Loading...
CC SR 20180605 02 -Nantasket Public Hearing PUBLIC HEARING Date: June 5, 2018 Subject: Consideration and possible action to approve the redesigned residence for 11 Nantasket Drive (Lot No. 1) and approve revisions to the City Council-approved height, grading quantity, and lot coverage conditions of approval for 11 and 21 Nantasket Drive (Case Nos. PLRV2018-0010 and -0011) Subject Property/Location: 11 Nantasket Drive and 21 Nantasket Drive 1. Report of Notice Given: City Clerk 2. Request for Staff Report: Mayor Brooks 3. Staff Report & Recommendation: Amy Seeraty, Senior Planner 4. Council Questions of Staff (factual and without bias): 5. Declare Public Hearing Open: Mayor Brooks 6. Public Testimony: Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation. A. Applicant: Allen Wix (Wix Design) Property Owner: Dana Ireland i. Mayor Brooks invites the Applicant to speak. (10 mins.) B. Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. 7. Rebuttal: Mayor Brooks invites brief rebuttals by Appellant and Applicant. (3 mins) Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have spoken. 8. Council Questions of Appellant (factual and without bias): 9. Council Questions of Applicant (factual and without bias): 10. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Brooks 11. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 12. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional testimony; continue the matter to a later date for a decision. RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/05/2018 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to approve the redesigned residence for 11 Nantasket Drive (Lot No. 1) and approve revisions to the City Council-approved height, grading quantity, and lot coverage conditions of approval for 11 and 21 Nantasket Drive (Case Nos. PLRV2018-0010 and -0011). RECOMMENDED COUNCIL ACTION: (1) Approve, via Minute Order, the redesigned residence for 11 Nantasket Drive, finding that it minimizes the impairment of views from properties located at 6619, 6617 and 6615 Beachview Drive pursuant to Condition No. 46 of Resolution No. 2010-87; and, (2) Adopt Resolution No. 2018-___, approving Revision A to the City Council- approved Grading Permit and Coastal Permit to increase the structure height, grading quantity, and lot coverage conditions of approval for 11 and 21 Nantasket Drive. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Resolution No. 2018-___ (page A-1) B. Public Correspondence (page B-1) C. Project Plans (page C-1) D. City Council Resolution No. 2010-87 (page D-1) E. City Council Resolution No. 2010-09 (page E-1) F. City Council Resolution No. 2010-08 (page F-1) BACKGROUND AND DISCUSSION: On February 2, 2010, the City Council adopted Resolution Nos. 2010-08 and 2010-09 (Attachments F and E, respectively), approving Vesting Tentative Parcel Map No. 69928 along with the related Mitigated Negative Declaration, General Plan 1 Amendment, Coastal Specific Plan Amendment, Zone Change, Variance, Grading Permit, Height Variation, and Coastal Development Permit to allow the subdivision of an existing 1.41-acre vacant parcel on Nantasket Drive (east of the Terranea Resort) into 4 residential lots to accommodate the construction of a single-family residence and associated grading on each lot (see illustration below). On August 13, 2010, the Coastal Commission approved the project, including a modification to the Coastal Specific Plan. On September 21, 2010, the City Council adopted Resolution No. 2010-87 (superseding Resolution No. 2010-09), approving the Coastal Commission-modified policies and language to the City’s certified Coastal Specific Plan (Attachment D). On April 7, 2014, the Final Vesting Parcel Map No. 69928 was recorded. On May 5, 2015, the City Council approved a one-year time extension for the Planning 2 Entitlements, setting their new expiration date as April 7, 2016. On March 15, 2016, prior to permit expiration, the Applicant submitted rough grading plans for all 4 lots to the Building and Safety Division, for which a rough grading permit is expected to be issued within the next two weeks. On May 11, 2018, in accordance to Condition No. 46 of Resolution No. 2010-87, redesigned architectural plans for 11 Nantasket Drive were submitted to the City reducing the footprint of the originally-approved residence. At the same time, a request was made to amend the Grading Permit and Coastal Development Permit (original permit numbers ZON2008-00075 & -00076) for 11 and 21 Nantasket Drive to modify certain City Council-adopted conditions of approval. The application was deemed complete for processing on May 14, 2018. On May 17, 2018, a public hearing notice was mailed to property owners and homeowners’ associations within a 500-foot radius of 11 and 21 Nantasket Drive and to the Coastal Commission, and was published in the Palos Verdes Peninsula News. One written comment was received in response to the public notice (Attachment B). Redesigned Residence at 11 Nantasket Drive (Lot 1) In 2010, when the City Council was originally considering the proposed subdivision, concerns were raised regarding potential view impacts to certain properties located on Beachview Drive. Of particular concern were potential view impacts caused by the structure at 11 Nantasket Drive, also referred to as Lot 1. This structure is on a sloping lot that allows a “by-right” building height envelope of 16’ as measured from the highest existing grade adjacent to the structure (15.2’ proposed) and 30’ as measured from the lowest finished grade (25.1’ proposed). Although the City’s view ordinance is not triggered for structures within the 16’/30’ “by-right” height envelope for sloping lots, such as 11 Nantasket Drive, the Beachview Drive residents requested that this residence be redesigned to reduce the impact on their views. In response, the City Council adopted Condition No. 46 of Resolution No 2010-87, requiring the residence be redesigned to minimize view impairment. The Condition specifically states: 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 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. 3 In accordance to Condition No. 46, revised architectural plans were submitted to the City, reducing the building footprint along the entire length of the south facing façade and a portion of the rear façade of the residence at 11 Nantasket Drive (Lot 1). It should be noted that the revised architectural plans were submitted after the rough grading plans were submitted to the Building and Safety Department, and this is because the Director of Community Development determined that the submittal of rough grading plans did not trigger satisfaction of this condition. To determine whether the revised design would minimize a potential view impairment, Staff conducted a view assessment from the properties at 6619, 6617, and 6615 Beachview Drive, as described below (aerial maps with the extent of the view frame are shown in yellow, as well as photographs of the viewing areas). The Applicant sent letters to the property owners of 6619, 6617, and 6615 Beachview Drive, requesting to visit their properties to conduct view analyses with Staff. Two of the three property owners coordinated site visits with the Applicant and Staff. The property owner at 6619 Beachview Drive (who would benefit the most from the project revision) did not make himself available to meet, despite several attempts made by the Applicant. 6619 Beachview Drive The residence at 6619 Beachview Drive has a view of the ocean and Catalina Island from the viewing area of the first floor window, which would be impaired by the original design of the residence at 11 Nantasket Drive. To minimize this view impairment, the Applicant has reduced the size of the residence by 538ft2 by cutting back the entire south facing facade of the residence, which Staff believes provides a wider view frame of the ocean and Catalina Island from the viewing area of 6619 Beachview Drive, as illustrated below. Approx. extent of view with 2010 design Approx. extent of view increase with redesign 11 21 4 6617 Beachview Drive The proposed structure at 11 Nantasket Drive will be located entirely behind the existing building at 6619 Beachview Drive and will therefore not be visible. As a result, there would be no view impacts caused by the proposed structure on 11 Nantasket Drive, as illustrated below. 6615 Beachview Drive The proposed structure on 11 Nantasket Drive is outside of the view frame and therefore, not visible. As a result, there would be no view impacts caused by the proposed structure on 11 Nantasket Drive, as illustrated below. Based on the above analysis, Staff believes that the redesign for 11 Nantasket Drive minimizes view impacts from the Beachview Drive properties, and is therefore in compliance with Condition No. 46 on Resolution No. 2010-87. 11 21 31 41 6619 Beachview Dr 11 21 31 41 The 11 Nantasket structure is to the right of this photo, outside of the visible view frame. Avana (previously Villa) Apartment building Avana (previously Villa) Apartment building Photo – 6617 Beachview Drive The 11 Nantasket structure is to the right of this photo, outside of the visible view frame. 