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CC RES 2001-070 RESOLUTION NO. 2001-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION THUS MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 708, 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 WITHIN THE CITY'S DESIGNATED RS-4 ZONING DISTRICT, WHICH WOULD REQUIRE 16,500 CUBIC YARDS OF ASSOCIATED GRADING ON PROPERTY LOCATED AT 3200 PALOS VERDES DRIVE WEST. WHEREAS, on January 28, 1999, applications for Tentative Tract Map No. 52666, Grading Permit No. 2282 and Environmental Assessment No. 708 were submitted to the Planning Department on behalf of the property owner, 3200 Palos Verde Drive West LLC., to allow the division of a 3.92 acre lot into thirteen (13) residential lots within the City's designated RS-4 zoning district; and, WHEREAS, Staff completed an initial review of the applications and plans submitted to the Planning Department and determined that additional information was needed in order to continue processing the request. Furthermore, the applicant was informed of some potential Staff concerns pertaining to views, noise, lighting, circulation, and aesthetics, thus recommending that an environmental consultant prepare the necessary environmental documents to determine the project's impact on the surrounding environment. Subsequently, Staff deemed the subject applications incomplete on February 22, 1999; and, WHEREAS, on January 3, 2000 a request for proposal was submitted to P&D Environmental Services seeking a cost and time line proposal to prepare the appropriate environmental documents; and, WHEREAS, on March 22, 2000 an official proposal was submitted to the City by P&D Environmental Services which was subsequently accepted by the City to complete said documents; and, WHEREAS, on April 18, 2001 the augmented project applications and revised plans, were reviewed by Staff and deemed complete for processing pursuant to the Permit Streamlining Act; 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., Resolution No. 2001-70 Page 1 of 6 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 Tentative Tract Map No. 52666 and Grading Permit No. 2282 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 was prepared on May 26, 2001 and circulated for public review between May 26, 2001 through June 15, 2001; and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring program has been prepared, and is attached to the Environmental Assessment No. 708 and Resolution as Exhibit "A"; 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 June 26, 2001, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at the June 26th meeting, the Commission directed Staff to further investigate design alternatives that address concerns pertaining to density and view impacts with the applicant and the surrounding neighbors. A unanimous motion to table action on the proposed tract map was passed by the Commission; and, WHEREAS, on July 12, 2001 Staff met with the applicant and surrounding neighbors to address the concerns identified at the June 26th Planning Commission meeting. At that time revised plans were presented to Staff as well as the neighbors, who collectively addressed the concerns pertaining to density and potential view impacts; and, WHEREAS, after issuing a new notice pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 14, 2001, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at its August 14, 2001 meting, after hearing public testimony, the Planning Commission adopted, with an unanimous motion, P.C. Resolution No. 2001-23 making certain findings related to the requirements of the California Environmental Quality Act and recommend that the City Council adopt a Resolution No. 2001-70 Page 2 of 6 Mitigation Monitoring Program and Mitigated Negative Declaration for the proposed project; and, WHEREAS, at its August 14 meeting, after hearing public testimony the Planning Commission adopted, with an unanimous motion, P.C. Resolution No. 2001-24, forwarding a recommendation of approval, pursuant to amendments to the conditions of approval, to the City Council; and, WHEREAS, on August 17, 2000, the required notices were mailed out to property owners within a 500' radius of the subject property and all interested parties informing them of the proposed project and the scheduled City Council public hearing on September 4, 2001. Furthermore, a notice was published in the Peninsula News on August 18, 2001; and, WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on September 4, 2001, 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: The subject applications would permit the division of a 3.92 acre lot into thirteen (13) residential lots. The proposed lots will maintain a minimum lot area of 10,000 square feet and a minimum contiguous lot area of 3,300 square feet, as required by the City's Development Code and Subdivision Ordinance for lots located within the designated RS-4 (Single-Family Residential) zoning district. As proposed, nine (9) of the lots will maintain access off Palos Verdes Drive West via a new publicly dedicated street, and the remaining four (4) lots will be accessed off Via Victoria, an