Rancho Palos Verdes City Council

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: JULY 20, 2004

SUBJECT: TRACT MAP NO. 52666 (APPLICANT: 3200 PALOS VERDES DRIVE WEST, LLC.)

Staff Coordinator: Ara Michael Mihranian, AICP, Senior Planner

RECOMMENDATION

Adopt Resolution No. 2004-__ adopting Addendum No. 2 to Mitigated Negative Declaration / Environmental Assessment No. 708; and adopt Resolution No. 2004-___; conditionally approving Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282.

EXECUTIVE SUMMARY

In 2001, the City Council approved a 13-lot subdivision. The applicant is now asking the City Council to allow a reduction in the permitted grading quantities, an increase to the building pad elevations for Lots 1, 9, 10, 12, and 13, and to allow a 2-foot increase to the maximum roof ridgeline height for Lot 1 of Tract Map No. 52666. Staff believes that the proposed amendments will not result in adverse impacts and that the revisions are consistent with the findings made by the Council for the original tract. Staff therefore recommends that the Council adopt the requested amendments.

BACKGROUND

On September 4, 2001, the City Council adopted Resolution Nos. 2001-70 and 2001-71, adopting a Mitigated Negative Declaration and approving Tentative Tract Map No. 52666 to allow the division of a 3.92 acre lot into 13 residential lots with 16,500 cubic yards of grading. The Tract Map approved by the City Council is located within the RS-4 zoning district, on property at 3200 Palos Verdes Drive West, bound between the City of Palos Verdes Estates to the North, Alida Place to the South, Palos Verdes Drive West to the West and Via Victoria to the East.

On March 4, 2003, the City Council authorized the recordation of Final Tract Map No. 52666. The Final Map was subsequently recorded with the Los Angeles County Recorders Office on February 12, 2004. During the Council’s review of the Final Tract Map, the applicant submitted Revision ‘A’ to Tract Map No. 52666 and Grading Permit No. 2282 to allow an amendment to the grading quantities. Revision ‘A’ was to allow the proposed street elevation to be lowered to a height similar to the neighboring lots in the City of Palos Verdes Estates, as recommended by the City Engineer, in order to prevent the construction of a retaining wall originally planned along the City boundary line. At its March 25, 2003 meeting, the Planning Commission adopted P.C. Resolution No. 2003-10 amending the original approval of 16,500 cubic yards of earth movement with 1,500 cubic yards of import, to 24,900 cubic yards of earth movement with 3,100 cubic yards of export. The amended conditions are attached to this Staff Report. It should be noted that the Planning Commission approval increased the grading quantity originally approved by the City Council by 8,400 cubic yards. However, the Commission was able to make the required findings because the amount of earth being moved was less than the quantity assessed under the project’s Environmental Assessment.

On April 19, 2004, the project related grading commenced and soon thereafter the applicant approached the City to discuss modifying the pad elevations for the proposed lots located off Via Victoria and the lot located at the corner of Palos Verdes Drive West and Lunada Vista (new tract street). On June 15, 2004, the applicant submitted Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282 to allow a reduction in the grading quantities from 24,900 cubic yards to 22,100 cubic yards and to allow 900 cubic yards of export rather than the 3,100 cubic yards of export previously approved for the project. As a result of the decreased earth movement the building pad elevation for five (Lots 1, 9, 10, 12, and 13) of the proposed thirteen lots will increase in height. The increase in the pad elevations will not result in an increase to the permitted maximum roof ridgeline heights except for Lot 1. This proposed revision requires Council approval because of proposed changes to the grading quantities, permitted maximum pad elevations, and maximum roof ridgeline heights established by the City Council approved tract conditions of approval.

Pursuant to the City’s noticing procedures, the required public notice was published in the Peninsula News and circulated on July 3, 2004 to interested parties and property owners within a five hundred (500) foot radius of the subject property. To date, the City received no comment letters. In the event comments are submitted after the transmittal of this report, such letters will be distributed to the Council at the meeting.

ENVIRONMENTAL ASSESSMENT

In adopting the original Mitigated Negative Declaration, the City Council found: 1) that the project’s mitigation measures adequately address issues of aesthetics, water, air quality, noise, geology, and traffic/circulation; 2) that the proposed project is consistent with the Residential – Single Family 4 (RS-4) zoning district and the City’s General Plan’s Residential / 2-4 Dwelling Units per Acre Land Use designation; and 3) that the project’s mitigation measures reduce potential impacts to an insignificant level.

In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has determined that the proposed revision to the approved grading quantities, to allow the land division of a 3.92 acre lot into 13 lots for residential development, will require an Addendum to Environmental Assessment No. 708 and the Mitigated Negative Declaration prepared and adopted by the City Council under Resolution No. 2001-70. The proposed revision will not result in a substantive change to the design or layout of the tract, including the number of lots and respective lot area and dimensions. Furthermore, in terms of potential environmental impacts resulting from the increased grading quantities, the adopted Mitigated Negative Declaration analyzed a total of 11,300 cubic yards of imported fill. This calculation was based on the grading plans originally submitted by the applicant, which was significantly reduced at the time the Commission considered the Tentative Tract Map. Notwithstanding, the adopted Mitigated Negative Declaration determined that environmental impacts to neighboring properties can be reduced to a level of insignificance with the appropriate mitigation measures, such as dust control measures, restricted hours of construction, and a designated haul route. As such, since the proposed revised grading quantities currently before the Council remain significantly less than the quantities originally analyzed under the Mitigated Negative Declaration, no intensification or new impacts are introduced by the project. Therefore, no further environmental review is necessary other than an Addendum to the original Environmental Assessment and Negative Declaration, as shown in Exhibit "A" of Addendum No. 2.

