PC RES 2004-0504
P.C. RESOLUTION NO. 2004-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING, WITH
CONDITIONS, A REVISION TO GRADING PERMIT NO 2293
(CASE NO. ZON2004-00472), FOR PROPERTY LOCATED AT
2033 SANTA RENA.
WHEREAS, on August 13, 2002, the Planning Commission adopted P C
Resolution No. 2002-19, thereby approving Grading Permit No 2293 and Height
Variation No 940 The approval allows the applicant to construct a 1,276 square foot
addition to an existing 1,776 square foot single-family residence and to conduct 268
cubic yards of grading; and,
WHEREAS, on September 1, 2004, the applicant submitted an application
requesting to revise Grading Permit No 2293 (Case No. ZON2004-00472), a request to
conduct an additional 31 cubic yards of grading and construct a 5' tall retaining wall;
and,
WHEREAS, on September 28, 2004, staff completed the initial review of the
proposed application, at which time it was deemed incomplete due to missing
information on the project plans. This additional information was submitted to the City
on October 12, 2004; and,
WHEREAS, on October 28, 2004, the application for a revision to Grading Permit
No 2293 (Case No. ZON2004-00472) 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 Regulations, Title 14, Section 15000 of seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), Staff found no evidence that the revision to Grading Permit
No. 2293 would have a significant effect on the environment and, therefore, the
proposed project has been found to be categorically exempt under Class 1 (Section
15301); 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 23, 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 revision allows an additional 31 cubic yards (16
cubic yards cut, 15 cubic yards fill) of grading on the western transition slope and the
construction of a 5' tall retaining wall.
P C. Resolution No. 2004-50
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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 proposed grading
is ancillary to this use and is not considered excessive.
Section 3: The proposed grading and/or related construction does not
significantly adversely affect the visual relationships with, nor the views from the viewing
area of neighboring properties. In cases where grading is proposed for a new residence
or an addition to an existing residence, this finding shall be satisfied when the proposed
grading results in a lower finished grade under the building footprint such that the height
of the proposed structure, as measured pursuant to Section 17 02 040(6) of this Title, is
lower than a structure that could have been built in the same location on the lot if
measured from pre -construction (existing) grade The grading and retaining wall do not
block a view. Furthermore, it is found that since the only portions of the wall that are
visible from the right-of-way do not exceed a 3' height, it does not significantly adversely
affect the visual relationships with the surrounding properties.
Section 4: The nature of the grading minimizes disturbances to the natural
contours and finished contours are reasonably natural The applicant request will
restore the natural contours of the slope by removing the existing retaining walls,
constructing a single 5' tall retaining wall, and regrading the slope to be a 3:1 transition
slope.
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 The proposed grading
will reestablish the natural appearance of the transition slope between the properties.
Furthermore, the proposed additional grading is being conducted in such a manner as
to utilize land sculpturing so as to blend the slope into the natural topography of the
area.
Section 6: 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, grass,
and ivy, which are not considered part of the natural vegetation of the area and does not
serve as a wildlife habitat.
Section 7: The grading conforms to the standards set forth in Municipal Code
Section 17 76.040(E)(9) for grading on slopes, finished slope contours, and depth of cut
since the existing slope is less than a 35% gradient, the finished slopes are 3:1, and the
maximum depth of cut is 5'. However, the Municipal Code allows a 3'-6" retaining wall,
whereas the applicant is proposing a 5' tall retaining wall.
Although the grading will result in the retaining wall exceeding the maximum allowable
height, 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 " The portions of the retaining wall that exceed
the 3'-6" height limitation are located to the rear of the property Inasmuch as
this wall is not visible from the street, it is found that it will not have a negative
impact to the scenic character of the area, thus allowing development of the lot in
a manner that is harmonious to adjoining properties
c) Departure of the standards will not constitute a special privilege with the
limitations upon other properties in the vicinity. Approval of the grading will allow
the property owner increase their rear yard area, thereby increasing a substantial
property right shared by other properties in the vicinity
d) Departure from the standards will not be detrimental to the public safety, nor to
other property. Prior to the issuance of budding permits, the applicant will be
required to submit and obtain approval of, a geology report, which demonstrates
to the satisfaction of the City's Geologist, that this project can be constructed
without creating a hazard to public safety Furthermore, the City of Rancho
Palos Verdes requires, prior to issuance of building permits, the retaining walls
be engineered to meet the requirements of the building code. These
requirements are implemented for all retaining walls with a height greater than
three feet.
Section 8: 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(H) 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 December 8,
2004.
Section 9: 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 revision to Grading Permit No. 2293 (Case No ZON2004-00472),
thereby allowing an additional 31 cubic yards (16 cubic yards cut, 15 cubic yards fill) of
grading on the western transition slope and the construction of a 5' tall retaining wall
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PASSED, APPROVED AND ADOPTED this 23 Id day of November 2004, by the
following vote:
AYES: KARP, KNIGHT, PERESTAM, TETREAULT, MUELLER
NOES NONE
ABSTENTIONS: NONE
ABSENT- GERSTNER, COTE
Craig Mueller,
Chairman
J I oras, Al P
rjecr of PI nni g, Building and Code Enforcement; and,
z
S tary to the Planning Commission
P C. Resolution No. 2004- 50
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Exhibit "A"
Conditions of Approval
(Planning Commission Resolution No. 2004-50)
Grading Permit (Case No. ZON2004-00472)
The approval of this revision to Grading Permit No. 2293 (Case No. ZON2004-
00472) allows 31 cubic yards (16 cubic yards cut; 15 cubic yards fill) of grading
on the western transition slope of the property. Additionally, the approval allows
the construction of a 5' tali retaining wall. More specifically, the southern 47' of
the retaining wall, shall have a maximum height of 3'; whereas, the remaining 60'
of the wall shall have a maximum height of 5'.
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 All conditions of approval of P.C. Resolution No. 2002-19 shall be complied with
at all times
4 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
5. 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.
6 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.
7 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.
8. The project shall substantially conform to the plans stamped by the Planning
Department, and dated the effective date of this approval
9 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
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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.
10. In the event that a Planning requirement and a Building & Safety requirement are
in conflict with one another, the stricter standard shall apply.
11. All applicable permits required by the Building and Safety Division shall be
obtained by the applicant prior to the commencement of construction.
12 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.
13. 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.
14. The western transition slope shall be contour graded and shall not exceed a 3:1
slope.
P.C. Resolution No. 2004-50
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