PC RES 2004-004P.C. RESOLUTION NO. 2004-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A GRADING PERMIT (CASE NO. ZON2003-
00239), FOR PROPERTY LOCATED AT 30120 CARTIER DRIVE.
WHEREAS, on May 14, 2003, the applicant submitted an application for a
Grading Permit requesting to construct a 5,653 square foot residence and to conduct
2,372 cubic yards of grading. Subsequently, the applicant revised the request to reduce
the proposed residence to 5,192 square feet and the grading to 1,499 cubic yards; and,
WHEREAS, on June 11, 2003, staff completed the initial review of the proposed
application, at which time it was deemed incomplete due to missing information on the
protect plans and/or application. This additional information was submitted to the City
on October 2, 2003; and,
WHEREAS, on October 24, 2003, the application for a Grading Permit was
deemed complete by Staff; and,
WHEREAS, the applicant modified the proposal to reduce the size of the
residence to 4,902 square feet and increase the grading to 1,824 cubic yards (1,751
cubic yards of cut and 73 cubic yards of fill) of earth movement; 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 Regulations, 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, would have a
significant effect on the environment and, therefore, the proposed protect has been
found to be categorically exempt under Class 3 (Section 15303), and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held duly noticed public
hearings on December 9, 2003, January 13, 2004, and January 27, 2004, 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: That the approved protect includes the construction of a 4,902
square foot single family residence on a 15,090 square foot unimproved parcel and
1,824 cubic yards of grading
Section 2: The grading does not exceed that which is necessary for the
permitted primary use of the lot, as defined in Chapter 17 96 of the Municipal Code. The
permitted primary use of the property is single-family residential The applicant has
P C Resolution No 2004-04
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limited the grading to under the building footprint and to provide access to and around
the building Furthermore, the applicant has designed the project to reduce the
appearance of retaining wails along the front property line
Section 3: The grading and/or related construction does not significantly
adversely affect the visual relationships with, or the views from, neighboring properties.
After a review of the area, it has been found that the structure does not create view
impairment, as viewed from the viewing area of other properties
Section 4: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural The applicant has minimized
the grading to areas under the building footprint and to provide access to and around
the building The remaining portions of the property will be left in an undisturbed state
while all finished contours will resemble the natural contours of the lot.
Section 5: The grading takes into account the preservation of natural
topographical features and appearances by means of land sculpturing so as to blend
any man-made or manufactured slope into natural topography As noted in the previous
section, the applicant has minimized the grading to areas under the building footprint
and to provide access to and around the building. Furthermore, the manufactured
slopes are proposed to resemble the natural contours of the lot, thus blending in man-
made slopes into the natural topography of the lot
Section 6: The grading and all related construction is compatible with the
character of the immediate neighborhood Based on an analysis of the area, it is found
that the proposed structure is consistent with the character of the immediate
neighborhood with respect to architectural style and materials, bulk and mass, number
of stories, structure size, front, side, and rear yard setbacks, and open space between
structures.
Section 7: The grading will not cause excessive and unnecessary disturbance
of the natural landscape or wildlife habitat through removal of vegetation. The
vegetation that exists in the proposed grading area consists of invasive weeds and
grass, which are not considered part of the natural vegetation of the area and does not
serve as a wildlife habitat.
Section 8: The grading conforms to the standards set forth in Municipal Code
Section 17.76.040(E)(9) for grading on slopes, since none of the slope exceeds a 50%
gradient, and for heights of cut and fill since the maximum depth of cut is 14'-6", which
is necessary because the existing slope of the lot causes the need for the excessive
depth of cut in order to locate the residence on the site However, the proposed
retaining walls exceed the Municipal Code allowances.
Although the proposed retaining walls do not meet all of the criteria required for
approval of a Grading Permit, pursuant to Municipal Code Section No 17 76 040(E)(10)
the deviation in the criteria is warranted and the project is approved because
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a) The first eight criteria of Municipal Code Section No. 17.76.040 have been
satisfied.
b) The approval is consistent with the purpose of Municipal Code Section No
17 76.040, which states, "The purpose of the chapter is to provide reasonable
development of land, ensure the maximum preservation of the scenic character
of the area, ensure that the development of properties occurs in a manner
harmonious to adjoining properties, and that the project complies with the goals
and polices of the General Plan " Due to the topography of the lot, the excessive
heights in the retaining walls are necessary to allow for the construction of the
single-family residence Furthermore, a condition of approval requiring the
applicant to submit landscape plans, to minimize the appearance of all retaining
walls has been incorporated with this resolution
c) Departure of the standards will not constitute a special privilege with the
limitations upon other properties in the vicinity In a review of the area, several
other properties were noted that have retaining walls that exceed the allowable
number and height, thus granting the deviation in retaining wall number and
height will not constitute a special privilege
d) Departure from the standards will not be detrimental to the public safety, nor to
other property Prior to issuance of building permits, the applicant is required to
engineer the retaining wall to meet the requirements of the building code These
requirements are implemented for all retaining walls with a height greater than
three feet Additionally, the applicant has prepared a geology report, which has
been reviewed and approved by the City's Geologist, which states that the
proposed project can be safely constructed As such, deviating from the
standards does not alter the City's review of the structural and geological aspect
of the wall
Section 6: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.76.040(N) and
17 80 070 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
February 11, 2004.
