PC RES 2017-040 P.C. RESOLUTION NO. 2017-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES CONDITIONALLY
APPROVING A GRADING PERMIT AND VARIANCE TO ALLOW
THE CONSTRUCTION OF A NEW 14.37' TALL COMBINATION
WALL, SET BACK 1.5' FROM AN EXISTING DETERIORATING
13' TALL COMBINATION WALL ALONG THE REAR YARD
SLOPE WITH 11 SOLDIER PILES AND 125YD3 OF
ASSOCIATED GRADING ON PROPERTY LOCATED AT 3557
STARLI N E DRIVE (ZON2OI 7-001 63).
WHEREAS, on April 28, 2017, the Applicants submitted a Major Grading Permit
application to the Community Development Department(the"application") requesting to construct
a new combination wall to reinforce an existing deteriorating combination wall with associated
grading at the top of the rear yard slope (the "project"); and,
WHEREAS, on May 28, 2017, the application was deemed incomplete after an initial
review. After several resubmittals of revised plans and the submittal of a Variance application to
allow the combination wall to exceed the Code's height requirements, the applications were
deemed complete for processing on October 9, 2017; and,
WHEREAS, on October 19, 2017, a public notice was published in the Palos Verdes Peninsula
News and mailed to all persons owning property within a 500' radius of the site. During the public
comment period, no written or verbal correspondence was submitted; 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), it was
determined that the approval of the requested Grading Permit and Variance Permit applications
will not have a significant effect on the environment and, therefore, the project has been found to
be Categorically Exempt (Section 15303); 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
14, 2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
Section 1: That the Project consists of the following improvements: 1) Construction of
a 14.37' tall combination wall (188' in length) consisting of a 10.87' tall retaining wall topped with
a 3.5' tall guardrail, set back 1.5' from the existing deteriorating combination wall; 2) Grading
consisting of 125yd3 of fill in the 1.5' wide area between the existing and approved walls; and, 3)
Installation of 11 soldier piles and permanent tie-backs to support the existing and approved
combination walls.
Section 2: The Commission finds approval of a Major Grading Permit for the project
is warranted because:
A. The grading does not exceed that which is necessary for the permitted primary use of the
lot because the Project will occur within the rear yard to support an existing distressed
retaining wall. According to the Applicants' geotechnical report, the existing combination
wall is experiencing horizontal, diagonal, and vertical distress and the Applicants'
geotechnical engineer recommends the combination wall be reconstructed or supported
with a new retaining wall. The City Geologist noted reconstructing the wall in the exact
same location will require the majority of the rear yard to be temporarily excavated to
create a level pad for construction. As this will require excessive additional grading and
adverse impacts to the rear yard slope, a new wall, set back 1.5' from the existing
combination wall, which is the minimum distance required to accommodate soldier piles
to support the proposed wall, has been proposed. Applicants propose to import earth
material to fill the area between the existing and proposed walls. Additionally, the guardrail
and portions of the top of the existing wall will be removed so that the entire wall will be
buried below grade.
B. The proposed grading and/or related construction do not significantly adversely affect the
visual relationships with, or the views from the viewing area of neighboring properties as
there will be minimal change to the existing visual relationships with the neighboring
properties as the new wall will be located 1.5'from the existing wall, and will only be 1.37'
taller than the existing wall. Additionally, although the foliage which covers the existing
wall must be removed to accommodate the construction of the new wall, the Applicants
are required to plant several California Honeysuckle (Lonicera Hispidula)vines at the base
of the wall, which will climb up a cable system along the exposed face of the wall to
minimize its visual appearance from downslope properties. As it will take some time for
the plants to grow and screen the wall, the wall is required to be painted an earth tone
color to allow it to blend into the slope. Additionally, the adjacent properties to the north
are located over 200' away from the proposed retaining wall, and the adjacent properties
to the east of the property are located over 60' lower in elevation.
C. The grading minimizes disturbance to the natural contours and finished contours are
reasonably natural as no grading is proposed outside of the fill between the existing and
proposed walls. The new wall is proposed to be set back 1.5' from the existing wall and
there would be minimal disturbance to the existing contours and no changes are proposed
to the remainder of the existing slope.
D. The grading takes 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 the natural topography because the proposed new combination wall would be
set back1.5' away from the existing combination wall. The proposed fill would be used to
bury the existing wall by filling the 1.5' gap between the existing and proposed walls. No
new slopes or additional alteration is proposed outside of this area.
E. The grading will not cause excessive and unnecessary disturbance of the natural
landscape or wildlife habitat through removal of vegetation because there is no natural
landscape or wildlife habitat in the proposed grading area.