existing public street. The subject property is currently improved with an existing single-family residence and detached garage that will be demolished prior to recording the final tract. Furthermore, the proposed subdivision requires 16,500 cubic yards of associated grading, consisting of 7,500 cubic yards of cut and 9,000 cubic yards of fill, of which 1,500 cubic yards will be imported onto the site. The City Council finds that the proposed project is permitted within the RS-4 zoning district, and would not result in significant adverse environmental impacts. In making this finding, the City Council considered the project's mitigation measures that address the issues of Aesthetics, Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water Quality. Section 2: That the creation of thirteen (13) single-family residential lots is consistent with the type of land use and density identified in the City's General Plan, Residential / 2-4 Dwelling Units per Acre; and, as conditioned, is consistent with the City's Development Code for projects within the RS-4 zoning district, and will not significantly impact the required land use. Resolution No. 2001-70 Page 3 of 6 Section 3: The proposed project will create thirteen (13) single-family residential lots that when developed will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecast in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing beyond what will developed. The project will not create a significant additional demand for fire or police protection, or other governmental services. Section 4: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract; and that the dedications required by local ordinance are shown on the Tentative Tract Map and/or are set forth in the attached conditions of approval. Section 5: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Quality Control Board. Section 6: The project requires 16,500 cubic yards of associated grading to prepare the site for residential development. As such, the City Council finds that the proposed project will not result in significant adverse affects to topography; destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; affect any plant or animal species or result in the removal of any sensitive Plant Life or Animal Life; or create a wasteful or inefficient use of the energy already being consumed on the site. Although on-site grading is proposed, a Geotechnical Report addressing the scope of the project grading has been conceptually approved by the City's Geotechnical Engineer in the Planning Stage, further reports will be required to be reviewed and approved by the City's Building Official and the City's Geotechnical Consultant prior to issuance of grading or building permits. Furthermore, the Geotechnical Report shall provide the developer with applicable conditions for which the project shall be constructed, along with other conditions that the City's Building Official and City's Geotechnical Consultant find necessary to ensure the project is constructed in a manner that does not jeopardize the public's health, safety and welfare. As such, the mitigation measures will ensure that the proposed project will not cause any significant geological impacts. Section 7: The proposed project will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting. Although there may be slight changes in the absorption rates, drainage patterns, and surface run-off on the subject site as a result of the proposed project. A proposed drainage plan shall be submitted to the City for review and approval pertaining to the implementation Resolution No. 2001-70 Page 4 of 6 of mitigation measures that address potential impacts to water patterns. Furthermore, in compliance with the Federal Clean Water Act, an Urban Stormwater Mitigation Plan shall be submitted to City for review and approval prior to the issuance of grading and building permits, as it pertains to implementation strategies that reduce stormwater runoff. As such, the City Council finds that such conditions will ensure that water patterns will not significantly impact the surrounding environment. Section 8: That the proposed land division will not generate traffic volumes that create substantial impacts to circulation patterns, parking capacity, or traffic congestion, as discussed in the Initial Study. Section 9: Although the construction of the proposed project is anticipated to generate noise levels uncommon to the surrounding environment, such noise will be temporary in nature and that the City has imposed conditions, in accordance with the City of Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code). Furthermore, mitigation measures require that all construction equipment engines be equipped with standard noise insulating features and are tuned to the manufacturer's recommendations. As such, the City Council finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties. Section 10: In regards to aesthetics, the City's Development Code requires new residential construction be developed in a manner that is consistent with the surrounding neighborhood, as it pertains to size, mass and bulk, architectural style and front yard