5 Revised Conditions of Approval for 11 and 21 Nantasket Drive The Applicant is requesting revisions to the 2010 City Council-approved Conditions of Approval related to height, grading quantities, and lot coverage for the residences on the following two lots: 11 Nantasket Drive (Lot No. 1) • Increase the total structure height by 1’ from 24.1’ to 25.1’, by reducing the pad elevation from 156’ to 155’. The maximum roof ridgeline elevation will not increase and will remain at the approved maximum ridgeline elevation of 180.1’; • Increase the allowed grading from 340yd3 cut to 735yd3 cut to accommodate the lowered pad elevation; and, • Increase the lot coverage from 35% to 37% to accommodate an increased balcony/loggia footprint and new exterior stairs. 21 Nantasket Drive (Lot No. 2) • Increase the total structure height by 1’, from 24.1’ to 25.1’, by reducing the pad elevation from 141.3’ to 140.3’. The maximum roof ridgeline elevation will not increase and will remain at the approved maximum ridgeline elevation of 165.4’; • Increase the allowed grading from 793yd3 cut to 1,343yd3 of cut to accommodate the lowered pad elevation; and, • Increase the lot coverage from 32.5% to 36%, resulting from an enlarged balcony/loggia and new stairs. In accordance to Condition No. 45 of Resolution No. 2010-87, a revision to the City Council-approved Grading Permit must be considered by the City Council because the grading quantities are increasing to lower the building pads for 11 and 21 Nantasket Drive to accommodate a 1’ increase to the overall height of these structures. Additionally, a revision to the City Council-approved Coastal Development Permit is also required for any major changes to an approved project within the Coastal Zone. Grading Permit Revision In order to consider the Applicant’s request to increase the overall grading from 4,028yd3 to 4,973yd3, an increase of 945yd3, the City Council must find that the following criteria set forth in Section 17.76.040(E) of the Municipal Code can still be met 1. The grading does not exceed that which is necessary for the permitted primary use of the lot; 2. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties; 3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural; 6 4. The grading 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 the natural topography; 5. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character; 6. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas; 7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside; 8. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation; and, 9. The grading conforms to the following standards: Development Standard Grading Criteria a) Grading on slopes over 35% steepness Permitted on lots created prior to the City’s incorporation, not zoned OH, based upon a finding that the grading will not threaten public health, safety and welfare b) Maximum finished slopes 35% steepness, unless next to a driveway where 67% steepness is permitted c) Maximum depth of cut or fill Except for the excavation of a basement or cellar, a fill or cut not exceeding 5’ depth, unless based upon a finding that unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary d) Restricted grading areas No grading on slopes over 50% steepness e) Retaining walls One 8’-tall upslope wall (unless in front yard or street side setback) One 3½’-tall downslope wall One 3½’-tall up- or downslope wall in each side yard One 5’-tall up- or downslope wall adjacent to driveway Retaining walls within building footprint may exceed 8’ f) Driveways 20% maximum slope permitted, with a single 10’-long section up to 22% 67% slopes permitted adjacent to driveways In 2010, the City Council approved a total of 4,028yd3 of earth movement for the development of four terraced building pads to accommodate the construction of four single-family residences. The proposed revision to lower the pad elevations of Lots 1 and 2 by 1’ would result in an additional 395yd3 of cut for 11 Nantasket Drive (Lot No.1) and an additional 550yd3 of cut for 21 Nantasket Drive (Lot No. 2), for a total of 945yd3 of additional cut. Although the grading quantity is proposed to increase, Staff believes that the additional grading does not exceed that which is necessary for the primary 7 permitted use for the RS-3 zoning district, which supports the construction of single- family residences. The proposed increase to the overall grading quantities to lower the building pads for 11 and 21 Nantasket Drive will not modify the original lot design approved by the Council. The proposed building pads will continue to step down the slope in the same direction as the existing slope, thereby minimizing disturbance to the natural contours and blending any man-made or manufactured slope into the natural topography. Furthermore, the additional grading does not constitute a granting of special privileges inconsistent with the limitations upon other neighboring properties, as many other properties in the City, especially in the surrounding neighborhood, are terraced and have similar grading to allow for split-level homes to be notched into existing slopes. In terms of neighborhood compatibility, the increased grading will not alter the architectural style of the two homes originally approved by the City Council. The architectural materials will continue to consist of smooth stucco finishes, stone and wood details, and hip-pitched roofs with clay tile roof materials. As split-level structures, the two-story portion of the façades will continue to only be visible at the rear (west) elevations, which face Terranea, and left side elevations, which face the adjacent properties to the south. Furthermore, the 1’ increase in overall structure height will be negligible, due to the continued incorporation of a variety of design elements that enhance the articulation of the facade and further minimize bulk and mass, as viewed from the street. In order to soften the visual appearance of the 1’ structure height increase resulting from a lowered building pad, several garden planters, ranging from 2 to 6 feet in height are proposed along the street-facing façade. The increase in the approved lot coverage by 2% and 3.5% for Lots 1 and 2, respectively, to accommodate a larger balcony/loggia and new exterior stairs will continue to be consistent with the immediate neighborhoods to the north and south of the properties and will continue to be within the maximum allowed lot coverage for the RS-3 zoning district, as shown in Table 1 below. Table 1 Development Standard Allowed Approved Proposed Lot Coverage Lot 1 Lot 2 Lot 1 Lot 2 Lot 1 Lot 2 45% 45% 35% 32.5% 37% 36% Therefore, Staff believes the requested revisions to the building pads and grading quantities for 11 and 21 Nantasket Drive remain compatible with the immediate neighborhood character, as well as with all the required Grading Permit findings made by the City Council in 2010. 8 Coastal Development Permit Revision The project is located entirely within the appealable portion of the City’s Coastal Zone (Subregion 2) and therefore, the proposed modifications require the processing of a revision to the Coastal Development Permit. Pursuant to Section 17.72.090 of the Municipal Code, the City Council must find that the proposed revisions do not result in changes to the findings originally made in 2010 (findings are shown in bold followed by Staff’s analysis). A. The proposed development is consistent with the Coastal Specific Plan. There are several policies listed in the Coastal Specific Plan that are particular to Subregion 2. Several of these policies were amended and one policy was added via the previously-approved project, which included a Coastal Specific Plan Amendment. These policies are listed in bold italics below, with Staff’s analysis in normal type. 1. Encourage the county to incorporate native plant materials beneficial to migratory and resident bird species into the landscaping plan for Point Vicente Beach Park. This policy is not applicable as the project is not within or directly adjacent to Point Vicente Beach Park. 2. Encourage establishment of designated intertidal areas as marine reserves and apply strict enforcement of the regulations of the reserves. This policy is not applicable as the project is not within or directly adjacent to any marine reserves. 3. Encourage restoration of kelp beds off Point Vicente. This policy is not applicable as the project site is not within or directly adjacent to any kelp beds. 4. Encourage the inclusion of Point Vicente Lighthouse in the national register of Historic places. This policy is not applicable as the project site is not within or directly adjacent to the Point Vicente Lighthouse property.1 5. Ensure that impacts such as noise, outdoor lighting, etc., are mitigated at the point of origin. The project includes conditions of approval imposed by the City Council, intended to address potential impacts to neighboring properties specific to noise and outdoor 1 The Point Vicente Lighthouse was added to the National Register in 1980. 9 lighting. At this time, the project plans do not include specific ancillary improvements such as a swimming pool or mechanical equipment (i.e., pool equipment, air conditioning condensers, and fountains) that could generate noise impacts, nor outdoor lighting which could generate glare impacts. Thus, the proposed project is consistent with this policy. 6. Encourage mass transit systems to service Subregion 2, especially during peak use periods, in order to reduce the amount of auto intrusion onto the Peninsula. This policy is not applicable as it does not involve the expansion of any mass transit systems nor will generate excessive auto intrusion onto the Peninsula. 