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PC RES 1996-003P.C. RESOLUTION NO. 96-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 1819 TO ALLOW GRADING IN ASSOCIATION WITH AN AFTER -THE -FACT APPROVAL FOR OR A DECK BUILT INTO AND OVER AN EXTREME SLOPE AT 27520 ELMBRIDGE DRIVE WHEREAS, on May 31, 1995, the landowner submitted an application for Grading Permit No 1819 to allow an after -the -fact approval for grading for a deck which had been partially constructed into and over an extreme slope at 27520 Elmbridge Drive, and, WHEREAS, the application was deemed complete on May 31, 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), Staff found no evidence that Grading Permit No 1819, when performed in accordance with the specifications established by the City's engineering and geology consultants, would have a significant effect on the environment. Accordingly, the project has been found to be categorically exempt (Class I and Class III), and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a public hearing on June 27, 1995, July 11, 1995, September 12, 1995, October 10, 1995, November 11, 1995, and December 12, 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 DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS Section 1 That the grading is not excessive beyond that necessary for the permitted primary use of the lot, which is for a single family residence Although the quantity of grading exceeds what is generally allowed for accessory structures, the majority of the grading has already been completed, and only a minor amount of additional grading is anticipated to complete the project. In addition, removal of the structure and restoration of the slope would result in grading that is truly excessive for the primary use of the lot and is not warranted Section 2: That the grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from , neighboring sites, as the deck is located at the rear portion of the property, overlooking a canyon, and therefore is a significant distance (more than 100 feet) from its rear yard neighbor; and, that the deck shall be screened with landscaping to reduce aesthetic impacts to a level of insignificance Section 3 That the nature of the grading minimizes disturbance to the natural contours, and the finished contours are reasonably natural, since the lower level of the structure is semi -subterranean (set into the hillside) and will be landscaped to screen the deck, which will reduce the appearance of the altered slope and lower level of the deck as seen from adjacent properties Section 4 That the time within which the 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 5 For the foregoing reasons and based on the information and findings included in the Staff Report, the minutes of the public hearing, and all other records of the proceedings, the Planning Commission hereby grants Grading Permit No 1819, thereby approving the after -the -fact repair and expansion of the deck on the property located at 27520 Elmbridge Drive, subject to the conditions of approval contained in Exhibit' A," attached hereto and made a part hereof, which are necessary to preserve the public health, safety, and general welfare in the area PASSED, APPROVED, AND ADOPTED this 9th day of January 1996, by the following vote AYES Commissioners Alberio, Vannorsdall, and Whiteneck NOES NONE ABSTENTIONS Commissioners Cartwright, Fra d=in an al an Clark ABSENT NONE Bret BPern#d, AlgP Direct r of Mannini, Building, and Code Enforcement; and, Secretary to the Planning Commission Lawrence E Clark I�R b Chairman P.C. Resolution No. 96 -3 - Page 2 of 3 6-3v Page2of3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR GRADING NO. 1819 (27520 ELMBRIDGE DRIVE) The deck shall be constructed in substantial conformance to the approved set of plans dated 8/14/95 (received by the Department of Planning, Building, and Code Enforcement on December 7, 1995), with the exception of structural changes required by the City's Building and Safety Division 2 Any additional retaining walls not specifically identified as necessary to support the slope and deck structure shall require separate approval by the City 3. The applicant shall comply with all of the recommendations made by the City Geologist to ensure stability of the slope 4 In the event that a Planning Division requirement and a Building and Safety Division requirement are in conflict, the stricter standard shall apply. 5 The construction site 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 is not 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. 6. The maximum additional grading quantities shall not exceed those required solely for the installation of the caissons as reviewed and approved by the Building and Safety Division of the City 7. This permit is contingent upon full compliance withthe conditions of approval for Variance No. 392 regarding the construction of the deck. N \GR0UP\PLANNING\RES0S\GR1819 WPD P.C. Resolution No. 96-3 Page 3 of 3