CC RES 2010-087 RESOLUTION NO. 2010-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CONDITIONALLY APPROVING CASE NOS. SUB2008-
00001 AND ZON2008-00074 THRU -00078 FOR A GENERAL PLAN
AMENDMENT, ZONE CHANGE, COASTAL SPECIFIC PLAN
AMENDMENT AS APPROVED BY THE CALIFORNIA COASTAL
COMMISSION,VESTING PARCEL MAP,VARIANCE, COASTAL PERMIT,
GRADING PERMIT AND HEIGHT VARIATIONS TO ALLOW THE
FOLLOWING: GENERAL PLAN LAND USE CHANGE FROM
COMMERCIAL RECREATIONAL(CR)TO SINGLE-FAMILY RESIDENTIAL,
TWO-TO-FOUR DWELLING UNITS PER ACRE; ZONE CHANGE FROM
CR TO RS-3; LAND DIVISION OFA1.42-ACRE LOT INTO FOUR SINGLE-
FAMILY RESIDENTIAL LOTS;A VARIANCE TO ALLOW LOT DEPTHS OF
93-FEET INSTEAD OF 110-FEET; HEIGHT VARIATIONS TO ALLOW THE
NEW SINGLE-FAMILY RESIDENCES ON LOTS 3 AND 4 TO EXCEED
THE 16-FOOT HEIGHT LIMITS; AND ALLOW A TOTAL OF 4,028 CUBIC
YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION OF
SINGLE-FAMILY RESIDENCES ON FOUR NEW LOTS; ON AN EXISTING
VACANT LOT LOCATED 32639 NANTASKET DRIVE,WHICH IS ON THE
WEST SIDE OF NANTASKET DRIVE BETWEEN BEACHVIEW DRIVE
AND SEACOVE DRIVE IN THE CITY'S COASTAL ZONE (APN 7573-014-
013).
WHEREAS, on September 26, 2006, November 14, 2006, January 9, 2007, March
13, 2007, and March 27, 2007,the Planning Commission considered Case Nos. ZON2005-
00536 and ZON2006-00180 thru -00182 for a proposed General Plan Land Use
Designation Change from Commercial to Residential, a Coastal Specific Plan Land Use
Designation Change from Agricultural to Residential, a Zone Change from CR(Commercial
Recreational)to RS-4 (Single-Family Residential), a 5-lot subdivision and development of
five single-family residences on a vacant parcel on Nantasket Drive between Beachview
Drive and Seacove Drive (APN 7573-014-013); and,
WHEREAS, on April 24, 2007, the Planning Commission adopted PC Resolution
Nos. 2007-29, 2007-30 and 2007-31, recommending that the City Council certify the
Mitigated Negative Declaration; approve the Land Use Designation changes to Residential;
approve the Zone Change to RS-4 (Single-Family Residential); approve the single-family
residences on Lots 1 and 2; and deny the single-family residences on Lots 3, 4, and 5 due
to these residences not being compatible with the immediate neighborhood with regards to
bulk and mass; and,
WHEREAS, on May 15, 2007, the proposed project, along with the Planning
Commission's recommendation was presented to the City Council for consideration. After
hearing public testimony and discussing the merits of the project, the City Council denied
the applications and remanded the item back to the Planning Commission with instructions
that consideration be given to rezone the project from Commercial Recreational to RS-2 or
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RS-3, which are less dense residential zoning districts than the Planning Commission's
recommendation of RS-4; and,
WHEREAS, in response to the City Council's May 15, 2007 directive, the property
owner/applicant submitted new applications on January 31, 2008, which are the same
application types submitted in 2006 and 2007. However, the current proposal includes a
zone change to RS-3 instead of RS-4, which is a lower density; a 4-lot subdivision and
residential development instead of a 5-lot subdivision; Height Variation applications for
Lots 3 and 4 to exceed the 16-foot height limit; a Grading Permit for a total of 4,028 cubic
yards of grading to facilitate the construction of the new residences; and, continues to
propose a General Plan Land Use Designation Change from Commercial to Residential, a
Coastal Specific Plan Land Use Designation Change from Agricultural to Residential, a
Variance to allow the RS-3 zoned lots to maintain a lot depth of 93-feet instead of the 110-
feet lot depth requirement (hereinafter referred to as Case Nos. SUB2008-00001 and
ZON2008-00074 thru -00078); and,
WHEREAS, on February 25, 2008, Case Nos. SUB2008-00001 and ZON2008-
00074 thru -00078 were deemed incomplete pending the submittal of additional
information; and,
WHEREAS, after submittal of additional information, including construction and
certification of the required temporary silhouettes, on September 29, 2009 the applications
were deemed to be complete for processing; 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 prepared an Initial Study and determined
that, by incorporating mitigation measures into the Negative Declaration, there is no
substantial evidence that the approval of Case Nos. SUB2008-00001 and ZON2008-00074
thru -00078, otherwise known as General Plan Amendment, Zone Change, Coastal
Specific Plan Amendment, Vesting Parcel Map, Variance, Coastal Permit, Grading, and
Height Variations, would result in a significant adverse effect on the environment.
Accordingly, a Draft Mitigated Negative Declaration was prepared and notice of that fact
was given in the manner required by law; and,
WHEREAS, the Mitigated Negative Declaration and Initial Study were prepared and
circulated for public review between October 2, 2009 and November 10, 2009; and,
WHEREAS, on October 2, 2009, the City mailed notices to all property owners
within a 500-foot radius from the subject property, including the Sea Bluff HOA, informing
them of the Planning Commission hearing to consider the pending development
applications. Further, the notice was published in the Peninsula News on October 8, 2009.
