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PC RES 1995-036P.C. RESOLUTION NO. 95-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY UPHOLDING THE ACTING HEARINGS OFFICER'S APPROVAL OF COASTAL PERMIT NO. 129 TO ALLOW AFTER -THE -FACT GRADING OF AN ACCESS ROAD FOR COMPLETION OF GEOLOGIC INVESTIGATIONS IN THE SACRED COVE BEACH AREA, LOCATED WITHIN THE COASTAL ZONE WHEREAS, on June 2, 1995, as part of the City's ongoing Shoreline Protection Feasibility Study, the City's Redevelopment Agency submitted an application for Geologic Investigation Permit No. 90 to allow a series of four 211 diameter geologic exploration borings, three of the which are located on the beach east of Portuguese Point and west of the Portuguese Bend Club at the base of the bluff, with access being taken from existing roads in the Portuguese Bend Beach Club, and the fourth site being located at the base of the bluff near Sacred Cove; and, WHEREAS, in order to gain access to the fourth site near Sacred Cove, minimal grading along an old dirt road was required to provide access for the drilling equipment. However, since the proposed project requires only minor grading involving the exploratory drilling of a geologic test hole by the City's Redevelopment Agency, a public agency, and would result in an improvement to the existing access to the beach, the project was determined to be a "minor public works project" which is exempt from the requirements of the Coastal Act, and that no Coastal Permit was required to conduct these studies in the Sacred Cove area; and, WHEREAS, pursuant to Section 17.50.040 (B) of the Rancho Palos Verdes Development Code, no Grading Permit is required since the project involves grading in connection with a public improvement or public work for which inspection is provided by the City or other public agency as approved by the City Engineer; and, WHEREAS, Staff toured the site with representatives from the California Department of Fish and Game (CDFG) and verified that no gnatcatcher or other sensitive or endangered species habitat would be impacted or endangered by the proposed project; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et.seq., the States CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et.seq., the City's Local CEQA Guidelines, and Government Code Section 65952(e) - Hazardous Waste and Substances Statement, the proposed project was found to be Categorically Exempt pursuant to Class 4 (Section 15304) and Class 6 (Section 15306) of the California Environmental Quality Act, based on the determination that the project has no potential for causing a significant effect on the environment; and, 0 WHEREAS, on June 5, 1995, the Director of Planning, Building, and Code Enforcement approved Geologic Investigation Permit No. 90; and, WHEREAS, during grading operations to gain access to the fourth boring site, localized unstable geologic conditions along the planned access route were encountered which resulted in the relocation of the roadway, outside the limits of grading approved through Geologic Investigation Permit No. 90. In addition to the fact that the road was realigned outside the boundaries of the original approval, as graded, the access road does not provide the desired access to the drilling site. Therefore, since the as -built roadway resulted in grading outside the alignment of the old roadway, inadequate access to the proposed drilling site, and grading quantities in excess of the original approval, all work was stopped and the City determined that a revised Geologic Investigation Permit as well as an after -the -fact Coastal Permit were required in order to complete the access road; and, WHEREAS, On August 22, 1995, the City's Redevelopment Agency submitted an application for Coastal Permit No. 129. Pursuant to the provisions of the Rancho Palos Verdes Development Code, notice of a public hearing with the City's Hearing's officer were mailed on August 24, 1995, and a hearing was held at City Hall on September 11, 1995, at which time all interested parties were given an opportunity to be heard and present evidence. After accepting testimony regarding the project, the Acting Hearings Officer continued the hearing to September 14, 1995 in order to allow Staff the opportunity to prepare draft Conditions of Approval for the project. On September 14, 1995, the Acting Hearings Officer approved Coastal Permit No. 129 and Geologic Investigation Permit No. 90 - Revision "A", with conditions; and, WHEREAS, on September 14, 1995, the decision of the Acting Hearings Officer regarding Coastal Permit No. 129 was appealed to the Planning Commission by Lois Knight Larue. No appeal has been filed with respect to Geologic Investigation Permit No. 90 - Revision "A". NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The grading for access to the fourth drilling site is neither a use or activity that is prohibited by the Coastal Specific Plan. Additionally, although the grading will result in disturbance to natural contours beyond the boundaries of the previous approval, the additional grading will not significantly adversely impact any other natural resources, since Conditions of Approval have been imposed which require that impacts to existing mature trees and coastal sage scrub plants be minimized. In addition, after completion of the studies, the site will be P.C. Resolution No. 95-36. Page 2 of 6 inspected by Staff and a portion of the road shall be maintained to provide public access to the beach. That portion of the road not to be permanently maintained for public access shall be restored to its preconstruction condition, including the vegetative reseeding of the disturbed areas if deemed necessary by the Director of Planning, Building, and Code Enforcement. The California Department of Fish and Game has confirmed that the modified access alignment will result only in the removal of non-native grassland, with no disturbance to gnatcatcher habitat resulting from the project. For these reasons, the