DISCUSSION

According to Grading Condition No. 4 of Resolution No. 2001-71 (see attached Conditions, Page 8 of 12), grading revisions that result in a substantial increase to the approved grading quantities shall be reviewed and approved by the Planning Commission. All other proposed amendments are to be reviewed and approved by the City Council. Since the proposed revision consists of amendments to the grading quantities as well as established pad elevations and roof ridgeline heights, the City Council is required to consider the subject revisions.

Project Description

According to the applicant, the approved grading for the subject tract requires the construction of a series of 11-foot high retaining walls visible from proposed Lots 9, 10, and 13, located off Via Victoria. In order to reduce the height of the retaining walls and minimize their visual appearance, the applicant is proposing to raise the finished pad elevation for Lots 9, 10, and 13. The applicant is also requesting to raise the pad elevation for Lots 1 and 12. Raising the pad elevations will reduce the overall grading quantity for the tract from 24,900 cubic yards of earth movement to 22,100 cubic yards and will require 900 cubic yards of export rather than the permitted 3,100 cubic yards. Although the pad elevations will be raised, the maximum roof ridgelines established by the City to mitigate potential view impacts will not change for Lots 9, 10, 12 and 13. However, the maximum roof ridgeline for Lot 1, located off Palos Verdes Drive West, will increase by two feet. Staff’s analysis of this proposed change is discussed later in this report. The proposed grading revision will not alter the number of permitted lots, the lot dimensions, lot area nor the design of the tract except for the location of the driveway for Lots 9, 10 and 13.

Amendment to Grading

Staff has reviewed the revised grading plans and is of the opinion that since the amount of earth movement is being decreased by approximately 2,800 cubic yards and the amount of export is being reduced by 2,200 cubic yards, the change to the permitted grading quantities would not result in adverse impacts. In fact, at the time the City was processing the Tentative Tract Map, one of the concerns raised by the neighboring property owners was potential view impacts from the construction of the residences. As such, in making the required findings, the City adopted residential development conditions that, among other things, restrict the grade elevation of the finished pad proposed for each lot and establish a maximum roof ridgeline height for each of the proposed residences. These conditions are intended to mitigate potential view impacts that may result from future residential development. It should be noted that although the change to the grading will result in a change to the respective pad elevations for Lots 1, 9, 10, 12 and 13, the maximum roof ridgeline heights will not be changed, except for Lot 1, which is discussed in the following sections.

In accordance to Section 17.76.040(E) of the City's Development Code, Staff is of the opinion that the proposed change to the grading quantities is consistent with the findings made by the City Council in 2001 (see attached Resolution No. 2001-71). As such, Staff recommends that the project conditions related to the grading quantities, be amended as follows (the underlined text represents new language and the strike-out text represents deleted language):

Said approval shall allow a total of ~~24,900~~ 22,100 cubic yards of earth movement, consisting of ~~14,000~~ 11,500 cubic yards of cut and ~~10,900~~ 10,600 cubic yards of fill, of which ~~3,100~~ 900 cubic yards will be exported from the site. The maximum height of cut is 20 feet and the maximum height of fill is 15 feet. Any revisions that result in a substantial increase to the aforementioned grading quantities shall be reviewed and approved by the Planning Commission as a revision to the grading application.

Amendments to the Maximum Pad Elevation

To avoid an increase to the maximum roof ridgelines, (discussed in the following section), the applicant is proposing to create a split pad with an eight foot step for Lots 9, 10, 12 and 13. The use of a step will result in a structure design that has the appearance of a one-story structure when viewed from Via Victoria and a two-story structure when viewed from Palos Verdes Drive West (looking upward). As for Lot 1, the applicant is requesting to raise the finished pad elevation by two feet to create a minor transition slope between the building pad and Palos Verdes Drive West. The proposed changes to the building pad elevations will not adversely impact neighboring properties or drastically alter the design of the tract. Therefore, Staff believes that the findings made by the City Council in 2001 can still be made. As such, Staff recommends the following changes to Condition No. 5 of the Residential Development Standards for Individual Lots (the underlined text represents new language and the strike-out text represents deleted language):

LOT #	PAD ELEVATION	MAXIMUM HEIGHT	MAXIMUM RIDGE ELEVATION
1	~~276’~~ 278’	26’	~~302’~~ 304’
2	287’	26’	313’
3	298’	26’	324’
4	309’	26’	335’
5	320’	26’	346’
6	340’	26’	366’
7	345’	16’	361’
8	345’	26’	371’
9	~~374’~~ 385’	26’	400’
10	~~374’~~ 385’	26’	400’
11	350’	26’	376’
12	~~370’~~ 382’	26’	396’
13	~~374’~~ 385’	26’	400’

