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PC RES 2007-026 P.C. RESOLUTION NO. 2007-2 A RESOLUTION OF THE PLANNINGM I I THE CITY OF RANCHOAL VERDES APPROVING GRADING PERMIT ( AS . 2007-00070) FOR 3,910 CUBIC YARDS OF GRADING AND RELATED RETAINING WALLS TO ACCOMMODATENEW DRIVEWAY, PARTIALLY SUBTERRANEAN GARAGE AN BASEMENT, A AN OUTDOORAS E T PATIO AREA FOR 32045 ISTHI IV (LOT NO. 10 OF TRACT NO. 5 7) WHEREAS, on October 31, 2007 an application for a Grading Permit (Case No. 2007-00070) was submitted to the Planning Department to allow 3,910 cubic yards of grading and related retaining walls to accommodate a neva driveway, partially subterranean garage and basement, and outdoor basement patio area for a new single- family residence; and, WHEREAS, on March 6, 2007 the subject application was deemed complete for processing; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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 (Case No. 2007- 00070) would have a significant effect on the environment and, therefore the proposed project has been found to be categorically exempt (Class 3, Section 15303); and, WHEREAS, the Planning Commission held a public meeting on April 10, 2007, at which all interested parties were given the opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The grading does not exceed that which is necessary for the permitted primary use of the lot, because the primary use of the lot is residential, and the proposed grading is to accommodate a driveway, partially subterranean garage and basement, and an outdoor basement patio area, which are part of the residential use of the lot. Although the main reason for the basement area is to increase the size of the subject residence, the proposed grading and related basement do not exceed that which is necessary for the permitted primary use of the lot because the proposed project will comply with the maximum habitable area established for this specific lot. Further, the garage, basement, outdoor basement patio area and retaining walls will not P.C. Resolution No. 2007-26 Page 1 of 4 be readily noticeable from surrounding public and/or private property, as the view of them will mostly be blocked by the proposed residence. Section 2: The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the proposed grading will accommodate subterranean structures and will not raise the ridgeline of the proposed structure as originally approved. Section 3: The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural because the subject site (Lot #10) was part of a mass grading operation to develop building pads to accommodate future residential homes. The subject site is a flat pad. As such, there will be no disturbance to natural contours because the proposed project will occur entirely below existing grade. Section 4: The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because the proposed grading will occur on Lot#10, which is a vacant building pad that contains little vegetation, no natural landscape and no wildlife habitat. Section 5: The proposed project does not conform to the following grading criteria of Section 17.76.040.E.9: * loc. Except for the excavation of a basement or cellar, a fill or cut shall not exceed a depth of five feet at any point except where the Director or Planning Commission determines that unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary." The project does not conform to this criterion, as there will be a cut that varies up to 12' high to accommodate access to the subterranean garage. * le.iv. Retaining walls may be allowed up to five feet in height, adjacent to driveways, only if required for access or slope stabilization." The project does not conform to this criterion as there are retaining walls adjacent to the driveway and outdoor basement patio area that vary in height up to 12® high. However, as per Section 17.76.040(E)(10), the Planning Commission hereby grants a grading permit for development in excess of the two criteria listed above because the Commission finds that a) Criteria (E)(1) through (E)(8) can be satisfied. b) The project is consistent with the purposes set forth in subsection A of the Grading Section in that it permits the reasonable development of land, ensures preservation of the scenic character of the area consistent with P.C. Resolution No. 2007-26 Page 2 of 4 reasonable economic use of the property, and ensures that the development occurs in a manner harmonious with adjacent lands. c) Departure from these standards will not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity as this is an RPD, which "provide greater flexibility in the design of residential developments by encouraging:A) A more creative and imaginative approach to the design of residential developments". Additionally, there are other subterranean and partially subterranean structures within other surrounding neighborhoods, a similar driveway access to a subterranean garage has already been approved by the City Council on Lot Nos. 2, 24 and 25 of the same tract, and the Council has reviewed this specific proposal and supports the proposed project; and, d) The proposed retaining walls will require a building permit and geological review, which will ensure their structural integrity. Additionally, the retaining walls and driveway will not be readily visible from the neighboring residence or the public right of way. Section ® Any interested party may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040.C.1.j of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing stating the ground for appeal, and with the appropriate appeal fee, no later than fifteen (15) days following the date of the Planning Commission's adoption of this resolution. 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 approves Grading Permit (Case No. 2007-00070), thereby approving the grading of 3,910 cubic yards and related retaining walls to accommodate a new driveway, partially subterranean garage and basement, and an outdoor basement patio area for a new one-story, single-family residence, subject to the conditions of approval in Exhibit "A". P.C. Resolution No. 2007-26 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 24th day of April 2007, by the following vote: AYES: Commissioners Knight, Lewis, Ruttenberg & Tetreault, Vice Chairman Ferestam, Chairman Gerstner NOE& None ABSTENTIONS: None ABSENT: commissioner Karp Bill Gerstner Chairman Joeloj s, AICP Dire to of Plannin �, uilding and Ude Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2007-26 Page 4 of 4 EXHIBIT"A" P.C. RESOLUTION NO. 2007-26 GRADING PERMIT (CASE NO. ZON2007-00070) CONDITIONS OF APPROVAL FOR GRADING OF LOT#10/TRACT NO. 50667 (32045 Isthmus View Drive) 1. Within 90 days of this approval, the owner shall submit a statement in writing that they have read, understand and agree to all the conditions of approval listed below. Failure to provide said written statement shall render this approval null and void. 2. Approval of this project does not, in any way, cause any changes to any of the conditions of approval or mitigation measures previously adopted for the Trump National Golf Club project. All previously adopted conditions of approval and mitigation measures shall remain in effect and are to be satisfied. 3. 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. 4. Failure to adhere to any of these conditions shall result in the Planning, Building and Code Enforcement Department's suspension of this permit, and a stop on all construction work. Planning, Building and Code Enforcement Staff and/or the City's Geologist will be visiting the site during construction to verify compliance with these conditions. 5. The developer shall obtain a building permit for the proposed basement. The permit shall be subject to review and approval by the Director of Planning, Building and Code Enforcement, the Building Official, and the City Geologist. 6. This Grading Permit applies to Lot#10 of Tract No. 50667 only. Specifically, it is to accommodate a driveway, partially subterranean garage and basement, and an outdoor basement patio area on Lot#10. The total amount of grading shall be no greater than 3,910 cubic yards. 7. Prior to the issuance of Building Permits, the developer shall show on the plans a sump pump system that includes a back-up sump pump and back-up generator, subject to review and approval by the City's Building Official. Said sump pump system shall be installed prior to issuance of a Certificate of Use and Occupancy for the residence. 8. The property owner shall be responsible for maintaining an operable back-up generator. Prior to issuance of certificate of use and occupancy,the back-up generator shall be installed and include an alarm warning system that will ensure the continued maintenance of the generator, subject to review and approval of the Building Official. 9. Subject to review and approval by the Director of Planning, Building &Code Enforcement, prior to the certificate of use and occupancy, the owner shall record a covenant on the property that indicates that the property has a back-up generator and the property owner is responsible for maintaining such generator.