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PC RES 1995-032P. C. RESOLUTION NO. 95-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 1803 FOR A NEW SINGLE FAMILY RESIDENCE LOCATED AT 1 BURRELL LANE WHEREAS, on March 9, 1995, the applicant, Wen -Jen Lee, submitted an application for Grading Permit No. 1803 to allow 1,720 cubic yards of grading for a new single family residence proposed at 1 Burrell lane; and, after the submittal of additional information and revised plans, the application was deemed complete on June 1, 1995; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 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 65952.5(e) (Hazardous Waste and Substances Statement), there was no evidence that Conditional Use Permit No. 33, Revision I'M" would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class I); and, WHEREAS, pursuant to the requirements of the City's Development Code, the Planning Commission of the City of Rancho Palos Verdes held a hearing on June 25, 1995, and on August 22, 1995, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: Section 1: The grading is not excessive beyond that necessary for the permitted primary use of the lot as the original footprint approved with the tract in 1978, and the minor modification currently requested, considered the tennis court location, as well as the protection of views from neighboring sites. Section 2: The grading and/or construction does not significantly adversely affect the visual relationship with, nor the views from, neighboring sites, as the original and modified footprint considered the development of the lots in their totality to ensure that the homes would be compatible with each other; and that maximum ridgeline heights were established for all lots to minimize the view impairment potential from each lot. 9 Section 3: The nature of the grading minimizes disturbance to the natural contours and the finished contours are reasonably natural in that the exposed grades will not be significantly affected as the proposed structure will be tucked into the slope, and the basic pad elevation of the lot will not be significantly altered. Section 4: That soils and geology reports are required prior to construction of the project which must prove to the satisfaction of the City's geological and structural engineers that the structure will be built in a safe manner and will not create a danger to the public health, safety, and welfare. Section 5: That the time within which 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 6: For the foregoing reasons and based on the information and findings contained in the Staff Report and records of the proceedings, the Planning Commission hereby approves Grading Permit No. 1803, subject to the conditions listed in the attached Exhibit "All which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED, this 22nd day of August 1995 by the following vote: AYES: Commissioners Vannorsdall, Wang, Whiteneck, Vice Chair Hayes, and Chairman Mowlds NOES: Commissioner Alberio ABSTENTIONS: None ABSENT: Commissioner FM�. dne Mowlds, II irman Bret B. F6prnard, AICP,1 Director of Planning, Building, and Code Enforcement; and Secretary to the Planning Commission P.C. Resolution No. 95-32 Page 2 of 4 Exhibit "All Grading Approval Application No. 1803 Conditions of Approval 1. Final plans submitted to the Planning Division shall include the following: a) Clearly delineated property lines, as well as setback call outs from the shortest distance of each side of the structure to the corresponding property line. b) All easements recorded on the property. c) A clear notation for all wall heights. Side and rear yard walls (including the tennis court) may not exceed an overall combined height of 61-011. (Note: A Minor Exception Permit requesting fencing up to 10 feet in height may be requested by the applicant, and is subject to review and approval by the Director of Planning, Building, and Code Enforcement.) 2. Setbacks shall be as follows: Tennis Court: Per the originally approved footprint, the tennis court shall respect a 5 -foot front yard and a 5 -foot side yard setback. Front yard: +/- 1201 (excluding tennis court) side yards: West 51-011 & East 101-010 (Minimum 151 combined) Rear yard: To be confirmed on final plan, and noted on the Planning Division Clearance Form. 3. All construction shall conform to the final plans submitted to the Planning Division. 4. The maximum ridgeline shall not exceed an elevation of 1185.5 feet. (Critical - Ridgeline certification Required) 5. With the exception of the tennis court fencing, all fences, wall and hedges in the front 20 -foot setback may not exceed 4211 in height. 6. A fencing and lighting plan for the tennis court shall be submitted to the Director of Planning, Building, and Code Enforcement for review and approval. (See also Condition No. 5.) 7. The lighting plan for the tennis court shall also require the approval of the Homeowners' Association prior to submitting the plan to the Planning Division. P.C. Resolution No. 95--32 — Page 3 of 4 8. A Covenant to Protect Views shall be submitted to the Planning Division prior to submitting plans to Building and Safety for plan check. 9. A hold harmless agreement which meets with the satisfaction of the City Attorney shall be submitted to the City prior to submitting plans to Building and Safety for plan check. DJ40 CUP33REV RFS P.C. Resolution No. 95-32" Page 4 of 4