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PC RES 1996-005P.C. RESOLUTION NO. 96-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING COASTAL PERMIT NO. 77 -REVISION, THEREBY APPROVING CONTINUAL REMEDIAL GRADING PURSUANT TO A SPECIFIC GRADING PLAN WITHIN THE PORTUGUESE BEND CLUB, IN CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT NO. 680 AND GRADING PERMIT NO. 1315 -REVISION WHEREAS, the applicant, the Portuguese Bend Club Homeowners Association, has submitted an application for Coastal Permit No 77 -Revision, to allow the continual remedial grading pursuant to a specific grading plan within the Portuguese Bend Club which is necessary for the maintenance of Yacht Harbor Drive and the protection of several homes from the active Portuguese Bend landslide, 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 Coastal Permit No 77 -Revision would have a significant effect on the environment Accordingly, a draft Mitigated Negative Declaration has been prepared and a notice of that fact was given in the manner required by law, and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on January 9, 1996, 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 prior to taking action on the proposed Portuguese Bend continual remedial grading project, the Planning Commission considered the information and findings contained in the draft Negative Declaration and determined that the document was prepared in compliance with the requirements of the California Environmental Quality Act and local guidelines, with respect thereto. Section 2: That the proposed project is in conformance with the Coastal Specific Plan since the project is necessary to prevent earth movement from the Portuguese Bend landslide from causing the deterioration and destruction of a portion of the Coastal Zone and coastal environment The project is also necessary to prevent earth movement from causing damage or destruction to at least four residences within the Portuguese Bend Club, as well as to Yacht Harbor Drive, a private road providing access to the homes and common recreational facilities in the lower portion of the development The project does s not create any significant environmental impacts since the exposed portion of the toe of the landslide, as well as the entire area that encompasses the grading, is devoid of all vegetation and consists of broken earth caused by the continual earth movement Moreover, the project is recommended by, and is being carried out under the supervision of the City's and Redevelopment Agency's Geotechnical Consultant to prevent property damage as well as control the movement of the active landslide. Section 3: That the proposed development, when located between the sea and the first public road, is in conformance with the applicable public access and recreation policies of the Coastal Act since the project involves excavation of earth at the exposed portion of the toe of an active landslide where general public access is not available or appropriate until the area is stabilized However, the project would preserve shoreline access for the Portuguese Bend Club residents, club members, and guests via Yacht Harbor Drive by allowing the road to be maintained in a usable condition Section 4: 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, minutes, and all other records of the proceedings, the Planning Commission hereby grants Coastal Permit No 77 -Revision, to allow the continual remedial grading pursuant to a specific grading plan within the Portuguese Bend Club which is necessary for the maintenance of Yacht Harbor Drive and the protection of several homes from the active Portuguese Bend landslide. PASSED, APPROVED, AND ADOPTED this 23rd day of January 1996, by the following vote: AYES- Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck, Vice Chair Vannorsdall, and Chairman Clark NOES. NONE ABSTENTIONS NONE �' .L.., M A, ABSENT. N Lawrence E Clark, Chairman Bret B Betnarp, A Director Qf Plahning/ Building, and Code Enforcement, and, ecretary to the Planning Commission M IUSERSIFABIODIWPWIN601RESOLUTN\CP77RE WPD P.C. Resolution No 96-5 Page 2 of 2