Amendments to the Maximum Roof Ridgeline Elevation

As previously noted, maximum roof ridgeline elevations were established by the City at the time the Tentative Map was approved to mitigate potential view impacts. Specifically, conditions were adopted that limited the height of structures, vegetation, fencing and other improvements. The proposed increase to the pad elevations to Lots 9, 10, 12, and 13, which are accessed off Via Victoria, will not result in an increase to the maximum roof ridgelines or other related improvements. As for Lot 1, which is accessed off Palos Verdes Drive West, the applicant is proposing to increase the maximum roof ridgeline height by two feet. The proposed ridgeline increase will not significantly impact views from neighboring properties since they do not maintain views in the direction of Lot 1. As for the lots within the tract, pursuant to the Council approved conditions, the future homes, including Lot 1, are approved to be two-stories at a maximum height of 26-feet. The applicant’s request to raise the roof ridgeline by two feet for Lot 1 will not significantly impair views taken from the upslope lots because protected views are already impaired by the nature of the tract’s design and the grade difference between lots. Therefore, Staff recommends approval of the applicant’s request that Condition No. 5 of the Residential Development Standards for Individual Lots be amended so that the maximum roof ridgeline height for Lot 1 is 304’ rather than 302’ as shown in the Table on the previous page.

ADDITIONAL INFORMATION

City Engineer Review

The revised grading plan is currently being reviewed by the City’s Engineer. Since the grading quantities are being reduced and the lot sizes, dimensions and configurations are not being changed, Staff does not anticipate problems with the proposal. Notwithstanding, Staff will update the Council with the City Engineer’s determination at the July 20^th meeting.

FISCAL IMPACT

The proposed grading revision will not impact the City’s coffers as all costs associated with the project are borne by the applicant.

ALTERNATIVES

The following alternatives are available for the City Council's consideration in addition to Staff’s recommendation (see page 1):

Deny Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282; or,

Identify any issues of concern with the proposed project, and provide the applicant with direction in modifying the project, and continue the public hearing to a date certain.

Respectfully submitted:

Joel Rojas, AICP

Director of Planning, Building

and Code Enforcement

Reviewed,

Les Evans

City Manager

ATTACHMENTS (some items may only be viewed at the Planning Department at City Hall)

Draft Resolution No. 2004-__ (Addendum to Mitigated Negative Declaration)

Draft Resolution No. 2004-__; and Conditions of Approval

P.C. Resolution No. 2003-10

Resolution Nos. 2001-70 and 2001-71

Site and Grading Plans

RESOLUTION NO. 2004-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION ‘B’ TO TRACT MAP NO. 52666 AND GRADING PERMIT NO. 2282 TO ALLOW A CHANGE TO THE PERMITTED GRADING QUANTITIES, PAD ELEVATIONS, AND MAXIMUM ROOF RIDGELINE ELEVATIONS.

WHEREAS, on September 4, 2001, the City Council adopted Resolution No. 2001-70 making certain environmental findings in association with Mitigated Negative Declaration / Environmental Assessment No. 708, and adopted Resolution No. 2001-71 approving, with conditions, Tentative Tract Map No. 52666 and Grading Permit No. 2282 to allow the land division of a 3.92 acre lot into thirteen (13) residential lots in the City’s designated RS-4 zoning district; and,

WHEREAS, on March 4, 2003 the City Council authorized the recordation of Final Tract Map No. 52666; and,

WHEREAS, on March 25, 2003, the Planning Commission adopted P.C. Resolution Nos. 2003-09 and 2003-10 making certain environmental findings in association with proposed amendments to the Tract conditions that would allow additional grading for the proposed street to prevent the construction of a retaining wall and earth berm along the City boundary line with the City of Palos Verdes Estates. The revised grading quantities approved by the Planning Commission allowed 24,900 cubic yards of earth movement rather than the original approved 16,500 cubic yards of earth movement (combined cut and fill). Furthermore, the change to the grading quantities requires 3,100 cubic yards of export rather than the approved 1,500 cubic yards of import; and,

WHEREAS, on February 12, 2004, Tract Map No. 52666 was recorded with the Los Angeles County Recorder’s Office and on April 19, 2004 the project related grading began; and,

WHEREAS, during the project grading and the design stage of the proposed residences, the applicant decided to modify the building pad elevations for five of the proposed thirteen lots resulting in less earth movement; and,

WHEREAS, on June 15, 2004 the applicant submitted Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282 that would reduce the amount of earth movement, increase the building pad elevation for Lots 1, 9, 10, 12, and 13, and would increase the maximum roof ridgeline elevation by two feet for Lot 1; and,

WHEREAS, upon an initial review of the revised grading application, it was determined that the revision to the originally approved grading quantities will not generate significant adverse noise, air quality or traffic related impacts to surrounding properties; and,

WHEREAS, pursuant to the provision of the California Environmental 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), the City of Rancho Palos Verdes found that the proposed project, in relation to the Initial Study and Mitigated Negative Declaration prepared for the land division project (Tentative Tract Map No. 52666, et. al.), will not result in an intensification of use, and that there is no substantial evidence that the approval of Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282 will result in a significant adverse effect on the environment. Accordingly, Addendum No. 2 to Mitigated Negative Declaration / Environmental Assessment No. 708 has been prepared in the manner required by law; and,

WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the City Council held a duly noticed public hearing on July 10, 2004 at which all interested parties were given the opportunity to be heard and present evidence; and,