F. The grading conforms to grading standards related to the maximum finished slopes, depth
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of excavation, and driveways. The proposed maximum depth of fill, grading on slopes over
50%, and height of retaining walls do not conform to the grading standards. The existing
wall is already over a slope exceeding 50% gradient and exceeds 3.5' in height. As the
proposed wall will be set back 1.5' from the existing wall, it will be placed slightly lower on
the same slope exceeding 50% gradient and will continue to be taller than 3.5' in height.
As the existing and proposed walls measure 13' and 14.37' in height, respectively, the
height of fill between the two walls will also exceed 5' in depth. As the proposed grading
quantity and area is limited to 1.5' wide area beyond the existing wall and the purpose is
to reinforce and provide stability to the residential improvements on the property, the
project would not affect the natural scenic character of the area and would preserve
reasonable economic use of the property. The proposed combination wall and related fill
is requested to remediate a retaining wall experiencing stress that may adversely impact
the property and neighboring properties if not remediated. The project will improve existing
conditions by functioning as a wall that reinforces the existing wall and slope. The
proposed wall would be properly engineered, and the City Geologist and Building & Safety
Division review and approval would be required prior to permit issuance, and a series of
inspections would be required throughout the construction process to ensure compliance
with the City-approved plans.
Section 3: Approval of a Variance Permit is warranted because:
A. There are exceptional or extraordinary circumstances or conditions applicable to the
property involved, or to the intended use of the property, which do not apply generally to
other property in the same zoning district because the Project is intended to support an
existing combination wall that is experiencing distress and may adversely impact the
property and neighboring properties. According to the Applicants' geotechnical engineer,
the existing rear patio and combination wall are now experiencing stress and deteriorating
by pulling away from the structure, which is shown by the cracks that are appearing
between the slab and the residence, and in the side yard property line walls. As the wall
is deteriorating and can no longer adequately support the existing improvements, a new
wall is being proposed to reinforce and stabilize the rear yard patio slab and slope. The
existing combination wall measures 13' in height, which already exceeds the maximum 8'
height limit allowed by the Municipal Code. As a result, the proposed combination wall
would inevitably exceed 8' in height by measuring 14.37' in height (10.87' retaining with a
3.5' guardrail on top).
B. That such variance is necessary for the preservation and enjoyment of a substantial
property right of the Applicants, which right is possessed by other property owners under
like conditions in the same zoning district because the existing combination wall is
experiencing stress and has deteriorated, and thus is no longer properly supporting the
existing improvements. The Applicants are requesting to reinforce and stabilize the
existing wall (which inherently stabilizes the property) by constructing a new wall adjacent
to the existing wall. The purpose of the new wall is not to expand the existing rear yard
area, but to repair the existing distressed condition. Therefore, the proposed combination
wall taller than 8' in height to function as a replacement of an existing wall taller than 8' in
height is necessary for the preservation and enjoyment of the Applicants' substantial
property right, which is a right possessed by other property owners within the
neighborhood.
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C. That granting the variance will not be materially detrimental to the public welfare or
injurious to property and improvements in the area in which the property is located. The
Applicants submitted a geology report explaining that the proposed wall would provide
additional stability to the existing slope. The City Geologist will review and approve this
report prior to building permit issuance. The proposed plans will be reviewed prior to
grading permit issuance and the construction will be inspected by the Building & Safety
Division to ensure the work complies with the Uniform Building Code. The existing foliage
that screens the existing wall which must be removed to accommodate the construction
of the new wall, is conditioned to be replaced with new foliage that would climb over the
exposed face of the wall.
D. That granting the variance will not be contrary to the objectives of the General Plan or the
policies and requirements of the Coastal Specific Plan. Specifically, Urban Environment
Element, Activity Area Goal "A" of the General Plan calls upon the City to "...to preserve
and enhance the community's quality living environment; to enhance the visual character
and physical quality of existing neighborhoods..." Staff believes that the project
implements this policy as the proposed retaining wall, the height of which deviates from
the Municipal Code, is proposed to reinforce, stabilize, and maintain the physical quality
of the existing 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 Sections 17.02.040(C)(1)(g) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth
the grounds of the appeal and any specific actions requested by the appellant, and accompanied
by the appropriate appeal fee, no later than fifteen (15) days following November 14, 2017, 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 Commission of the City
of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2017-40, conditionally approving a
Grading Permit and Variance to construct a new 14.37' tall combination wall, set back 1.5' from
an existing deteriorating 13' tall combination wall along the rear yard slope with 11 soldier piles
and 125yd3 of associated grading on property located at 3557 Starline Drive (ZON2O1 7-00163),
subject to the Conditions of Approval in the attached Exhibit 'A'.
