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CC RES 1997-021RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES FINDING THAT THE "INFORMATION ONLY" MAP DATED AS SUBMITTED TO THE CITY ON FEBRUARY 20, 1997 BY J.M. PETERS COMPANY IS IN SUBSTANTIAL CONFORMANCE WITH VESTING TENTATIVE TRACT MAP NO. 46628 APPROVED BY THE CITY ON MARCH 17, 1992 WHEREAS, on March 17, 1992, the City Council approved Conditional Use Permit No. 158 and Vesting Tentative Tract Map No. 46628 for a Residential Planned Development with 79 single family lots and 5 open space lots on a 132 acre vacant site located seaward of the terminus of Palos Verdes Drive West and Hawthorne Boulevard, between Lunada Pointe on the north and the Point Vicente Interpretive Center on the south; and, WHEREAS, as part of the dedication of nearly 71 acres of open space to the City, the project is conditioned to preserve certain areas of the site for wildlife habitat and to enhance the existing Coastal Sage Scrub habitat areas for use by the California gnatcatcher; and, WHEREAS, the subject property was recently purchased by J.M. Peters Company, who wishes to proceed with the approved Vesting Tentative Tract Map; and, WHEREAS, shortly after the approval of the project in 1992, the California gnatcatcher was listed as a federally threatened species and the City enrolled in the Natural Communities Conservation Planning (NCCP) program. In order for the developer to remove Coastal Sage Scrub habitat on the property prior to the adoption and certification of the City's NCCP program, the City must issue a special approval ( "4d" Permit), and the United States Department of Fish and Wildlife must concur with the issuance of this permit; and, WHEREAS, in order to concur with the issuance of the 4d Permit, the Unites States Fish and Wildlife Service has requested that the developer slightly modify the layout of the approved Vesting Tentative Tract Map, in order to provide a better connection between the habitat areas on the subject site and other habitat areas in the area, particularly the City Hall (upper Pointe Vicente Park) property. City Staff determined that the minor modification to the approved map would require the amendment of several of the conditions of approval for the Residential Planned Development approved through Conditional Use Permit No. 158 and a determination that the map was in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, WHEREAS, on February 14, 1997, the J.M. Peters Company submitted an application for Conditional Use Permit No. 158 - Revision "A" and an "information only" map to the Department of Planning, Building and Code Enforcement, with a request that the City find the map to be in substantial conformance with approved Vesting Tentative Tract Map No. 46628; and, WHEREAS, on February 14, 1997, after a courtesy notice was sent to all property owners within a 500 foot radius of the subject property, the Planning Commission adopted P.C. Resolution No. 97 -12, thereby approving Conditional Use Permit No. 158 - Revision "A" and forwarding a recommendation to City Council that the "information only" map is in substantial conformance with approved Vesting Tentative Tract Map No. 46628. Approval of the revision to the conditional use permit was contingent on the Council finding that the revised map was in substantial conformance with the 1992 approval; and, WHEREAS, on March 11, 1997, the City Council held a hearing on the determination of substantial compliance, at which time all interested parties were given an opportunity to be heard on the present evidence. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The "information only" map submitted by the applicant includes the following changes to the approved project: 1. The open space corridor along the bluff top at the southwest corner of the property where Open Space lot No. 82 abuts the Point Vicente Interpretive Center property to the south has been increased from approximately 200 feet to 300 feet in width. 2. The streets and residential lots in the southern portion of the site (the area abutting the southern property line and accessed from "A" Street, the bluff top road, by "D" Street) have been reconfigured to accommodate the 100' increase in setback from the top of the bluff. In order to accomplish the increase bluff top setback, the number of single family residential lots is this area of the site has been reduced by two lots. The revised lots and street are within the previously approved development and grading envelope. In addition, the side -to -side split level lots in this portion of the site have been modified to single -level pad lots, without increasing the overall height of the building pads. 3. In order to preserve the same number of single family lots as the original approval, Lot Nos. 78 and 79 have been re- located to the middle portion of the site, between Lot No. 36 and Open Space Lot No. 80 and would take access from "B" Street. Resolution No. 97 -21 Page 2 of 4 4. The pedestrian access corridor between Lot Nos. 18 and 19 has been shifted slightly to the south to be between Lots Nos. 21 and 22, so as to maintain a straight trail connection between Open Space Lot Nos. 80 and 82. Section 2: The "information only" map submitted by the applicant, is in substantial compliance with the approved Vesting Tentative Tract Map No. 46628 for the following reasons: 1. The number (79) and, therefore, the density of the single family residential lots is the same as the original approval. 2. The sizes and dimensions of the single family residential lots are generally consistent with the approved project. 3. The layout of the public streets and trails are consistent with the approved project, and provide the same connections as were provided in the original approval. 4. The number (5) and the total amount of acreage contained in the open space lots will remain the same. 5. Public access to the site, including the bluff top road and open space areas, will be provided in a manner consistent with the original approval. 6. Public and private views will continue to be protected over the site. 7. The building pads of several lots were be made more regular to more easily accommodate residential construction. Section 3: The proposed project, as modified, further mitigates or reduces significant adverse effects on the California gnatcatcher, since the proposed modifications will provide increased connectivity between the Coastal Sage Scrub habitat areas on the subject site and those on adjacent off -site properties in the surrounding area, as requested by the United States Fish and Wildlife Service. Section 4: On March 17, 1992, the City Council certified Final Environmental Impact Report No. 35 for the proposed project, including the associated Mitigation Monitoring Program and Statement of Overriding Considerations. Since the proposed modification are in substantial conformance with the approved project and substantially less than the project analyzed in EIR No. 35, the modifications will not result in any new significant impacts that were not identified in the certified EIR. In addition, substantial changes to the project would not occur with respect to the circumstances under which the Resolution No. 97 -21 Page 3of4 project is undertaken which would require revision to the certified EIR, since there are no new significant environmental impacts that were not considered in the certified EIR, and there is no new information of substantial importance to the project which indicates that the project will have one or more significant effects not discussed previously in the EIR. Therefore, the Environmental Impact Report previously certified for the proposed project adequate and does not require any further analysis or revision. Section 5: 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. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes, testimony received at the hearing and other records of proceedings, the City Council hereby finds that the "information only" map dated as received by the City on February 20, 1997 is in substantial conformance with Vesting Tentative Tract Map No. 46628 approved by the City on March 17, 1992. PASSED, APPROVED and ADOPTED this 11th day of March 1997. ATTEST: Cl CLERK AYO R VU STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OR RANCHO PALOS VERDES I, Jo Purcell, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 97 -21 was duly and regularly passed and adopted by the said City Council at an adjourned meeting held on March 11, 1997. ,-) Jo PJRancho ell, City Clerk Palos Verdes N: \GROUPIPLANNINGIRESOS\CC\CUP158 .RVA City Resolution No. 97- 21 Page 4 of �4