WHEREAS, at its July 20, 2004 meeting, after hearing public testimony, the City Council adopted Resolution No. 2004-__ adopting Addendum No. 2 to Mitigated Negative Declaration / Environmental Assessment No. 708 finding that the revised grading plan will not result in a significant adverse effect on the surrounding environment pursuant to the requirements of the California Environmental Quality Act and the adopted Mitigation Monitoring Program and Mitigated Negative Declaration for the proposed project, referenced in City Council Resolution No. 2001-70.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The proposed grading revision will not alter the original approval to permit the division of a 3.92 acre lot into thirteen (13) residential lots. The proposed lots will maintain a minimum lot area of 10,000 square feet and a minimum contiguous lot area of 3,300 square feet, as required by the City’s Development Code and Subdivision Ordinance for lots located within the designated RS-4 (Single-Family Residential) zoning district. As proposed, nine (9) of the lots will maintain access off Palos Verdes Drive West via a new publicly dedicated street, and the remaining four (4) lots will be accessed off Via Victoria, an existing public street. The City Council finds that the proposed project is permitted within the RS-4 zoning district, and would not result in significant adverse environmental impacts. In making this finding, the City Council considered the project's mitigation measures that address the issues of Aesthetics, Views, Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water Quality.

Section 2: That the creation of thirteen (13) single-family residential lots is consistent with the provisions of the General Plan and the type of land use and density identified in the City’s General Plan, Residential / 2-4 Dwelling Units per Acre; and, as conditioned, is consistent with the City’s Development Code for projects within the RS-4 zoning district, and will not significantly impact the required land use.

Section 3: That the revised grading plan will not alter the City Council’s approval to create thirteen (13) single-family residential lots that are designed to comply with the minimum 10,000 square foot lot area requirement and the minimum 3,300 square foot contiguous lot area requirement for newly created lots in the City’s RS-4 zoning district; and that the newly created lots comply with the minimum lot width and depth standards required for the RS-4 zoning district.

Section 4: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract; and that the dedications required by local ordinance are shown on the Tentative Tract Map and/or are set forth in the attached Conditions of Approval.

Section 5: That the revised grading quantities will not alter the adopted conditions that mitigate or reduce significant adverse effects to adjacent properties or the permitted uses thereof and will maintain a project that will be sensitive and harmonious with the surrounding area.

Section 6: The revised grading quantities requires 22,100 cubic yards of associated grading to prepare the site for residential development, as conditioned through the attached Exhibit ‘A’ and through the adopted Mitigation Monitoring Program, as shown in Exhibit ‘A’ of Resolution No. 2001-70. As such, the City Council finds that the revised grading quantities will not result in significant adverse affects to topography; destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; affect any plant or animal species or result in the removal of any sensitive Plant Life or Animal Life; or create a wasteful or inefficient use of the energy already being consumed on the site.

Section 7: That the revised grading is not excessive beyond that necessary for the primary residential use since the earthwork is necessary to mitigate the issues of view impairment from within the tract, as well as outside the tract, to create development that is harmonious with the surrounding neighborhoods, and, in part, is necessary to improve access and drainage on the site.

Section 8: That the revised grading and its related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring sites since the grading will create building pads that allow view corridors of the ocean laterally over the lots and future residences and that changes to the maximum roof ridgeline elevations are not proposed for the lots located within the view corridors for those home located on Via Victoria. The manufactured 2:1 transitional slopes will be vegetated in a manner that protects the slopes from erosion and slippage, while minimizing the visual effects of the proposed earth movement.

Section 9: That the revised grading does not significantly alter the natural contours since the site was previously disturbed at the time the existing residence on the subject property was developed and the surrounding residential tracts were developed. The proposed earth movement is designed in a manner to resemble the site’s existing contours by integrating the man-made features, consisting of transitional slopes, into the building pads that gradually ascend from the western property line to the eastern property line.

Section 10: That the proposed revisions to the grade elevation of the public street is designed to resemble the existing contours of the site, originating off Palos Verdes Drive West and terminating at a cul-de-sac near the upper portion of the subject property. The revised street design will be reviewed and approved by the City’s Public Works Director, the City’s Building Official and the Los Angeles County Fire Department prior to issuance of grading permits.

Section 11: Pursuant to the City’s Development Code, new residential construction shall be developed in a manner that is consistent with the surrounding neighborhood, as it pertains to size, mass and bulk, architectural style and front yard setbacks, in order to preserve the character of established neighborhoods. As such, the adopted conditions require the design of the future residences be reviewed under the City’s "Neighborhood Compatibility" analysis through a Site Plan Review application, unless otherwise noted.

Section 12: The applicant has consulted the lists prepared pursuant to Section 65962.5 of the Government Code and has submitted a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and has specified any such list. The Lead Agency has consulted the lists compiled pursuant to Section 65962.5 of the Government Code, and has certified that the development project and any alternatives proposed in this application are not included in these lists of known Hazardous Waste and Substances Sites as compiled by the California Environmental Protection Agency.

Section 13: For the foregoing reasons, and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, the City Council of the City of Rancho Palos Verdes hereby approves Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282, thereby amending the tract conditions as follows (~~strikethrough~~ for text deleted and underlined for text added):

Grading Condition No. 4:

Development Standards For Individual Lots Condition No. 5:

*LOT #*	*PAD ELEVATION*	*MAXIMUM HEIGHT*	*MAXIMUM RIDGE ELEVATION*
1	~~276’~~ 278’	26’	~~302’~~ 304’
2	287’	26’	313’
3	298’	26’	324’
4	309’	26’	335’
5	320’	26’	346’
6	340’	26’	366’
7	345’	16’	361’
8	345’	26’	371’
9	~~374’~~ 385’	26’	400’
10	~~374’~~ 385’	26’	400’
11	350’	26’	376’
12	~~370’~~ 382’	26’	396’
13	~~374’~~ 385’	26’	400’

As such, the City Council hereby adopts the aforementioned modification to the Conditions of Approval, referenced herein as Exhibit "A." The original conditions, not amended herein, shall remain in full force and effect.

