, pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a public hearing on July 8 and August 14, 1997, at which time all interested parties were given an opportunity to be heard and present evidence, and, WHEREAS, on August 14, 1997, the Planning Commission reviewed and conditionally approved the application for Grading Permit No 1933, via Minute Order; and, WHEREAS, on August 26, 1997, less than fifteen (15) days following the Planning Commission's decision, Councilman Lee Byrd and Councilwoman Marilyn Lyon requested that the City Council consider reviewing the Planning Commission's action on Grading Permit No 1933, and, WHEREAS, on September 2 and September 16, 1997, the City Council considered the Planning Commission's approval of Grading Permit No 1933 and remanded the application back to the Planning Commission for further consideration, and, WHEREAS, pursuant to the requirements of the Rancho Palos Verdes Development Code and consistent with the direction of the City Council, the Planning Commission held a public hearing to reconsider its prior approval of Grading Permit No. 1933 on September 23 and October 28, 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 grading is not excessive beyond that necessary for the permitted primary use of the lot because all of the proposed grading is either directly beneath the residence or for retaining walls above and below the residence which will help support it; and nearly ninety-five percent (95%) of the 3 01 -acre site will be left undisturbed by the proposed project Section 2: The grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites because the ridgelines of the proposed residence are at or below the maximum height permitted by right for a downslope lot, and any views from adjacent sites which are affected by the proposed residence are not protected views as defined in the Rancho Palos Verdes Development Code, and the applicant has taken steps to further reduce ridge heights to reduce the impacts of the project upon these non -protected views from adjacent sites Section 3: The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural because, aside from the grading in and immediately around the footprint of the proposed residence, most of the site will remain undisturbed, no new slopes in excess of thirty-five percent (35%) will be created, and the downslope retaining wall below the house will be camouflaged to blend in with existing soil and vegetation Section 4: Grading on slopes equal to or exceeding thirty-five percent (35%) will not pose a threat to the public health, safety and welfare because, although the average slope of the lot is forty-four percent (44010), the slope in the area in and immediately around the footprint of the proposed residence is generally less than thirty-five percent (35010), the proposed project has been reviewed and conceptually approved by the City's geotechnical consultant, and additional design features and conditions of approval have been applied to the project based upon input from the Public Works Department and Dr. Perry Ehlig Section 5: The boundary between the RS -2 zoning district and the OH zoning district on the property is determined to be identical to the boundary between the RECOMMENDED BUILDABLE AREA and the GEOLOGICAL PRECAUTIONARY SETBACK AREA, as depicted in the approved geotechnical report entitled "Addendum, Report of Soil P C. Resolution No 97-59 Page 2 of 9 Engineering Investigation, Proposed Residential Development, Lot 8, Tract 20856, 30764 Tarapaca Road, Rancho Palos Verdes, California," prepared for Jeff Richards by SWN Soiltech Consultants, Inc on December 27, 1996 Section 6: 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 October 28, 1997, the date of the Planning Commission's final action Section 7: 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 reconsiders and approves Grading Permit No 1933, thereby approving nine hundred forty-one cubic yards (941 yd 3) of grading for a new, 6,013 -square -foot, 2 -story single-family residence on a vacant lot in the EI Prado Estates community with an average slope in excess of thirty-five percent (35%), located at 30764 Tarapaca Road, 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 97-59 Page 3 of 9 PASSED, APPROVED, AND ADOPTED this 28th day of October 1997, by the following vote. AYES Chairman Vannorsdall, Vice Chairman Whiteneck, Commissioners Cartwright, Clark, Ng and Slayden NOES Commissioner Al beri o ABSTENTIONS None ABSENT None Carolynn Petru, AICP Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission Donald E. Vannorsdall Chairman PC Resolution No 97-rIq Page 4 of 9 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR GRADING PERMIT NO. 1933 (30764 Tarapaca Road) Within thirty (30) days following adoption of this Resolution, 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 shall render this approval null and void 2 This approval is to allow nine hundred forty-one cubic yards (941 yd 3) of grading for a new, 6,013 -square -foot, 2 -story single-family residence on a vacant lot in the El Prado Estates community with an average slope in excess of thirty-five percent (35%), located at 30764 Tarapaca Road Any change shall require approval of a revision to Grading Permit No 1933 by the Planning Commission and shall require a new and separate environmental review 3. 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 and OH district development standards of the City's Municipal Code 4. 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 5. If the protect has not been established (i e, grading and/or building permits obtained) within one hundred eighty (180) days of the effective date of this Resolution, or if construction has not been commenced within one hundred eighty (180) days of the issuance of grading and/or 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 Department of Planning, Building and Code Enforcement and approved by the Planning Commission. Otherwise, a grading permit revision must be approved prior to further development 6. 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 7 Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans submitted to the City on July P C. Resolution No 97-59 Page 5 of 9 22, 1997, entitled "Proposed Single -Family Residence and Garage, Jeff Richards," prepared by John Vilicich and dated July 21, 1997. 8 The structure shall comply with the following setbacks as indicated on the grading plan (minimum setbacks shown in parentheses): Front 20'0" (20'0" minimum) Sides 10'0" (60" minimum each side) Rear. OH district boundary, as determined by the Planning Commission pursuant to Finding No 5 of this Resolution The applicant shall provide certification of these setbacks at the time of foundation form inspection by the Building and Safety Division. 