PC RES 2001-042P.C. RESOLUTION NO. 2001-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES, APPROVING AN
AMENDMENT TO GRADING PERMIT NO. 1950 -REVISION
'A`, THEREBY AMENDING CONDITION NO. 11 OF P.C.
RESOLUTION NO. 2001-03 FOR A SINGLE-FAMILY
RESIDENCE IN THE CRESTMOUNT COMMUNITY,
LOCATED AT 3434 NEWRIDGE DRIVE
WHEREAS, on February 17, 1998, the City Council approved (on appeal) Grading
Permit No. 1950 for a new, 5,800 -square -foot single-family residence in the Crestmount
community, subject to conditions of approval limiting the total quantity of grading, limiting
the height and number of retaining walls and fences, and requiring separate site plan
review approval for any future swimming pool, and,
WHEREAS, on May 18, 2000, the applicants, Gene and Leonna Price, submitted
applications for Grading Permit No. 1950 -Revision 'A', Minor Exception Permit No 563 and
Site Plan Review No. 8310 to allow four hundred sixty-two cubic yards (462 yd 3) of
additional grading for new and modified retaining walls, 5 -foot -tall fencing and 6 -foot -tall
vehicle gates in the front- and street -side setback areas, and a swimming pool, and,
WHEREAS, on January 26, 2001, the applications for Grading Permit No 1950 -
Revision 'A', Minor Exception Permit No. 563 and Site Plan Review No 8310 were 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 1950 -Revision 'A', Minor
Exception Permit No 563 and Site Plan Review No. 8310 would have a significant effect on
the environment and, therefore, the proposed project has been found to be categorically
exempt (Class 3, Section 15303(x)), and,
WHEREAS, on February 27, 2001, the Planning Commission adopted P.C.
Resolution No. 2001-03, thereby conditionally approving Grading Permit No. 1950 -Revision
'A', Minor Exception Permit No 563 and Site Plan Review No. 8310; and,
WHEREAS, Condition No 11 of P C Resolution No. 2001-03, which was imposed
based upon concerns raised by the neighboring property owners at 3417 Starline Drive,
Tom and Francine Accetta, regarding damage to the swale and fence that had occurred
during construction of the Prices' home, states that "[the Prices] shall be responsible for
repairing any portion of the existing drainage swale and chain-link fence that has been
undermined by the excavation of the upslope retaining wall", and,
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WHEREAS, Condition No 11 of P C Resolution No 2001-03 was also imposed
based upon a survey provided by the Prices, which depicted a significant portion of the
swale and fence on the Prices' property, as well as upon the assumption that the Accettas
would allow the Prices to repair any damaged portion of the swale and fence that were
located on the Accettas' property since Condition No. 11 was imposed based upon the
Accetta's concerns, and,
WHEREAS, the City subsequently learned that the Prices and the Accettas each
obtained restraining orders against one another to prevent access to one another's
properties, and that the Accettas have filed suit against the Prices to assert and establish
rights to the portions of the property containing the Swale and fence that were depicted as a
part of the Prices' property in the above-mentioned survey, and,
WHEREAS, the Prices claim that they are unable to repair any damaged portions of
the swale and fence, as required by Condition No. 11, without violating the restraining
orders or conflicting with the pending litigation; and,
WHEREAS, On August 28, 2001, the City sent a letter to the Accettas asking for
independent confirmation of the Prices' claim that the Accettas would prevent the Prices
from repairing the swale and fence; and on September 5, 2001, the Accettas' attorney
responded to the City's letter and confirmed that the Accettas would not allow the Prices
access to repair the swale and fence, and,
WHEREAS, the Director of Planning, Building and Code Enforcement believes that
adequate evidence exists that the Prices are unable to fulfill the requirements of Condition
No 11 of P C Resolution No 2001-03 due to circumstances beyond their control, and that
Condition No. 11 should be rescinded or amended, 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 13, 2001 to consider the rescission of Condition No. 11, 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 Planning Commission hereby finds that the Prices are unable to
fulfill the requirements imposed by Condition No 11 of P C Resolution No 2001-03 due to
circumstances beyond their control The City was concerned that relieving the Prices of the
obligation to repair the swale might jeopardize the safety of the Prices, the Accettas and the
other "upstream" property owners served by the swale, as well as the City's public rights-of-
way In response, the Prices' engineer has provided a statement attesting to the adequacy
the existing site drainage, including the swale in its current condition, which is a standard
requirement for the development of new homes The City's geotechnical consultant and
P C Resolution No 2001-42
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Building Official have previously inspected the Swale and the adjacent grading, and no
potential adverse impacts to the subject property or neighboring properties were noted
Therefore, the Planning Commission hereby amends Condition No. 11 of P.C. Resolution
No 2001-03 to read as follows
"The applicants shall be responsible for repairing any portion of the existing
drainage swale and chain-link fence that has been undermined by the
excavation of the upslope retaining wall. This condition shall be satisfied as
to the portions of the swale that are located upon both the applicant's
property and the upslope neighbor's property, when the legal impediment that
is preventing the applicants from performing the work on the upslope
neighbors' property is eliminated and the consent of the upslope neighbors to
allow the applicants reasonable access to the upslope property is obtained "
Section 2: The Planning Commission also hereby finds that all other conditions of
approval contained in Exhibit `A' to P C Resolution No. 2001-03 remain valid and in full
force and effect
Section 3: 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 13, 2001, the date of the Planning Commission's final action.
Section 4: 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 an amendment to
Grading Permit No 1950 -Revision 'A`, thereby amending Condition No 11 of PC
Resolution No 2001-03 for a single-family residence in the Cresfmounf community, located
at 3434 Newridge Drive.
P C. Resolution No 2001-42
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PASSED, APPROVED, AND ADOPTED this 13th day of November 2001, by the following
vote:
AYES. Chairman Lyon, Commissioners Cartwright, Long, Mueller,
Paulson and Vannorsdall
NOES none
ABSTENTIONS: none
ABSENT: Vice Chairman Clark
wa, e I MII VIII
I II Y.
Frank Lyon z07
Chairman
Ooel oras, A,,,,6 I
Vireq)or of P 31 nni Building and
Cbcre Enforce t, and, Secretary
to the Planning Commission
M \Projects\ZON2001-00073 (Price, 3434 Newridge Dr)\20011113—Reso—PC doc
P C Resolution No 2001-42
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