CC RES 2004-089RESOLUTION NO. 2004-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ADOPTING ADDENDUM NO. 2 TO ENVIRONMENTAL ASSESSMENT /
MITIGATED NEGATIVE DECLARATION NO. 708 IN CONNECTION WITH THE
APPROVAL OF REVISION `B' TO TRACT MAP NO. 52666 AND GRADING PERMIT
NO. 2282 TO ALLOW A CHANGE TO THE PERMITTED GRADING QUANTITIES,
PAD ELEVATIONS, AND MAXIMUM ROOF RIDGELINE ELEVATIONS.
WHEREAS, on 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 June 15, 2004 the applicant submitted Revision `B' to Tract Map
No. 52666 and Grading Permit No. 2282 that would reduce the amount of earth
movement, increase the building pad elevation for Lots 1, 9, 10, 12, and 13, and would
increase the maximum roof ridgeline elevation by two feet for Lot 1; and,
WHEREAS, upon an initial review of the revised grading application, it was
determined that the revision to the originally approved grading quantities will not
generate significant adverse noise, air quality or traffic related impacts to surrounding
properties; and,
WHEREAS, pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 21000 et seq. ( "CEQA "), the State's CEQA Guidelines,
California Code of 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 `B' to Tract Map No. 52666 and Grading Permit No. 2282 will result in a
significant adverse effect on the environment. Accordingly, Addendum No. 2 to
Mitigated Negative Declaration / Environmental Assessment No. 708 has been
prepared in the manner required by law; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho
Palos Verdes Development Code and the State CEQA Guidelines, the City Council held
a duly noticed public hearing on July 20, 2004 at which all interested parties were given
the opportunity to be heard and present evidence; and,
WHEREAS, during public testimony at the July 20, 2004 meeting, a neighbor
expressed concern with the proposed project as it relates to an alleged spring
discovered during excavation and the finished pad elevation of Lot 3. In order to
investigate these concerns, the public hearing was continued to the August 3, 2004 City
Council meeting; and,
WHEREAS, at the August 3, 2004 City Council meeting, the Council continued
the public hearing to its October 5, 2004 meeting to allow Staff and the applicant
additional time to investigate the neighbor's concerns; and,
WHEREAS, on October 5, 2004 the City Council held the continued public
hearing at which time all interested parties were given the opportunity to be heard and
present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the proposed revision to the originally approved grading
quantities resulting from raising the building pad elevations for Lots 1, 9, 10, 12, and 13
will not result in a substantive change to the design, layout, number of lots and its
respective lot area and dimensions of the Tract Map approved by the City Council on
September 4, 2001. In making this finding, the City Council considered revised grading
quantities in relation to the project's mitigation measures that address the issues of
Aesthetics, Air Quality, Cultural Resources, Geology, Noise, Traffic /Circulation, Utilities,
and Water Quality.
Resolution No. 2004 -89
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Section 2: During the public hearing a concern was raised regarding the
geologic condition of the site, specifically as it relates to the discovery of an alleged
spring during project excavation. An additionally geotechnical study was reviewed by
the City Council during its consideration of the revised grading application and the
Council finds, based on that additional study, that the alleged spring is, in reality, water
runoff that is from irrigation on neighboring properties. The City Council further finds
that the recommendations of the applicant's geologist and the provisions of the
approved drainage plan, which were previously imposed as conditions of approval of
the project, adequately address and mitigate this issue. Moreover, as required by the
existing conditions of approval, the drainage plan was revised to incorporate the
recommendation of the geologist that a perforated sub -drain system be installed along
the property line to collect and divert future irrigation water. That sub -drain system
already has been installed on the property.
Section 3: In terms of potential environmental impacts resulting from the
proposed change to the originally approved grading quantities, the City Council finds
that the adopted Mitigated Negative Declaration, which analyzed a grading application
with 11,300 cubic yards of imported fill, analyzed all of the potential environmental
impacts relating to this project. The proposed revision to the approved grading
quantities reduces the amount of grading and consists of 10,600 cubic yards of fill and
900 cubic yards of export, 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 1, 9, 10, 12 and 13 will
not result in potential view impacts since the maximum roof ridgeline elevations, which
previously were established to mitigate potential view impacts, will not change except
for Lot 1. The two -foot increase to the ridge height of the home on Lot 1 will not impact
neighboring views because the proposed ridgeline increase will not significantly impact
views from the viewing area of neighboring properties, since these properties do not
maintain views in the direction of Lot 1. 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 4: For reasons discussed in the Initial Study, which is incorporated in
Resolution No. 2001 -70, the project will not have any potential to achieve short -term, to
the disadvantage of long -term, environmental goals, nor would the project have impacts
which are individually limited, but cumulatively considerable.
Section 5: 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
Resolution No. 2004 -89
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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 6: 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 7: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
City Council of the City of Rancho Palos Verdes hereby adopts Addendum No. 2 to
mitigated Negative Declaration / Environmental Assessment No. 708, referenced herein
as Exhibit `A', in connection with the approval of Revision `B' to Tract Map No. 52666
and Grading Permit No. 2282, thereby allowing a change in the originally approved
grading quantities from 24,900 cubic yards of earth movement with 3,100 cubic yards of
import to 22,100 cubic yards of earth movement (combined cut and fill) with 900 cubic
yards of export.
PASSED, APPROVED and ADOPTED thi
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2004 -89 was duly and regularly passed and adopted by the
said City Council at regular meeting thereof held on October 5, 2004.
i
City Clerk
Resolution No. 2004 -89
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RESOLUTION NO. 2004-89 — EXHIBIT A
ADDENDUM NO.2 TO ENVIRONMENTAL ASSESSMENT/
MITIGATED NEGATIVE DECLARATION (EA/ND) NO. 708
October 5, 2004
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 11,300 cubic yards of imported fill. This calculation was based on
the grading plans originally submitted by the applicant, which was significantly reduced
at the time the Commission considered the Tentative Tract Map. Notwithstanding, the
adopted Mitigated Negative Declaration determined that environmental impacts to
neighboring properties can be reduced to a level of insignificance with the appropriate
mitigation measures, such as dust control measures, restricted hours of construction,
and a designated haul route. As such, since the proposed revised grading quantities
currently before the Council remain significantly less than the quantities originally
analyzed under the Mitigated Negative Declaration, no intensification or new impacts
are introduced by the project. 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.
Exhibit "A"
Resolution No. 2004 -89
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