OCTOBER 4, 2005 TRACT MAP NO. 52666 (APPLICANT: 3200 PALOS VERDES DRIVE WEST, LLC.) OCTOBER 4, 2005 TRACT MAP NO. 52666 (APPLICANT: 3200 PALOS VERDES DRIVE WEST, LLC.) OCTOBER 4, 2005 TRACT MAP NO. 52666 (APPLICANT: 3200 PALOS VERDES DRIVE WEST, LLC.)

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: OCTOBER 4, 2005

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

Staff Coordinator: Ara Michael Mihranian, AICP, Senior Planner

RECOMMENDATION

Review the proposed revisions to the approved grading plan and the Affordable Housing Agreement, and if deemed acceptable, adopt Resolution No. 2005-__ adopting Addendum No. 3 to Mitigated Negative Declaration / Environmental Assessment No. 708; adopt Resolution No. 2005-___; conditionally approving Revision ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282, and provide direction to staff regarding proposed amendments to the Affordable Housing Agreement.

EXECUTIVE SUMMARY

In 2001, the City Council approved a 13-lot subdivision. The applicant is requesting the City Council allow an increase in the permitted grading quantities by 1,140 cubic yards to increase the buildable pad area for Lots 6, 7, 8, and 11. Additionally, the applicant is also requesting to amend the conditions relating to the residential development standards for Lot 7 to allow the building height to exceed the height limit of 16-feet to 26-feet without having to process a Height Variation permit. In order to accommodate the proposed grade changes, the applicant is requesting to vacate an existing shared driveway easement between lots 10 and 12 and to create new shared driveway easements between Lots 6, 7, 8, 10 and 11.

Staff believes that the proposed amendments to the grading quantities will not result in adverse impacts and that the revisions are consistent with the findings made by the Council for the original tract. However, Staff does believe that allowing Lot 7 to be developed with a two-story structure, at 26-feet in height, will result in a view impairment from the neighbor’s spa deck area (an unprotected viewing area) and therefore is recommending against this specific request.

Lastly, the applicant is requesting that the Council consider proposed amendments to the Affordable Housing Agreement as it relates to the development standards for the affordable housing unit and the time duration to construct the affordable housing unit.

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 Environmental Assessment evaluated grading at 26,550 cubic yards). The Tract Map approved by the City Council is located within the RS-4 zoning district, on property at 3200 Palos Verdes Drive West, 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 Planning Commission’s 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 October 5, 2004, the City Council approved 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 elevations for five (Lots 1, 9, 10, 12, and 13) of the proposed thirteen lots were increased in height. The increase in the pad elevations did not result in an increase to the permitted maximum roof ridgeline heights except for Lot 1.

PROJECT DESCRIPTION

The applicant is now requesting that the Council consider Revision ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282 to increase the permitted tract grading to allow larger buildable pad areas on Lots 6, 7, 8 and 11 and to allow Lot 7 to be developed with a two-story single-family residence. Additionally, the applicant is requesting to relocate and establish shared private driveways and to amend the affordable housing agreement.

The proposed revisions require Council approval because they constitute 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 September 17, 2005 to interested parties and property owners within a five hundred (500) foot radius of the subject property. To date, the City received 4 comment letters (see attachment). The issues raised in the public comment letters are discussed later in this Staff Report. In the event additional comment letters are submitted after the transmittal of this report, such letters will be distributed to the Council at the meeting.

DISCUSSION

The applicant is proposing a number of actions that require Council review and approval. A summary of the applicant’s requests is outlined below, followed by Staff’s recommendation:

1. Amendments to the approved Conditions of Approval for Tract Map No. 52666 and Grading Permit No. 2282 that seek to:

    1. Increase the permitted grading from 22,100 cubic yards to 23,140 cubic yards (net increase of 1,140 cubic yards) of earth movement. The purpose of the request is to allow larger buildable pad areas on Lots 6, 7, 8 and 11;
    2. Amend Condition No. 5 of the Residential Development Standards for Individual Lots to allow changes to the approved pad elevations and maximum ridgeline elevations;
    3. Amend Condition No. 7 of the Residential Development Standards for Individual Lots to allow Lot 7 to be developed with a two-story residence at a height of 26-feet.