7. Encourage actions deemed necessary or appropriate in the upgrading of Marineland and its activities so long as such action(s) is not- detrimental and does not result in an adverse effect on surrounding areas. This policy is not applicable as Marineland no longer exists (it was replaced by the Terranea Resort). 8. Change the primary land use on the 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 from agriculture to residential. Parcels adjacent to the natural habitat areas created as mitigation for development of the Terranea Resort 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 noninvasive, 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." Prior to the issuance of building permits, a proposed landscape plan will be reviewed and approved by the City’s landscape consultant to ensure compliance with this policy, which is also required by the conditions of approval for the subdivision project. The conditions of approval also require the plants be installed prior to building permit final and that the property owner(s) will be required to maintain the landscaping in perpetuity. With the incorporation of these conditions, the proposed project is consistent with this policy. 10 9. Require the Point Vicente Beach Park site plan to reflect city concerns with regard to shoreline access and prohibit any stairway. This policy is not applicable as the subject lot is not within or directly adjacent to Point Vicente Beach Park (now known as Pelican Cove Park). 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 Nantasket Drive." The proposed residences do not include any physical obstructions to the sidewalk along Nantasket Drive, and any future proposed ancillary improvements will not be allowed to obstruct the trail/sidewalk. Therefore, the proposed project is consistent with this policy. Based on the discussion above, Staff believes that the proposed project is consistent with the City’s Coastal Specific Plan, and that this finding can be made. B. The proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The project is located between the sea and the first public road (i.e., Palos Verdes Drive South), and the revisions being considered will not impact public access to the sea and do not include improvements that may obstruct the public’s use of the sidewalk or public street along Nantasket Drive, which connects to the Flowerfield Trail on the Terranea Resort site. Therefore, Staff believes that this finding can be made. Based on the discussion above, Staff believes that the required findings can still be made supporting the original City Council-approved Coastal Development Permit. Since the project site is located within the appealable portion of the City’s coastal zone, an appeal of the City Council’s decision may be filed with the Coastal Commission by any aggrieved person or any two members of the Coastal Commission. Any such appeal must be submitted in writing to the Coastal Commission within 10 working days following the receipt of the Final Notice by the Coastal Commission, which is mailed out to all interested parties and the Coastal Commission within seven (7) days of the City Council’s decision. It should also be noted that for the Council’s reference, the attached resolution (Attachment A) identifies the modified condition language as struck out for the deleted text and underlined for the added conditions, but the final resolution will be a clean version with no strike-outs or underlines. 11 ADDITIONAL INFORMATION Public Correspondence In response to the public notice, the City received an email from Sunshine regarding the proposed project (Attachment B). She raises concerns about view impact issues associated with foliage along Palos Verdes Drive South and the prospect of acacia eradication in the City, both of which are not related to the project revision under consideration by the City Council this evening. She also asks whether or not the City may wish to use the soil, which is now proposed to be exported from the site, for City projects. It would be up to the Applicant and the Public Works Department to determine whether or not the exported soil from this site is needed for City projects. Property Maintenance The City recently received a complaint about the unsightly and neglected condition of 11 Nantasket Drive with trash and an overgrown tree that extends onto the sidewalk. Staff informed the Applicant that in order to avoid delays in processing this application, the property maintenance issues, which are a violation of Section 8.24 of the Municipal Code, must be corrected by June 1, 2018. Sidewalk (Trail) and Parkway Improvements Condition No. 17.b of Resolution No. 2010-87 requires the Applicant to remove and replace any damaged or off-grade portions of the existing sidewalk for the entire project frontage length of Nantasket Drive. Prior to recording the Final Map in 2014, the Applicant posted a surety bond with the City to assure this occurs to the City’s satisfaction. Additionally, Condition No. 60 requires the sidewalk, which is a segment of the Flowerfield Trail that provides a connection between the neighborhood and Terranea Resort, remain open to the public and unobstructed with site improvements, such as gates or guardhouses. As proposed, there will be no impacts or obstructions to the Flowerfield Trail. Furthermore, Condition No. 18 of Resolution No. 2010-87 states that it is the property owners’ responsibility to maintain landscaping in the public right-of- way and keep it in a safe condition. Ancillary Site Improvements The Applicant has informed Staff that they are considering submitting plans for ancillary site improvements, such as swimming pools, for 11 and 21 Nantasket Drive. These improvements will require the processing of a Coastal Development Permit along with a Site Plan Review, which would be considered by the City’s Coastal Hearing Officer (Director of Community Development) at a noticed public hearing pursuant to Section 17.72.070(B) of the Municipal Code. 12 Total Structure Square Footage Condition No. 45 of Resolution No. 2010-87 requires that the cumulative total square footage of all four residences plus garages do not exceed 23,411.7ft2, and that the structure size of any one residence plus garage does not exceed 6,744ft2. This requirement stems from a determination by the City Council in 2010 that the four proposed homes were still slightly too large, but that the project could be approved with a condition requiring a 10% reduction in the total square footage of all four structures. The structures on 11 and 21 Nantasket are both proposed to be 5,895ft2, making the total square footage of all four structures 23,408ft2, which is 3.7ft2 less than the allowed 23,411.7ft2.2 CEQA Compliance Pursuant to §15162 of the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), no additional environmental review is required for the project beyond the original City Council- adopted Mitigated Negative Declaration, as there are no new significant environmental effects, nor a substantial increase in the severity of previously-identified significant effects. CONCLUSION: Based on the foregoing discussion, Staff recommends that the City Council approve, via Minute Order, the redesigned residence at 11 Nantasket Drive in accordance with the City Council-adopted Condition No 46 of Resolution No. 2010-87; and adopt the attached Resolution No. 2018-__, approving the revised Grading Permit and Coastal Development Permit to allow modifications to the conditions of approval for 11 and 21 Nantasket Drive. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Approve the redesigned residence at 11 Nantasket Drive, but deny the revisions to the Grading Permit and Coastal Development Permit, and direct Staff to return with a revised resolution for adoption on June 19, 2018. 2. Reject the redesigned residence at 11 Nantasket Drive and deny the revisions to the Grading Permit and Coastal Development Permit, and direct Staff to return with a revised resolution for adoption on June 19, 2018. 2 For the City Council’s information only, the plans for the residences and garages for 31 and 41 Nantasket (Lot Nos. 3 and 4) are currently under review in the Building and Safety Division and measure 5,583ft2 and 6,035ft2, respectively. 13 3. Identify any issues of concern with the proposed project, provide Staff and/or the Applicant with direction in modifying the project, and continue the public hearing. 