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CC RES 1994-024RE SOLUTION NO. 94 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF GRADING NO. 1691 REVISION "A ", THEREBY ALLOWING THE GRADE OF THE VACANT LOT AT 11 MARGUERITE DRIVE TO BE PERMANENTLY RAISED WITH THE PLACEMENT OF THE MATERIAL THAT EXISTS ON THE SITE. WHEREAS, the applicants, The Burrell Group, submitted Grading No. 1691 Revision "A ", requesting a total of 3,124 cubic yards of material to be deposited on the vacant lot at 11 Marguerite Drive for the purposes of permanently raising the grade of the site; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, (CEQA) and the City's local CEQA Guidelines, the proposed project was found to be Categorically Exempt (Class 5); and, WHEREAS, on January 11, 1994, the Planning Commission of the City of Rancho Palos Verdes held a hearing to consider the proposal, but was unable to make all of the necessary findings necessary to grant the request, and therefore the project was denied via minute order; and, WHEREAS, on January 25, 1994, within fifteen days of the Planning Commission's decision, the applicants filed a written appeal accompanied by the appropriate fee; and, WHEREAS, after mailing a courtesy notice to the interested parties, the City Council held a hearing on April 5, 1994, 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 PALO S VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed grading is not excessive beyond that necessary for the permitted primary use of the lot since the lot is unique due to its large size. Although the existing quantity of grading would generally be considered significant for a typical residential lot in the City, the subject property is two acres in size and the area in which the proposed grading would occur is approximately one -tenth the size of the lot. Section 2: That the proposed grading and /or construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites in that residents from only one neighboring property, located at 3 000 Via Alvarado (P.V.E.), enjoy views directly over the subject lot. With the aid of a temporary string frame, the City Council was able to determine, that although a portion of the ocean views could be obstructed by a home on the subject lot with a maximum ridge height of sixteen feet, the view impairment would not be considered significant due to the expanse of the views that would still be enjoyed from this property and because several viewing areas within the home would continue to enjoy unimpaired views over the subj ect property. Section 3: That the nature of the proposed grading minimizes disturbance to the natural contours and the finished contours are reasonably natural in that the topography of the lot consists of a mild downslope from east to west and the grade elevation will be raised between one to seven feet in the north -west corner of the lot due to the inconsistent grade that exists on the site. After proper depositing and compaction, the area to be graded will appear as a relatively flat buildable area on the lot. Section 4: For the foregoing reasons and based on the information contained in the Staff Report, attachments, minutes and records of the proceedings, the City Council hereby upholds the appeal of Grading No. 1691 Revision "A ", thereby approving the applicant's request, subject to the conditions of approval attached as Exhibit "A" which are necessary to protect and preserve the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED this 19th day of April, 1994. VAYOR ATTEST: CIT 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. 94 -2 4 was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 19, 1994. CITY CLE44 CITY OF tANCHO PALOS VERDES Resolution No. 94 -24 Page 2 of 4 ENMIT "A" CONDITIONS OF APPROVAL FOR GRADING NO. 1691 REVISION "A "- APPEAL (11 MARGUERITE DRIVE) 1 The total amount of material to be placed on the site shall not exceed the amount of material presently on the site, less unacceptable fill material. Any increase in material to be placed on the site shall require prior City Council approval. 2) No additional material shall be brought onto the site . 3 The property roperty shall be immediately cleared of all discarded asphalt, large rocks vegetative materials, and other material not suitable for fill. The applicant shall take all steps deemed necessary by the Director of Planning, Building & Code Enforcement to prevent further dumping of unsightly and unsuitable materials. 4 Prior to the commencement of any and all further grading activity on the subj ect property, certified geological, soil, and compaction reports shall be submitted to the City's Building and Safety Division for review and approval, along with revised grading plans deemed necessary by the Director of Planning, Building & Code Enforcement. 5 The site shall be cleared of any additional unsuitable and unnecessary fill material identified in the reports required in Condition 4, above, subject to the review and approval of the Director of Planning, Building & Code Enforcement. 6 The applicant shall submit plan revisions, as deemed necessary by the Director of Planning, Building & Code Enforcement, with adequate provisions to protect and stabilize any existing rainage courses affected by the grading, including, without limitation, the g existing drainage course along the north property line of the subject lot. 7 The applicant shall submit for review and approval by the Director of Public Works a pp traffic management plan which shall indicate, but shall not be limited to, the route, time of g day, and the estimated number of truck trips per day necessary for the deposit and /or removal of material to and /or from the subject property. 8) The work required in Conditions 4 through 7, inclusive, shall be completed within sixty (60) days of the adoption of this Resolution. Resolution No. 94 -24 Page 3 of 4 9) 10) Placement of all soil on -site shall substantially conform to revised grading plans which must be submitted for review by the Director of Planning, Building & Code Enforcement. The hours of grading activity, including. without limitation, trucking of material, shall be limited to the hours between 8:00 a.m. to 5:00 p.m., Monday through Friday only. No such activity shall occur on weekends or holidays. Resolution No. 94 -24 Page 4 of 4