9. A total of nine hundred forty-one cubic yards (941 yds) of grading is allowed under this permit, consisting of five hundred fifty-eight cubic yards (558 yds) of cut and three hundred eighty-three cubic yards (383 yds) of fill The maximum depth of cut shall be five feet (60") and the maximum height of fill shall be six feet (60") 10. The maximum budding height, including roofing materials, shall be measured from the following elevations, as indicated on the grading plan- Upslope 757 6' Downslope 742 5' Maximum Upper Ridge Height 772.5' Maximum Intermediate Ridge Height: 769.5' Maximum Lower Ridge Height 769 0' Ridge height certification shall be required prior to building permit final inspection 11 The project shall maintain a ninety-five percent (95%) open space coverage The minimum allowable open space coverage is sixty percent (60%) 12. The upslope retaining wall shall not exceed a height of five feet (60") adjacent to the driveway or motorcourt, unless located in the 20 -foot front -yard setback area, where it shall not exceed a height of more than three feet six inches (3'6"). There shall not be more than one upslope retaining wall 13 The downslope retaining wall shall not exceed a height of three feet (30") There shall not be more than one downslope retaining wall The color of the downslope retaining wall shall blend with the existing soil and vegetation on the site, subject to the review and approval of the Director of Planning, Building and Code P C Resolution No 97-59 Page 6 of 9 91 0 Enforcement The downslope retaining wall and fill between this wall and the residence shall not be removed or altered without first obtaining approval from the City's geotechnical consultant. 14. The driveway shall maintain a slope of twelve percent (12%) The maximum allowable driveway slope is twenty percent (20%) 15 No new slopes exceeding fifty percent (50%) may be created, except adjacent to the driveway or motorcourt, where slopes up to sixty-seven percent (67%) may be created 16 Prior to the issuance of grading and/or building permits by the Building and Safety Division, the applicant shall obtain final approval of the proposed structure, grading, soldier piles and retaining walls by the City's geotechnical consultant 17 Surface runoff crossing the property from off-site and from the roof of the structure and all paved and/or covered areas shall be collected and conveyed directly into an approved drainage structure to the natural drainage course on City property below and adjacent to the project site, to be installed at the expense of the applicant. The design of the collection and drainage facilities shall be subject to the review and approval of the Building Official and the Director of Public Works prior to the issuance of grading and/or building permits Approval by the Director of Public Works shall also include the execution between the applicant and the City of either a license agreement or easement to permit drainage from this private drainage structure to cross City property to reach the natural drainage course. Maintenance and liability for the private drainage structure shall be the responsibility of the landowner/applicant and any successors -in -interest in the subject property 18 Prior to the issuance of building permits by the Building and Safety Division, the applicant shall submit a landscape and irrigation plan for the review and approval of the Director of Planning, Building and Code Enforcement Said landscape and irrigation plan shall incorporate water -conserving features and shall utilize drought - tolerant and native plant species Prior to building permit final, the applicant shall provide certification by a State -licensed landscape architect that the landscaping and irrigation system have been installed in compliance with the approved plans 19 The installation of a swimming pool or spa is not included as a part of this approval and will not be permitted on the site P C. Resolution No 97-59 Page 7 of 9 20. Prior to grading permit issuance by the Building and Safety Division, a plan for haul routes and staging of trucks and vehicles must be submitted to and approved by the Director of Public Works 21 The hours of grading and construction shall be limited to 7.00 AM to 7 00 PM, Monday through Saturday No grading or construction shall be permitted on Sundays or on legal holidays 22. All grading activity, including compaction, shall be conducted in accordance with the applicable requirements established by the City of Rancho Palos Verdes Building and Safety Division 23. 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 not be limited to* the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliance or other household fixtures 24 Prior to grading and/or building permit issuance by the Building and Safety Division, the applicant shall provide evidence to the satisfaction of both the Director of Public Works and the Director of Planning, Building and Code Enforcement that the existing sewer line and easement have been relocated and re -aligned so as not to conflict with any portion of the main structure or any retaining walls 25 Prior to building permit issuance by the Building and Safety Division, the applicant obtain approval and/or clearance from Southern California Edison (SCE) for construction in proximity to the overhead power lines along the southeasterly property line of the site 26 Prior to building permit issuance by the Building and Safety Division, the applicant shall submit a "hold harmless" agreement satisfactory to the City Attorney, promising to defend, indemnify, and hold the City harmless from any claims or damages resulting from the requested project 27 Prior to building permit issuance by the Building and Safety Division, the applicant shall submit and execute a covenant satisfactory to the City Attorney, stating that the applicant/landowner and any successors -in -interest of the property shall assume responsibility for the maintenance of the private drainage facilities to be installed on the property pursuant to Condition No 17 of this Resolution, and all drought -tolerant landscaping on the property to be installed pursuant to Condition No. 18 of this Resolution Said covenant shall be recorded to the title of the property and shall run with the land ResolutionPage -S- : of 9 28 Prior to building permit issuance by the Building and Safety Division, the applicant shall obtain approval of the proposed project from the Los Angeles County Fire Department, including verification of adequate fire flow availability In the event that the project does not meet the minimum fire flow availability standards, the applicant may be required to extend and/or upgrade the fire hydrant and water line to meet the minimum flow and distance requirements and/or install a residential fire sprinkler system in the structure, to be determined by the Fire Department. 29 The applicant shall install a Class A fire -retardant roof on the structure 30 There is no existing foliage on the subject property that impairs views from any nearby residences Therefore, none of the vegetation on the subject lot needs to be trimmed or removed prior to Building permit issuance However, this determination does not preclude or prevent a property owner from filing for a view restoration permit against the subject property at a future date M:\USERSUtITF\W PWIN60\PROJECTS\GR1933\GR1933.RES P C Resolution No 97-59 Page 9of9