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PC RES 1997-046P.C. RESOLUTION NO. 97-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT NO. 1886, FOR 478 CUBIC YARDS OF GRADING ON AN EXISTING VACANT LOT IN ORDER TO ACCOMMODATE A NEW 5,497 -SQUARE -FOOT, 2 -STORY RESIDENCE, LOCATED AT 7460 ALIDA PLACE WHEREAS, on July 9, 1996, the applicants, Mr. and Mrs. Leslie Kispal, submitted an application for Grading Permit No 1886, in conjunction with Height Variation No. 826, to allow for 478 cubic yards (445 cubic yards of cut and 33 cubic yards of fill) of grading to accommodate a new 5,497 2 -story single family residence/garage, and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 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 65962 5(f) (Hazardous Waste and Substances Statement), Staff found no evidence that Grading Permit No 1886 would have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt (Class 3, Section 15303), and, WHEREAS, on June 11, 1991, the Planning Commission adopted Resolution No. 91-27 approving a revision to Grading Permit No. 1151 as approved for Tract No 46422 (Alida Place Tract). The revision was necessary because the "As -Built" grading quantities was significantly less than the amounts approved with the Tentative Tract Map. As part of that approval, a condition was added requiring that, "Grading on Lots 1, 2, 4, and 7 is limited to less than 50 cubic yards per lot for landscaping, drainage, and other minor alterations. Grading in excess of 50 cubic yards, or grading to lower the pad elevations of each lot shall require review and approval by the Planning Commission"; and, WHEREAS, because the proposed project consists of greater than 50 cubic yards of grading, Grading Permit No 1886 requires approval by the Planning Commission; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 12, 1997 and September 9, 1997, at which time all interested parties were given an opportunity to be heard and present evidence regarding Grading Permit No. 1886 and Height Variation No. 826. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1: The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Development Code Chapter 17 96 (Definitions), because the proposed minor amounts of grading will lower the existing pad elevation, reduce the overall height of the proposed residence above grade, and provide driveway access to the proposed garage Section 2: The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties because the proposed grading will primarily consist of cutting into the existing grade to accommodate the proposed residence and driveway The cut will lower the profile of the house as seen from the street. In addition, the grading would reduce the potential for the residence to significantly adversely affect the protected views from surrounding residences Section 3: Because the subject site was mass graded in 1990, when the tract was developed, the existing contours on the site are manufactured and not natural. Except for some minor changes in existing contours to accommodate the proposed lower building pad, driveway and minor changes to the existing slope/retaining wall at the front of the property, the other areas of the property will maintain their existing contours. Since these changes are minor, there will be no significant impacts as a result of affecting the existing contours of the site. Section 4: The site was previously mass graded such that no natural topographic features remain on the subject property In addition, the proposed grading will not significantly affect the existing appearance of the property and the finished contours will blend with the existing manufactured slopes on the lot Section 5: The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because the lot has already been mass graded in 1990, and the type and amount of existing vegetation (ie. weeds) that would be removed is minimal. Section 6: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 80 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following September 9, 1997, the date of the Planning Commission's final action Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Grading Permit No 1886, thereby approving of 478 cubic yards of grading activity, in order to accommodate a new a 5,497 -square -foot, 2 -story single-family residence, including garage, on an existing vacant lot at 7460 Alida Place, subject to the conditions contained in Exhibit 'B', attached hereto and made a part hereof, which are necessary to protect the public health, safety and welfare in the area Resolution N• • '. Page of 4 0 AYES. Commissioners Cartwright, Clark, Slayden, Vice Chairman Whiteneck, and Chairman Vannorsdall. NOES Commissioner Alberio. Carolynn Peltu, AICP Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission P C Resolution No 97- 46 Page 3 of 4 EXNIBIT'B' CONDITIONS OF APPROVAL FOR GRADING PERMIT NO. 1886 (7460 Alida Place) 1) Within thirty (30) days following adoption of this Resolution, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution Failure to provide said written statement shall render this approval null and void 2) Construction of the project shall substantially conform to plans as approved by the Planning Commission on September 9, 1997, which are identified as "Single Family Residence, 7460 Alida Place, Rancho Palos Verdes, Ca. 90275", prepared by "Russell E Barto, AIA, Architect", and noted "Received August 25, 1997 Planning, Building & Code Enf' 3) In the event that a Planning requirement and Building & Safety requirement are in conflict with one another, the stricter standard shall apply. Additionally, in the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 4) 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 5) The project shall comply with all conditions of approval from City Council Resolution No 88-66 approved for Tentative Tract Map No 46422 6) Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter 7) The hours of construction shall be limited to 7:00 AM to 7,00 PM, Monday through Saturday No construction shall be permitted on Sundays or on legal holidays 8) The amount of grading permitted under this permit shall consist of a maximum 478 cubic yards [445 cubic yards of cut (165 cubic yards under the building footprint and 280 cubic yards outside of the building footprint), and 33 cubic yards of fill]. Any deviation from these grading amounts due to unexpected site conditions, shall be reviewed by the Director of Planning, Building and Code Enforcement (Director), and if deemed necessary by the Director, forwarded to the Planning Commission for review 9) The applicant shall comply with any recommendations or conditions specified by the City's Geotechnical Consultant N \GR0UP\PLANNING\RES0S\PC\GR1886 RES P C Resolution No 97-46 Page 4 of 4