PC RES 2003-032e
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING WITHOUT PREJUDICE THE
APPEAL AND THEREBY UPHOLDING THE DIRECTOR'S DENIAL OF
CASE NO ZON2001-00213, FOR A GRADING PERMIT AND SITE PLAN
REVIEW TO CONDUCT 505 CUBIC YARDS OF GRADING TO
ACCOMMODATE A 2,719 SQUARE FOOT SINGLE-FAMILY RESIDENCE,
A 470 SQUARE FOOT DETACHED GARAGE AND A 319 SQUARE FOOT
DETACHED STORAGE ROOM, FOR PROPERTY LOCATED AT 27001/2
SAN RAMON DRIVE.
WHEREAS, on December 21, 2001, the applicant, John Malony representing
property owner Harold Thompson, submitted a Site Plan Review application (hereinafter
referred to as Case No. ZON2001-00213) for a new residence at 270OY2 San Ramon Drive;
and,
WHEREAS, on January 17, 2002, the application was deemed incomplete pending
the submittal of additional information and a Grading Permit application, and,
WHEREAS, on January 22, 2003, after submittal of the required information, Case
No ZON2001-00213 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 Case No. ZON2001-00213 would have a
significant effect on the environment and, therefore, the proposed project has been found to
be categorically exempt under Class 3 (Section 15303) since the project consists of the
construction of a new single-family residence within an area developed with single-family
residences; and,
WHEREAS, on March 23, 2003, the Director of Planning, Building and Code
Enforcement reviewed Case No ZON2001-00213 and denied said Case, and a Notice of
Decision was prepared and distributed to all interested parties, and,
WHEREAS, on April 7, 2003, within fifteen (15) days following the Director's Notice
of Decision, the appellant, Mr. Harold Thompson, represented by Forrest Ryan Chadwlick,
filed an appeal to the Planning Commission requesting that the Planning Commission
overturn the Director's denial of Case No. ZON2001-00213 based upon the belief that the
Director erred in the decision of denial of the project, and that all the Findings associated
with the applications can be made in a positive manner to warrant approval of the project;
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
June 10, 2003, at which time the Planning Commission continued the item to June 24,
2003; and,
WHEREAS, on June 24, 2003, at the request of the appellants and interested
parties, the Planning Commission continued the item to the July 22, 2003; 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
July 22, 2003, 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. As indicated in the Memorandum to the Director dated March 17, 2003,
incorporated herein by reference, the proposed grading project does not comply with the
requirements set forth in the Development Code for grading applications Although the
amount of grading is not considered to be excessive, the size of the resulting residence
would be compatible with the immediate neighborhood, and the proposed residence would
not create significant view impairment, Staff believes that the remaining findings cannot be
made to warrant approval of the project Specifically, Staff believes that the grading
application would be detrimental to the public safety and to other property; that the project
is not consistent with the purpose and intent for grading activity and will create a significant
visual impact to the surrounding properties, the proposed structure is not designed to blend
with the immediate neighborhood due to the height and appearance of the two-story
structure in an immediate neighborhood that presents an appearance of one-story
structures, and the apparent bulk and mass of the protect as viewed from the Palos Verdes
Drive East switchback and from the residences along the rim of the San Ramon Canyon;
and the resulting grading will appear to bench the hillside, elevate the existing topography
and will not blend into the natural topography of the site
Section 2: The Planning Commission hereby upholds the Director's denial of
Case No ZON2001-00213, and finds as follows
a) The nature of grading does not minimize disturbance to the natural contours
and finished contours are not reasonably natural
b) The grading does not take into account the preservation of natural
topographic features and appearances by means of land sculpturing so as to
blend any man-made or manufactured slope into natural topography
c) For the new single-family residence, the grading and/or related construction
is not compatible with the immediate neighborhood character based upon
architectural styles, including facade treatment, structure height, open space
P C Resolution No 2003-32
Page 2
between structure, roof designs, the apparent bulk and mass of the structure,
number of stories, and building materials.
d) That approval for the grading application is not consistent with Section
17 76.040 A, the purpose and intent to allow for grading activity.
e) That approval of the grading application will be detrimental to the public
safety and to other property.
Section 3: Any interested person may appeal this decision or any portion of this
decision to the City Council Pursuant to Section 17 02 040 C 1 i 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 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 Memorandum to the Director dated March 17, 2003, the Memorandum to
the Planning Commission dated June 10, 2003 and July 22, 2003, Minutes and other
records of proceedings, the Planning Commission of the City of Rancho Palos Verdes
hereby denies without prejudice the appeal, thereby upholding the Director's denial of Case
No ZON2001-00213 for a Grading Permit application.
PASSED, APPROVED, AND ADOPTED this 22nd day of July 2003, by the following vote:
AYES: Cartwright, Cote, Duran Reed, Long, Lyon, Mueller, Tomblin
NOES None
ABSTENTIONS None
ABSENT: None
r
Jo S, AICP
)e Rot
s
Dire tor of Planni g, B ilding and
Code
nfo
rcemen d, Secretary
to the Planning Commission
Thomas Long
Planning Commission
P.C. Resolution No 2003-32
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