Section 8: For the foregoing reasons and based on the information and
findings included in the Staff Reports, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby approves, with
conditions, the Grading Permit (Case No ZON2003-00239), thereby allowing the
construction of a 4,902 square foot single family residence on a 15,090 square foot
unimproved parcel and 1,824 cubic yards of grading
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PASSED, APPROVED AND ADOPTED this 27th day of January 2004, by the following
vote
AYES: GERSTNER, KARP, KNIGHT, TETREUALT, VAN WAGNER, MUELLER
NOES NONE
ABSTENTIONS: NONE
ABSENT COTE
4raigg - Vueller,
Vice Chairman
of PI nnog, Building and Code Enforcement; and,
ry tothur'Planning Commission
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-04)
Grading Permit (Case No. ZON2003-00239)
The approval of this Grading Permit is to allow 1,824 cubic yards (1,751 cubic
yards of cut and 73 cubic yards of fill) of grading, and the construction of a 4,902
square foot (2,646 square feet on the lower floor, 2,256 square feet on the upper
floor, and a 618 square foot roof deck on the west side of the structure) single
family residence.
Additionally, the Grading Permit allows the construction of 3.5' and 11 5' high
retaining walls to the rear of the residence, one variable height retaining wall on
the north side of the residence with a maximum height of 7', one variable height
retaining wall on the south side of the residence with a maximum height of 14 5',
three retaining walls to the front of the residence with heights of 3', 2', and 9', and
a 5.5' high combination wall in front of the residence.
2 Approval of this Grading Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County,
and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Rancho Palos Verdes Municipal Code shall apply.
3 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 within ninety (90) days of the effective
date of approval shall render this approval null and void.
4. The approval shall become null and void after one (1) year from the date of this
approval unless the approved plans are submitted to the Building and Safety
Division to initiate the "plan check" review process, pursuant to Section
17 86 070 of the City's Development Code. This approval shall become null and
void if, after initiating the "plan check" review process, or receiving a building
permit to begin construction, said "plan check" or permit is allowed to expire or is
withdrawn by the applicant.
5 The Director of Planning, Building and Code Enforcement is authorized to make
minor modifications to the approved preliminary plans or any of the conditions if
such modifications shall achieve substantially the same results as would strict
compliance with said plans and conditions
6. Permitted hours of construction are 7:00 a.m to 7 00 p.m. Monday through
Saturday No work is permitted on Sundays or legal holidays.
7 The project shall substantially conform to the plans stamped by the Planning
Department, and dated the effective date of this approval.
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8. The construction site, adjacent public and private properties 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,
appliances or other household fixtures.
9 In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
10 All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction
11. The proposed structure shall maintain the following minimum setbacks.
20'-0" front (proposed 39'-10")
15'-0" rear (proposed 40'-0")
5' side (proposed. 10'-0" on north, 17'-8'/$" on south)
12. The proposed residence shall not exceed a height of 30', as measured from the
lowest grade adjacent to the foundation/slab (112') to the highest ridgeline of the
residence (142'), and a height of 3 19', as measured from the highest existing
grade covered by structure (138.81') to the ridgeline of the residence
BUILDING HEIGHT CERTIFICATION IS REQUIRED. A LICENSED CIVIL
ENGINEER OR SURVEYOR SHALL PREPARE THE CERTIFICATION.
CERTIFICATION SHALL BE SUBMITTED TO THE CITY'S BUILDING
OFFICIAL FOR REVIEW AND APPROVAL PRIOR TO ROOF
FRAMING/SHEETING INSPECTION.
13. Other than the approved retaining walls, no fence, hedge, or pilaster that
exceeds the height of 42" shall be located in the area between the front property
line and the exterior facade of the existing single-family residence closest to the
front property line.
14. Prior to building permit issuance and/or commencement of grading, whichever
occurs first, the applicant shall obtain approval of a haul route from the Director
of Public Works
15 Prior to building permit issuance and/or commencement of work within the public
right of way, which ever occurs first, the applicant shall obtain an encroachment
permit from the Director of Public Works
16 In order to minimize the heights of the retaining walls, all manufactured slopes
between retaining walls shall be contour graded as a 2 1 slope
17. Prior to the issuance of building permits, the applicant shall submit a
landscape plan for the front yard of the residence to the Director of
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Planning, Building, and Code Enforcement for review and approval. All
landscaping shall be planted prior to the issuance of building permit final,
and shall be maintained at all times. The landscape plan shall include the
following.
a) The use of vines, hedges, and other landscaping to screen all of the retaining
walls. If hedges are utilized, the hedges shall be maintained at a height of no
greater than 42", or the top of the retaining wall, which ever is less.
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