setbacks, in order to preserve the character of established neighborhoods. As such, conditions require that the design of the future residences be reviewed under the City's "Neighborhood Compatibility" analysis. As proposed, the project will not affect a scenic highway in that ocean views are oriented in the opposite direction from the subject site. However, in regards to a scenic vista from surrounding properties, conditions have been incorporated into the project that require the structures to be constructed at a maximum roof ridgeline height, as measured from the finished pad elevations, and that the new structures be designed in a manner that maintain views laterally over the newly created lots, thereby preventing a significant impairment of ocean views. As such, the City Council finds that the proposed conditions will protect partial views of the Pacific Ocean from surrounding properties. Section 11: Grading of the site may cause some impacts to air quality as a result of air-borne dust particles. However, to ensure that there will be no significant impacts, mitigation measures have been added that require the applicant take specific actions to control air-borne dust particles. Resolution No. 2001-70 Page 5 of 6 Section 12: For reasons discussed in the Initial Study, which is incorporated herein by reference, 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 13: The applicant has consulted the lists prepared pursuant to Section 65962.5 of the Government Code and has submitted a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and has specified any such list. The Lead Agency has consulted the lists compiled pursuant to Section 65962.5 of the Government Code, and has certified that the development project and any alternatives proposed in this application are not included in these lists of known Hazardous Waste and Substances Sites as compiled by the California Environmental Protection Agency. Section 14: The mitigation measures set forth in the Mitigation Monitoring Program, Exhibit "A", attached hereto, 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 15: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study, Staff Reports, minutes, and records of the proceedings, the City Council has determined that the project as conditioned and mitigated will not result in a significant adverse impact on the environment and hereby adopts the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No. 708 to allow the land division of a 3.92 acre lot into thirteen (13) residential lots at a minimum lot area of 10,000 square feet within the RS-4 zoning district and to allow 16,500 cubic yards of associated grading on property located at 3200 Palos Verdes Drive West. PASSED, APPROVED and ADOPTED this 4th day of September, 2001. Mayo ATTEST: eb ► J: City Clerk Resolution No. 2001-70 Page 6of6 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. 2001-70 was duly and regularly passed and adopted by the said City Council at regular meeting thereof held on September 4, 2001. / # City Clerk Resolution No. 2001-70 TTM 52666 MITIGATION MONITORING AND REPORTING PROGRAM Environmental Measure Mitigation Measures Time Frame for Responsibility for Oversight for Issue Number Implementation Implementation Implementation Aesthetics Measures Aesthetics — AS -1 The proposed residences for Lots 9, 10 and 13, immediately adjacent During Project Proponent City Department of view corridors to Via Victoria, shall not exceed a maximum roof ridgeline elevation construction. Planning Building and of 400', pursuant to the City's Development Code. Code Enforcement (City PBCE) Aesthetics — AS -2 Each lot off Via Victoria shall maintain a partial view corridor for During all site Project Proponent City PBCE view corridors the residence across the street on Via Victoria. preparation, grading and construction. Aesthetics — AS -3 The project proponent shall submit a lighting plan for approval of the During all site Project Proponent City PBCE view corridors Director of PBCE prior to issuance of the project and residential preparation, building permits. grading and construction. Air Quality Measures Air Quality — AQ -1 The project proponent shall demonstrate to the Director of Planing, Prior to issuance Project Proponent Director of City PBCE dust control Building and Code Enforcement that dust generated by grading of grading activities shall comply with the South Coast Air Quality permits. Management District Rule 403 and the City Municipal Code Requirements which require watering for the control of dust. Air Quality — AQ -2 All grading activities shall cease during periods of high winds (i.e., During Project Proponent City PBCE dust control greater than 30 mph). To assure compliance with this measure, construction. grading activities are subject to periodic inspections by City staff. Air Quality — AQ -3 The project proponent shall provide the Director of PBCE with During all site Project Proponent Director of City PBCE construction weekly certifications that all construction equipment are fitted with preparation, equipment emission control devices and kept in proper tune. grading and emissions I