PC RES 2006-032 P.C. RESOLUTION NO. 2006-32
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING A
GRADING PERMIT (CASE NO. 2006-00298) FOR 1,820
CUBIC YARDS OF GRADING AND RELATED RETAINING
WALLS TO ACCOMMODATE A PARTIALLY
SUBTERRANEAN BASEMENT FOR 31975 EMERALD
VIEW DRIVE (LOT NO. 26 OF TRACT NO. 50667)
WHEREAS, on May 18, 2006 an application for a Grading Permit (Case No.
2006-00298) was submitted to the Planning Department to allow 1,820 cubic yards of
grading and related retaining walls to accommodate a partially subterranean basement
for a new single-family residence; and,
WHEREAS, on June 30, 2006 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. 2006-
00298) 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 July 11, 2006, 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 HEREBY 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 partially subterranean basement, which is
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 does 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 basement and retaining walls will not be
readily noticeable from surrounding public and/or private property.
Section 2: The grading and/or related construction does not significantly
adversely affect the visual relationships with, nor the views from, neighboring properties
P.C. Resolution No. 2006-32
Page 1 of 3
because the proposed grading will accommodate a subterranean structure 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
#28) 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 proposed project will not involve any modifications to existing
manufactured slopes, and therefore the existing manufactured slopes will maintain their
natural appearance.
Section 5: 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#28, which is a vacant building pad that
contains little vegetation, no natural landscape and no wildlife habitat.
Section 6: The proposed project conforms to the grading criteria of Section
17.76.040.E.9.
Section 7: 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 grounds for the 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 8: 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. 2006-00298), thereby approving the grading of 1,820 cubic yards and
related retaining walls to accommodate a partially subterranean basement for a new
single-family residence, subject to the conditions of approval in Exhibit "A".
P.C. Resolution No. 2006-32
Page 2 of 3
PAS ED, APPROVED, AND ADOPTED this 11th day of July 2006, by the following
vote:I
AYES: Commissioners Karp, Perestam, Ruttenberg, and Tetreault
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Lewis, Vice Chairman Gerst and Chairman Knight
mir-
Jim night
Chairman
Joel ' • •s, A
Direc • •f Pla /IF
, Building
and Co.e Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2006-32
Page 3 of 3
EXHIBIT"A"
P.C. RESOLUTION NO. 2006-32
GRADING PERMIT(CASE NO.ZON2006-00298)
CONDITIONS OF APPROVAL FOR GRADING OF LOT#28/TRACT NO. 50667
(31975 Emerald 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#28 of Tract No. 50667 only. Specifically, it is to accommodate
a partially subterranean basement on Lot#28. The total amount of grading shall be no greater
than 1,820 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.