For the reasons explained below, Staff is recommending approval of requests 1a and 1b and denial of request 1c.

2. Relocate and establish shared private driveway easements for Lots 6, 7, 8, 10 and 11.

For the reasons explained below, Staff is recommending approval of this request.

3. Amend the Affordable Housing Agreement related to the development standards for the affordable housing unit and the time duration to construct the affordable housing unit.

For the reasons explained below, Staff is seeking Council direction regarding this request.

Staff’s assessment of the applicant’s requested actions, as outlined above, is discussed in the following section. Included in the discussion is an explanation of Staff’s recommendation for each action item.

1. Amendments to the Tract Conditions

a. Amendments to the Grading Quantities

The Council first approved the subject tract with a condition that allowed 16,500 cubic yards of earth movement, consisting of 7,500 cubic yards of cut and 9,000 cubic yards of fill, of which 1,500 cubic yards would be imported to the site. Subsequent to the original approval, the City Council approved Revision ‘A’ that permitted the grading to increase from 16,500 cubic yards to 24,900 cubic yards in order to lower the grade elevation of the street (Lunada Vista Drive) and Revision ‘B’ that allowed a reduction in the grading quantities from 24,900 cubic yards to 22,100 cubic yards.

The applicant’s current request to amend the grading quantities is considered Revision ‘C’ and is to allow an increase in the total permitted grading from 22,100 cubic yards to 23,240 cubic yards (a net increase of 1,140 cubic yards of earth movement). The earth movement will consist of an additional 600 cubic yards of cut and an additional 540 cubic yards of fill, of which an additional 60 cubic yards of export will occur. According to the applicant, the purpose of the increased grading is to expand the buildable area for Lots 6, 7, 8, and 11.

In order to achieve the expanded buildable area desired by the applicant, the proposed grading revisions will result in the following changes to the tract:

Staff has reviewed the proposed changes described above and believes that the proposed changes do not result in adverse impacts to the surrounding neighborhood nor deviate significantly from the intent of the original approvals. This is because the grade changes will not be visible from neighboring properties and will not alter the dimensions for the tract lots. Furthermore, although the proposed amount of earth movement is increasing, the grading quantity (23,240 cubic yards) remains below the amount evaluated for the project’s original Environmental Assessment (26,550 cubic yards). It should be noted that the applicant’s initial submittal for Revision ‘C’, contemplated a much more extensive use of retaining walls throughout Lots 6, 7, 8, 11 and 12. In fact, the applicant was proposing to increase the buildable pad area of these lots by grading on the transition slopes surrounding the front, side and rear portions of these lots. Staff felt that the initial Revision ‘C’ plan’s use of retaining walls along the front property line most visible from the street and from the properties down slope, was not in substantial conformance with the original approvals and degraded the intended appearance and functional purpose of the transition slopes. As such, the applicant revised the plans so that no retaining walls, aside from some garden walls (less than 3-feet in height), would be proposed along the front property lines for these lots.

In accordance with 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 Grading Condition No. 4 be amended as follows (the underlined text represents new language and the strike-out text represents deleted language):

Grading Condition No. 4

Said approval shall allow a total of 22,100 23,240 cubic yards of earth movement, consisting of 11,500 12,100 cubic yards of cut and 10,600 11,140 cubic yards of fill, of which 3,100 1,660 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.