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WHEREAS, in accordance with the requirements of CEQA, a Mitigation Monitoring
program has been prepared, and is attached to the Environmental Assessment and
Resolution No. 2010-08 as Exhibit "A"; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the Planning Commission, and prior to taking action on the proposed development
proposal, the Planning Commission independently reviewed and considered the
information and findings contained in the Negative Declaration and determined that the
document was prepared in compliance with the requirements of CEQA and local
guidelines, with respect thereto; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos
Verdes Development Code and the State CEQA Guidelines, the Planning Commission
held a duly noticed public hearing on November 10, 2009, at which time all interested
parties were given an opportunity to be heard and present evidence; and,
WHEREAS, at a public hearing held on November 10, 2009, the Planning
Commission adopted P.C. Resolution No. 2009-47, recommending that the City Council
certify the Mitigated Negative Declaration for Case Nos. SUB2008-00001 and ZON2008-
00074 thru -00078; and,
WHEREAS, at a public hearing held on November 10, 2009, the Planning
Commission adopted P.C. Resolution No. 2009-48, recommending that the City Council
approve the land use amendments, zone change, and development project associated with
Case Nos. SUB2008-00001 and ZON2008-00074 thru -00078; and,
WHEREAS, at a public hearing held on February 2, 2010, the City Council adopted
Resolution No. 2010-08, certifying a Mitigated Negative Declaration and determining that
there is no substantial evidence that the approval of Case Nos. SUB2008-00001 and
ZON2008-00074 thru -00078, otherwise known as General Plan Amendment, Zone
Change, Coastal Specific Plan Amendment,Vesting Parcel Map,Variance, Coastal Permit,
Grading, and Height Variations, would result in a significant adverse effect on the
environment; and,
WHEREAS, at a public hearing held on February 2, 2010, the City Council adopted
Resolution No. 2010-09, approving Case Nos. SUB2008-00001 and ZON2008-00074 thru-
00078, for a General Plan Land Use change from Commercial Recreational (CR)to Single-
Family Residential, two-to-four dwelling units per acre; a Zone Change from CR to RS-3; a
Parcel Map, subdividing a 1.42-acre lot into four single-family residential lots; a Variance to
allow lot depths of 93-feet instead of 110-feet; Height Variations to allow the new single-
family residences on Lots 3 and 4 to exceed the 16-foot height limits; and allow a total of
4,028 cubic yards of grading to accommodate the construction of single-family residences
on the four new lots; and,
WHEREAS, since final approval of the project was contingent upon the California
Coastal Commission approval of an amendment to the City's Local Coastal Plan (i.e.,
Coastal Specific Plan), City Staff submitted a LCP Amendment to Coastal Commission
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•
Staff on March 17, 2010 to change the Coastal Specific Plan Land Use designation from
Agriculture to Residential, and the zoning from Commercial Recreation (CR) to Single-
Family Residential (RS-3); and,
WHEREAS, the City's LCP Amendment was accepted by the California Coastal
Commission Staff and identified as Local Coastal Program Amendment RPV-MAJ-1-10,
and subsequently deemed complete for processing in May 2010; and,
WHEREAS, on August 13, 2010,the California Coastal Commission considered the
City's LCP Amendment, and approved the LCP Amendment with suggested modifications
to the text and policies of the City's LCP (i.e., the City's Coastal Specific Plan); and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code, the City Council of the City of Rancho Palos Verdes held a public
hearing on September 21, 2010, to consider the Coastal Commission's suggested
modifications, at which time all interested parties were given an 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: The proposed project is for a General Plan Amendment to change the
land use designation from Commercial Recreational (CR)to Single-Family Residential, 2-
to-4 dwelling units per acre; a Zone Change from CR to RS-3; Coastal Specific Plan
Amendment to change the land use designation from Agricultural to Residential;
subdivision of the existing 1.42-acre site to four single-family residential lots; development
of a single-family residence on each lot; a Variance to allow the four lots to maintain a lot
depth of 93-feet,which is less than the 110-foot lot depth requirement for RS-3 zoned lots;
a Grading Permit for approximately 4,028 cubic yards of total grading on all 4 lots to
accommodate the construction of a single-family residence on each lot; Height Variation
Permits for the single-family residential structures on Lots 3 and 4 (the 2 lots closest to Sea
Cove Drive), to exceed the 16-foot building height requirement; and, a coastal Permit for
development within the City's Coastal Zone.
GENERAL PLAN AMENDMENT
Section 2: The City Council finds that the request for a General Plan Amendment,
which involves changing the Land Use designation from Commercial Recreational (CR)to
Single-Family Residential, 2-to-4 dwelling units per acre is warranted for the following
reasons:
A. The size of the subject site, at 1.42-acres, does not meet the minimum development
site area for CR Zoned lots. The Development Code calls for CR Zoned lots to be a
minimum of 20-acres in area, and maintain a minimum of 250-feet of lot width and
150-feet of lot depth. The subject property, as a result of previous subdivisions,
maintains an existing lot depth of 93-feet,which does not conform to the current CR
Zoning standards.
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B. The appropriateness of the site lends itself to the need within the community for the
proposed residential use, and is compatible with surrounding uses. A commercial
use would create more sensory impacts than a residential use with regards to hours
of operation, noise, and traffic circulation. The subject site is an existing in-fill site,
accessed from the residential streets of Beachview Drive, Nantasket Drive, and Sea
Cove Drive. Although the subject site abuts a commercial development, i.e., the
Terranea Resort Hotel, to the immediate north, west, and south, there are also
single-family residences to the north and south of the subject site and a multi-family
residential development to the east, all within 500-feet of the subject site. Any
development would be required to front along Nantasket Drive, and either type of
development is anticipated to impact the adjoining commercial recreational, single-
family, and multi-family residences; however, a single-family residential
development on the subject site would have less impact on the adjoining residential
properties with regards to traffic, light, and noise pollution. As such, the Residential
land use is more compatible with the existing residential uses of the adjoining area.
C. Changing the land use to Residential brings it into consistency with the"Residential
type land uses found on the other properties along Beachview, Seacove and
Nantanket Drives, and is thereby internally consistent with the General Plan and is
not contrary to the goals and policies of the General Plan. The General Plan states,
'The predominance of residential use [within the City) is based on several factors:
the ability of residential activity to produce low environmental stress, the
geographical location of the community with no major transportation facilities, lack of
market potential for any major commercial, and need for support facilities only to
meet the community's demand"(General Plan Page No. 194). Additionally, the
General Plan states, "Commercial uses tend to have environmental impacts unless
small in scale and very carefully designed" (General Plan Page No. 196). Even
though this site is small in scale, it is currently vacant, and any commercial venture
would cause impacts to the area that would be considered more intrusive than what
could be found from a residential development. More specifically, residential uses
tend to generate less vehicle trips, create less noise, and have less light and glare
impacts than commercial uses. Thus, the General Plan Amendment to Residential
will be in the public's interest, and the General Plan Amendment is appropriate.
COASTAL SPECIFIC PLAN AMENDMENT
Section 3: The City Council finds that the request for a Coastal Specific Plan
Amendment,which involves changing the Coastal Specific Plan Land Use designation from
Agricultural to Residential, is warranted for the following reasons:
A. With respect to commercial recreational development on the subject site, the
Coastal Specific Plan states that "access should not be taken from Nantasket
Drive (in Subregion 3) since it is designated as a residential street and
commercial traffic would in all likelihood cause significant problems." Currently,
Nantasket Drive is used to access the existing single-family and multi-family
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residential developments along Beachview Drive and Sea Cove Drive.
Additionally, vehicular access from the privately owned Terranea Resort Hotel to
the subject site does not exist and it is not likely that a driveway easement would
ever be created to facilitate vehicular access to the site so that access to the site
is not via Nantasket Drive. Thus, a CR development on the subject site would be
inconsistent with this policy direction of the Coastal Specific Plan.
B. The Coastal Specific Plan speaks of potentially adverse impacts resulting from a
CR development on the adjoining residential developments in Subregion 3. In
general, a single-family residential use on the site would be a less intensive use
of the subject site than were it developed with a comparable sized commercial
development when examining the potential traffic, noise, and light pollution
generated from the site. Further, a residential development would be more
compatible with the existing residential uses in the adjoining area. Furthermore,
the development of a CR use on the subject site would result in an appearance
incompatible with the existing single- and multi-family uses in the adjoining
areas. For instance, the site being used as a commercial filming site, a recycling
facility, a helistop, or a small hotel, etc., would erode the character of the
neighborhood, which is primarily composed of single-family and multi-family
residential structures.
C. The current Agricultural Coastal Specific Plan Land Use Designation is
inconsistent with the current Commercial-Recreational General Plan Land Use
Designation, and changing the land use designation to Residential will be
compatible with the proposed revisions to the General Plan and Zoning
designations. Further, the size of the subject property, at 1.42-acres, is too
small to conduct a viable agricultural use on the property.
