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PC RES 1996-006• P.C. RESOLUTION NO. 96-6 a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 1315 -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 COASTAL PERMIT NO. 77 -REVISION WHEREAS, the applicant, the Portuguese Bend Club Homeowners Association, has submitted an application for Grading Permit No 1315 -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), evidence that Grading Permit No. 1315 -Revision would have an effect on the environment Accordingly, a draft Mitigated Negative Declaration has been prepared and 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, a duly noticed public hearing was held 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 granting of the Grading Permit is in conformance with the following Development Code standards which are found in Section 17 50 070- a) The grading is not excessive beyond that necessary for the permitted primary use of the lot in that it has been, and will continue to be, a continual effort to slow down and hopefully eliminate the effects, including the destruction of several homes and the access roadway, of the active Portuguese Bend landslide Although there has been a significant quantity of material that has been moved already in association with the landslide, it is, and will remain, a necessary means in order to address and "keep up" with the moving terrain in the area. Therefore, the amount of earth movement is not excessive in this unique situation b) That the grading does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites since public views over the subject property are available from Palos Verdes Drive South Although the active landslide has substantially raised the level of the ground in the subject area, it has not impacted the ocean views from the roadway However, the views from some of the residential lots within the Portuguese Bend Club have been adversely effected by the landslide The proposed remedial grading will neither improve or adversely effect the existing views over the subject property In addition, the landslide activity has resulted in highly disturbed and barren terrain that could be considered unsightly The proposed project would replace the existing topography created by the landslide with more uniform, man-made slopes (as steep as 1 5 1) However, the re -contouring of the site would not significantly alter the overall appearance of the subject property Therefore, the project would not result in any adverse impacts to the views from, or visual relationships with the surrounding residential properties c) The subject area to be included in the grading activity has been highly disturbed for forty years, therefore, it is unlikely that there are any "natural" contours remaining throughout the area. The proposed grading is in response to, and intended to counteract, the landslide's disturbance to the natural contours in the area However, the proposed grading activity would create and maintain contours that would be more uniform and "man-made" in appearance Since these cut slopes are necessary to control drainage and erosion, and would only be visible to the residents within the Portuguese Bend Club, the goal of "reasonably natural" finished contours is outweighed by safety concerns in this particular case P C Resolution No 96-6 Page 2 of 5 Section 3: 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 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Initial Study, minutes, and records of the proceedings, the Planning Commission hereby Approves Grading Permit No 1315 -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. The approval is subject to the conditions contained in the attached Exhibit "A" which are necessary to protect the public health, safety, and welfare 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 ABSENT. NONE Bret B gergard, CP Director of lanni g, Building, and Code Enforcement, an , Secretary to the Planning Commission - - Q J"--*-' T. J a - Lawrence E. Clark, Chairman P C Resolution No 96-6 Page of 5 EXHIBIT "A" CONDITIONS OF APPROVAL FOR GRADING PERMIT NO. 1315 -REVISION (PORTUGUESE BEND CLUB) a) All grading activity (parameters thereof, cut, placement of material) shall conform to the grading plan date stamped as reviewed and accepted by Dr. Perry Ehlig, City Geologist, on May 2, 1994 b) Any modification from the approved grading plan shall be reviewed by the Director of Planning, Building, and Code Enforcement to determine whether or not further review and approval would be necessary by the City's Geological Consultant, Planning Commission and/or the California Coastal Commission. c) The Portuguese Bend Club Homeowners Association shall provide a written quarterly status report for review by the Director of Planning, Building, and Code Enforcement and City Geotechnical Staff (as deemed appropriate by the City) to verify consistency with approved plan, including the fill activity on the property owned by the City's Redevelopment Agency Said report shall include, but not be limited to, spot check elevations, when necessary after work has been completed Any discrepancy from the approved plan is subject to revocation of this Grading Permit by the Planning Commission. d) The Portuguese Bend Club Homeowners Association shall provide an annual verbal report to the Director of Planning, Building, and Code Enforcement Department and City Geotechnical Staff (as deemed appropriate by the City) on the progress of the grading activity and the future grading necessary to complete the project e) This project shall be remanded to the Planning Commission for review if, during the course of monitoring the project, it is demonstrated that the grading activity is not successful in its goals to help remediate the effects of the Portuguese Bend Landslide Either the City or the PBCHOA may render this Grading Permit as null and void by providing written notice to the other party, stating the reasons for the request, a minimum of 60 days in advance of the termination f) A subsequent letter requesting approval shall be submitted by the PBCHOA to the Planning, Building, and Code Enforcement Department for the material that is being and will be deposited on the adjacent property that is owned by the City's Redevelopment Agency -- as shown and approved on the current (May 2, 1994) grading plan. Approval shall be P C Resolution No 96-6 granted by the Redevelopment Agency for the placement of the material on their property Failure to submit the subsequent letter of request could result in the revocation of this Permit by the Planning Commission g) If the grading activity (cut and deposit of material) exceeds the contours of the approved plan or is substantially different than the approved plan, the Portuguese Bend Club Homeowners Association shall return to the Planning Commission for review of any proposed grading activity (hauling material off-site, etc ) that would occur beyond the boundary of the current project. h) The general area in which the earth material will be filled (Redevelopment Agency property) shall be further reviewed and approved by City Geotechnical Staff (as deemed appropriate by the City) to determine whether or not it is the most effective area for such activity i) Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building, and Code Enforcement, that the dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements for the control of dust. j) The project applicant shall comply with all applicable rules and regulations of the SCAQMD Including regulation XV and applicable AQMP control measures as they are Implemented k) A drainage plan shall be submitted for all sites affected by the grading activity to the City Engineer for review and approval, prior to the issuance of Grading Permits 1) The hours of construction shall be limited to 7 00 a m to 7 00 p m , or from dawn to dusk (whichever is greater) Monday through Saturday No construction shall be permitted on Sunday or on legal holidays m) All mechanical construction equipment shall be kept well tuned and, where possible, shall be equipped with muffler devices n) The PBCHOA shall obtain all other applicable permits which are necessary now, or in the future, from the appropriate agencies o) The PBCHOA shall comply with all mitigation measures as identified in Exhibit "A" of P C Resolution No 96-4 M:\USERS\FABIOD\WPWIN60\RESOLUTN\GR1315RE.WPD P C Resolution No 96-6 Page 5of5