14 RESOLUTION NO. 2018-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “A” TO CITY-COUNCIL-APPROVED GRADING PERMIT AND COASTAL DEVELOPMENT PERMIT TO INCREASE THE STRUCTURE HEIGHT, GRADING QUANTITY, AND LOT COVERAGE CONDITIONS OF APPROVAL FOR 11 AND 21 NANTASKET DRIVE WHEREAS, on February 2, 2010, the City Council adopted Resolution Nos. 2010- 08 and 2010-09, approving Vesting Tentative Parcel Map No. 69928 along with the related Mitigated Negative Declaration, General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, Variance, Grading Permit, Height Variation, and Coastal Development Permit to allow the subdivision of an existing 1.41-acre vacant parcel into 4 residential lots to accommodate the construction of a single-family residence and associated grading on each lot; and, WHEREAS, on August 13, 2010, the Coastal Commission, approved the project, including a modification to the Coastal Specific Plan; and, WHEREAS, on September 21, 2010, the City Council adopted Resolution No. 2010-87, (superseding Resolution No. 2010-09), approving the Coastal Commission- modified policies and language to the City’s certified Coastal Specific Plan; and, WHEREAS, on April 7, 2014, the Final Vesting Parcel Map No. 69928 was recorded with the Los Angeles County Recorder’s Office; and, WHEREAS, on May 5, 2015, the City Council approved a one-year time extension for the Planning Entitlements, setting their new expiration date of April 7, 2016; and, WHEREAS, on March 15, 2016, prior to permit expiration, the Applicant submitted rough grading plans for all four lots to the Building and Safety Division; and, WHEREAS, on May 11, 2018, in accordance to Condition No. 46, revised architectural plans for 11 Nantasket Drive were submitted to the City reducing the footprint of the originally approved residence. At the same time, a request was made to amend the Grading Permit and Coastal Development Permit (original permit numbers ZON2008- 00075 & -00076) for 11 and 21 Nantasket Drive to modify certain conditions of approval pertaining to structure height, grading quantity, and lot coverage; and, WHEREAS, the applications were deemed complete for processing on May 14, 2018; and, A-1 Resolution No. 2018-__ Page 2 of 21 WHEREAS, on May 17, 2018, a public hearing notice was mailed to properties and homeowner’s associations within a 500’ radius of the subject site and the Coastal Commission, and was published in the Palos Verdes Peninsula News; and, WHEREAS, Pursuant to §15162 of the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), no additional environmental review is required for the project beyond the original Council- adopted Mitigated Negative Declaration, as there are no new significant environmental effects, nor a substantial increase in the severity of previously identified significant effects; and WHEREAS, on June 5, 2018, the City Council held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, the application findings made by the City Council under Resolution Nos. 2010-08, 2010-09, and 2010-87 shall still apply unless modified under this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The above recitals are hereby incorporated into this Resolution as set forth herein. Section 2: That the approved project consists of the following: 11 Nantasket Drive (Lot No. 1) • Increase of the total structure height by 1’ from 24.1’ to 25.1’, by reducing the pad elevation from 156’ to 155’ and not changing the approved maximum ridgeline elevation of 180.1’; • Increase of the allowed grading from 340yd3 cut to 735yd3 cut to accommodate the lowered pad elevation; and, • Increase of the lot coverage from 35% to 37% to accommodate an increased balcony/loggia footprint and new exterior stairs. 21 Nantasket Drive (Lot No. 2) • Increase of the total structure height by 1’, from 24.1’ to 25.1’, by reducing the pad elevation from 141.3’ to 140.3’ and not changing the approved maximum ridgeline elevation of 165.4’; • Increase of the allowed grading from 793yd3 cut to 1,343yd3 of cut to accommodate the lowered pad elevation; and, • Increase of the lot coverage from 32.5% to 36%, resulting from an enlarged balcony/loggia and new stairs. A-2 Resolution No. 2018-__ Page 3 of 21 Section 3: The Major Grading Permit is amended because the City Council finds that the project meets the following criteria as set forth in Section 17.76.040(E) of the Municipal Code: 1. The grading does not exceed that which is necessary for the permitted primary use of the lot; 2. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties; 3. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural; 4. The grading 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 the natural topography; 5. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character; 6. In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction on hillside areas; 7. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside; 8. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation; and, 9. The grading conforms to the following standards: grading on slopes over 35% steepness will not threaten public health, safety, and welfare; maximum 35% finished slopes; 5’ maximum depth of fill; retaining wall heights, and maximum 20% for driveway slopes and 67% slopes adjacent to driveway. The approved revision to lower the pad elevations by 1’ results in an additional 395yd3 of cut for 11 Nantasket Drive (Lot No.1) and an additional 550yd3 of cut for 21 Nantasket Drive (Lot No. 2), for a total of 945yd3 of additional cut to the originally- approved 4,028yd3 of grading. Although the grading quantity is proposed to increase, the additional grading does not exceed that which is necessary for the primary permitted use for the RS-3 zoning district, which supports the construction of single- family residences. The original approved lot design will not change, in that the approved building pads will continue to step down the slope in the same direction as the existing slope, thereby minimizing disturbance to the natural contours and blending any man-made or manufactured slope into the natural topography. The additional grading does not constitute a granting of special privileges inconsistent with the limitations upon other neighboring properties, as many other properties in the City, especially in the A-3 Resolution No. 2018-__ Page 4 of 21 surrounding neighborhood, are terraced and have similar grading to allow for split- level homes to be notched into existing slopes. In terms of neighborhood compatibility, the increased grading will not alter the architectural style of the two homes originally approved by the City Council. The architectural materials will continue to consist of smooth stucco finishes, stone and wood details, and hip-pitched roofs with clay tile roof materials. As split-level structures, the two-story portion of the façades will continue to only be visible at the rear (west) elevations, which face the Terranea Resort, and left side elevations, which face the adjacent properties to the south. Furthermore, the 1’ increase in overall structure height will be negligible, due to the incorporation of a variety of design elements, including garden walls that enhance the articulation of the facade and further minimize bulk and mass, as viewed from the street. Section 4: The Coastal Development Permit is amended based on the following findings: A. The project is consistent with the Coastal Specific Plan. More specifically, the project is consistent with the following applicable amended policies of Subregion 2 of the City’s Coastal Specific Plan: 1. Ensure that impacts such as noise, outdoor lighting, etc., are mitigated at the point of origin. The conditions of approval address potential impacts to neighboring properties specific to noise and outdoor lighting. Future improvements will require a Coastal Development Permit to be processed along with the required Site Plan Review application, and appropriate conditions will be added at that time to ensure such adverse impacts are mitigated, such as limiting noise generated by mechanical equipment not to 65 dBA at the property line and regulating the wattage and the direction of outdoor lighting in accordance to Section 17.56.030 of the Municipal Code. A lighting plan will be required to be approved prior to building permit final. 2. Change the primary land use on the 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 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 A-4 Resolution No. 2018-__ Page 5 of 21 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 noninvasive, 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." Prior to the issuance of building permits, a proposed landscape plan will be approved by the City’s landscape consultant to ensure compliance with this policy and the project’s original Conditions of Approval. Prior to building permit issuance, the City-approved landscaping will be installed and is conditioned to be maintained in perpetuity by the property owner. 3. 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." The proposed residences do not include any physical obstructions to the sidewalk along Nantasket Drive, and any future proposed ancillary improvements will not be allowed to obstruct the trail. B. The proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. The lowered building pads do not impact the public’s access to the sea, as there are no trails or public access across the properties at 11 and 21 Nantasket Drive, and no obstructions are proposed within the sidewalk or public street along Nantasket Drive, which connects to the Flowerfield Trail on the Terranea Resort site. The proposed revisions also do not impact any of the recreational marine activities in Subregion 2. Section 5: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. Section 6: The time within which judicial review of the decision reflected in this Resolution must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or other applicable short periods of limitation. A Final Notice of Decision will be mailed out to all interested parties and the Coastal Commission within seven days of the City Council’s decision on this application. An appeal of the City Council’s Decision may then be filed by an applicant, any aggrieved person or any two members of the Coastal Commission within 10 working days following the receipt of the Final Notice by A-5 Resolution No. 2018-__ Page 6 of 21 the Coastal Commission. If no appeal is filed to the Coastal Commission, the decision shall become final. PASSED, APPROVED and ADOPTED this 5th day of June 2018. _________________________________ Mayor ATTEST: ____________________________ City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2018-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 5, 2018. __________________________________ CITY CLERK A-6 Resolution No. 2018-__ Page 7 of 21 RESOLUTION 2018- EXHIBIT 'A' REVISION “A” TO THE CONDITIONS OF APPROVAL FOR VESTING TENTATIVE PARCEL MAP NO. 69928, MITIGATED NEGAVTIVE DECLARATION, GENERAL PLAN AMENDMENT, COASTAL SPECIFIC PLAN AMENDMENT, ZONE CHANGE, VARIANCE, GRADING PERMIT, HEIGHT VARIATION, AND COASTAL DEVELOPMENT PERMIT (PLANNING CASE NOS. PLRV2018-0010 AND PLRV2018-0011) 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. 