CC RES 2011-076 RESOLUTION NO. 2011-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ADOPTING ADDENDUM NO. 4 TO A CERTIFIED MITIGATED
NEGATIVE DECLARATION, AND APPROVING REVISION `D' TO TRACT
MAP NO. 52666 TO ALLOW FOR TWO ADDITIONAL ACCESS DRIVEWAYS
ALONG VIA VICTORIA, EACH PROVIDING INDIVIDUAL ACCESS FOR LOT 9
AND LOT 10 OF TRACT 52666.
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 required 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 for Addendum No. 2 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, on October 4, 2005, the City Council approved Revision "C" and Addendum
No. 3, 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; and,
WHEREAS, the applicant is requesting Revision D' to Tract Map No. 52666 to allow for
two additional access driveways along Via Victoria, each providing individual access for Lot 9
and Lot 10 of Tract 52666 and eliminating the existing access easement located on Lots 9 and
10. The revision will result in a total of three driveways along Via Victoria serving the 4
residences where the existing driveway will continue to serve as access to Lots 12 and 13, and
the two new driveways will serve as individual access to Lots 9 and 10; and,
WHEREAS, after issuing notice 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 September 20, 2011 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: Addendum No. 4 (referenced herein as Exhibit "A") to Mitigated Negative
Declaration/Environmental Assessment No. 708 for Revision D to Tract No. 52666 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. The additional two driveways along Via Victoria will not impact the environmental
setting of the area and will not create impacts to parking and circulation for the immediate area.
Section 2: There are no sensitive natural habitat areas on the subject site. Thus, no
site disturbance or alteration will result from the approval of Case No. SUB2011-00003, and
therefore, the project will have no individual or cumulative adverse impacts upon resources, as
defined in Section 711.2 of the State Fish and Game Code.
Section 3: That the mitigation measures contained in City Council Resolution No.
2001-70 continue to address the impacts identified in the Initial Study/Mitigated Negative
Declaration prepared for the housing development in 2001, and thus the current project will not
have a significant impact.
Section 4: Revision D to Tract No. 52666 allows two additional driveways along Via
Victoria to serve as individual access for Lots 9 and 10, and elimination of the access easement
along Lot 10.
Section 5: The proposed tract amendment allowing two additional driveways along
Via Victoria to serve as individual access for Lots 9 and 10 will not alter the original approval to
permit the division of a 3.92-acre lot into thirteen (13) residential lots. The lots will continue to
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 continue to maintain access off Palos Verdes Drive West via the new
publicly dedicated street (Lunada Vista), and the remaining four (4) lots will be accessed off Via
Victoria, an existing public street by a total of 3 driveways. Specifically, the existing driveway
will continue to serve as access to Lots 12 and 13, and the two new driveways will serve as
individual access to Lots 9 and 10.
Section 6: That the proposed amendment creates a more functional site plan,
facilitates on-site parking for Lots 9 and 10, and reduces potential conflicts with 4 residences
utilizing one driveway. Further, the amendment will not result in a hazardous condition to
motorists.
Resolution No. 2011-76
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Section 7: That the proposed amendment for two additional driveways to serve Lots
9 and 10, rather than one common driveway serving 4 lots, provides a safer, less congested
and more efficient access to the garages for each of the subject properties.
Section 8: 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. As part of the
tract amendment, the applicant proposes to modify the shared private driveway easements in
accordance with 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 Municipal Code
incorporates the provisions of the Government Code.
Section 9: 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. 4 to Mitigated Negative Declaration
and approves SUB2011-00003 Revision D', to Tract Map No. 52666 allowing two additional
driveways to serve Lots 9 and 10, subject to the modified condition referenced herein Exhibit "B"
PASSED, APPROVED and ADOPTED this 20th day of - • e ber 2011.
Mayor
ATTEST:
git&L. i //
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2011-76 was duly and regularly passed and adopted by the said City Council at
a regular meeting held on September 20, 2011.
City Clerk
Resolution No. 2011-76
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RESOLUTION NO. 2011-76 — EXHIBIT A
ADDENDUM NO. 4 TO ENVIRONMENTAL ASSESSMENT/
MITIGATED NEGATIVE DECLARATION (EA/ND) NO. 708
September 20, 2011
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), the City
Council has determined that the proposed revision to the approved Tract No. 52666 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. Further, in terms of potential
environmental impacts resulting from the additional driveways, the City's Traffic engineer has
reviewed the proposal and has determined that the project will not result in an impact to
motorists or traffic safety. As such, no intensification or new impacts are introduced by the
proposed amendment. 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. 2011-76
Exhibit A
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RESOLUTION NO. 2011-76
EXHIBIT "B"
MODIFIED CONDITION OF APPROVAL RESULTING FROM SUB2011-00003
Underlined text represents new language.
EASEMENTS
1. 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.
2. 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, which are satisfactory to the City Attorney and the City
Engineer, 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.
3. Prior to building permit final for the residence on Lot 9 or Lot 10, the driveway access
easement traversing Lot 10 shall be removed. Further, prior to building permit final for
the residence on L•t 9 or Lot 10, the driveway easement on Lot 12 shall be modified to
delete vehicular access for Lots 9 and 10.
Resolution No. 2011-76
Exhibit B
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