Section 4: Subregion 2 of the City's Coastal Specific Plan is hereby amended to
read as follows(the bold underlined text represents new language and strikethrough text
represents deleted text):
Agriculture Section (page S2-7):
"AGRICULTURE
The most extensive agricultural operation in the area takes place on a 17 acre site
located at the eastern extremity of this Subregion. This site is currently leased for
$800 per year from Palos Verdes peninsula unified school district, which has
declared the site surplus and intends to sell it in the near future. Additional
agricultural activity takes place on an undeveloped portion of Marineland's site. The
grain and tree farming activities are bounded on the south by Marineland's access
road and on the north by Palos Verdes drive south.
the 17 acre school site. This action is warranted because of the site's high crop
. . . . . . . . . . .
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_•-•-e . . • • . • .
the site. Should these conditions not be met, then the plan recommends a
Potential Activities Section (pages S2-7 and S2-8):
"POTENTIAL ACTIVITIES
The only totally undeveloped site capable of supporting new activity is the 17 acre
site owned by the school district. The district had intended to use this site for
development of an intermediate school; however, enrollment studies done by the
district did not substantiate the need for an additional school in this vicinity.
Therefore, the site has been found potentially surplus and may be sold in the next
few years. The site's gentle topography and its lack of biotic resources and geologic
constraints make it a desirable area for supporting structured activities.
Additional potential activity is presented on those areas which presently have limited
site development. This potential is reflective of site buildout and is discussed below
under each site's respective land use designation.
•— — e e •• — • - me — * *a ••— — — * • — e . e — I.•. * we- -- • 0 .-7
areas located in Subregion 3. Site planning efforts need to be cognizant of
the affect d row
• cc
Induced Activity Section (page S2-11),:
"INDUCED ACTIVITY
The general plan designates a commercial recreational use for the 17 acre
surplused school site. The coastal specific plan changes this proposal. It
designates a land use of residential for the 1.4-acre parcel on the eastern
boundary near Nantasket Drive on the site and a commercial recreation use
onthe remainder. -- • - - - - - - - - - - - - - -
income facility on a portion of the site. Aside from this, the coastal specific plan
concurs with land uses established in the general plan."
Resolution No. 2010-87
Page 7 of 17
Transportation Systems Section (page S2-14):
1) access should not be taken from Nantasket drive (in Subregion 3)
2) the project proponents should investigate the possibility of sharing
3) parking and access should be designed so that it is sufficiently
Policy No. 8 (page S2-16):
"8. Change the primary land use on the e - - - - - - = '-- - - - e ' 1.42-
acre site, which was subdivided from the former Abalone cove school
site, located on the west side of Nantasket Drive adjacent to the
Terranea Hotel Resort site '- - - - - - - - - . - • ' e --
the site. A secondary use designation shall be commercial recreation and
encouragement of a retirement/senior citizen/fixed income facility on a
portion of the site. from agriculture to residential.
Parcels adjacent to the natural habitat areas created as mitigation for
development of the Terranea Resort Hotel including the residential parcels
along Nantasket Drive to the east shall be required to use only non-invasive
plant species,as identified by the California invasive pest council (cal-IPC)
or the Santa Monica Mountains Chapter handbook entitled Recommended
List of Native Plants for Landscaping in the Santa Monica Mountains. In
addition, all landscaping shall be required to consist of primarily native,
drought resistant species and all landscaping within 15 feet of the rear
property line adjacent to the natural habitat area shall consist of non-
invasive, native plant species only. Fuel modification for parcels adjacent
to the Terranea Resort Hotel shall not be carried out in native habitat zones
created as a part of the Terranea Resort."
New Policy No. 10 (page S2-16):
"10. The sidewalk along Nantasket Drive,which connects to the Flowerfield
trail on the Terranea Resort site shall remain open to the public and no
physical obstructions such as gates or guardhouses or signs that
restrict public access to the trail shall be allowed on or fronting
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Page 8 of 17
Nantasket Drive."
ZONE CHANGE
Section 5: The City Council finds that the request for a Zone Change, which
involves changing the underlying Zoning of the subject property from CR to RS-3, is
warranted for the following reasons:
A. In order to bring the zoning in compliance with the proposed General Plan Land
Use Designation, the project warrants the subsequent change of t he site's
zoning designation from CR (Commercial Recreational)to RS-3 (Single-Family
Residential, two-to-four dwelling units per acre). By changing the zoning, the
land use on the subject site would be consistent with the adjacent residential
areas and the General Plan.
B. An RS-3 zoning of the property provides a transitional neighborhood between
the existing RS-1 zoned properties to the south along the bluff on Sea Cove
Drive and the RS-4 zoned properties that exist to the north (i.e., the Sea Bluff
community). Further, an RS-3 zoning designation is a suitable zoning
designation for the subject property. Although there is no other RS-3 zoning in
close proximity to the proposed project site, an RS-3 zoning would provide a
transitional zoning district not only between the RS-1 zone to the south and the
RS-4 zone to the north, but also between the non-conforming multi-family
development to the east and the open space of the Teranea site to the west;
therefore the zone change is appropriate.
VESTING PARCEL MAP
Section 6: The City Council hereby approves the Vesting Tentative Parcel Map to
subdivide the existing 1.42-acre lot into four single-family residential lots for the following
reasons:
A. Since the General Plan Land Use designation changes from Commercial
Recreational to Single-Family Residential, and the zoning changes from CR to
RS-3, the subject site is located in an area designated as Residential, two-to-
four dwelling units per acre (RS-3).Vacant land designated in this density range
has low to moderate physical and social constraints, and the density is
compatible with the adjacent existing densities, which range from one d.u./ac
(along Seacove Drive)to 4-6 d.u./ac(along Beachview Drive). The proposed lot
sizes range between 14,081 square feet and 17,704 square feet, which are
consistent with the RS-3 zone, which requires a minimum lot size of 13,000
square feet.
B. The subject application permits the division of a 1.42-acre lot into four residential
lots, which will maintain a minimum lot area of 13,000 square feet and a
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Page 9 of 17
minimum contiguous lot area of 4,290 square feet, as required by the City's
Development Code and Subdivision Ordinance for lots located within the
designated RS-3 zoning district.
C. The site is physically suitable for the proposed type and density of the
development in that the proposed subdivision will result in four residential lots
that will each have a gross lot area that exceeds the 13,000 square foot
minimum area required by the City's Development Code for the RS-3 zoning
district. Further, the proposed lots will exceed the minimum 4,290 square feet of
contiguous land requirement. The proposed contiguous lot area of each lot will
be large enough to accommodate a residence that complies with the standards
set forth in the City's Development Code for an RS-3 zoning district, as it
pertains to structure size, lot coverage, and setbacks.
D. The proposed division of land will not cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat. According to
the City's most recent Natural Communities Conservation Plan (NCCP), no
Coastal Sage Scrub habitat or sensitive species have been identified on the
subject property. Further, the proposed Initial Study determined that the
potential impacts to the surrounding environment would not result in a significant
effect that cannot be mitigated to a level of insignificance with the appropriate
mitigation measures.
E. The proposed division of land will not cause serious public health problems. The
proposed residences will have to be constructed in conformance with the
recommendations of the City's Geotechnical Consultant who has reviewed the
proposed division of land site plan during the planning stage and identified no
significant concerns. Further review and approval of geotechnical reports will be
required prior to the issuance of grading permits and at the time the lots are
developed. Additionally, the applicant will also be required to make certain
public improvements to ensure that the residential development will not be
detrimental to the public's health and safety as set forth in the Mitigation
Monitoring Program, Exhibit "A", attached to Resolution No. 2010-08, and
incorporated into the scope of the proposed project.