4a. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and A-7 Resolution No. 2018-__ Page 8 of 21 other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. ADDED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO. 2018-XX 4b. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. ADDED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018-XX 4c. Pursuant to Section 17.78.040, the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. ADDED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018-XX 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. A-8 Resolution No. 2018-__ Page 9 of 21 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. A-9 Resolution No. 2018-__ Page 10 of 21 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 Plan120-1 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 A-10 Resolution No. 2018-__ Page 11 of 21 times, separate Fine Grading Plans may be prepared for those houses in addition to the previously required Rough Grading Plan. 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 %20Hydrology%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 A-11 Resolution No. 2018-__ Page 12 of 21 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. 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. A-12 Resolution No. 2018-__ Page 13 of 21 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. 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 A-13 Resolution No. 2018-__ Page 14 of 21 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. 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 6:00pm, Monday through Saturday Friday, and 9:00am to 5:00pm on Saturday. There shall be no construction on Sundays or federally observed holidays. REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018- XX 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 Friday, and before 9:00 AM on Saturday, in accordance with the permitted hours of construction stated above. REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018- XX 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 A-14 Resolution No. 2018-__ Page 15 of 21 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 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. DRAINAGE 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 A-15 Resolution No. 2018-__ Page 16 of 21 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 4,973 cubic yards of grading, which is distributed as follows: LOT # CUT (cy) FILL (cy) MAX DEPTH OF CUT MAX HEIGHT OF FILL 1 340 735 809 5.5 6.5ft. 6-ft. 2 793 1,343 248 5.7 6.7-ft. 1.8-ft. 3 431 489 10-ft 3.1 4 393 132 2-ft. 4-ft. TOTAL 1,957 2,902 2,071 -- -- REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018-XX 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. A-16 Resolution No. 2018-__ Page 17 of 21 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 Saturday Friday, and before 9:00 AM on Saturday, in accordance with the permitted hours of construction stated in Section 17.56.020(B) of the Rancho Palos Verdes Municipal Code. REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018-XX 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 A-17 Resolution No. 2018-__ Page 18 of 21 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: 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% 37% 32.5% 36% 37% 34% -- MAX RIDGELINE ELEVATION 180.1-ft. 165.4-ft. 160.3-ft. 152.9-ft. -- STRUCTURE HEIGHT 15.2-ft./24.1- 25.1 ft. 16-ft./24.1- 25.1 ft. 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. 11 Nantasket (Lot 1) and 21 Nantasket (Lot 2) shall include the construction of a 1,126ft2 balcony and loggia with associated stairs located on the rear façade of each residence and planter walls ranging between 2’ and 6’ in height along the east façade of both residences REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO, 2018- XX 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 areas of properties located at 6619 Beachview Drive, 6617 Beachview Drive and 6615 Beachview Drive. Said redesign shall be submitted to the Director of A-18 Resolution No. 2018-__ Page 19 of 21 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-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 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. PRIOR TO BUILDING PERMIT FINAL, landscaping shall be installed in the front planters to the satisfaction of the Director of Community Development, in order to screen the east façade of the rear stairs. REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO. 2018-XX. 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. A-19 Resolution No. 2018-__ Page 20 of 21 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 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. 59. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on 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. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy A-20 Resolution No. 2018-__ Page 21 of 21 construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. REVISED ON JUNE 5, 2018 PER CITY COUNCIL-ADOPTED RESOLUTION NO. 2018-XX. 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. A-21 1 Amy Seeraty From:SUNSHINE <sunshinerpv@aol.com> Sent:Monday, May 28, 2018 12:25 PM To:CC Cc:Amy Seeraty; Ara Mihranian; Elias Sassoon; Interim IT Manager; EZStevens@cox.net; dianestonehomes@gmail.com; ken.delong@verizon.net; Mickey Rodich <mickeyrodich@gmail.com>; Bill Gerstner <wgg@squareoneinc.com> Subject:Coastal Zone views and more. Fwd: New Newsflash Public Notice - Nantasket Drive. MEMO from SUNSHINE TO: RPV City Council, Staff and interested parties RE: Coastal view obstructions, moving dirt, ListServe Notices all inspired by a private property owner's request that the City Council consider amending the 2010 Council-adopted Conditions of Approval This is another opportunity to bring up how Staff's minimalist reviews of proposals coming to the City Council do not address the opportunities and larger issues. The larger issues in this case are the Viewing Station and the foliage obstructing the coastal view. If the foliage along PV Drive south were cut down to below the 2 degree down arc from the Viewing Station (see Council Policy which should be in the Coastal Specific Plan, Definitions), would either or both of the proposed new structures be encroaching on the public's view? Or, are the homes on Beachview Drive already encroaching? I understand that the residents on Beachview Dr. like the foliage for their privacy and for sound attenuation. Number one, foliage is acoustically invisible. Number two, it is blocking the public's view of the ocean. And, number three, RPV has an open front yards Policy. Now, these people are requesting changes to preserve their personal views. They should pay for more than just Staff Time. Some of that foliage is acacias. Has anyone been assigned the task of looking into creating an acacias eradication program? That really needs to happen. Funding it with recycle money is just one opportunity. Some acacias will be removed as a part of the arterial roadway fences and walls project. While the appropriate contractors are on site, more of them could be done away with. How/when will Council get to discuss it? Back to Nantasket. Has anyone thought about how they will now be exporting dirt? We are going to need lots of it to realign PV Drive South. It should be good, clean stuff. Stockpiling it where Ishibashi Lake/The Sandbox area is sinking makes sense to me. This ListServ Notice is an example of another issue. Dan Landon was working on making the notices more user friendly by providing the complete address to the document in question. This one adds an additional step instead of eliminating a few. A link of something like read on does not forward. One can't get anywhere by copying and pasting it into a browser Address Bar. By making sharing information more difficult, Staff is reducing the City's "transparency". My previous email to the Interim IT Manager has gone unacknowledged. Is this thoughtlessness or on purpose? One thought leads to another for the good of the community. B-1 2 From: listserv@civicplus.com To: sunshinerpv@aol.com Sent: 5/17/2018 10:52:47 AM Pacific Standard Time Subject: New Newsflash Public Notice - Nantasket Drive (11,21,32639) For rpvca.gov View this in your browser This complimentary message is being sent to opt-in subscribers who might be interested in its content. If you do not wish to continue receiving these messages, please accept our apologies, and unsubscribe by following the instructions at the bottom of this message. * * * * * * * May 17, 2018 Public Notice - Nantasket Drive (11,21,32639) Right-click here to download pictures. To help protect your priv acy, Outlook prevented automatic download of thi s pi ctu re from the In ternet.Alert Photo The City Council of the City of Rancho Palos Verdes will conduct a public hearing on Tuesday, June 5, 2018, at 7:00 PM at Hesse Park Community Building, 29301...