PC RES 1997-073P.C. RESOLUTION NO. 97-73
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE
APPLICANT'S APPEAL, THEREBY UPHOLDING THE
DIRECTOR'S DECISION AND DENYING GRADING PERMIT
NO. 1955 FOR NINE HUNDRED TWELVE CUBIC YARDS
(912 YD 3) OF GRADING FOR A NEW, 6,253 -SQUARE -
FOOT, 2 -STORY SINGLE-FAMILY RESIDENCE ON A
VACANT LOT IN THE ISLAND VIEW COMMUNITY,
LOCATED AT 38 SANTA CATALINA DRIVE.
WHEREAS, on June 23, 1997, the applicant/appellant, Atil Nath, submitted an
application for Grading Permit No 1955 to allow the grading of an existing pad lot in The
Island View community for the construction of a new, single-family residence, and,
WHEREAS, on August 11, 1997, the application for Grading Permit No 1955 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 1955 would have a significant
effect on the environment and, therefore, the proposed project has been found to be
statutonally exempt (Section 15270), and,
WHEREAS, on September 29, 1997, the Director of Planning, Building and Code
Enforcement reviewed the application for Grading Permit No 1955 and denied said
application based upon the inability to make all the necessary findings of fact, to wit: 1) the
grading exceeds 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 nature of the grading does
not minimize disturbance to the natural contours; and 3) the grading does not conform with
the minimum standards for finished slope established under Section 17 76 040(E)(8) of the
Development Code, and does not qualify for an exemption from these standards under
Section 17 76 040(E)(9) of the Development Code, and,
WHEREAS, on October 6, 1997, less than fifteen (15) days following the Director's
decision, the applicant filed an appeal to the Planning Commission, requesting that the
Planning Commission overturn the Director's denial of Grading Permit No 1955, 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 November 25, 1997, at which time all interested parties were given an opportunity to
be heard and present evidence
0
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS
Section 1: The grading exceeds that which is necessary for the permitted primary
use of the lot, as defined in Section 17 96 2210 of the Development Code because nearly
three-quarters of the proposed grading is for the lowering of the building pad area outside
the footprint of the proposed structure, the size and scale of the proposed 2 -story structure
exceeds the intended improvement of the site with a 1 -story structure, as reflected by the
18 -foot height limit established for the lot through Conditional Use Permit No 82 for The
Island View community; and, whereas the existing pad is graded to drain to the street, the
proposed lowering of the pad does not provide adequate positive drainage to the street
without the assistance of a sump pump system.
Section 2: The nature of the grading does not minimize disturbance to the natural
contours because it involves lowering most of the pad by approximately two feet (2'0"),
requires the construction of more than two hundred linear feet (200 LF) of low retaining
walls, and alters a portion of the existing, extreme slope area at the rear of the lot
Section 3: The grading does not conform with the minimum standards for finished
slope established under Sections 17.76.040(E)(8) of the Development Code because it
proposes grading in an extreme slope area, and does not qualify for an exemption from
these standards under Section 17 76 040(E)(9) of the Development Code because all the
necessary, additional findings for approval of an exception cannot be made
Section 4: 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
Section 5: 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 applicant's appeal,
thereby upholding the Director's decision and denying Grading Permit No. 1955 for nine
hundred twelve cubic yards (912 yd') of grading for a new, 6,253 -square -foot, 2 -story
single-family residence on a vacant lot in The Island View community, located at 38 Santa
Catalina Drive
P C Resolution No 97-73
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PASSED, APPROVED, AND ADOPTED this 25th day of November 1997, by the following
vote
AYES Chairman Vannorsdall, Vice Chairman Whiteneck, Commissioners
Alberio, Cartwright and Clark
NOES, none
ABSTENTIONS none
ABSENT Commissioners Ng and Slayden
Carolynn P tru, AICP
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
M:\USERS\KITF\WPW IN60\PROJECTS\GR1955\GR1955.RES
Donald E. Va norsdall
Chairman
P C Resolution No 97-Z,
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