PASSED, APPROVED and ADOPTED this 20^th day of July, 2004.

________________________________

Mayor

ATTEST:

_________________________________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2004-__ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on July 20, 2004.

__________________________

City Clerk

RESOLUTION NO. 2004-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 2 TO ENVIRONMENTAL ASSESSMENT / MITIGATED NEGATIVE DECLARATION NO. 708 IN CONNECTION WITH THE APPROVAL OF REVISION ‘B’ TO TRACT MAP NO. 52666 AND GRADING PERMIT NO. 2282 TO ALLOW A CHANGE TO THE PERMITTED GRADING QUANTITIES, PAD ELEVATIONS, AND MAXIMUM ROOF RIDGELINE ELEVATIONS.

WHEREAS, on March 4, 2003 the City Council authorized the recordation of Final Tract Map No. 52666; and,

WHEREAS, on March 25, 2003, the Planning Commission adopted P.C. Resolution Nos. 2003-09 and 2003-10 making certain environmental findings in association with proposed amendments to the Tract conditions that would allow additional grading for the proposed street and to prevent the construction of a retaining wall and earth berm along the City boundary line with the City of Palos Verdes Estates. The revised grading quantities approved by the Planning Commission allowed 24,900 cubic yards of earth movement rather than the original approved 16,500 cubic yards of earth movement (combined cut and fill). Furthermore, the change to the grading quantities requires 3,100 cubic yards of export rather than the approved 1,500 cubic yards of import; and,

WHEREAS, on February 12, 2004, Tract Map No. 52666 was recorded with the Los Angeles County Recorder’s Office and on April 19, 2004 the project related grading began; and,

WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the City Council held a duly noticed public hearing on July 20, 2004 at which all interested parties were given the opportunity to be heard and present evidence.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: That the proposed revision to the originally approved grading quantities resulting from raising the building pad elevations for Lots 1, 9, 10, 12, and 13 will not result in a substantive change to the design, layout, number of lots and its respective lot area and dimensions of the Tract Map approved by the City Council on September 4, 2001. In making this finding, the City Council considered revised grading quantities in relation to the project's mitigation measures that address the issues of Aesthetics, Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water Quality.

Section 2: In terms of potential environmental impacts resulting from the proposed increase to the originally approved grading quantities, the City Council finds that the adopted Mitigated Negative Declaration analyzed a grading calculation with 11,300 cubic yards of imported fill and that the proposed revision to the approved grading quantities consists of 900 cubic yards of export which is significantly less earth movement. Furthermore, the City Council finds that the adopted Mitigated Negative Declaration determined that potential environmental impacts resulting from the project can be mitigated to a level of insignificance with appropriate mitigation measures, such as dust control measures, restricted hours of construction, and a designated haul route. Additionally, the increase to the building pad elevations for Lots 1, 9, 10, 12 and 13 will not result in potential view impacts since the maximum roof ridgeline elevations, established to mitigate potential view impacts, will not change except for Lot 1 which will not impact neighboring views.

Section 3: For reasons discussed in the Initial Study, which is incorporated in Resolution No. 2001-70, the project will not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable.

Section 4: The applicant has consulted the lists prepared pursuant to Section 65962.5 of the Government Code and has submitted a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and has specified any such list. The Lead Agency has consulted the lists compiled pursuant to Section 65962.5 of the Government Code, and has certified that the development project and any alternatives proposed in this application are not included in these lists of known Hazardous Waste and Substances Sites as compiled by the California Environmental Protection Agency.

Section 5: The mitigation measures set forth in Resolution No. 2001-70, as the Mitigation Monitoring Program, remain in full force and effect with the revised grading permit and are incorporated into the scope of the proposed project. These measures will reduce potential significant impacts identified in the Initial Study to a less than significant level.

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 City Council of the City of Rancho Palos Verdes hereby adopts Addendum No. 2 to mitigated Negative Declaration / Environmental Assessment No. 708, referenced herein as Exhibit ‘A’, in connection with the approval of Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282, thereby allowing a change in the originally approved grading quantities from 24,900 cubic yards of earth movement with 3,100 cubic yards of import to 22,100 cubic yards of earth movement (combined cut and fill) with 900 cubic yards of export.

PASSED, APPROVED and ADOPTED this 20^th day of July, 2004.

________________________________

Mayor

ATTEST:

_________________________________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

__________________________

City Clerk

EXHIBIT "A"

CONDITIONS OF APPROVAL – REVISION ‘A’ (MARCH 25, 2003)

TENTATIVE TRACT MAP NO. 52666, GRADING PERMIT NO. 2282 AND ENVIRONMENTAL ASSESSMENT NO. 708

GENERAL

Within ninety (90) days of this approval, the applicant and/or 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 approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void.

The developer shall supply the City with one mylar and copies of the map after the final map has been filed with the Los Angeles County Recorders Office.

