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PC RES 1997-072-1 14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPELLANTS' APPEAL, THEREBY APPROVING GRADING PERMIT NO. 1950 FOR FOUR HUNDRED FORTY CUBIC YARDS (440 YIQ') OF GRADING FOR A NEW, 5,800 - SQUARE -FOOT, 1 -STORY SINGLE-FAMILY RESIDENCE ON A VACANT LOT IN THE CRESTMOUNT COMMUNITY, LOCATED AT 3434 NEWRIDGE DRIVE. WHEREAS, on May 30, 1997, the applicants, Gene and Leonna Price, submitted an application for Grading Permit No. 1950 to allow the grading of an existing pad lot in Crestmount community for the construction of a new, single-family residence; and, WHEREAS, on August 6, 1997, the application for Grading Permit No. 1950 was deemed complete by Staff, and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEW), 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. 1950 would have a significant effect on the environment and, therefore, the proposed protect has been found to be categorically exempt (Class 3, Section 15303(a)); and, WHEREAS, on September 29, 1997, the Director of Planning, Budding and Code Enforcement reviewed and conditionally approved the application for Grading Permit No 1950, based upon the necessary findings of fact, to wit. 1) the grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17 96 2210 of the Development Code; 2) the grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties; 3) the nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural; and 4) the grading conforms with the minimum standards for finished slope, depth of cut and/or fill, retaining wall location and height, and driveway slope established under Section 17 76.040(E)(8) of the Development Code; and, WHEREAS, on October 13, 1997, less than fifteen (15) days following the Director's decision, the appellants, Tom and Francine Accetta, filed an appeal to the Planning Commission, requesting that the Planning Commission overturn the Director's approval of Grading Permit No 1950, 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 f on November 25, 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 does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17 96 2210 of the Development Code, because most of the proposed grading is for excavation under the proposed residence and driveway and patio areas, and there will be minimal disturbance of slope areas or other portions of the lot beyond the existing building pad Section 2: The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the proposed residence is at or below the maximum 16 foot height permitted by right for a pad 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 approval of this proposal is conditioned to use a lower benchmark elevation than proposed by the applicant, thereby reducing some view impacts of the project. Section 3: The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural because, with the exception of a permitted encroachment for the pool equipment, none of the existing extreme slope area along Newridge Drive will be disturbed by this project, the pad area will only be lowered about two feet (2'0") from its existing elevation, and there is no creation of significant new slopes or large retaining walls proposed as a part of the project Section 4: The grading conforms with the minimum standards for finished slope, depth of cut and/or fill, retaining wall location and height, and driveway slope established under Section 17 76 040(E)(8) of the Development Code because no grading is proposed on extreme slope areas nor are new slopes in excess of thirty-five percent (35%) slope proposed, the maximum depth of cut proposed is less than the 5 -foot maximum depth permitted and the maximum height of upslope retaining walls is less than the 8 -foot maximum height permitted, and the maximum driveway slope proposed is less than the maximum 20 -percent slope permitted Section 5: 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 November 25, 1997, the date of the Planning Commission's final action P C. Resolution No 97-72 Page 2 of 6 • Section 6: 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 denies the appellants' appeal, thereby approving Grading Permit No 1950 for four hundred forty cubic yards (440 yd -1) of grading for a new, 5,800 -square -foot, 1 -story single-family residence on a vacant lot in the Crestmount community, located at 3434 Newridge Drive, 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 PASSED, APPROVED, AND ADOPTED this 25th day of November 1997, by the following vote AYES Chairman Vannorsdall, Vice Chairman Whiteneck, Commissioners Alberio, Cartwright, Clark and Slayden NOES none ABSTENTIONS. none ABSENT Commissioner Ng Carolynn Ptitru, AICP Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission Ar' - 'WINN Donald E Vannorsdall Chairman P C Resolution No 97-12 Page 3 of 6 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR GRADING PERMIT NO. 1950 (3434 Newridge Drive) 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 four hundred forty cubic yards (440 yd 3) of grading for a new, 5,800 -square -foot, 1 -story single-family residence on a vacant pad lot in the Crestmount community, located at 3434 Newridge Drive Any change shall require approval of a revision to Grading Permit No. 1950 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 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 project 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 9, 1997, entitled "New Residence for Mr & Mrs Gene and Leonna Price, 3434 P C Resolution No 97-72 Page 4 of 6 0 0 Newndge Drive, Rancho Palos Verdes, CA 90275", prepared by Andrea Wakita of Adyton Design and Construction and labelled "GR 1950 2ND SUB " 8 The structure shall comply with the following setbacks as indicated on the grading plan - Front* 20'0" Sides, 8'0" West and 48'0" East Rear 15'0" 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 four hundred forty cubic yards (440 yd3) of grading is allowed under this permit, consisting entirely of cut and no fill The maximum depth of cut shall be three feet six inches (36"). 10 Notwithstanding the grading plan submitted to the City on July 9, 1997, building height shall be measured from the following elevations Upslope 1186 0' Downslope 1183.0' Maximum Ridge Height 1202 0' RIDGE HEIGHT CRITICAL Ridge height certification shall be required prior to building permit final inspection 11. The protect shall maintain a sixty-two percent (62%) open space coverage 12. Side- and rear -yard retaining walls shall not exceed an individual or combined height of three feet six inches (3'6") There shall not be more than one retaining wall per side- or rear -yard 13 The driveway shall maintain a slope of ten percent (10%) 14 No new slopes exceeding fifty percent (50%) may be created, except adjacent to the driveway, where slopes up to sixty-seven percent (67%) may be created 15 Notwithstanding the grading plan submitted to the City on July 9, 1997. P C. Resolution No 97-72 Page 5 of 6 a The pool, spa and related equipment and enclosure require separate review of a site plan review by the Director of, Planning, Building and Code Enforcement b No walls, fences, gates or other structures in excess of forty-two Inches (42") in height are permitted between the house and the front and street -side property lines. 16 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 17 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 18 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 19. 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. 20 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 21 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 \USERS\KITF\WPWIN60\PROJECTS\GR1950\APPEAL\GR1950 RES P C Resolution No 97-72 Page 6of6