b. Amendments to the Maximum Pad Elevation and Maximum Roof Ridgelines

The applicant is requesting to increase the finished pad elevation for Lot 6 and Lot 8 by 5-feet in height that in turn will also result in an increase to the maximum roof ridgeline elevations for the homes on these lots by 5-feet. 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, establish a maximum roof ridgeline height for each of the proposed residences, and limit the height of vegetation, fencing and other improvements. These conditions are intended to mitigate potential view impacts that may result from future residential development. According to the adopted Conditions, Lots 6 and 8 are approved to have a 26-foot high structure (see table below). Staff has evaluated the proposed increase to both the pad elevation and the maximum roof ridgeline elevation for Lot 6 and 8 and is of the opinion that such a change will not result in view impairment to the properties upslope because of the substantial grade differential between Lots 6 and 8 and the neighboring properties. In fact, Lot 6 is approximately 50-feet lower in elevation from the upslope lot off Via Victoria and the Lot 8 is approximately 25-feet lower in elevation from the upslope lot that happens to be Lot 9 of the subject tract.

Staff received a comment letter from the neighbor (30103 Via Victoria) adjacent to Lot 12 expressing a concern that an increase to the maximum roof ridgeline height established by the conditions would result in a view impairment from his residence. Staff has informed the neighbor that no change to the maximum roof ridgeline height for Lot 12 is being considered and that the maximum height will remain at an elevation of 396’ as conditioned.

Therefore, Staff believes that the findings made by the City Council in 2001 can still be made with regards to the pad elevations and maximum ridgelines. 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

278’

26’

304’

2

287’

26’

313’

3

298’

26’

324’

4

309’

26’

335’

5

320’

26’

346’

6

340’ 345’

26’

366’ 371’

7

345’

16’

361’

8

345’ 350’

26’

371’ 376’

9

385’/374’ (split level)

15’/26’

400’

10

385’/374’ (split level)

15’/26’

400’

11

350’

26’

376’

12

382’/373’ (split level)

14’/23’

396’

13

388’/385’ (split level)

12’/15’

400’

* The Maximum Heights are based on the proposed Pad Elevations and the Maximum Ridge Elevation. In no way can the maximum height of the structure exceed the Maximum Ridge Elevation for each lot.

c. Two-Story Structure on Lot 7

At the time the Council reviewed the Tentative Tract Map, a concern was raised from the neighbor directly upslope from Lot 7 at 30011 Via Victoria regarding potential view impacts, specifically from the spa deck area, that would occur if a two-story structure is constructed on that lot. The neighbor’s concern was that the finished grade of the tract would not be physically known until the grading was completed and he was not able to accurately evaluate the potential view impacts that may be caused by a two-story structure until the grading was completed. He requested that the Council limit the height of the structure on Lot 7 to 16-feet. Although the spa deck area is not a protected viewing area, in response to the neighbor’s concern, the Council protected views from the spa deck area until further analysis could be conducted, by establishing the following Condition No. 6 under the Development Standards For Individual Lots:

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.

The applicant is now requesting that the Council consider eliminating the above condition and allow Lot 7 to be developed with a two-story residence at a maximum height of 26-feet without processing a Height Variation application. The applicant’s rationale for such a change is that the tract grading for this particular lot has now been roughly completed so that the City can accurately evaluate the potential view impacts that may result from a two-story structure. Based on the applicant’s request, Staff instructed the applicant to erect a project silhouette that would depict the building envelope, including the footprint and height, of the desired structure. The applicant erected a project silhouette accompanied by a silhouette certification and architectural plans. Staff has viewed the silhouette from the residence at 30011 Via Victoria and is of the opinion that if Lot 7 were to be developed with a two-story structure, at a maximum height of 26-feet, there would be no significant view impairment from the viewing area of the interior of the residence.

However, the view from the spa deck area of this residence would be significantly impaired by a two-story structure at 26-feet in height. Although the spa deck area is not a protected viewing area according to the City’s Code and Guidelines, it was the Council’s previous intent to protect the views from the spa deck area. Thus if the condition was left as written, the view findings of the Height Variation would require the City to assess the view from the protected viewing area and not the spa deck area. Based on the project silhouette that has been erected, it appears that the view findings could be made in a positive manner to allow the construction of a two-story structure at 26-feet in height. Therefore, since it was the City Council’s original intent to protect the view from the spa deck area at 30011 Via Victoria, Staff recommends that Condition No. 6 be modified as follows to maintain the Council’s previous direction:

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.

