PC RES 1997-079P.C. RESOLUTION NO. 97-79
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING GRADING
PERMIT NO. 1969, THEREBY APPROVING 42 CUBIC
YARDS OF EARTH MOVEMENT FOR 1) A 5'0" CUT INTO A
67% SLOPE FOR A CORNER OF THE NEW GARAGE AND
2) A 5'0" UPSLOPE RETAINING WALL ON A 52% SLOPE
TO CREATE THE TURN -AROUND AREA FOR
AUTOMOBILE ACCESS ADJACENT TO THE NEW
GARAGE, LOCATED AT 3423 NEWRIDGE DRIVE
WHEREAS, on July 24, 1997, the landowner, Alan and Maria McQueen, submitted
an application for Grading Permit No 1969 to allow 42 cubic yards of earth movement for
1) a 60" cut into a 67% slope for a corner of the new garage and 2) a 60" upslope
retaining wall on a 52% slope to create the turn -around area for automobile access
adjacent to the new garage, located at 3423 Newridge Drive This application is part of a
proposed project that includes planning applications for Variance No. 429, Extreme Slope
Permit No 43 and Site Plan Review No 8063, and,
WHEREAS, Staff deemed the application incomplete on August 14, 1997 The
applicant submitted revised plans along with the application for Variance No 429 on
November 6, 1997 All applications for the project were deemed complete on November
19, 1997.
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. 1969 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 December 9, 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 a portion of the new garage
into a 67% slope and to create a turn -around area adjacent to the new garage into a 52%
slope will not exceed that which is necessary for the permitted use of the lot since the
primary use of the lot is the existing single family residence The grading activity is
reasonable in scope (amount of cubic yardage and depth of cut) and location to establish
a new garage for the residential use of the subject property on a lot substantially
constrained by the existing topography
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 viewing areas of the surrounding properties have been analyzed and found
not to be impaired by the proposed project. The viewing area of the residence at 3427
Newridge Drive is from the rear of the residence to the southeast and south, not northwest,
in the direction of the proposed new garage The residence directly west of the subject
property, 3417 Newridge Drive, has a view south and southeast, and the new garage is
located to the extreme northeast, therefore, the proposed project will not create a
significant impact to that view Lastly, the vacant lot north of the subject property, located
across the Newridge Drive is currently proposed for a new single family residence The
best and most important viewing area would be directly east towards San Pedro Harbor
and not south, in the direction of the subject property Therefore, the proposed grading
activity and constructed turn -around area and new garage will not significantly affect the
visual relationship or views from the adjacent, neighboring properties directly to the west
and east of the subject property
Section 3: The grading activity takes into account the preservation of natural
topographic features and appearances because the Variance for the reduced 23'0"
diameter, turn -around area, will limit the amount of the grading activity on the extreme
slope and the height of the retaining wall Further, the cut in the slope for the north -side
of the new garage is minimal in earth movement and an integral part of the garage
structure. Therefore, the proposed grading activity is minimal to allow construction of the
northeast corner of the new garage and create the adjacent turn -around area.
Section 4: The grading activity will conform to the applicable grading standards
for the maximum depth of cut and height of a downslope retaining wall because the
proposed depth of cut is 4'6" and the proposed height of the retaining wall is 5'0"
Section 5: However, the grading activity will not maintain the applicable grading
standards for grading on slopes over 50%, 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 grading on slopes exceeding 50% Staff believes
justification can be found to allow this criteria to be exceeded, based on the
P.C. Resolution No. 97-79
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small amount of earth movement, 42 cubic yards, and the small area in
which the northeast comer of the new garage, 22 square feet, will encroach
into the 67% slope
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
grading activity is reasonable to allow the existing residence to be expanded,
since the buildable area of the lot is severely limited by the substantial
slopes along the front, side (east) and rear portions of the lot Therefore,
Staff determined that the proposed protect is consistent with the purpose and
intent for grading activity
C. That approval of the grading application will not constitute a granting of
special pnvilege inconsistent with the limitations upon other properties in the
vicinity because the subject property has physical constraints of topography
that limit the available area on the building pad to expand the existing
residence The applicant's request to encroach into the 67% slope is only for
a small portion (22 square feet) of the total garage footprint (501 square feet)
Further, the amount of the open space on the lot after the proposed protect
will substantially exceed the minimum required 55% of open space, at 73%
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 since the existing building pad of the property is
located substantially downslope from Newridge Drive, the grading activity
will not be visible to the surrounding neighborhood The grading activity is
limited in the amount of earth movement (42 cubic yards) and depth of cut
(4'6") to not significantly impact or result in slope instability of the 52% and
67% slopes Further, the subject property has an existing and proposed
drainage devices to adequately direct the property run-off to an appropriate
drainage system. Therefore, the grading activity will not be detrimental to
public safety nor to other property
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
December 9, 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
P.C. Resolution No. 97-79
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to create the turn -around area for automobile access adjacent to the new garage, located
at 3423 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 9th day of December 1997, by the
following vote
AYES ALBERIO, VANNORSDALL, CLARK, NG AND SL'AYDEN
NOES CARTWRIGHT
ABSTENTIONS
ABSENT WHITENECK
Carolynn Pet , AICP
Director of Planning, Building and
Code Enforcement; and, Secretary
to the Planning Commission
Donald E Vannorsdall
Chairman
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
FOR GRADING PERMIT NO. 1969
3423 NEWRIDGE DRIVE
Within ninety (90) days following approval of Grading Permit No 1969, 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 The approval shall be null and void after 180 days from the date of the approval
unless the approved plans are submitted to building and safety to initiate the "plan
check" review process, pursuant to Section 17 86 070 of the City's Development
Code. This approval shall also become null and void if after initiating the "plan
check" review process or receiving a building permit to begin construction, said
permit or "plan check" is allowed to expire or is withdrawn by the applicant
3 This approval is for to allow 42 cubic yards of earth movement for 1) a 60" cut into
a 67% slope for a comer of the new garage and 2) a 60" upslope retaining wall on
a 52% slope to create the tum -around area for automobile access adjacent to the
new garage, located at 3423 Newridge Drive.
4. The depth of cut for the turn -around area retaining wall and the 22 square foot
portion of the new garage (northeast corner) shall not exceed 4"6" and the total
amount of earth movement shall not exceed 42 cubic yards.
5 The maximum height of the retaining wall for the "hammer -head" portion of the new
turn -around area adjacent to the new garage shall not exceed 60", as measured
from the pavement of the new turn -around area (downslope side)
6. No additional grading activity, except for the foundation of the cantilevered rear
deck, is approved under this permit
7 In the event that a Planning requirement and Building & Safety requirement are in
conflict with one another, the stricter standard shall apply.
8 All conditions of Variance No. 429 shall apply to the approval of this project
9 Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the revised plans prepared by Robert
K. Laird, Architecture One, titled Garage and Master Bedroom Addition for Alan and
Maria McQueen, submitted to the City on December 4, 1997
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10 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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