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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT
DATE: MARCH 18, 2003
SUBJECT: FINAL TRACT MAP NO. 52666 (APPLICANT: 3200 PALOS VERDES DRIVE WEST, LLC.)
Staff Coordinator: Ara Michael Mihranian, AICP, Senior Planner
Execute and file a Subdivision Improvement Agreement, an Affordable Housing Agreement, and authorize the recordation of Final Tract Map No. 52666.
On May 15, 2002, the applicant submitted Final Tract Map No. 52666 to the Planning, Building and Code Enforcement Department for approval. The approval of the Final Map is contingent on the applicant demonstrating that all Conditions of Approval of the Tentative Tract Map and requirements of the Rancho Palos Verdes Municipal Code (RPVMC) have been met. As such, it was determined that the applicant must pay the parkland dedication (Quimby) in-lieu fee, as well as file and execute a Subdivision Improvement Agreement prior to the Councilís approval of the Final Map.
On March 4, 2003 the City Council considered the applicantís request to record the Tract Map, as well as accepting the parkland dedication fee and executing the Subdivision Improvement Agreement. That same evening, the applicant requested that the City Council accept an Affordable Housing in-lieu fee rather than constructing the one (1) unit on-site required by the RPVMC. At its March 4th meeting, the Council discussed the applicantís request to accept an Affordable Housing in-lieu fee and determined that there are other options available to the applicant that accomplish the Cityís affordable housing requirement without having to construct a unit within the subject tract. The Council expressed a concern that accepting the applicantís offer to pay an affordable housing in-lieu fee would shift the burden of the State mandated requirement from the applicant to the City. Therefore, the Council decided that a new affordable housing unit should be constructed by the applicant, with the option to construct the unit at an off-site location,
provided that it remains within the City of Rancho Palos Verdes. As such, the Council directed Staff to prepare a revised Agreement that binds the applicant to constructing such a housing unit and continued the recordation of the Final Map to its March 18th meeting. Notwithstanding, the Council accepted the parkland dedication fee in the amount of $116,804.51 that evening.
Affordable Housing Unit Agreement
Pursuant to Council direction, the City Attorney prepared an Affordable Housing Agreement that requires the applicant to provide a new affordable housing unit within the Cityís boundary. In accordance to Section 17.11.040 of the RPVMC, the Agreement specifies that the location of the affordable housing unit shall be reviewed and approved by the Director and constructed and made available for occupancy prior to Certificates of Occupancy being issued for more than 50% of the units in the tract or 50% of the individual lots sold, whichever occurs first. Furthermore, the Agreement requires the applicant to post a bond with the City to ensure that the applicant provides such a unit.
A draft copy of the Agreement is attached to this Report for the Councilís review this evening. The applicant and his attorney are currently reviewing the specified terms and conditions of the Agreement. Staff anticipates that the applicant will accept and sign the Agreement by the meeting. Therefore, if the Council finds the terms and conditions to be acceptable, Staff seeks Council direction to execute and file the Agreement.
It should be noted that in addition to providing a new affordable housing unit on vacant property within the City, the applicant may wish to contact representatives from Ocean Trails or other developers, such as Standard Pacific, to seek a possible joint cooperative effort in providing the new affordable unit.
Subdivision Improvement Agreement
According to Section 16.20.140 of the RPVMC, the City Attorney prepared a Subdivision Improvement Agreement that specifies the improvements to be constructed and the period within which the improvement work shall be completed by the applicant. Furthermore, in the event the applicant fails to construct the improvements within the established time period, the Agreement specifies remedies within which the City can complete the improvement work and recover all costs and expenses from the applicant through the establishment of surety bonds or cash deposits.
The applicant and his attorney have reviewed and accepted the specified terms and conditions of the Agreement. A signed copy of the Agreement is attached to this Report for the Councilís review. If the Council finds the terms and conditions to be acceptable, Staff seeks Council direction to execute and file the Agreement.
It was reported to the City Council at its March 4th meeting that the City Engineer recommended that the grade elevation of the proposed street (Lunada Vista Drive) should be lowered so that a retaining wall and earth berm proposed to encroach onto property in the City of Palos Verdes Estates would no longer be necessary. However, in order to lower the street elevation, the grading quantities originally approved would increase from 16,500 cubic yards of earth movement to 24,900 cubic yards of earth movement. Furthermore, the change to the street grade would require 3,100 cubic yards of export rather than the approved 1,500 cubic yards of import.
In accordance to the adopted Conditions of Approval (Grading Condition No. 4), the proposed increase to the approved grading quantities shall be reviewed and approved by the Planning Commission as a revision to the grading application. As such, the Commission is scheduled to review the revised grading application at its March 25, 2003 meeting. A public notice was mailed to property owners within a 500-foot radius and published in the Peninsula News on March 8, 2003.
It should be noted that Staff does not believe that the increase to the grading quantities results in a substantive change to the design or layout of the Tract Map that would prevent the Council from approving the Final Map because the street elevation is proposed to remain in its original location, but at a lower grade elevation.
Based upon the above discussion, Staff recommends that the City Council: 1) Execute and file the Subdivision Improvement Agreement; 2) Execute and file the Affordable Housing Agreement; and 3) If deemed acceptable, authorize the recordation of the Final Map with the Los Angeles County Recorders Office.
In addition to Staffís recommendation, the following alternatives are available to the City Council:
1. Identify changes to the Subdivision Improvement Agreement and/or the Affordable Housing Agreement, and direct Staff to modify the Agreement(s) for consideration at a future meeting; or,