2. The Relocation and Establishment of Shared Private Driveway Easements

The final tract map that was recorded with Los Angeles County included a shared private driveway easement on Lots 10 and 12 allowing egress and ingress rights to Lots 9, 10 and 13. After further review of the design of the tract and the placement of the residences, the applicant felt that it did not make sense to provide a driveway easement along the rear portion of these lots where the views of the Pacific Ocean are oriented. Therefore, the applicant would like the easement to be relocated to the front portion of the lots (as shown on the attached plan). Additionally, the proposed grade changes to Lots 6, 7, 8 and 11 described earlier will require the applicant to reconfigure the driveways that serve these lots from the street (Lunada Vista). Furthermore, in order to comply with the minimum width dimensions for a driveway (minimum 10-foot width), as stated in Section 17.02 of the Development Code, the applicant will be required to record private shared driveway easements on Lots 6, 7, 8 and 11.

According to the State Subdivision Map Act, Section 66472.1, the final tract map can be amended to address the private driveway easements by filing an amendment to the recorded map, provided that this process is authorized by the Municipal Code. Section 16.28.010 of the Municipal Code incorporates the provisions of Government Code Section 66472.1. Accordingly, Staff recommends that Easement Condition No. 2 be amended to state:

A Prior to the sale of Lots 6, 7, 8, 9, 10, 11, 12 or 13, the Final Map shall be amended by an amending map that shall be recorded with the County of Los Angeles so that private driveway access easements, prepared which are satisfactory to the satisfaction of the City Attorney and the City Engineer, shall be recorded against lots 10 and 12 allowing are located on Lots 6, 7, 8, 10, 11 and 12, which allow egress and ingress rights to Lots 6, 7, 8, 9, 10, 11, and 13.

During the public comment period, a letter was submitted from the neighbor at 30034 Via Victoria expressing a concern regarding the driveway curb cut that serves Lots 9, 10, 13 and 12. They believe that the design of the access point will not be able to accommodate low lying or long wheel span vehicles, thereby forcing such vehicles to be parked along the street (Via Victoria) and thereby causing a view impairment. The driveway curb cut has been designed and constructed in compliance with City specifications required by the Public Works Department. In fact, the sidewalk and curb cut recently passed inspections by the Public works Department.

3. Amendments to the Affordable Housing Agreement

The affordable housing agreement that was approved previously by the City Council requires the developer to construct one new affordable housing unit within the City. The unit may be an attached or detached unit, which must be sold to a "Low Income Household." The affordable unit must have a covenant recorded against it, which requires it to be maintained as such for a period of thirty years. Under the Agreement, the affordable unit must be available for sale prior to the earlier of the issuance of certificates of occupancy for six of the homes or the sale of no more than six lots in the Tract.

A. Because of the high cost of land within the City, the Developer is proposing to purchase a lot and develop it with a main dwelling and a second affordable housing unit. Accordingly, the Developer is requesting that the affordable housing agreement be amended to allow the unit to be a rental unit rather than a for-sale unit.

Staff does not object to this change, although monitoring of the status of a rental unit, which is located on a single family residential property, probably will require more time than monitoring the sale of an affordable unit. If this change is made to the agreement, Staff recommends that the agreement require the affordable unit to have separate utility meters so that the occupants will have the utilities in their name. In addition, Staff also recommends that the property owner be required to provide notice to Staff each time that a new rental agreement is entered into, which shall be accompanied by evidence of the income level of the occupants, as well as an annual report of the status and occupancy of the affordable unit. Staff also recommends that the agreement require that the unit must be rented to a low-income household for a minimum of nine months out of every calendar year.

B. In addition, the Developer also is requesting the size of the affordable unit be reduced from 1200 square feet to 1000 square feet, if the unit is to be attached to the main dwelling. Staff does not object to this provision, provided that the agreement clearly state that under no circumstances can the affordable unit be modified so that it is incorporated into the primary dwelling during the mandatory thirty year period that it must be offered for rent to a low-income household.