… Read on * * * * * * * This complimentary message is being sent to opt-in subscribers who might be interested in its content. If you do not wish to continue receiving these messages, please accept our apologies, and unsubscribe by visiting our website at: http://www.rpvca.gov/list.aspx ; Please note, we will not sell or give your e-mail address to any organization without your explicit permission. You are receiving this message because you are subscribed to Public Notices on www.rpvca.gov. To unsubscribe, click the following link: Unsubscribe B-2 54" S.D. 54" S.D. 54" S.D. 8" S.S. 8" S.S. 30 ' 30 ' 3 0 ' 3 0 ' 1 2 5 1 3 0 1 3 5 1 4 0 1 4 5 1 5 0 1 5 5 1 6 5 1 6 0 1 7 0 17 0 16 5 16 0 15 5 15 0 1 4 5 1 4 0 1 3 5 130 12 5 12" W. 12" W. 1 2 " W . 12" W. 18 " S . D . 8" S.S. EDISON VAULT STORM DRAIN INLET Ed & G T E Ed&GTE Te l c o M . H . GAS GAS GAS Ed&GTE Ed&GTE CA T V P B Ed V a u l t Ed V a u l t CA T V P B Te l c o M . H . JOB ADDRESS LEGAL DESCRIPTION LOT 2 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 131, PAGES 83-84 OF MAPS IN THE RECORDS OF THE OFFICE OF THE COUNTY RECORDER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA OWNER: Dana and Paige Ireland 1 Seacove Drive Rancho Palos Verdes, CA 90275 310-462-1300 1" = 30' HORIZ. 1" = 30' VERT. SURVEY NOTE: EXISTING TOPOGRAPHY AND BOUNDARY INFORMATION WAS COMPILED FROM RECORD INFORMATION AND SOURCES OF VARYING RELIABILITY. IT DOES NOT REPRESENT A CURRENT TOPOGRAPHIC SURVEY BY BOLTON ENGINEERING CORP. AND SHOULD NOT BE RELIED UPON FOR LINE, GRADE, OR LEGAL INFORMATION. CREST ROADHA W T H O R N E BL V D PALOS V E R D E S DR. S PACIFIC OCEAN PROJECT LOCATION VICINITY MAP NOT TO SCALE Parcel Gross Area Net Area Min Net Area 1 14,402 7,754 3,333 2 15,567 8,456 " 3 14,081 7,563 " 4 17,704 9,749 " WEST SIDE OF NANTASKET DRIVE, BETWEEN BEACHVIEW DRIVE AND SEACOVE DRIVE, IN THE CITY OF RANCHO PALOS VERDES (NO ADDRESS ASSIGNED, APN 7573-014-013) C1 INDEX OF SHEETS SCOPE OF WORK RANCHO PALOS VERDES NOTES ENGINEER / SURVEYOR: HAUL ROUTE (CHANDLER'S LANDFILL) •HEAD NORTH ON NANTASKET DR. •CONTINUE ONTO BEACHVIEW DR. •TURN LEFT ONTO SEAHILL DR. •TURN LEFT ONTO PALOS VERDES DR. SOUTH •TURN RIGHT ONTO HAWTHORNE BLVD. •TURN RIGHT ONTO PALOS VERDES DR. N. •TURN LEFT ONTO PALOS VERDES DR. E. AND ARRIVE AT CHANDLER'S PALOS VERDES SAND & GRAVEL CO. Rough Grading Plans for PARCEL MAP 69928 RANCHO PALOS VERDES, CALIF. NANTASKET VILLAS 1" = 30' WDID#: 4 19W002972 SOILS ENGINEER: CUT (Approved):1,957 cy CUT (Additional): 945 cy CUT (Eliminated): (358 cy) TOTAL CUT (Proposed):2,544 cy FILL (Approved):2,071 cy TOTAL FILL (Proposed):2,071 cy TOTAL FILL (15% Shrinkage): 2,436 cy NET (Approved): 114 cy (Import) NET (Proposed): 108 cy (Export) C-1 C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-10 C-11 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 OF A 1.42-ACRE LOT INTO FOUR SINGLE- FAMILY RESIDENTIAL LOTS;A VARIANCE TO ALLOW LOT DEPTHS OF 93-FEET INSTEAD OF 11 O-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 Resolution No.2010-87 Page 1 of 17 D-1 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.(UCEQA"),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. Resolution No.2010-87 Page 2 of 17 D-2 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 11 O-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 Resolution No.2010-87 Page 3 of 17 D-3 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 (Le.,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 11 O-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. Resolution No.2010-87 Page 4 of 17 D-4 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,Le.,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 vel}'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 Resolution No.2010-87 Page 5 of 17 D-5 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 coastal specific plan makes a primary effort to maintain agricultural activity on the 17 acre school site.This action is warranted because of the site's high crop yield,irrigation and substantial site size.In order to maintain the activity,the city Resolution No.2010-87 Page 6 of 17 D-6 needs to add an agricultural district to its development code and apply it to this site. Maintaining agriculture on this site is contingent on the site not being needed for a school,and sufficient,funding from other agencies being available for purchase of the site.Should these conditions not be met,then the plan recommends a secondary use of commercial recreation as proposed by the general plan." Potential Activities Section (pages 52-7 and 52-8): "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. Should the primary aim of maintaining agriculture on this site prove unworkable, then a secondary proposal of commercial recreation should be implemented. Development under a commercial recreational use would raise PNO concerns.One, the point of primary access which is discussed under vehicular networks and should be referred to therein;and two,possible adverse impacts onto adjoining residential areas located in Subregion 3.Site planning efforts need to be cognizant of adjoining residential areas.Buffer areas should be supplied along the site's common property lines along 'Nith the shielding of any outdoor lighting.Noise should be retarded at the generating sources.A critical view corridor traverses the site (see corridor section)requiring structural improvements to be carefully reviewed in the affected area.Also,consideration should be given to a de~lelopment's appearance from residential areas." Induced Activity Section (page 52-11): "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 on the remainder.Primary use of agriculture on the site,a secondary use of commercial recreation,and encouragement of a retirementlsenior citizen/fixed 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 D-7 Transportation Systems Section (page S2-14): With respect to the future potential development of the school site as a commercial recreation facility (secondary use),this plan does not identify specific recommended uses;however,the following are guidelines 'A'hich should be considered in any such development plans: 1)access should not be taken from Nantasket drive (in Subregion 3) since it is designed as a residential street and commercial traffic would in all likelihood cause significant problems. 2)the project proponents should investigate the possibility of sharing access with Marineland through the use of appropriate legal methods. 3)parking and access should be designed so that it is sufficiently buffered from existing and future residential development." Policy NO.8 (page S2-16): "8.Change the primary land use on the designate as agricultural use on 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 in the event that the property is not required for construction of a school and if sufficient non city funds are made available to the city through the coastal conservancy (or other funding)for purchase of the site.l\secondary use designation shall be commercial recreation and encouragement of a retirementJsenior 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 Resolution No.2010-87 Page 8 of 17 D-8 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 the 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 Resolution No.2010-87 Page 9 of 17 D-9 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. Resolution No.2010-87 Page 10 of 17 D-10 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 11 O-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 11 O-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 Resolution No.2010-87 Page 11 of 17 D-11 residential neighborhoods so as to maintain optimum local standards ofhousing 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. Resolution No.2010-87 Page 12 of 17 D-12 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 3D-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 D-13 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 fagade 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 D-14 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 D-15 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.Staff's 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.lac);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 D-16 PASSED,APPROVED,and ADOPTED this 21 st day of September 2010. lsI Stefan Wolowicz Mayor ATTEST: lsI Carla Morreale. 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. Resolution No.2010-87 Page 17 of 17 D-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.lac);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. D-18 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 D-19 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 Plan120-1 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 8 Page 3 of 12 D-20 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 1OO-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 ROWand 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 D-21 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 D-22 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. HydrologylWater 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 8 Page 6 of 12 D-23 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. TransportationlTraffic: 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 8 Page 7 of 12 D-24 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. DRAINAGE 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 D-25 1 340 809 5.5-ft.G-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 1,957 2,071 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 Resolution No.2010-87 Exhibit B Page 9 of 12 D-26 Saturday,in accordance with the permitted hours of construction stated in Section 17.56.020(B)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: 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.16-ft./24.1-ft.