F. The proposed division of the land will not be in conflict with the easements,
acquired by the public at large, for access through or use of, property within the
proposed subdivision. The existing 30-foot wide access easement to the benefit
of the City on the northernmost end of the site exists, which was created to
provide access to the adjoining property to the west, now Terranea Resort Hotel
site. However, since the Terranea Resort Hotel provides its own access, this
access point is no longer necessary and can be vacated. Vacation of said
easement shall be done prior to Final Parcel Map approval and/or issuance of
any grading/building permits.
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Page 10 of 17
VARIANCE
Section 7: The City Council finds that the request for a Variance to allow the four
lots to maintain a lot depth of 93-feet, which is less than the 110-foot lot depth requirement
for RS-3 zoned lots, is warranted for the following reasons:
A. There are extraordinary circumstances applicable to the property involved, or to
the intended use of the property, which do not apply generally to other property
in the same zoning district to warrant an approval of a variance to allow for
nonconforming lot depths of 93-feet, which does not comply with the 110-foot
minimum requirement for RS-3 zoned lots. Specifically, the subject site has had
a nonconforming lot depth upon its creation by the City under any zoning district.
B. The approval of the variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant, which right is possessed by other
property owners under like conditions in the same zoning district. The property
right in question is the applicant's ability to develop the subject site, in
accordance with the Development Code and the Subdivision Map Act; thus a
variance is necessary to ensure the applicant's property right to develop single-
family residential lots,which is a right that other property owners of Residentially
zoned and designated properties maintain. With the exception of the
nonconforming lot depth, the proposal satisfies the minimum contiguous lot
area, minimum lot size, and minimum lot width requirements.
C. Granting the variance for these four lots created with nonconforming lot depths
will not be detrimental to the public welfare or injurious to property improvements
in the area since a residential development will bring compatibility to the existing
residential use in the adjoining area. The lot depth deficiency does not result in
a deficient rear yard setback, as the residences will maintain rear yard setbacks
that exceed the minimum requirement. This is further augmented with the fact
that the rears of the parcels abut the golf course area which provides for
additional open area. Thus, there is no impact upon the appearance of the
residences, the appearance of the lots or to the location of the residences since
they do not have to encroach into any required setback area.
D. Granting the variance will not be contrary to the objectives of the General Plan or
the policies and requirements of the Coastal Specific Plan. The development of
single-family residential structures on the four lots is consistent with the
underlying Residential Land Use designation since the Development Code
allows for subdivision of land, provided that such proposal meet the minimum
conditions as warranted by the Subdivision Map Act and City's Development
Code. As concluded, the new residential lots will not be detrimental to the public
welfare, or injurious to property and improvements in the area, which is
consistent with the General Plan's goal to protect the general health, safety, and
welfare of the community (Land Use Plan, Page 192-193). Further, the new
residential lots are consistent with General Plan Housing Policy No.3 to
"[encourage] and assist in the maintenance and improvement of all existing
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residential neighborhoods so as to maintain optimum local standards of housing
quality and design."Thus, granting the variance will not be contrary to the City's
General Plan.
COASTAL PERMIT
Section 8: The City Council finds that the request for a Coastal Permit to allow
the development project within the "appealable area" of the City's Coastal Zone is
warranted for the following reasons:
A. For the reasons specified in the General Plan Amendment, Zone Change,
Coastal Specific Plan Amendment, and Subdivision sections above, the project
is consistent with the Coastal Specific Plan.
B. The proposed project, when located between the sea and the first public road, is
consistent with applicable public access and recreation policies of the Coastal
Act. The proposed land use change, the division of land and subsequent
development of four single-family residential structures are confined to the
property limits and will not interfere with the public's right of access to the sea
since the subject property does not abut the coastline. Further, the proposed
development of residences on the lots is not anticipated to interfere with the
existing unique water-oriented activities, such as the Point Vicente Fishing Point
or other recreational uses, which can be engaged in near the shoreline.
GRADING PERMIT(LOTS 1 THRU 4)
Section 9: The City Council finds that the request for a Grading Permit to conduct
4,028 cubic yards of total grading on all 4 lots to accommodate the construction of a single-
family residence on each lot, is warranted for the following reasons:
A. The grading proposed does not exceed that which is necessary for the permitted
primary use of the lot. The subject properties will be designated and zoned RS-
3 (Single-Family Residential), which permits single-family residential
development. The grading will facilitate construction of the new residential
structures. Terracing the subject 1.42-acre lot by means of grading will
accommodate the new construction of four residences on the four lots that are
created by the subdivision. In addition, the grading will facilitate a basement for
the residence on Lot 3. Although it is to increase the residential square footage
on this lot, the grading does not exceed that which is necessary for the permitted
primary uses of the lots since a single-family residence is classified as a
permitted primary use in the RS zoning district. Further, the proposed terracing
has been designed to follow the existing street grade and the basement will not
be evident from the surrounding residences or from the street.
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B. The proposed grading and/or related construction will not significantly adversely
affect the visual relationships with, or the views from the "viewing area" of
neighboring parcels. The grading will not affect the maximum ridgeline
elevations for the new residences. Lots 1 and 2 are considered sloping lots, and
new structures are limited to 16-feet in height as measured from the highest
preconstruction grade elevation covered by structure, and 30-feet as measured
from the lowest finish grade elevation covered by structure, to the highest
ridgeline elevation. The new residences on Lots 1 and 2 are at ridgeline
elevations that are 16-feet or less above the highest preconstruction grade
elevation covered by the proposed structures. Further, the overall heights of
these residences on Lots 1 and 2 will be 24.1-feet as measured from the highest
ridgeline elevations down to the finish pad elevations covered by the structures.
Although fill is proposed on Lots 1 and 2, the fill does not result in a higher
ridgeline elevation than what is allowed "by-right". Rather, the fill is a function of
the sloping lot condition, which results in a split-level design, but does not result
in a higher ridgeline elevation than what is allowed "by-right", and does not result
in higher structures than what can be built in the same location on the lots if
measured from existing grade.
Lots 3 and 4 also contain fill; however, similar to the grading for lots 1 and 2, the
fill on these lots is provided so that there is no crawl space under the up-slope
portion of the new residences. Although Lots 3 and 4 will be constructed with
grading that does not artificially raise the grade for the proposed residences, the
ridgeline elevations of these residences exceed the 16-foot height limits, and are
thus subject to Height Variations, which can be approved for the reasons stated
below.
C. The nature of proposed grading minimizes disturbance to the natural contours
and finished contours so that they will be reasonably natural. The existing
contours of the project site are not the original natural contours, partly as the
result of past farming on the subject site until the late 1980s. The subject site is
a gently sloping lot with steeper slopes around the front edge of the lot. The
subject lot is proposed to be re-contoured in a manner to minimize change to the
existing contours.
D. The grading proposed takes into account the preservation of natural topographic
features and appearances by means of land sculpturing so as to blend any man-
made or manufactured slope into natural topography. The existing "natural"
contours of the project site are partly the result of human alteration in the past.
Thus, there are no significant natural topographic features that would be
disturbed by the proposed grading.