construction. Biological Resources Measures -- No mitigation is required I -- F -- -- Cultural Resources Measures Cultural CR -1 A qualified paleontologist and archeologist shall be retained to During grading Project Proponent City PBCE Resources — monitor grading and excavation. In the event undetected buried and excavation. avoidance of cultural resources are encountered during grading and excavation, sites 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. Resolution No. 2001 -70 Page 1 of 5 TTM 52666 MITIGATION MONITORING AND REPORTING PROGRAM Environmental Measure Mitigation Measures Time Frame for Responsibility for Oversight for Issue Number Implementation Implementation Implementation Cultural CR -2 Evaluative archeological testing (Phase II investigation) of the Prior to any new Project Proponent City PBCE Resources — archeological site CA- LAN -2648 shall be conducted on the project excavation. avoidance of site. The Phase II investigation shall be consistent with the sites guidelines specified in the State Office of Historic Preservation's (OHP) Planning Bulletin Number 5 — February 1991 Guidelines for Archeological Research Designs. Cultural CR -3 If the results of the Phase II investigation report discussed in During all site Project Proponent City PBCE Resources — mitigation measure CR -2 show that the archeological site CA -LAN- preparation, avoidance of 2648 is considered to be a significant archeological resource under grading and sites the California Environmental Quality Act then an archeological construction. investigation in the form of a data recovery program (also referred to as a Phase III investigation) shall be conducted for the archeological site or the proposed project, including construction activities, shall be designed to ensure that this archeological site will be avoided and will not be damaged. Energy and Mineral Resources Measures -- T-No mitigation is required. -- -- Geologic Measures Geology — fault G -1 Subject to review and approval by the Director of the City Planning Prior to issuance Project Proponent Director of City PBCE rapture Building and Code Enforcement Department, implement all of the of grading recommendations in the following documents: Report of Geologic permits. Investigation Proposed Residential Construction Parcel Map No. 8744 (Keith Ehlert, 1998), Geological Response to City of Rancho Palos Verdes Review Letter Dated September 1, 1998 (Keith Ehlert, 1999) and the Report of Soil Engineering Investigation Proposed Residential Development Parcel Map No. 8744 (SWN Soil Tech Consultants, Inc., 1998). Geology — G -2 The project grading plan shall be reviewed and approved by the Prior to issuance Project Proponent Director of City PBCE changes in City's Director of Public Works and an engineer's report shall be of grading topography or prepared by the project proponent for review and approval by the permits. unstable soil Public Works Department which assures the City that the grade of conditions from the driveways of the lots along Via Victoria will not allow street excavation, drainage to flow onto these lots. grading or fill Hazards Measures -- No mitigation is required. -- -- -- Resolution No. 2001 -70 Page 2of5 TTM 52666 MITIGATION MONITORING AND REPORTING PROGRAM Environmental Measure Mitigation Measures Time Frame for Responsibility for Oversight for Issue Number Implementation Implementation Implementation Land Use Measures -- No mitigation is required. -- -- -- Noise Measures Noise — control N -1 Project construction activities shall comply with applicable City During Project Proponent City PBCE of construction noise restrictions. Construction activities shall be limited to hours construction. noise between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No project construction will be allowed on Sundays or on holidays. Population and Housing Measures -- No mitigation is required. T -- -- -- Public Services Measures Public Services PS -1 Coordinate with the County of Los Angeles Fire Department to Prior to Project Proponent County of Los — fire protection determine the appropriate mitigation to compensate for the increase construction. Angeles Fire in the demand for fire protection services due to the proposed project Department and any special site design considerations that would minimize fire hazards. The cul -de -sac to be constructed as part of this project shall be constructed to Fire Department Standards to allow room for fire trucks to turn around in the cul -de -sac. Public Services PS -2 Coordinate with the County of Los Angeles, Office of the Sheriff to Prior to Project Proponent County of Los — police determine the appropriate mitigation to compensate for the increase construction and Angeles Office of the protection in the demand for police protection services due to the proposed prior to issuance Sheriff project. Appropriate police service fees shall be paid before a Use of a Use and and Occupancy Permit is issued for the project. Occupancy Permit. Recreation Measures -- No mitigation is required. T -- -- -- Trans ortation /Circulation Measures Transportation/ T -1 Prepare a haul route plan for approval