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PC RES 2007-067 P.C. RESOLUTION NO. 2007® 7 RESOLUTION THE PLANNING COMMISSION OF THE CITY OF RANCHO L VERDES CONDITIONALLY APPROVING A REMEDIAL GRADING PERMIT REVISION (PLANNING A E NO. 2007-00506) FOR AFTER-THE- FACT ,FTE -TA T APPROVAL OF EIGHT HUNDRED UBI YARDS (80 CY) OF FILL ON THE SITE F THE PORTUGUESE BEND PONY CLUB, LOCATED AT 2 WEST POMEGRANATE WHEREAS, on December 20, 2006, the Director of Planning, Building and Code Enforcement approved a remedial grading permit(Planning Case No.ZON2006-00633)for 4,844 cubic yards of remedial grading on the 13.78-acre Pony Club site to fill a depression and reduce the infiltration of water, but with no provision of the importation of fill; and the approved remedial grading was completed in early 2007; and, WHEREAS, on September 10, 2007,the City's Code Enforcement Division received a complaint about the importation of fill to the Pony Club site; and, WHEREAS, on October 16, 2007, the applicant and the property owner, the Abalone Cove Landslide Abatement District (ACLAD) and the Brown Family Trust, respectively, submitted an application for Planning Case No. ZON2007-00506 for a revision to the previously-approved remedial grading permit for after-the-fact approval of the importation of 800 cubic yards of fill; and, WHEREAS, on October 31, 2007, the application for Planning Case No. ZON2007-00506 was deemed complete by Staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2.1000 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 65962.5(f)(Hazardous Waste and Substances Statement), Staff found no evidence that the approval of the requested remedial grading permit revision would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Section 15304); and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on December 11,2007, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a remedial grading permit revision for after-the-fact approval of the importation of 800 cubic yards of fill to the subject property: A. The maximum vertical height of cut or fill should not exceed that which is necessary to enhance soil stability and reduce geotechnical hazards due to natural land movement or the presence of natural hazards, except that fissures of any depth may be filled to the level of the adjacent ground surface. Such grading should be designed to reduce the local topographic relief and in no case should fill be placed on a slope steeper than thirty-five percent (35%) such that it might cause a soil slip or mud-flow. The proposed maximum depth of fill is six inches (6"). The fill will be placed within existing,flat riding arenas on the subject property. This grading will be consistent with existing site topography and will not contribute to soil-slip or mud- flow. B. Where remedial grading on a residential lot involves importation of fill material from a source outside of the lot, no more than that which is necessary to enhance soil stability and reduce geotechnical hazards due to natural land movement or the presence of natural hazards should be permitted. The subject property is not developed with a residence. Nevertheless, the proposed grading involves the placement of roughly six inches (6") of fill on less than an acre of the 13.78-acre parcel. This is no more grading than necessary to enhance soil stability and quality. C. Remedial grading shall be designed to improve surface drainage and in no case cause ponding or surface runoff so as to increase the likelihood of surface water infiltration. The placement of additional fill in the arena areas is intended to "recondition" the compacted soil to make it suitable for equestrian use. This fill will be placed and spread in a manner so as to avoid ponding or surface runoff. D. The nature of the grading shall minimize disturbance to the natural contours and finished contours should remain reasonably natural. The additional fill will add roughly six inches (6")of soil to less than an acre of the 13.78-acre property. The fill will be placed within existing flat arena areas,while the remaining hilly topography of the site will not be altered. E. The grading shall take into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. As mentioned above, the proposed fill will be placed in flat areas of the property. The sloping portions of the site will not be altered as a result of the additional fill. F. The grading shall avoid or minimize disturbance to coastal sage scrub habitat. If disturbances or impacts to coastal sage scrub are unavoidable, all impacts shall be mitigated to the satisfaction of the City. There is coastal sage scrub habitat on some areas of the subject property. However, there is no habitat in the portion of the property where the placement of additional fill is proposed. P.C. Resolution No. 2007-67 Page 2 of 6 G. Where appropriate, the grading shall include provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas. The previously-approved remedial grading permit involved alteration of slopes surrounding one of the riding arenas, and included a condition of approval requiring appropriate revegetation of slopes. This condition remains in effect. The proposed fill, however, will be placed on the "floor" of the riding arenas, so the planting of these areas would not be appropriate. Section 2: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.76.040(H) of the Rancho Palos Verdes (Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate fee, no later than fifteen (15)days following December 11, 2007, the date of the Planning Commission's final action. Due to the closure of City Hall from December 24, 2007, through January 1, 2008, the appeal period shall end on January 4, 2008. Section 3: 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 conditionally approves a remedial grading permit revision (Planning Case No. ZON2007-00506)for after-the-fact approval of eight hundred cubic yards (800 cy) of fill on the site of the Portuguese Bend Pony Club, located at 2 West Pomegranate Road, subject to the conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2007-67 Page 3 of 6 PASSED, APPROVED, AND ADOPTED this 11 th day of December 2007, by the following vote: AYES: Commissioners Karp, Lewis, Ruttenberg and Tetr eault, Vice Chairman Perestam. and Chairman Gerstner NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: Commissioner Knight (2- tutb Bill Gerstner Chairman Joel of S, A'CP Dir ctor f Planni g)u ilding an Cod Enforc ent; and, Sec ry to the Planning Commission P.C. Resolution No. 2007-67 Page 4 of 6 HI IT ID0 CONDITIONS F APPROVAL E PLANNING S 2007-00506 ( CL rown, 2 West PomegranateRoad) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check,the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for after-the-fact approval of the importation of fill to existing riding arenas on the Portuguese Bend Pony Club site. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the remedial grading permit revision by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the RS-1 and OH district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained)within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. Otherwise, a remedial grading permit revision must be approved prior to further development. P.C. Resolution No. 2007-67 Page 5 of 6 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department,the stricter standard shall apply. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday,with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. Grading Permit Conditions: 11. This approval is for 800 cubic yard of fill to be placed and spread in two (2)existing riding arenas on the Portuguese Bend Pony Club site. The maximum depth of fill shall be six inches (6"). 12. The applicant shall obtain after-the-fact approval of the placement of the approved fill from the City Geologist and Building Official. 13. Notwithstanding the additional fill permitted by this approval, all conditions of approval for Planning Case No. ZON2006-00633, as originally approved on December 20, 2006, and incorporated herein by this reference, remain valid and in full force and effect. M:\Projects\ZON2007-00506(ACLAD-Brown,2 W Pomegranate Rd)\PC Resolution 2007-67.doc P.C. Resolution No. 2007-67 Page 6 of 6