E. The proposed grading is associated with the construction of residences on these
lots; therefore, a Neighborhood Compatibility Analysis of the proposed
residences is warranted. For the purposes of conducting a Neighborhood
Compatibility Analysis, the current project constitutes its own immediate
neighborhood for the purpose of the neighborhood compatibility analysis,which
Resolution No. 2010-87
Page 13 of 17
is consistent with the City Attorney's previous opinion on performing a
neighborhood compatibility analysis for the proposed project and is supported by
the City Council approved Neighborhood Compatibility Guidelines.According to
the Neighborhood Compatibility Guidelines, "for purposes of Neighborhood
Compatibility, the immediate neighborhood is normally considered to be at least
the twenty (20) closest residences within the same zoning district." Since the
Zone Change allows for RS-3 zoning of the subject property and since there are
no other RS-3 zoned properties in the area, this creates its own neighborhood
and creates a transition between the existing RS-1 and RS-4 zones that are to
the north and south of the subject site.
The structure sizes and lot coverages are significantly less than the previous
project, and are consistent with the neighborhoods to the north and south of the
subject site, which are in different zoning districts than the subject property.
Notwithstanding, the residential development will comply with and exceed the
minimum setback standards for RS-3 zoned lots. With regards to façade
treatments, the new residences will incorporate smooth stucco finishes, hip-
pitched roofs and clay tile roof materials, which is consistent with the materials
found in the residential developments in the area. Lastly, with regards to bulk
and mass, the applicant has modified the proposed architectural design of the
residences to address the concerns that led to the denial of the previous
proposal.
F. The project conforms to all the City's grading criteria in that the grading will be
conducted in a manner that facilitates construction of the residences with a split-
level design that slopes with the topography of the site. The grading will not be
conducted on extreme slopes, no slopes steeper than 2:1 will be created, and
the retaining walls will be under the building footprints to accommodate for the
split-level designs.
HEIGHT VARIATIONS (LOTS 3 AND 4)
Section 10: The City Council finds that the request for Height Variation permits to
allow for the construction of single-family residences on Lots 3 and 4 that exceed the 16-
foot height limit, is warranted for the following reasons:
A. The applicant has complied with the Early Neighbor Consultation process
established by the City by providing addressed, stamped/pre-paid postage
envelopes, a copy of the mailing list, reduced copies of the plans, a letter with a
description of the proposed project, along with a $10.00 fee, to the City for
mailing. The City mailed the envelopes on August 28, 2009, which satisfied this
finding.
B. The proposed structure is not located on a ridge or promontory, which the
Development Code defines as an elongated crest or linear series of crests of
hills, bluffs, or highlands, while a promontory is defined as a prominent mass of
Resolution No. 2010-87
Page 14 of 17
land, large enough to support development which overlooks or projects onto a
lowland or body of water on at least two sides. The subject property and the
new single-family residences are proposed to be on a lot which was previously
used as farmland and is gently sloping, which is not considered a ridge or
promontory.
C. The proposed structures comply with all other Code requirements. The
proposed residences meet or exceed the minimum Development Code
standards with regards to lot coverage and setbacks. The residences will be
constructed outside of any required setbacks. Lastly, the resulting lot coverages
will be 37% for Lot 3 and 34% for Lot 4, which is less than the 45% maximum
permissible by the RS-3 zoning district.
D. As indicated above in the Grading Permit Section,the current project constitutes
its own immediate neighborhood for the purpose of the neighborhood
compatibility analysis.
E. Several view analyses were conducted from residences in the Sea Bluff
Community,which identified two residences at 6617 and 6619 Beachview Drive
as containing views. Further, view analyses were conducted from the Villa
Apartments; however, consistent with the City's Height Variation Guidelines, one
unit in each structure of the apartment complex was identified to be ",...where
the best and most important view is taken" (Page 2, Height Variation Guidelines,
April 20, 2004). The three units were units#334, #45 and#88, which have views
in the direction of and over the subject property. Thus, the portions of the new
residences on Lots 3 and 4 that are above 16-feet will not significantly impair a
view or cause significant cumulative view impairment from the viewing area of
another parcel as follows:
Beachview Residences:
i. The angle of the view, the topography of the area, and the location of
the residences on the proposed lots results in a Lot-4-residence that
is only partially visible from the viewing area at 6619 Beachview Drive
since the proposed residence on Lot 3 will screen most of the
proposed residence on Lot 4. In light of the whole view that is
obtained from the viewing area at 6619 Beachview Drive, the
proposed residences on Lots 3 and 4 will only encroach into the lower
part of the view frame, obstructing a small amount of ocean view.
However, a large portion of the ocean will continue to be
unobstructed, and the view of Catalina Island will not be impaired by
these structures; thus, the proposed structures will not result in
significant view impairment.
Villas Apartments:,
Resolution No. 2010-87
Page 15 of 17
ii. Three units (one in each structure)were identified as having the best
and most important views, which are units#334, #45 and #88. These
units have views over the subject property. Staffs view analyses of
the previous project concluded that the previous project significantly
impaired the view from only Unit#45. Since the proposal has been
modified, Staff conducted new view analyses from the same three
units on November 4, 2009. Based upon the analyses, Staff has
concluded that the new project will not cause any view impairment to
Unit#334 in structure 1 (closest to Beachview Drive) and Unit#88 in
structure 3 (closest to Seacove Drive). With regards to Unit #45 in
structure 2 (located between the aforementioned structures), the
proposed residence on Lot 3 will impair the view of the Teranea hotel,
which is not a significant impairment. The residence on Lot 4 will
impair some ocean view at the bottom of the view frame, but the view
of Catalina Island will not be impaired. Although some ocean view will
be impaired, the amount of view impairment is minimal, is located at
the periphery of the view frame, and Catalina Island is not impaired;
thus, the structure on lot 4 will not result in significant view
impairment.
Section 11: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable shortened period of limitations.
Section 12: For the foregoing reasons and based on the information and findings
included in the California Coastal Commission Staff Report considered by the Coastal
Commission on August 13, 2010, Planning Commission and City Council Staff Reports,
Environmental Assessment and other components of the legislative record, in the
proposed Mitigated Negative Declaration, and in the public comments received by the City
Council, the City Council of the City of Rancho Palos Verdes hereby approves the
modifications approved by the California Coastal Commission on August 13, 2010 for Case
Nos. SUB2008-00001 and ZON2008-00074 thru-00078 subject to the conditions in Exhibit
B attached hereto, thereby allowing a General Plan Amendment to change the Land Use
Designation from Commercial Recreational to Residential (2-4 d.u./ac); a Coastal Specific
Plan Amendment to change the Land Use Designation from Agriculture to Residential; a
Zone Change from CR to RS-3 (Single-Family Residential); a 4-lot subdivision and
residential development; a Variance to allow the RS-3 zoned lots to maintain a lot depth of
93-feet; a Grading Permit for a total of 4,028 cubic yards of grading to facilitate the
construction of the four new residences; Height Variation applications for the new
residences on Lots 3 and 4 to exceed the 16-foot height limit; and, a Coastal Permit to
allow the development within the appealable area of the City's Coastal Zone.
Resolution No. 2010-87
Page 16 of 17
PASSED, APPROVED, and ADOPTED this 21st day of September 2010.