C. Currently, the agreement provides that the affordable unit must be available for sale prior to the earlier of the issuance of certificates of occupancy for six of the homes or the sale of no more than six lots in the Tract. The Developer is requesting that this requirement be changed so that the affordable unit would not have to be constructed and available for rental until the earlier of the issuance of certificates of occupancy for twelve of the thirteen homes or the sale of no more than twelve lots in the Tract.

Staff does not object to delaying the availability of the affordable unit for rent, but suggests that eleven lots or homes be used rather than twelve, so that the affordable unit would be available for sale or rent prior to the sale of eleven of the lots or the issuance of the certificate of occupancy for the last two homes in the Tract.

Staff is seeking direction from the City Council regarding the amendments that are requested by the Developer.

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 26,550 cubic yards of grading. 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 is 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. 3.

ADDITIONAL INFORMATION

Pools in the Front Yard

In addition to the proposed grading revisions, the applicant is requesting that the City Council consider allowing swimming pools within the front yards of Lots 8 and 11. Although, pools are not prohibited from being placed in the front yard as long as they are located outside the required front yard setback area, the City’s fencing restrictions prevent pools from being built in most front yards. Specifically, the Code requires that pools and spas be enclosed by a minimum 5-foot high fence, but also restricts fences and walls within the area between the street property line and the closest building facade to the street to 42-inches in height.

If the applicant’s desire is to place a pool within the front yard area of Lots 8 and 11 with a 5-foot high fence, a Minor Exception Permit will need to be approved at Staff level to allow a fence to exceed the 42-inch height limit. Therefore, Staff recommends that such an application be filed and processed at the time the house plans are being reviewed by the Planning Department.

Landscaping Along the Palos Verdes Drive West Median

During the public comment period, a letter was submitted from a property owner residing on Alida Place asking that the City require the developer to landscape the median along Palos Verdes Drive West between the City boundary line with Palos Verdes Estates and 200 yards south of Alida Place. As some Council members may recall, this matter was raised in 2001 at the time the City Council was reviewing the tentative tract map. At that time, it was believed that the developer would have to temporarily modify the median to accommodate construction vehicles. The Council stated that if the median is modified to accommodate the proposed development, than the developer should be responsible to restore and landscape the median accordingly. However, the median was not modified or altered as a result of this project since the developer made other arrangements with the City of Palos Verdes Estates to bring construction vehicles to the project site.

Geology Review

The City’s Geotechnical Engineer has reviewed the proposed amendments to the grading plan, as well as an addendum to the geotechnical report, and has conceptually approved the changes. However, he is requesting that detailed geotechnical reports be submitted for each lot at the time development is proposed.

City Engineer Review

The City Engineer has also reviewed the proposed amendments to the grading plan as is of the opinion that the changes are in substantial conformance with the original tract map. Additionally, the City Engineer does not believe the revisions to the grading quantities will result in any new impacts to the site or surrounding neighborhood.

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):

  1. Deny Revision ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282; or,
  2. 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

RESOLUTION NO. 2005-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 3 TO ENVIRONMENTAL ASSESSMENT / MITIGATED NEGATIVE DECLARATION NO. 708 IN CONNECTION WITH THE APPROVAL OF REVISION ‘C’ 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 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, 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 October 5, 2004, the City Council adopted Resolution Nos. 2004-89 and 2004-90 making certain environmental findings in association with the approval of Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282 that allowed the amount of earth movement to be reduced to accommodate an increase to the building pad elevation for Lots 1, 9, 10, 12, and 13, and an increase to the maximum roof ridgeline elevation by two feet for Lot 1; and,

WHEREAS, the applicant is requesting Revision ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282 to increase the buildable pad area for Lots 6, 7, 8 and 11 through additional grading. The increase to the grading will result in an increase to the pad elevations and the maximum roof ridgelines by 5-feet for Lots 6 and 8, and an increase of the pad elevation by 1-foot to Lot 7.

