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CC RES 2005-108 RESOLUTION NO. 2005-108 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, 71 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.pasties 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, 79 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 Resolution No. 2005-108 Page 2 of 4 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. Furthermore, the increase to the maximum height allowed for the proposed residence on Lot 7, from 16-feet to 26-feet in height, will not impair views from the defined viewing area for the existing residence at 30011 Via Victoria. 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. sect nn 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 Resolution No. 2005-108 Page 3 of 4 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 18th day of October 2005. dsiws (mayor Attest: Q=4 City lErk 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. 2005-108 was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on October 18, 2005. Ci Clerk Resolution No. 2005-108 Page 4of4 RESOLUTION NO. 2005-108 — EXHIBIT A ADDENDUM NO. 3 TO ENVIRONMENTAL ASSESSMENT/ MITIGATED NEGATIVE DECLARATION (EA/ND) NO. 708 October 18, 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.