Planning Commission finds that the proposed project is in conformance with the Coastal Specific Plan. Section 2: Currently, the Sacred Cove Beach area, which is located between the sea and the first public road, is accessed by the public down a steep and narrow trail which traverses the bluff. At the conclusion of the drilling operations, it is intended that a portion the graded roadway will be -maintained to provide improved access to the beach area. Conditions of Approval have been imposed which require that a clear and readily accessible pedestrian trail shall be provided from the Palos Verdes Drive South right-of-way to the Sacred Cove beach. This action will reduce barriers to access of the beach area, and will result in easier access to the recreational opportunities available in the Sacred Cove area. In addition, the easier access will facilitate emergency access for police patrol and medical assistance, if necessary. For these reasons, the Planning Commission finds that the proposed development is in conformance with the applicable public access and recreation policies of the Coastal Act. Section 3: 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 4: 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 denies the appeal, thereby upholding the Acting Hearings Officer's approval of Coastal Permit No. 129 in association with Geologic Investigation Permit No. 90 - Revision "All for improvement to an old roadway and grading of a new access road branching off the existing road to allow drilling equipment access to perform a geologic test boring within Sacred Cove, which lies within an Appealable Area of the Coastal District, subject to the Conditions of Approval contained in the attached Exhibit "All which are necessary to protect the public health, safety, and welfare. P.C. Resolution No. 95-36 . Page 3 of 6 PASSED, APPROVED, and ADOPTED this 10th day of October 1995 by the following roll call vote: AYES: Commissioners Vannorsdall, Whiteneck, Vice Chair Hayes, and Chairman Mowlds NOES: Commissioners Alberio and Ferraro ABSTENTIONS: !NONE ABSENT: Commissioner Wang Bret B. rnard, AICP Director of Planning, Building, and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 95- 36. Page 4 of 6 0 EXHIBIT "A" CONDITIONS OF APPROVAL COASTAL PERMIT NO. 90 - APPEAL IN CONJUNCTION WITH GEOLOGIC INVESTIGATION PERMIT NO. 90 - REVISION "All 1 All work, including the staging or movement of heavy equipment or vehicles, associated with the grading of the access road, the geologic investigation (drilling and/or boring) , or the restoration of any portions of the site shall be limited to the hours of 7:00 A.M. to 7:00 P.M., Monday through Saturday. No work is allowed on Sundays or legal holidays. 2. Traffic control, either through the use of f lagpersons or devices, shall be provided on Palos Verdes Drive South during the times when heavy machinery or vehicles are entering and exiting the Sacred Cove site. 3. The boring holes shall be properly capped and all other necessary precautions to secure the safety of the drilling site shall be taken. 4. Prior to the commencement of any grading, a finalized grading plan shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval. said plan shall clearly indicate the location of the existing and proposed portions of access road, the portion(s) of the access road which will be restored at the conclusion of the boring operation, cut and fill locations, and the gradient of the access road and all created slopes. All effort shall be made to minimize the amount of grading needed to construct the necessary access road. 5. No off-site exportation of earth material is permitted. All grading shall be balanced on site. 6. All work shall be performed landward of the coastal mean high tide line. 7. If remedial grading becomes necessary, to correct drainage deficiencies or other field -encountered problems, which is beyond the scope and content of the approved grading plan and submitted applications, a revised or updated grading plan shall be submitted to the Director of Planning Building and Code Enforcement for review. The additional grading shall not be performed until the revised grading plan is approved by the Director, unless the remedial grading is of an urgent nature, necessary to abate a hazardous field -encountered condition. P.C. Resolution No. 95-3E- j. Page 5 of 6 8. All efforts shall be made to minimize impacts to the existing vegetation of the site. Where possible, mature trees or coastal sage scrub plants shall be avoided. Prior to the grading, the applicant shall walk the site with a designated Department of Planning, Building and Code Enforcement staff member to agree on an access path which minimizes plant disturbance. Any deviations from the approved path shall be approved by the Director of Planning, Building, Code Enforcement prior to the path deviation taking place. 9. An erosion control plan shall be prepared by the applicant to ensure that all appropriate measures are taken to control drainage and erosion on the access road. Erosion control measures shall include, but not limited to, regrading of the road, realignment of the road, recompaction of the road, the installation of berms and/or other drainage control devices. Said plan shall be submitted to the Director of Planning, Building, and Code Enforcement and the Director of Public Works for their review and approval, prior to the commencement of any grading activity. 10. The drilling site, and any part of the existing and/or proposed access road which will not be permanently maintained, shall be restored to its pre -construction condition. If determined necessary by the Director of Planning, Building and Code Enforcement, such restoration shall include the re- seeding of disturbed areas. 11. At the conclusion of the boring operation, a clear and readily accessible pedestrian trail shall be provided from the Palos Verdes Drive South right-of-way to the Sacred Cove beach. TS 18. RESCP129. PC P.C. Resolution No. 95-36. Page 6 of 6