This approval expires twenty-four (24) months from the date of approval of the tentative tract map by the City Council, unless extended per Section 66452.6 of the Subdivision Map Act and Section 16.16.040 of the Development Code. Any request for extension shall be submitted to the Planning Department in writing prior to the expiration of the map.

All existing structures, including but not limited to the existing single-family residence and detached garage, shall be demolished prior to recording the final tract map. A demolition permit shall be obtained by the City’s Building and Safety division prior to any demolition activity.

All lots shall comply with the lot criteria required by the Development Code for a RS-4 Zoning District, including the 10,000 square foot minimum lot area and the 3,300 square foot minimum contiguous lot area.

The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5 p.m. on Saturday. No construction shall be permitted on Sundays or on legal holidays unless otherwise permitted with the approval of a Special Construction Permit.

Unless specific development standards for the development of the lots are contained in these conditions of approval, the development of the lots shall comply with the requirements of Title 17 of the City’s Municipal Code.

SUBDIVISION MAP ACT

Prior to submitting the Final Map for recording pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from affected departments and divisions, including a clearance from the City’s Engineer for the following items: mathematical accuracy, survey analysis, correctness of certificates and signatures, etc.

COUNTY RECORDER

If signatures of record title interests appear on the final map, the developer shall submit a preliminary guarantee. A final guarantee will be required at the time of filing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders. The account for this preliminary title report guarantee shall remain open until the final map is filed with the County Recorder.

ARCHAEOLOGY

A qualified archaeologist shall make frequent periodic grading inspections to evaluate cultural resources on the site. If archaeological resources are found, all work in the immediate area shall stop and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Planning, Building and Code Enforcement immediately.

A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, the paleontologist shall stop all work in the affected area and all resources shall be excavated or preserved. All "finds" shall be reported to the Director Planning, Building and Code Enforcement immediately.

SEWERS

A bond, cash deposit, or other City approved security, shall be posted prior to recordation of the Final Map or start of work, whichever occurs first, to cover costs for construction of a sanitary sewer system, in an amount to be determined by the Director of Public Works.

Prior to approval of the final map, the subdivider shall submit to the Director of Planning, Building and Code Enforcement a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and state that the County is willing to maintain all connections to said trunk lines.

Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division.

Sewer easements are required, subject to review by the City Engineer, to determine the final locations and requirements.

Prior to construction, the subdivider shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division.

WATER

There shall be filled with the City Engineer a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six (6) months prior to issuance of the building permits.

Prior to recordation of the Final Map or prior to commencement of work, whichever comes first, the subdivider must submit a labor and materials bond in addition to either:

An agreement and a faithful performance bond in the amount estimated by the City Engineer and guaranteeing the installation of the water system; or

An agreement and other evidence satisfactory to the City Engineer indicating that the subdivider has entered into a contract with the serving water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system.

There shall be filed with the City Engineer a statement from the water purveyor indicating that the proposed water mains and any other required facilities will be operated by the water purveyor and that, under normal operating conditions, the system will meet the needs of the developed tract.

At the time the final land division map is submitted for checking, plans and specifications for the water systems facilities shall be submitted to the City Engineer for checking and approval, and shall comply with the City Engineer’s standards. Approval for filing of the land division is contingent upon approval of plans and specifications mentioned above.

All lots shall be served by adequately sized water system facilities that shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division. The City Engineer shall determine domestic flow requirements. Fire flow requirements shall be determined by the Fire Department and evidence of approval by the Fire Chief is required.

Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to said structures.

DRAINAGE

A bond, cash deposit, or combination thereof shall be posted to cover costs of construction in an amount to be determined by the City Engineer.

Prior to filing of the Final Map, the developer shall submit a hydrology study to the City Engineer to determine any adverse impacts to existing flood control facilities generated by this project. Should the City Engineer determine that adverse impacts will result, the developer will be required to post a cash deposit or bond or combination thereof in an amount to be determined by the Director of Public Works, which will be based on the project’s share of the necessary improvements.

Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work, whichever comes first:

Provide drainage facilities to remove the flood hazard to the satisfaction of the City Engineer and dedicate and show easements on the final map.

Eliminate the sheet overflow and ponding or elevate the floors of the buildings with no openings in the foundation walls to at least twelve inches above the finished pad grade.

Provide drainage facilities to protect the lots from high velocity scouring action.

Provide for contributory drainage from adjoining properties.

In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, 562-435-7741, shall be notified prior to commencement of work within any natural drainage courses affected by this project.

All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an earth tone color and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement.

STREETS

Prior to recordation of the Final Map or the commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof shall be posted to cover costs for the full improvement of all proposed public streets and related improvements, in an amount to be determined by the Director of Public Works.

The developer shall post an additional cash deposit, letter of credit, or combination thereof in an amount sufficient to cover the cost of full improvements of all facilities within the right-of-way of Palos Verdes Drive West and Via Victoria adjacent to the Tract. Said improvements may include, but are not limited to, A. C. paving, curb/gutter, sidewalk, drainage improvements, bikeways, bus stop improvements, medians and landscaping. The design of such improvements shall be subject to the adopted street standards and the approval of the Director of Public Works.

The proposed streets shall be "public" and designed to the satisfaction of the Director of Public Works, pursuant to the following specifications:

All proposed streets shall be thirty (30) feet in width, measured from flow-line. Right-of-way shall be a minimum of forty (40) feet. Parkway easement width shall be a minimum of four (4) feet on both sides. Parkway easement to be relatively flat and level with the curb. Planting and/or trees in the parkway easement shall be reviewed and approved by the Director of Public Works prior to planting.

