CC RES 1996-014RESOLUTION NO. 96 -14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL OF
COASTAL PERMIT NO. 77- REVISION, THEREBY
UPHOLDING THE PLANNING COMMISSION'S APPROVAL
FOR THE CONTINUAL REMEDIAL GRADING PURSUANT
TO A SPECIFIC GRADING PLAN WITHIN THE
PORTUGUESE BEND CLUB
WHEREAS, the applicant, the Portuguese Bend Club Homeowners Association,
submitted an application for Coastal Permit No. 77- Revision, to allow the continual
remedial grading pursuant to a specific grading plan within the Portuguese Bend Club
which is necessary for the maintenance of Yacht Harbor Drive and the protection of
several homes from the active. Portuguese Bend landslide; 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 65952.5(e) (Hazardous Waste and Substances
Statement), Staff found no evidence that Coastal Permit No. 77- Revision would have a
significant effect on the environment. Accordingly, a draft Mitigated Negative Declaration
was prepared and a notice of that fact was given in the manner required by law.
The Planning Commission reviewed and considered the information and findings
contained in the draft Mitigated Negative Declaration and adopted said environmental
document in P.C. Resolution No. 96 -4 prior to taking action on Coastal Permit No. 77-
Revision; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Development Code, the Planning Commission held a duly noticed public hearing
on January 9, 1996, at which time all interested parties were given an opportunity to be
heard and present evidence, and the Planning Commission adopted P.C. Resolution No.
96 -5, approving Coastal Permit No. 77- Revision; and,
WHEREAS, on January 24, 1996, the appellant, Lois Larue, appealed the Planning
Commission's decision to approve Coastal Permit No. 77- Revision, to allow the continual
remedial grading pursuant to a specific grading plan within the Portuguese Bend Club
which is necessary for the maintenance of Yacht Harbor Drive and the protection of
several homes from the active Portuguese Bend landslide; and,
WHEREAS, after notice issued pursuant to the provisions of the City's Development
Code, the City Council held a duly noticed public hearing on March 11, 1996, at which time
all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That the proposed project is in conformance with the Coastal Specific
Plan since the project is necessary to prevent earth movement from the Portuguese Bend
landslide from causing the deterioration and destruction of a portion of the Coastal Zone
and coastal environment. The project is also necessary to prevent earth movement from
causing damage or destruction to at least four residences within the Portuguese Bend
Club, as well as to Yacht Harbor Drive, a private road providing access to the homes and
common recreational facilities in the lower portion of the development. The project does
not create any significant environmental impacts since the exposed portion of the toe of
the landslide, as well as the entire area that encompasses the grading, is devoid of all
vegetation and consists of broken earth caused by the continual earth movement.
Moreover, the project is recommended by, and is being carried out under the supervision
of the City's and Redevelopment Agency's Geotechnical Consultant to prevent property
damage as well as control the movement of the active landslide.
Section 2: That the proposed development, when located between the sea and
the first public road, is in conformance with the applicable public access and recreation
policies of the Coastal Act since the project involves excavation of earth at the exposed
portion of the toe of an active landslide where general public access is not available due
to the fact that the Portuguese Bend Beach Club existed prior to the adoption of the
Coastal Act and the certification of the City's Local Coastal Program. The proposed
grading will not impact any areas where public access is currently allowed. However, the
project would preserve shoreline access for the Portuguese Bend Club residents, club
members, and guests via Yacht Harbor Drive by allowing the road to be maintained in a
usable condition.
Section 3: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, minutes, and all other records of the proceedings, the City
Council hereby Denies the Appeal of Coastal Permit No. 77- Revision, thereby Upholding
the Planning Commission's decision to allow the continual remedial grading pursuant to
a specific grading plan within the Portuguese Bend Club which is necessary for the
maintenance of Yacht Harbor Drive and the protection of several homes from the active
Portuguese Bend landslide.
Resolution No. 96 -14
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PASSED, APPROVED, AND ADOPTED this 11th day of March 1996.
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ATTEST:
r
Ci Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 96 -14 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on March 11, 1996.
M:\ USERS\ FABIOD \WPWIN60\RESOLUTN \CP77APP.RE
City Clerk.
City of R ho Palos Verdes
Resolution No. 96 -14
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