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PASSED, APPROVED, AND ADOPTED this 14th day of November 2017, by the following vote:
AYES: Commissioners Leon, Emenhiser, Nelson, Tomblin, and Vice Chair James
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Bradley
974-/f,
William J. Jani'es
Vice Chair
Ara i ra n i a =
Director of Community Development
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EXHIBIT 'A'
CONDITIONS OF APPROVAL
GRADING PERMIT AND VARIANCE
(PLANNING CASE NO. ZON2017-00163)
3557 Sta rl i ne Drive
GENERAL CONDITIONS
1. Prior to the submittal of plans into Building and Safety plan check, Applicants and property
owner (if not the same as Applicant) shall submit to the City a statement, in writing,
acknowledging they have read, understand, and agree to all conditions of approval
contained in this Resolution. Failure to provide said written statement within ninety (90)
days following the date of this approval shall render this approval null and void.
2. Applicants shall indemnify, protect, defend, and hold harmless, the City, and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions
and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
nature), and alternative dispute resolutions procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively "Actions"), brought
against the City, and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters,
temporary improvements and/or permanent improvements, Applicants shall obtain an
encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless
otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes
Municipal Code shall apply.
5. Pursuant to Section 17.78.040, the Community Development Director is authorized to
make minor modifications to the approved plans and any of the conditions of approval if
such modifications will achieve substantially the same results as will strict compliance with
the approved plans and conditions. Substantial changes to the project shall be considered
a revision and require approval by the final body that approved the original project, which
may require new and separate environmental review and public notification.
6. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
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7. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code or administrative citations as described in
Section 1.16 of the City's Municipal Code.
8. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, including but not limited to height,
setback and lot coverage standards.
9. If Applicants have not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within one year of the final effective date of this Resolution, approval
of the project shall expire and be of no further effect unless, prior to expiration, a written
request for extension is filed with the Community Development Department and approved
by the Director.
10. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
11. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City with the effective
date of this Resolution.
12. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans and is not an approval of any existing illegal or legal non-
conforming structures on the property, unless the approval of such illegal or legal non-
conforming structure is specifically identified within these conditions or on the stamped
APPROVED plans.
13. All construction sites and adjacent public and private properties and streets 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.
14. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by the
contractor or property owner. Existing or temporary portable bathrooms shall be provided
during construction. Portable bathrooms shall be placed in a location that will minimize
disturbance to the surrounding property owners, to the satisfaction of the City's Building
Official.
15. If construction projects that are accessible from a street right-of-way or an abutting
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property remain in operation or expect to remain in operation for over 30 calendar days,
Applicants shall provide temporary construction fencing, as defined in Section
17.56.050(C) of the Development Code. Unless required to protect against a safety
hazard, temporary construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
16. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on
Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to maximize
the distance between staging activities and neighboring properties, subject to approval by
the building official.
17. All grading, landscaping and construction activities shall exercise effective dust control
techniques, either through screening and/or watering.
18. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS all applicable
soils/geotechnical reports, if required by the Building and Safety Division, shall be
approved by the City's Geologist.
19. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, all site drainage facilities
shall be reviewed and approved by the City's Building Official and City Engineer.
20. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, haul routes to transport
soil shall be approved by the Public Works Department.
PROJECT SPECIFIC CONDITIONS
21. This approval allows for the following improvements:
a) Construction of a 14.37' tall combination wall (188' in length) consisting of a 10.87' tall
retaining wall topped with a 3.5' tall guardrail, set back 1.5' away from the existing
deteriorating combination wall;
b) Grading consisting of 125yd3 of fill in the 1.5'wide area between the existing and approved
walls; and,
c) Installation of 11 soldier piles and permanent tie-backs to support the existing and
approved combination walls.
22. PRIOR TO FINAL BUILDING INSPECTION, a wall height elevation certification for the
new 14.37' tall combination wall (includes 3.5' tall guardrail) shall be submitted to the
Director of Community Development for review and approval. A licensed civil engineer or
surveyor shall prepare and wet-stamp the certification.
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23. PRIOR TO FINAL BUILDING INSPECTION, the exterior face of the wall (east side) shall
be painted Sherwin Williams#6096 "Jute Brown".
24. PRIOR TO FINAL BUILDING INSPECTION, the cabling system shown in the approved
landscape plan shall be installed on the exterior face of the wall (east side) and the
plants shall be installed per the approved plans.
25. The landscaping described in Condition No. 22 shall be maintained in good condition in
perpetuity. If any one or more of the plants described in Condition No. 22 do not survive,
they shall be replaced within 30 days of notification by the City.
26. The painting described in Condition No. 23 shall be maintained until the foliage described
in Condition No. 22 covers the majority of the face of the new retaining wall. The Director
of Community Development shall determine what constitutes a "majority" in this instance.
For this condition, "maintained" shall mean that the wall be repainted within 30 days of
notification by the City if any reports are received of the paint cracking, flaking and/or
peeling.
27. Unless modified by the approval of future planning applications, the approved project shall
be permitted up to 40% lot coverage (33% proposed). Any changes to the lot coverage
shall require additional Planning Division review.
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