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PC RES 2006-033 P.C. RESOLUTION NO. 2006-33 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOSVERDEVERDES APPROVING GRADING PERMIT (CASE NO. 2006-00299) FOR 1,100 CUBICYARDS OF GRADING AND RELATEDRETAINING WALLS TO ACCOMMODATEPARTIALLY SUBTERRANEAN ASMENT AND SWIMMING POOL/DECK AN EXISTINGTRE SLOPE FOR 31967 EMERALDVIEW DRIVE (LOT NO. 29 OF TRACT NO. 506 ) WHEREAS, on May 18, 2006 an application for a Grading Permit (Case No. 2006-00299) was submitted to the Planning Department to allow 1,100 cubic yards of grading and related retaining walls to accommodate a partially subterranean basement and a swimming pool/deck area 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- 00299) 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 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, 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 swimming pool/deck and associated retaining walls will not be readily noticeable from surrounding public and/or private property, as the retaining walls will be aesthetically treated. P.C. Resolution No. 2006-33 Page 1 of 3 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 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 #29) 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 basement project will occur entirely below existing grade. Further, the proposed swimming pool/deck and associated retaining walls will be aesthetically treated and landscaped so that they are not readily visible from the surrounding public and private properties. Section 4: While the proposed project involves substantial modifications to existing manufactured slopes, these modifications will include terracing of the retaining walls with an aesthetic and landscape treatment that will blend the manufactured slope into a more 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#29, which is a vacant building pad that contains little vegetation, no natural landscape and no wildlife habitat. Section 6: The proposed project does not conform to the following grading criteria of Section 17.76.040.E.9: INC. 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 fill that varies up to 5.45' high to accommodate the swimming pool/deck area. However, as per Section 17.76.040(E)(10), the Planning Commission hereby grants a grading permit for development in excess of the two criterion 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 reasonable economic use of the property, and ensures that the development occurs in a manner harmonious with adjacent lands. P.C. Resolution No. 2006-33 Page 2 of 3 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 by developments encouraging:A) A more creative and imaginative approach p to the design of residential developments". Additionally, this lot is severely burdened with existing easements that restrict the developable area of the lot. Further, the City Council has authorized the construction the retaining walls/swimming pool and deck area; and, d) The proposed retaining walls will require a building permit and geological review, which will ensure their structural integrity. Additionally, the retaining walls will not be readily visible from the neighboring residence or the public right of way. 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. 2006-00299), thereby approving the grading of 1,100 cubic yards and related retaining walls to accommodate a partially subterranean basement and a swimming pool/deck area for a new two-story, single-family residence, subject to the conditions of approval in Exhibit "A". PASSED, APPROVED, AND ADOPTED this 28th day of March 2006, by the following vote: AYES: Commissioners Karp, Perestam, Ruttenberg, and Tetreault NOES: None ABSTENTIONS: None ABSENT: Commissioner Lewis, Vice Chairman Gers v - a rma-t • I •g !PAW IMP im ight Chairman Joel ' •jas, A I P Direr for of lannin = ilding and ode ' nforce - nt; and, Secre ary to the Planning Commission P.C. Resolution No. 2006- 33 Page 3 of 3 EXHIBIT"A" P.C. RESOLUTION NO. 2006-33 GRADING PERMIT (CASE NO. ZON2006-00299) CONDITIONS OF APPROVAL FOR GRADING OF LOT#29/TRACT NO. 50667 (31967 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#29 of Tract No. 50667 only. Specifically, it is to accommodate a partially subterranean basement and swimming pool/deck area on Lot#29. The total amount of grading shall be no greater than 1,100 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.