by the City's Public Works Prior to the Project Proponent City Public Works Circulation — Department. The project proponent shall also be required to post a issuance of a Department traffic bond with the City in an amount determined by the Public Works grading permit. Department that will provide for the repair of City streets damaged by the hauling of soil to the project site. Utilities and Service Systems Measures Utilities and U -1 Subject to the review and approval of the City PBCE, the project Prior to project Project Proponent City PBCE Service proponent shall provide evidence that they have received approval. Systems — water confirmation from the California Water Service Company that supplies current water supplies are adequate to serve the proposed project. Resolution No. 2001 -70 Page 3 of 5 TTM 52666 MITIGATION MONITORING AND REPORTING PROGRAM Environmental Measure Mitigation Measures Time Frame for Responsibility for Oversight for Issue Number Implementation Implementation Implementation Utilities and U -2 The City shall ensure that construction plans and specifications for Prior to Project Proponent City PBCE Service all proposed homes shall include the following interior water construction. Systems — water conservation measures for the following plumbing devices and supplies appliances: • Reduce water pressure to 50 pounds per square inch or less by means of a pressure- reducing valve. • Install water - conserving clothes washers. • Install water - conserving dishwashers and/or spray emitters that are retrofitted to reduce flow. • Install one - and - one -half gallon, ultra -low flush toilets. Utilities and U -3 Landscaping and irrigation plans for the public and private open Prior to the Project Proponent City PBCE Service space areas shall be submitted by the project proponent and issuance of Systems — water approved by the Director of PBCE, prior to the issuance of building building permits. supplies permits. Said plans shall incorporate, at a minimum, the following water conservation measures: • Extensive use of native plant materials. • Low water - demand plants. • Minimum use of lawn or, when used, installation of warm season grasses. • Grouped plants of similar water demand to reduce over- irrigation of low water demand plants. • Extensive use of mulch in all landscaped areas to improve the soil's water - holding capacity. • Drip irrigation, soil moisture sensors, and automatic irrigation systems. • Use of reclaimed wastewater, stored rainwater or grey water for irrigation. Utilities and U -4 Contact the Department of Water Resources for information on other Prior to the Project Proponent Director of Service water conservation techniques which could be incorporated into the issuance of Environmental Systems — water project design. Evidence of compliance with such other building permits. Services for the supplies recommendations shall be submitted to the Director of Department of Water Environmental Services. Resources Resolution No. 2001 -70 Page 4 of 5 TTM 52666 MITIGATION MONITORING AND REPORTING PROGRAM Environmental Measure Mitigation Measures Time Frame for Responsibility for Oversight for Issue Number Im lementation Implementation Implementation Water Resources Measures Water W -1 Subject to review and approval of the City Public Works and Prior to the Project Proponent City Public Works and Resources — Building and Safety Departments, the project proponent shall submit issuance of Building and Safety absorption a stormwater management plan which shows the on site and offsite grading permits. Departments rates, drainage stormwater conveyance systems that will be constructed by the patterns, and project proponent for the purpose of safely conveying stormwater off rate and amount of the project site. These drainage structures shall be designed in of surface accordance with the most current standards and criteria of the City runoff Engineer and Los Angeles County Department of Public Works (LACDPW) to ensure that adequate drainage capacity is maintained. The plan shall also show whether existing stormwater facilities off the site are adequate to convey storm flows. Water W -2 In accordance with the Clean Water Act, coordinate with the Prior to site Project Proponent RWQCB Resources — Regional Water Quality Control Board (RWQCB) regarding the grading. water quality required National Pollutant Discharge Elimination System (NPDES) permit for the project. The developer shall obtain this permit and provide the City with proof of the permit. Water W -3 Appropriate Best Management Practices, including sandbags shall be Prior to the Project Proponent City Engineer Resources — used to help control runoff from the project site during project issuance of water quality construction activities. grading permits and during construction. Water W -4 In accordance with the Clean Water Act, the project proponent shall Prior to site Project Proponent RWQCB Resources — coordinate with the Regional Water Quality Control Board grading. water quality (RWQCB) on the preparation of a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project. Resolution No. 2001 -70 Page 5 of 5