1
/ 4 - or
ATTEST:
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. 2010-87 was duly and regularly passed and adopted by the said City
Council at a regular meeting held on September 21, 2010.
eeit4L,
/
City Clerk
Resolution No. 2010-87
Page 17 of 17
EXHIBIT "B" RESOLUTION NO. 2010 -87
CONDITIONS OF APPROVAL
CASE NOS. SUB2008 -00001 & ZON2008 -00074 THRU -00078
ENVIRONMENTAL ASSESSMENT, GENERAL PLAN AMENDMENT, ZONE CHANGE,
COASTAL SPECIFIC PLAN AMENDMENT, VESTING PARCEL MAP, VARIANCE,
COASTAL PERMIT, GRADING PERMIT, AND HEIGHT VARIATIONS (LOTS 3 & 4)
GENERAL
1. This approval is for a General Plan Amendment to change the Land Use
Designation from Commercial Recreational to Residential (2 -4 d.u. /ac); a Coastal
Specific Plan Amendment to change the Land Use Designation from Agriculture to
Residential; a Zone Change from CR to RS -3 (Single - Family Residential); a 4 -lot
subdivision and residential development; a Variance to allow the RS -3 zoned lots to
maintain a lot depth of 93 -feet; a Grading Permit for a total of 4,028 cubic yards of
grading to facilitate the construction of the four new residences; and Height
Variation applications for the new residences on Lots 3 and 4 to exceed the 16 -foot
height limit.
2. Final approval of this project shall be contingent upon approval of the Coastal
Specific Plan Amendment by the California Coastal Commission.
3. The property owner /applicant shall submit a trust deposit in an amount deemed to
be appropriate by the Director of Planning, Building and Code Enforcement for the
City to submit the necessary applications for an Amendment to the City's Coastal
Specific Plan.
4. 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.
5. The developer shall supply the City with one mylar and 12 copies of the map after
the final map has been filed with the Los Angeles County Recorders Office.
6. This approval expires twenty -four (24) months from the date of approval of the
vesting parcel 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.
7. With the exception of the lot depth requirement, all lots shall comply with the lot
criteria required by the Development Code for the RS -3 Zoning District, including the
13,000 square foot minimum lot area and the 4,290 square foot minimum
contiguous lot area.
8. 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.
9. All mitigation measures contained in the approved Mitigation Monitoring Program
contained in Resolution No. 2010 -08 for the Mitigated Negative Declaration, shall be
incorporated into the implementation of the proposed project and adhered to, and
are incorporated herein by reference.
VESTING TENTATIVE PARCEL MAP NO. 69928
10. The proposed project approval permits the subdivision of the existing 1.42 acre
subject parcel into four separate parcels as shown on the Vesting Tentative Parcel
approved by the Council. Parcel #1 shall measure 14,402 square feet; Parcel #2
shall measure 15,567 square feet; Parcel #3 shall measure 14,081 square feet; and
Parcel #4 shall measure 17,704 square feet.
11. 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.
12. An agreement shall be prepared and submitted for review and approval by the City
Attorney prior to recordation of Final Map, and shall be made part of the recordation
of the Final Map. Said agreement shall hold the City of Rancho Palos Verdes
harmless from death, damage and injury resulting from golf balls going onto the four
lots approved by Tentative Parcel Map No. 69928.
13. Installation of gates that allow for direct access from any lot of Parcel Map No.
69928 onto the Terranea property shall be prohibited.
14. The Coastal Specific Plan Land Use Amendment shall be approved by the
California Coastal Commission prior to submitting the Final Map for recording
pursuant to Section 66442 of the Government Code.
15. The thirty -foot wide access easement across the property in favor of the City of
Rancho Palos Verdes shall be abandoned by the City prior to the recordation of the
Final Parcel Map. The developer shall pay all applicable costs relating to the
abandonment of the easement and the process relating thereto.
Resolution No. 2010 -87
Exhibit B
Page 2 of 12
PUBLIC WORKS AND CITY ENGINEER CONDITIONS
16. Final Parcel Map shall be recorded for the site.
a. A Termination of Offer of Dedication shall be made for any offer of dedication
previously rejected and shall be deemed to be terminated upon the approval of
the map by the legislative body. The map is required to contain a notation
identifying the offer or offers of dedication deemed terminated by Section
66477.2(e) of the SMA.
b. The PVPUSD easement(s) shall be abandoned prior to recordation of the Final
Parcel Map, and the developer shall provide the City with confirmation that the
easement has been formally abandoned prior to the recordation of the final
parcel map.
c. ADA accessibility easements shall be provided for public sidewalk as required
at the top of all driveways or ramps
17. Per the City Engineer, subject to review and approval by the Director of Public
Works, the following items shall be constructed, or the construction shall be
guaranteed by surety or cash bond accompanied by a subdivision improvement
agreement, prior to recordation of the Final Parcel Map:
a. The developer shall remove and replace any damaged or off -grade portions of
the existing curb and gutter and replace it, in kind, with A2-200(8) curb and
gutter per APWA Standard Plan 120 -1 for the entire project frontage length of
Nantasket Drive – to match existing.
b. The developer shall remove and replace any damaged or off -grade portions of
the existing sidewalk and replace it with four -inch thick, 4 -foot wide portland
cement concrete sidewalk for the entire project frontage length of Nantasket
Drive.
C. Subject to review and approval by the Director of Public Works, the developer
shall provide for crack filling and slurry sealing throughout the project frontage
along Nantasket Drive from edge of gutter to edge of gutter, both sides of the
street.
d. The developer shall remove any existing driveways and construct new
driveways as applicable. Driveway approach slope and details needs to
comply with APWA STD PLAN 110 -0 and other applicable drawings.
e. The developer shall construct pedestrian curb ramps at the north and south
ends of Nantasket Drive that conform the latest requirements of the Americans
with Disabilities Act.
f. Subject to review and approval by the Director of Public Works, provide new
street striping to replace the existing street striping disturbed by the street
resurfacing.
g. An Engineered (Rough) Grading Plan shall be prepared for the site. Fine
Grading may be incorporated into an (overall) Grading Plan if the houses are
to be built all at one time. If the houses are to be built individually, at different
times, separate Fine Grading Plans may be prepared for those houses in
addition to the previously required Rough Grading Plan.
Resolution No. 2010 -87
Exhibit B
Page 3 of 12
h. A final Drainage Report shall be prepared for the site.
Post - development storm water run -off quantities shall be mitigated per the
NPDES (Stormwater) Review by John L. Hunter. The Final Drainage Report
calculations shall be prepared in conformance with Los Angeles County
Standards (see on line manual
http: / /ladpw.org /wrd /publication /engineering /2006 Hydrology Manual /2006 %2
OHydrology %20Manual- Divided.pdf
18. Per the Department of Public Works and subject to approval by the Director of
Public Works, the Applicant shall ensure the following:
• No above ground utilities permitted in the Public Right of Way.
• Only cement concrete or asphalt concrete surface are allowed in the ROW.
• Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study (include off -site areas affecting the development) shall be prepared by
a qualified civil engineer and approved by the City Engineer. The report shall
include detail drainage conveyance system including applicable swales,
channels, street flows, catch basins, and storm drains which will allow
building pads to be safe from inundation by rainfall runoff which may be
expected from all storms up to and including the theoretical 100 -year flood.
• It is the property owners responsibility to maintain landscaping in the right of
way and keep it in a safe condition
• ADA access by way of the public sidewalk with appropriate easements as
required, shall be provided at the back of the right of way, behind the top of
all driveways .
• Catch Basin shall have "NO Dumping -Drain to Ocean" painted on them in the
ROW and on the property
• Filtering and Water Quality devices shall be installed in all storm drain inlets
along Nantasket Drive from Beachview Drive to Seacove Drive, including the
knuckles.