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 Regulations, 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 ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282 will result in a significant adverse effect on the environment. Accordingly, Addendum No. 3 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 October 4, 2005, at which all interested parties were given the opportunity to be heard and present evidence; and,

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 in the increase of the buildable pad area for Lots 6, 7, 8, and 11, and the increase to the building pad elevations and the maximum roof ridgeline elevations for Lots 6 and 8, and the increase to the building pad for Lot 7 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 change to the originally approved grading quantities, the City Council finds that the adopted Mitigated Negative Declaration, which analyzed a grading application with 26,550 cubic yards of earth movement, analyzed all of the potential environmental impacts relating to this project. The proposed revision to the approved grading quantities reduces the amount of grading, which is significantly less earth movement than was originally proposed. 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 6 and 8 will not result in potential view impacts since the maximum roof ridgeline elevations, which will increase by 5-feet, will be substantially lower than the neighboring lots outside the tract. Accordingly, the proposed changes to the project do not raise any environmental impacts that have not already been analyzed in the initial study and negative declaration, which was prepared previously for the project, and which have been mitigated to a level of insignificance due to the mitigation measures that were imposed previously.

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. 3 to mitigated Negative Declaration / Environmental Assessment No. 708, referenced herein as Exhibit ‘A’, in connection with the approval of Revision ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282, thereby allowing a change in the originally approved grading quantities from 22,100 cubic yards of earth movement to 23,240 cubic yards of earth movement (combined cut and fill).

PASSED, APPROVED and ADOPTED this 4th day of October 2005.

___________________

Mayor

Attest:

______________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, CAROLYNN PETRU, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 4, 2005.

_______________________

City Clerk

RESOLUTION NO. 2005-__ – EXHIBIT A

ADDENDUM NO. 3 TO ENVIRONMENTAL ASSESSMENT/

MITIGATED NEGATIVE DECLARATION (EA/ND) NO. 708

October 4, 2005

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), City Council has determined that the proposed revision to the approved grading quantities 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 26,550 cubic yards of grading. 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 are significantly less than the quantities originally analyzed under the Mitigated Negative Declaration, no intensification or new impacts are introduced by the project. Furthermore, the City Council finds that the revision is within the scope of Mitigated Negative Declaration / Environmental Assessment No. 708 that was prepared and adopted in conjunction with Tentative Tract Map No. 52666 and Grading Permit No. 2282 that were adopted on September 4, 2001 by the City Council. Therefore, no further environmental review is necessary.

RESOLUTION NO. 2005-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION ‘C’ 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 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, 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 October 5, 2004, the City Council adopted Resolution Nos. 2004-89 and 2004-90 making certain environmental findings in association with the approval of Revision ‘B’ to Tract Map No. 52666 and Grading Permit No. 2282 that allowed the amount of earth movement to be reduced to accommodate an increase to the building pad elevation for Lots 1, 9, 10, 12, and 13, and an increase to the maximum roof ridgeline elevation by two feet for Lot 1; and,

WHEREAS, the applicant is requesting Revision ‘C’ to Tract Map No. 52666 and Grading Permit No. 2282 to increase the buildable pad area for Lots 6, 7, 8 and 11 through additional grading. The increase to the grading will result in an increase to the pad elevations and the maximum roof ridgelines by 5-feet for Lots 6 and 8, and an increase of the pad elevation by 1-foot to Lot 7.

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, 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 October 4, 2005 at which all interested parties were given the opportunity to be heard and present evidence. After considering public testimony, the City Council adopted Resolution No. 2005-__ adopting Addendum No. 3 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. The revised grading results increased earth movement by raising the building pads elevations for Lots 6, 7 and 8 and cutting into the transition slopes to allow for an increased buildable pad area. The changes to the grading will result in a 5-foot increase to the pad elevations for Lots 6 and 8 and a 1-foot increase to Lot 7. The maximum roof ridgeline heights originally established by the City Council in Attachment ‘A’ of Resolution No. 2001-71, will increase by 5-feet for Lots 6 and 8, but will not result in a view impairment to neighboring properties because of the grade differential between these lots. Furthermore, the lot upslope from Lot 8 is a part of the subject tract and has been designed to maintain view laterally across Lot 8. However, as to the request to add a second story to the home that is to be constructed on Lot 7, that request is denied because of the potential for the impact upon the view from the spa deck area of the existing home that is located at 30011 Via Victoria.