Cul-de-sacs shall be designed to the specifications of the Director of Public Works.

Street and traffic signs shall be placed at all intersections and/or corners, as specified by the Director of Public Works, and shall meet City standards.

No improvements for the individual lots will be permitted within the street parkway easement without prior approval of the Director of Public Works. This includes, but is not limited to, grading, masonry, mailboxes, fences, walls and other types of structures.

All proposed streets shall be designed in substantially the same alignment, as shown on the approved tentative tract map, and to the above conditions.

Any raised and landscaped medians and textured surfaces shall be designed to standards as approved by the Director of Public Works prior to construction. The developer shall provide maintenance of such improvements.

No street lights

The contractor shall be responsible for repairs to any neighboring streets (those streets to be determined by the Director of Public Works) which may be damaged during development of the tract. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City approved security, in an amount sufficient to cover the costs to repair any damage to streets or appurtenant structures as a result of this development.

The applicant shall obtain approvals from the City of Palos Verdes Estates to allow the use of public streets for project related construction vehicles. In the event that the City of Palos Verdes Estates prohibits the use of public streets for project related construction vehicles, the applicant shall secure approvals from the City of Rancho Palos Verdes’ Public Works Director to allow a temporary break in the roadway median for use by construction vehicles only. The applicant shall be required to post a bond in an amount deemed acceptable by the City’s Public Works Director to repair the street median to its original condition, including landscaping.

The City, at its discretion, may permit the developer to make said improvements or use the above payments to make said improvements by the City, as determined by the Director of Public Works.

The developer shall pay traffic impact fees in an amount determined by the Director of Public Works upon acceptance of all public works improvements by the Director of Public Works.

UTILITIES

All utilities to and on the lots shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer’s expense.

GEOLOGY

Prior to recordation of the Final Map or commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the City Engineer.

All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a restricted use area in which the erection of buildings or other structures shall be prohibited.

Prior to issuance of grading or building permits, the developer shall submit a Geology and/or Soils Engineer’s report on the expansive properties of soils on all building sites in the proposed subdivision. Such soils are defined by Building Code Section 2904 (b).

An as-built geological report shall be submitted for structures founded on bedrock. An as-built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas.

EASEMENTS

Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets or highway access rights, building restriction rights, or other easements until after the final tract map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Tract Map.
A driveway easement, prepared to the satisfaction of the City Attorney, shall be recorded against Lots 10 and 12 allowing egress and ingress rights to Lots 9, 10 and 13.
Easements are required, subject to review by the City Engineer, to determine the final locations and requirements.
The existing 25 foot wide easements along the northern, southern and eastern property lines for road purposes, public utilities and bridle trails shall be abandoned by the developer upon a request to the Director of Planning, Building and Code Enforcement who shall set the matter for consideration by the City Council.

SURVEY MONUMENTATION

Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof shall be posted to cover costs to establish survey monumentation in an amount to be determined by the City Engineer.
Within twenty-four (24) months from the date of filing the Final Map, the developer shall set survey monuments and tie points and furnish the tie notes to the City Engineer.
All lot corners shall be referenced with permanent survey markers in accordance with the City’s Municipal Code.
All tract corners shall be referenced with permanent survey markers in accordance with the Subdivision Map Act.

STREET NAMES AND NUMBERING

1. Any street names and/or house numbering by the developer must be approved by the City Engineer.

PARK DEDICATION

Prior to recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes a Parkland Dedication in lieu fee which is to be calculated pursuant to the City’s Development Code.

GRADING

Prior to recordation of the Final Map or the commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof, shall be posted to cover the costs of grading in an amount to be determined by the City Engineer.

Prior to issuance of a grading permit, the applicant shall submit and obtain approvals of a demolition plan by the City’s Department of Public Works. The demolition plan shall indicate that all roadway material that is to be removed from the site be disposed of at an inert land fill so that it will not be categorized as solid waste and, instead, is counted as material that is diverted.

Prior to issuance of a grading permit by Building and Safety, the applicant shall submit to the City a Certificate of Insurance demonstrating that the applicant has obtained a general liability insurance policy in an amount not less than 5 million dollars per occurrence and in the aggregate to cover awards for any death, injury, loss or damage, arising out of the grading or construction of this project by the applicant. Said insurance policy must be issued by an insurer admitted to do business in the State of California with a minimum rating of A-VII by Best’s Insurance Guide. Said insurance shall not be canceled or reduced during the grading or construction work and shall be maintained in effect for a minimum period of one (1) year following the final inspection and approval of said work by the City, and without providing at least thirty (30) days prior written notice to the City.

Said approval shall allow a total of 22,100 cubic yards of earth movement, consisting of 11,500 cubic yards of cut and 10,600 cubic yards of fill, of which 900 cubic yards will be exported from the site. The maximum height of cut is 20 feet and the maximum height of fill is 15 feet. Any revisions that result in a substantial increase to the aforementioned grading quantities shall be reviewed and approved by the Planning Commission as a revision to the grading application. (AMENDED PER C.C. ON JULY 20, 2004)

A construction plan shall be submitted to the Director of Planning, Building and Code Enforcement prior to issuance of grading permits. Said plan shall include but not be limited to: limits of grading, estimated length of time for rough grading and improvements, location of construction trailer, location and type of temporary utilities. The use of rock crushers shall be prohibited.