• All plans shall provide Best Management Practices (BMP's) and Water
Quality Management Plan (WQMP)
• Plans shall provide Sewer connection information, and shall be approved by
LA County Public Works Department prior to approval by the City of Rancho
Palos Verdes.
19. N.P.D.E.S. (Stormwater) Conditions
Best Management Practices (BMP's) shall be incorporated into the design of this
project to accomplish the following goals.
a. Minimize impacts from storm water runoff on the biological integrity of Natural
Drainage Systems and water bodies in accordance with requirements under
CEQA (Cal. Pub. Resources Code § 21100), CWC § 13369, CWA § 319, CWA
§ 402(p), CWA § 404, CZARA § 6217 (g), ESA § 7, and local government
ordinances.
b. Maximize the percentage of permeable surfaces to allow more percolation of
storm water into the ground.
Resolution No. 2010 -87
Exhibit B
Page 4 of 12
c. Minimize the amount of storm water directed to impermeable surfaces and to
the MS4.
d. Minimize pollution emanating from parking lots through the use of appropriate
Treatment Control BMP's and good housekeeping practices.
e. Properly design and maintain Treatment Control BMP's in a manner that does
not promote breeding of vectors.
f. Provide for appropriate permanent measures to reduce storm water pollutant
loads in stormwater from the development site.
g. A SUSMP and SWPPP shall be prepared and approved by the City's NPDES
consultant prior to any building or grading permits being issued.
h. A vegetative area (slope less than 6 %) shall be constructed surrounding each
lot (minimum 10 feet wide) except for the paver driveway.
MITIGATION MONITORING
The development shall comply with all of the following mitigation measures of the adopted
Mitigated Negative Declaration.
Aesthetics:
A -1: Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of a
parcel of property or properties other than upon which such light is physically located.
Air Quality:
AQ -1: During construction the owner shall ensure that the unpaved construction areas are
watered at least twice a day during excavation and construction to reduce dust emissions
and meet SCAQMD Rule 403 which prohibits dust clouds to be visible beyond the project
site boundaries.
AQ -2: During construction the owner shall ensure that all clearing, grading, earth moving
or demolition activities shall be discontinued during periods of high winds (i.e., greater than
30 mph), so as to prevent excessive amounts of dust.
AQ -3: During construction of any improvements associated with the subdivision, the
owner shall ensure that General contractors shall maintain and operate construction
equipment so as to minimize exhaust emissions.
AQ -4: A weatherproof notice /sign setting forth the name of the person(s) responsible for
the construction site and a phone number(s) to be called in the event that dust is visible
from the site as described in mitigation measure AQ -1 above, shall be posted and
prominently displayed on the construction fencing.
Resolution No. 2010 -87
Exhibit B
Page 5 of 12
Cultural Resources:
CR -1: Prior to the commencement of grading, the applicant shall retain a qualified
paleontologist and archeologist to monitor grading and excavation. In the event
undetected buried cultural resources are encountered during grading and excavation, work
shall be halted or diverted from the resource area and the archeologist and /or
paleontologist shall evaluate the remains and propose appropriate mitigation measures.
Geology /Soils:
GEO -1: The applicant shall ensure that all applicable conditions as specified within the
geotechnical report and all measures required by the City Geologist are incorporated into
the project.
GEO -2: Prior to building permit issuance, the applicant shall prepare an erosion control
plan for the review and approval of the Building Official. The applicant shall be
responsible for continuous and effective implementation of the erosion control plan during
project construction.
Hydrology/Water Quality:
HWQ -1: Subject to review and approval of the City Public Works and Building and Safety
Departments and prior to the issuance of grading permits, the project applicant shall submit
a storm water management plan which shows the on -site and off -site storm water
conveyance systems that will be constructed by the project proponent for the purpose of
safely conveying storm water off the project site. These drainage structures shall be
designed in accordance with the most current standards and criteria of the City Engineer
and Los Angeles County Department of Public Works to ensure that adequate drainage
capacity is maintained. The plan shall also show whether existing storm water facilities off
the site are adequate to convey storm flows and what additional improvements to these
existing facilities are required by the project applicant to ensure these facilities will be
adequate to meet the needs of this project. Prior to the issuance of any building permits for
any of the proposed residences, the project applicant shall install /improve such facilities to
the satisfaction of the Director of Public Works and the City Building Official.
HWQ -2: The project shall comply with the requirements of the statewide National Pollutant
Discharge Elimination System (NPDES) General Permit for Storm Water Discharges
Associated with Construction Activity to prevent storm water pollution from impacting
waters of the U.S. in the vicinity of the project site.
HWQ -3: In accordance with the Clean Water Act, the project applicant shall coordinate with
the Regional Water Quality Control Board (RWQCB) regarding the required National
Pollutant Discharge Elimination System (NPDES) permit for the project. The project
applicant shall obtain this permit and provide the City with proof of the permit before any
site grading begins.
Resolution No. 2010 -87
Exhibit B
Page 6 of 12
HWQ -4: Appropriate Best Management Practices (BMP), including sandbags shall be used
by the project applicant to help control runoff from the project site during project
construction activities. Measures to be used shall be approved by the City Engineer before
a Grading Permit is issued for the project.
Noise:
N -1: Demolition, grading and construction activities shall be limited to the hours of 7:00am
and 7:00pm, Monday through Saturday. There shall be no construction on Sundays or
federally observed holidays.
N -2: During demolition, construction and /or grading operations, trucks shall not park,
queue and /or idle at the project site or in the adjoining public rights -of -way before 7:00 AM,
Monday through Saturday, in accordance with the permitted hours of construction stated
above.
Public Services:
PS -1: As there is no park or recreational facility designated in the general plan to be
located in whole or in part within the proposed subdivision to serve the immediate and
future needs of the residents of the subdivision, the project applicant shall, in lieu of
dedicating land, pay a fee equal to the value of the land prescribed for dedication in
Section 16.20.100.0 and in an amount determined in accordance with the provisions of
Section 16.20.100.G.
Transportation /Traffic:
T -1: Prior to the issuance of a grading permit for the project, the project applicant shall
prepare a haul route plan for approval by the City's Public Works Department. The project
applicant shall also be required to post a bond with the City in an amount determined by
the Public Works Department that will provide for the repair of City streets damaged by the
hauling of soil away from the project site.
PARK DEDICATION
20. Prior to recordation of the Final Map, which is contingent upon California Coastal
Commission approval of the Coastal Specific Plan Amendment, the developer shall
pay to the City of Rancho Palos Verdes, subject to the City Council's approval, a
Parkland Dedication in lieu fee which is to be calculated pursuant to the City's
Development Code Section 16.20.100.
UTILITIES
21. Prior to submittal of plans into building division plan check, the applicant shall
provide evidence of confirmation from the applicable service providers that provide
Resolution No. 2010 -87
Exhibit B
Page 7 of 12
water, wastewater treatment and solid waste disposal, that current water supplies
are adequate to serve the proposed project.
22. All utilities to and on the property 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.
DRAINAGF
23. 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.
24. Site surface drainage measures included in the project's geology and soils report
shall be implemented by the project developer during project construction.
25. Prior to issuance of any permits, the City's NPDES consultant shall review and
approve the project to ensure that the project will comply with all applicable
requirements for the control and treatment of erosion and run -off from the project
site.
SURVEY MONUMENTATION
26. 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.
27. 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.
28. All lot corners shall be referenced with permanent survey markers in accordance
with the City's Municipal Code.