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 anyone 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 Resolution No.2010-87 Exhibit B Page 10 of 12 D-27 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 Resolution No.2010-87 Exhibit B Page 11 of 12 D-28 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 ofthe 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. Resolution No.2010-87 Exhibit B Page 12 of 12 D-29 RESOLUTION NO.2010-09 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,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 OF A 1.42-ACRE LOT INTO FOUR SINGLE-FAMILY RESIDENTIAL LOTS;A VARIANCE TO ALLOW LOT DEPTHS OF 93'INSTEAD OF 110';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 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'instead of the E-1 110'lot depth requirement (hereinafter referred to as Case Nos.SUB2008-00001 and lON2008- 00074 thru -00078);and, WHEREAS,on February 25,2008,Case Nos.SUB2008-00001 and lON2008-00074 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 lON2008-00074 thru -00078,otherwise known as General Plan Amendment,lone 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. WHEREAS,in accordance with the requirements of CEQA,a Mitigation Monitoring program has been prepared,and is attached to the Environmental Assessment and Resolution 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 lON2008-00074 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 lON2008-00074 thru -00078;and, Resolution No.2010-09 Page 2 of 11 E-2 WHEREAS,after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines,the City Council of the City of Rancho Palos Verdes held a public hearing on February 2,2010,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',which is less than the 110'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'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. 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' 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. Resolution No.2010-09 Page 3 of 11 E-3 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 ofresidential 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. COASTALSPECWICPLANAMENDMENT 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 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 Resolution No.2010-09 Page 4 of 11 E-4 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. ZONE CHANGE Section 4: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 Genera[Plan Land Use Designation,the project warrants the subsequent change of the 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 5: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 Recreationa[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 [and designated in this density range has [ow to moderate physical and social constraints,and the density is compatible with the adjacent existing densities,which range from one d.u.lac (along Seacove Drive)to 4-6 d.u.lac (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 minimum contiguous lot area of 4,290 square feet,as required by the City's Deve[opment 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 Reso[ution No.2010-09 Page 5 of 11 E-5 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'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 priorto Final Parcel Map approval and/or issuance of any grading/building permits. VARIANCE Section 6:The City Council finds that the request for a Variance to allow the four lots to maintain a lot depth of 93',which is less than the 110'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',which does not comply with the 110'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 Resolution No.2010-09 Page 6 of 11 E-6 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 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 7: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. Resolution No.2010-09 Page 7 of 11 E-7 GRADING PERMIT (LOTS 1 THRU 4) Section 8:The City Council finds that the request for a Grading Permit to conduct 4,028 cubic yards of total grading on all 4 Jots 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 necessaryforthe 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 necessaryforthe 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. 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 3D-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 filion 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 Resolution No,2010-09 Page 8 of 11 E-8 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 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 ofNeighborhood 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 fayade 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 ex1reme 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 VARIA TlONS (LOTS 3 AND 4) Section 9: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 land,large enough to support development which overlooks or projects onto a lowland or body of water on at least two Resolution No.2010-09 Page 9 of 11 E-9 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.HeightVariation 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: 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 8eacove 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 Resolution No.2010-09 Page 10 of 11 E-10 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 10: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 11:Forthe foregoing reasons and based on the information and findings included in the Staff Report,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 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';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. PASSED,APPROVED,and ADOPTED this 2nd day of February 2010. /s/Stefan Wolowicz Mayor ATTEST: /s/Carla Morreale 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.2010-09 was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 2,2010. Resolution No.2010-09 Page 11 of 11 E-11 EXHIBIT "B" 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.lac);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 ofthe 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 E-12 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 forthe 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 priorto 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 priorto 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.2010-09 Exhibit B Page 2 of 12 E-13 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 Resolution No.2010-09 Exhibit B Page 3 of 12 E-14 addition to the previously required Rough Grading Plan. 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 1OO-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 ROWand 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.2010-09 Exhibit B Page 4 of 12 E-15 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.2010-09 Exhibit B Page 5 of 12 E-16 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. HydrologylWater 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.2010-09 Exhibit B Page 6 of 12 E-17 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. TransportationlTraffic: 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.2010-09 Exhibit B Page 7 of 12 E-18 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. DRAINAGE 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 offiling 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.2010-09 Exhibit B Page 8 of 12 E-19 LOT#CUT Icvl FILL Icvl 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 1,957 2,071 ---- 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 Resolution No.2010-09 Exhibit B Page 9 of 12 E-20 Saturday,in accordance with the permitted hours of construction stated in Section 17.56.020(B)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: CUMULATIVE LOT 1 LOT 2 LOT 3 LOT4 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.l24.1-ft.16-ft.l24.1-ft.19.6-ft.l24-ft.19.9-ft.l25.3-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 anyone 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 Resolution No.2010-09 Exhibit B Page 10 of 12 E-21 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.Landscaping within the 15-foot rear yard setback of each lot shall be limited to California native species and/or non-invasive plant species only.Notation of this requirement shall be noted on the approved site plan. 