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PC RES 2004-021 • • P.C. RESOLUTION NO. 2004-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING GRADING PERMIT (CASE NO. 2004-00201) FOR 1,150 CUBIC YARDS OF CUT TO ACCOMMODATE A NEW BASEMENT FOR 2950 TWIN HARBORS VIEW DRIVE (LOT NO. 1 OF TRACT NO. 50667) WHEREAS, on April 7, 2004 an application for a Grading Permit (Case No. 2004- 00201) was submitted to the Planning Department to allow 1,150 cubic yards of cut to accommodate a new basement for a new single-family residence; and, WHEREAS, on May 4, 2004 the subject application was deemed complete for processing; and, WHEREAS, pursuant to the provision of the California Quality Act, Public Resources Code Section 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 (Case No. 2004- 00201) 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, the Planning Commission held a public meeting on May 11, 2004, at which all interested parties were given the 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: The grading does not exceed that which is necessary for the permitted primary use of the lot, because the primary use of the lot is residential, and the proposed grading is to accommodate a subterranean basement, which is part of the residential use of the lot. Although the main reason for the basement area is to increase the size of the subject residence, the proposed grading and related basement does not exceed that which is necessary for the permitted primary use of the lot because the proposed project will comply with the maximum habitable area established for this specific lot. Further, the basement and related grading will not be noticeable from surrounding public and/or private property, as it is completely subterranean, with the exception of light/access wells required by the Uniform Building Code. Section 2: The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties P.C. Resolution No. 2004-21 Page 1 of 2 0 • because thep roposed grading will accommodate a subterranean structure and will not raise the ridgeline of the proposed structure as originally approved. Section 3: The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural because the subject site (Lot#1) wasp art of a mass grading operation to develop building pads to accommodate future residential homes. The subject site is a flat pad. As such, there will be no disturbance to natural contours because the proposed project will occur entirely below existing grade. Section 4: The grading conforms to the standards of Section 17.76.040(E)(9). Section 5: Any interested party may appeal this decision or any portion of this decision to the City Council. Pursuant to Section 17.02.040.C.1.j of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appp ro riate appeal fee, no later than fifteen (15) days following the date of the Planning Commission's adoption of this resolution. Section 6: For the foregoing reasons, and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the g Planning Commission of the City of Rancho Palos Verdes hereby approves Grading Permit (Case No. 2004-00201), thereby approving the grading of 1,150 cubic yards of cut to accommodate a new basement for a new one-story, single-family residence, subject to the conditions of approval in Exhibit "A". PASSED, APPROVED, AND ADOPTED this 11th day of May 2004, by the following vote: AYES: Commissioners Gerstner, Tetreault, Van Wagner, and Vice Chairman Cote NOES: Commissioner Knight ABSTENTIONS: None ABSENT: Commissioner Karp, Chairman Mueller .tf -7-1--/( 4k—e- C ii. e- Chairman Joel 'ojas, lire, tor of ' . ing, Building a- : Code En orcement; and, Secretary to the Planning Commission P.C. Resolution No. 2004- 21 Page 2 of 2 EXHIBIT"A" P.C. RESOLUTION NO. 2004-21 GRADING PERMIT(CASE NO. ZON2004-00201) CONDITIONS OF APPROVAL FOR GRADING OF LOT#1/TRACT NO. 50667 (2950 Twin Harbors View Drive) 1. Within 90 days of this approval, the owner shall submit a statement in writing that they have read, understand and agree to all the conditions of approval listed below. Failure to provide said written statement shall render this approval null and void. 2. Approval of this project does not, in any way, cause any changes to any of the conditions of approval or mitigation measures previously adopted for the Ocean Trails project. All previously adopted conditions of approval and mitigation measures shall remain in effect and are to be satisfied. 3. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4. Failure to adhere to any of these conditions shall result in the Planning, Building and Code Enforcement Department's suspension of this permit, and a stop on all construction work. Planning, Building and Code Enforcement Staff and/or the City's Geologist will be visiting the site during construction to verify compliance with these conditions. 5. The developer shall obtain a building permit for the proposed basement. The permit shall be subject to review and approval by the Director of Planning, Building and Code Enforcement, the Building Official, and the City Geologist. 6. This Grading Permit applies to Lot#1 of Tract No. 50667 only. Specifically, it is to accommodate a subterranean basement on Lot#1. The total amount of grading shall be no greater than 1,150 cubic yards of cut for the subterranean basement. 7. Prior to the issuance of Building Permits, the developer shall show on the plans a sump pump system that includes a back-up sump pump and back-up generator, subject to review and approval by the City's Building Official. Said sump pump system shall be installed prior to issuance of a Certificate of Use and Occupancy for the residence.