Section 6: The revised grading quantities requires 23,240 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. Furthermore, an additional geotechnical study was conducted for the revised grading application and conditionally approved by the City’s Geotechnical Engineer.

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 the natural topography of the site, and, in part, is necessary to improve access and drainage on the site.

Section 8: Other than the second story that the developer proposes to add to the home on Lot 7, 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 only proposed for Lots 6 and 8 which are located at elevations that are lower than the upslope properties. The manufactured 2:1 transitional slopes will be vegetated in a manner that protects the slopes from erosion and slippage, provides open space between building pads, 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 final tract map was recorded with a shared easement recorded against Lots 10 and 12 allowing egress and ingress rights to Lots 9, 10 and 13. The applicant proposes to relocate and establish shared private driveway easements in accordance to the State Subdivision Map Act, Section 66472.1, that states a final tract map can be amended to address the matter regarding the private driveway easements provided the process is authorized by the Municipal Code. Section 16.28.010 of the Muncipal Code incorporates the provisions of the Government Code. Accordingly, conditions are imposed on the project that require the final tract map be amended to incorporate a shared private driveway easement on Lots 6, 7, 8, 10, 11 and 12 for egress and ingress purposes to Lots 6, 7, 8, 9, 10, 11 and 13.

Section 13: 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 14: For the foregoing reasons, and based on the information and findings included in the Staff Report, Minutes, and other records of proceedings, other than the second story that is proposed to be added to the home that is to be constructed on Lot 7, the City Council of the City of Rancho Palos Verdes hereby approves Revision ‘C’ 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):

Said approval shall allow a total of 22,100 23,240 cubic yards of earth movement, consisting of 11,500 12,100 cubic yards of cut and 10,600 11,140 cubic yards of fill, of which 3,100 1,600 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.

LOT #

PAD ELEVATION

MAXIMUM HEIGHT

MAXIMUM RIDGE ELEVATION*

1

278’

26’

304’

2

287’

26’

313’

3

298’

26’

324’

4

309’

26’

335’

5

320’

26’

346’

6

340’ 345’

26’

366’ 371’

7

345’

16’

361’

8

345’ 350’

26’

371376’

9

385’/ 374’ (Split Level)

15’ / 26’

400’

10

385’/ 374’ (Split Level)

15’ / 26’

400’

11

350’

26’

376’

12

382’/373’ (Split Level)

14’ / 23’

396’

13

388’/385’ (Split Level)

12’ / 15’

400’

* The Maximum Ridgeline Elevation shall be the controlling number, not the Pad Elevation

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.

A Prior to the sale of Lots 6, 7, 8, 9, 10, 11, 12 or 13, the Final Map shall be amended by an amending map that shall be recorded with the County of Los Angeles so that private driveway access easements, prepared which are satisfactory to the satisfaction of the City Attorney and the City Engineer, shall be recorded against lots 10 and 12 allowing are located on Lots 6, 7, 8, 10, 11 and 12, which allow egress and ingress rights to Lots 6, 7, 8, 9, 10, 11, and 13.

As such, the City Council hereby adopts the aforementioned modification to the Conditions of Approval, referenced herein as Exhibit "A." Except as expressly amended herein, the original conditions of approval of this project, as previously amended revisions ‘A’ and ‘B’ shall remain in full force and effect.

PASSED, APPROVED and ADOPTED this 4th day of October 2005.

__________________

Mayor

Attest:

____________

City Clerk

State of California )

County of Los Angeles ) ss

City of Rancho Palos Verdes )

I, CAROLYNN PETRU, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2005-__ was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 4, 2005.

______________________

City Clerk