29. All corners shall be referenced with permanent survey markers in accordance with
the Subdivision Map Act.
UNIT NUMBERING
30. Any unit numbering by the developer must be approved by the City Engineer.
GRADING
31. Approval of the project shall allow a total of 4,028 cubic yards of grading, which is
distributed as follows:
Resolution No. 2010 -87
Exhibit B
Page 8 of 12
LOT #'
UT o) '
FILL (cy) '
MAX DEPTH OF CUT
MAX HEIGHT OF FILL
1
340
809
5.5 -ft.
6 -ft.
2
793
248
5.7 -ft.
1.8 -ft.
3
431
489
10 -ft
3.1
4
393
132
2 -ft.
4 -ft.
TOTAL
17957
27071
--
--
32. Prior to issuance of any grading permit for the project, the Coastal Specific Plan
Amendment shall be approved by the California Coastal Commission.
33. 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.
34. 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.
35. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining
Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code ".
36. Prior to the issuance of grading permits, the applicant shall demonstrate to the
Director of Planning, Building and Code Enforcement that dust generated by
grading activities shall comply with the South Coast Air Quality Management District
Rule 403 and the City Municipal Code requirements that require regular watering for
the control of dust.
37. During construction, all excavating and grading activities shall cease when winds
gusts (as instantaneous gusts) exceed 25 mph. To assure compliance with this
measure, grading activities are subject to periodic inspections by City staff.
38. Construction equipment shall be kept in proper operating condition, including proper
engine tuning and exhaust control systems.
39. Trucks and other construction vehicles shall not park, queue and /or idle at the
project site or in the adjoining public rights -of -way before 7:00 AM, Monday through
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Saturday, in accordance with the permitted hours of construction stated in Section
17.56.020(6) of the Rancho Palos Verdes Municipal Code.
40. The project shall utilize construction equipment equipped with standard noise
insulating features during construction to reduce source noise levels.
41. All project construction equipment shall be properly maintained to assure that no
additional noise, due to worn or improperly maintained parts is generated.
42. Haul routes used to transport soil exported from the project site shall be approved
by the Director of Public Works to minimize exposure of sensitive receptors to
potential adverse noise levels from hauling operations.
TRACT DEVELOPMENT STANDARDS
43. The Final Map shall be in conformance with the lot size and configuration shown on
the Vesting Tentative Parcel Map, as approved by the City Council on February 2,
2010.
44. The approved residences shall maintain the following minimum setbacks:
• Front: 20 -feet
• Side: 10 -feet
• Rear: 15 -feet
45. The approved residences shall comply with the following standards:
The cumulative total square footage of all four residences plus garages shall not be more
than 23,411.7 square feet. However, in no case shall the structure size of any one
residence plus garage be more than 6,744 square feet.
Any request to make the size of any residence larger or taller, shall require approval of a
revision to the Grading Permit and /or the applicable Height Variation permit by the City
Council.
46. Prior to submittal of grading plans and /or building plans for the residence on Lot 1
into plan check with the Building and Safety Division, the applicant shall redesign
the proposed residence on Lot 1 to minimize view impairment from the viewing
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LOT 1
LOT 2'
LOT 3
LOT 4
CUMULATIVE
TOTAL
LOT SIZE
14,402 sf
15,567 sf
14,081 sf
17,704 sf
--
LOT COVERAGE
35%
32.5%
37%
34%
--
MAX RIDGELINE
ELEVATION
180.1 -ft.
165.4 -ft.
160.3 -ft.
152.9 -ft.
--
STRUCTURE
HEIGHT
15.2 -ft. /24.1 -ft.
1 16 -ft. /24.1 -ft.
1 19.6- ft. /24 -ft.
19.9 -ft. /25.3 -ft.
--
The cumulative total square footage of all four residences plus garages shall not be more
than 23,411.7 square feet. However, in no case shall the structure size of any one
residence plus garage be more than 6,744 square feet.
Any request to make the size of any residence larger or taller, shall require approval of a
revision to the Grading Permit and /or the applicable Height Variation permit by the City
Council.
46. Prior to submittal of grading plans and /or building plans for the residence on Lot 1
into plan check with the Building and Safety Division, the applicant shall redesign
the proposed residence on Lot 1 to minimize view impairment from the viewing
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areas of properties located at 6619 Beachview Drive, 6617 Beachview Drive and
6615 Beachview Drive. Said redesign shall be submitted to the Director of
Community Development and shall be reviewed by the City Council. Notice of said
review hearing shall be published and provided to owners of property within a 500 -
foot radius, to persons requesting notice, to all affected homeowners associations,
and to the property owner in accordance with Rancho Palos Verdes Development
Code Section 17.80.090.
47. The landscaping for each parcel shall be required to use only non - invasive plant
species, as identified by the California Invasive Pest Council (Cal-I PC) or the Santa
Monica Mountains Chapter handbook entitled Recommended List of Native Plants
for Landscaping in the Santa Monica Mountains. In addition, all landscaping shall
be required to consist of primarily native, drought resistant species, and all
landscaping within 15 feet of the rear property line adjacent to the natural habitat
area on the Terranea property shall consist of non - invasive, native plant species
only. Fuel modification for these parcels shall not be carried out in native habitat
zones that were created as a part of the Terranea Resort. These landscape
requirements shall be noted on the approved site plan, and these landscape
requirements shall be recorded on each of the lots as part of the Final Parcel Map.
Lastly, fuel modification for these parcels adjacent to the Terranea Resort Hotel
shall not be carried out in native habitat zones created as a part of the Terranea
Resort.
48. Landscaping for the project shall be designed, implemented and maintained to
comply with the City's Water Efficient Landscape Ordinance and with the
Landscape Regulations.
49. Subject to review and approval by the Building Official, a ridge height certification is
required for each residence by a licensed land surveyor or engineer prior to
installation of roof materials.
50. Subject to review and approval by the Building Official, structure size certification is
required for each residence by a licensed surveyor or engineer prior to building
permit final of the residences.
51. Driveway slopes shall conform to the maximum 20- percent standard set forth in the
Development Code.
52. Each residence shall maintain a minimum three -car garage, with each space being
individually accessed and each maintaining a minimum unobstructed dimension of
9- feet -wide by 20- feet -deep by 7- feet - vertical clearance.
53. Chimneys, vents and other similar features shall not be any higher than the
minimum height required by the Uniform Building Code.
54. Fences, walls, pilasters, hedges, etc. located within the 20 -foot front -yard setback
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area shall not exceed forty -two inches (42 ") in height.
55. With the exception of solar panels, roof - mounted mechanical equipment is not
permitted. Mechanical equipment may encroach upon the rear- and side -yard
setback areas, provided that such equipment does not generate noise levels in
excess of 65 dBA at the property line.
56. Construction of the approved project shall substantially comply with the plans
originally stamped APPROVED and with the RS -3 district and site development
standards of the Rancho Palos Verdes Development Code.
57. In the event that a Planning Division and a Building Division requirement are in
conflict, the stricter standard shall apply.
58. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
59. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development
Code. There shall be no idling vehicles and equipments related to the approved
scope of the project prior to 7:00 a.m. and after 7 p.m.
60. The sidewalk along Nantasket Drive, which connects to the Flowerfield trail on the
Terranea Resort site shall remain open to the public and no physical obstructions
such as gates or guardhouses or signs that restrict public access to the trail shall be
allowed on or fronting Nantasket Drive.
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