Prior to filing the Final Map, a grading plan shall be reviewed and approved by the City Engineer and City Geologist. This grading plan shall include a detailed engineering, geology and/or soils engineering report and shall specifically be approved by the geologist and/or soils engineer and show all recommendations submitted by them. It shall also be consistent with the tentative map and conditions, as approved by the City.

A note shall be placed on the approved grading plan that requires the Director of Planning, Building and Code Enforcement to approve rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded site for accuracy of pad elevations, created slope gradients, and pad size by requiring the applicant to provide survey certifications of the pad elevations, slope gradients, and pad sizes.

Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code".

Prior to issuance of grading permits, the applicant shall submit a plan to the Director of Planning, Building and Code Enforcement that demonstrates the implementation of methods of control to prevent dust and windblown earth problems. Such methods may include, but not be limited to, requiring truck covers, on-site truck wash down, street sweeping and on-site grade watering. The approved methods shall be implemented by the developer during the grading and construction activities, and shall comply with the South Coast Air Quality Management District rule 403 and the City’s Municipal Code requirements for dust control.

Graded slope tops shall be rounded, slope gradients shall be varied, and no significant abrupt changes between natural and graded slopes will be permitted. All created slopes shall not be greater than 2:1. Slopes may be split between adjacent lots.

DEVELOPMENT STANDARDS FOR INDIVIDUAL LOTS

The Final Map shall be in conformance with the lot sizes and configurations shown on the Tentative Map for the RS-4 zoning district. All lots shall maintain a minimum lot size of 10,000 square feet, a minimum contiguous lot area of 3,300 square feet, which excludes setback areas and extreme slopes areas, and a minimum width of 75 feet and minimum depth of 100 feet, as defined by the Development Code.
No siting or grading for homes shall occur on existing extreme slopes (greater

than 35%), unless otherwise permitted by criteria set forth in the Development Code. Driveway slopes to individual homes shall conform to the standards set forth in the Development Code.

The private driveways shall meet Fire Department standards, including any painting or stenciling of curbs denoting its existence as a Fire Lane and turn-arounds.
Final building and site plans, including but not limited to grading, setbacks, elevations, lot coverage calculations, landscaping, and lighting shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval to determine conformance with the Development Code. The site plan shall clearly show all pad and ridgeline elevations. All residential development shall require the "Neighborhood Compatibility" analysis under a Site Plan Review application, or other appropriate applications.
The maximum building pad elevations and building heights for all main structures are limited as follows and shall be certified prior to issuance of final building permits (AMENDED PER C.C. ON JULY 20, 2004):

LOT #	PAD ELEVATION	MAXIMUM HEIGHT	MAXIMUM RIDGE ELEVATION
1	~~276’~~ 278’	26’	~~302’~~ 304’
2	287’	26’	313’
3	298’	26’	324’
4	309’	26’	335’
5	320’	26’	346’
6	340’	26’	366’
7	345’	16’	361’
8	345’	26’	371’
9	~~374’~~ 385’	26’	400’
10	~~374’~~ 385’	26’	400’
11	350’	26’	376’
12	~~370’~~ 382’	26’	396’
13	~~374’~~ 385’	26’	400’

Lot 7 shall not exceed a maximum height of 16 feet and no more than one-story, as defined by the City’s Development Code, unless a Height Variation application is approved by the City.
All heights shall be measured pursuant to Section 17.02.040 of the Rancho Palos Verdes Development Code.
The minimum roof pitch shall be of 3:12. No flat roofs shall be permitted, except as architectural features as permitted by the Director of Planning Building and Code Enforcement.
Accessory Structures shall not exceed a height of twelve (12) feet, as measured from the lowest pre-construction grade adjacent to the foundation wall to the top of the highest roof ridgeline.
The following table lists the maximum total structure size permitted for the primary residence, including habitable and non-habitable (garage included) floor area, for all of the homes on Lots 1 through 13:

LOT #	MAXIMUM TOTAL STRUCTURE SIZE
1	4,800 square feet
2	5,600 square feet
3	5,600 square feet
4	5,600 square feet
5	4,800 square feet
6	5,450 square feet
7	5,600 square feet
8	5,600 square feet
9	5,450 square feet
10	5,450 square feet
11	4,800 square feet
12	6,000 square feet
13	5,450 square feet

In all residences of the tract, the second story floor area shall not exceed 75% the first floor area including the attached garage. Furthermore, no more than 60% of the garage footprint shall be covered by the permitted second story floor area.
For Lot 1, the building facade facing Palos Verdes Drive West shall incorporate architectural features between the first and second floors that articulate the street facing elevation to the satisfaction of the Director of Planning, Building and Code Enforcement.
For Lots 9, 10 and 13, fences along Via Victoria shall not exceed 42" in height (including decorative features and light fixtures) and shall be of wrought iron material that is at least 80% permeable/open to light and air.
All foliage on private lots shall be maintained so not to create a significant view impairment from surrounding properties in accordance to Section 17.02.040 of the Rancho Palos Verdes Municipal Code. Furthermore, in no case shall foliage on Lots 9, 10 and 13 exceed an elevation of 400 feet (above sea level).
Unless otherwise noted herein, the proposed residences shall be subject to review and approval by the City for compliance with the standards set forth in the City’s Development Code under a Site Plan Review application, or other appropriate application.