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 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 Resolution No.2010-09 Exhibit B Page 11 of 12 E-22 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. Resolution No.2010-09 Exhibit B Page 12 of 12 E-23 RESOLUTION NO.2010-OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A MITIGATED NEGATIVE DECLARATION MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH AN ENVIRONMENTAL ASSESSMENT,FOR CASE NOS.SUB200S-Q0001 AND ZON200S-00074 THRU -0007S FOR A PROPOSED 4-LOT SUBDIVISION TO ACCOMMODATE CONSTRUCTION OF FOUR NEW SINGLE-FAMILY RESIDENCES ON THE FOUR NEW LOTS;LOCATED AT 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 the subject property,which is a vacant parcel located at 32639 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 April 24,2007 recommendations were 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 subject property from Commercial Recreational to RS-2 or RS-3,which are less dense residential zoning districts than the Planning Commission's recommendation to rezone the subject property to 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 January 31,2008 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 F-1 of 4,028 cubic yards of grading to facilitate the construction of the new residences on the four new lots;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'instead of the 110'lot depth requirement;and,a Coastal Permit for the development project proposed within the City's Coastal Zone (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 generally 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. WHEREAS,in accordance with the requirements of CEQA,a Mitigation Monitoring program has been prepared,and is attached to the Environmental Assessment and Resolution 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, 1202733 Resolution No.2010-08 Page 2 F-2 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,copies of the Mitigated Negative Declaration were distributed to the City Council and prior to taking action on the proposed project associated with Case Nos. SUB2008-00001 and ZON2008-00074 thru -00078,the City Council independently reviewed and considered the information and findings contained in the Mitigated 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 notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines,the City Council of the City of Rancho Palos Verdes held a public hearing on February 2,2010,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',which is less than the 110'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;and 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'building height requirement.The City Council finds that the project 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 and Soils, Hydrology and Water Quality,Noise,Public Services,and Transportation and Circulation. Section 2:The City Council has independently reviewed and considered the proposed Mitigated Negative Declaration,the public comments upon it,and other evidence before the Council prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there 1202733 Resolution No.2010-08 Page 3 F-3 is no substantial evidence that,with appropriate mitigation measures,the approval of Case Nos.SUB2008-00001 and ZON2008-00074 thru -00078 would result in a significant adverse effect upon the environment. Section 3:There are no sensitive natural habitat areas on the subject site.Thus, no site disturbance or alteration will result from the approval of Case Nos.SUB2008-00001 and ZON2008-00074 thnu -00078,and therefore,the project will have no individual or cumulative adverse impacts upon resources,as defined in Section 711.2 of the State Fish and Game Code. Section 4:The Initial Study identified the following issue areas that may result in a potentially significant environmental impact(s)as a result of the proposed project: Aesthetics,Air Quality,Cultural Resources,Geology and Soils,Hydrology and Water Quality,Noise,Public Services,and Transportation and Circulation.However,with the appropriate mitigation measures in the attached Mitigation Monitoring Program (Exhibit "A"),which address impacts upon the aforementioned issue areas,the project will not have a significant adverse environmental impact. Section 5:For reasons discussed in the Initial Study,which is incorporated herein by reference,the proposed 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 6: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 7:Based upon the foregoing findings,the adoption of the proposed Mitigated Negative Declaration is in the public interest. Section 8: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 9: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 or other applicable shortened periods of limitation. Section 10:For the foregoing reasons and based on the information and findings included in the Staff Report,Environmental Assessment and other components of the legislative record,in the proposed Mitigated Negative Declaration,and in the public comments received by the Council,the City Council of the City of Rancho Palos Verdes hereby certifies that the Mitigated Negative Declaration has been prepared in compliance 1202733 Resolution No.2010-08 Page 4 F-4 with CEQA,and therefore adopts the attached Mitigation Monitoring Program (Exhibit "A") associated with Case Nos.SUB2008-00001 and ZON2008-00074 thru -00078 (General Plan Amendment,Coastal Specific Plan Amendment,Zone Change,Vesting Tentative Parcel Map,Variance,Grading Permit,Height Variations,and Coastal Permit). PASSED,APPROVED,and ADOPTED this 2nd day of February 2010. lsI Stefan Wolowicz Mayor ATTEST: lsI Carla Morreale 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.2010-08 was duly and regularly passed and adopted by the said City Council at a regular meeting held on February 2,2010. f!tZitL~~ City Clerk 1202733 Resolution No.2010-08 Page 5 F-5 Exhibit A Mitigation Monitoring Program Project:Case Nos.SUB2008-00001 and ZON2008-00074 thru -00078,a General Plan Amendment,Coastal Specific Plan Amendment,Zone Change;Vesting Parcel Map,Variance,Grading Permit,Height Variation,and Coastal Permit. Location:Vacant Lot located at 32639 Nantasket Drive,on the west side of Nantasket Drive,between Beachview Drive and Seacove Drive in the City's Coastal Zone (APN7573-014-013),Rancho Palos Verdes,CA 90275 Applicant:Dana Ireland,1 Seacove Drive,Rancho Palos Verdes,CA 90275 Landowner:Same. TABLE OF CONTENTS I.Introduction 2 Purpose 2 Environmental Procedures 2 Mitigation Monitoring Program Requirements 2 II.Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III.Mitigation Monitoring Program Checklist 4 IV.Mitigation Monitoring Summary Table 5 Page 1 Mitigation Monitoring Program Resolution No.2010-08 F-6 I.INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP)is to allow the following project on a vacant iot located at 32639 Nantasket Drive,which is on the west side of Nantasket Drive,between Beachview Drive and Sea cove Drive in the City's Coastal Zone (APN7573-014-013),in the City of Rancho Palos Verdes: A General Plan Amendment to change the Land Use Designation from Commercial Recreational to Residential (2-4 d.u.fac);a Coastal Specific Plan Amendment to change the Coastal Specific Plan Land Use Designation from Agriculture to Residential;a Zone Change from CR to RS-3 (Single-Family Residential);a Vesting Parcel Map for a 4-lot subdivision;a Variance to allow the RS-3 zoned lots to maintain a lot depth of 93';a Grading Permit for a total of 4,028 cubic yards of grading to facilitate the construction of the four new single-family residences;Height Variation applications for the new single- family residences on Lots 3 and 4 that exceed the 16-foot height limit;and,a Coastal Permit for the development project within the City's Coastal Zone. The MMP responds to Section 21081.6 of the Public Resources Code,which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant environmental effects,to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project. An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of the project.Where appropriate,this environmental document recommended mitigation measures to mitigate or avoid impacts identified.Consistent with Section 21080 (2)(c)of the Public Resources Code,a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented.The City will adopt this MMP when adopting the Mitigated Negative Declaration. ENVIRONMENTAL PROCEDURES This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA),as amended (Public Resources Code Section 21000 et seq.)and the State Guidelines for Implementation of CEQA (CEQA Guidelines),as amended (California Administrative Code Section 15000 et seq.).This MMP complies with the rules,regulations,and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA. MITIGATION MONITORING PROGRAM REQUIREMENTS Section 21081.6 of the Public Resources Code states:"When making the findings required by subdivision (a)of Section 21081 or when adopting a negative declaration pursuant to paragraph (2)of subdivision (c)of Section 21081,the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment.The reporting or monitoring program shall be designed to ensure compliance during project implementation.For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project,that agency Page 2 Mitigation Monitoring Program Resolution No.2010-08 F-7 shall,if so requested by the lead or responsible agency,prepare and submit a proposed reporting or monitoring program." II.MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design, pre-grading,construction,and operation.The City will have the primary enforcement roie for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of,filing requirements,and compliance verification.The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures.In addition,the Mitigation Monitoring Checklist inciudes:the implementing action when the mitigation measure will occur;the method of verification of compliance;the timing of verification; the department or agency responsible for implementing the mitigation measures;and compliance verification.Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP.The files shall be established,organized,and retained by the City of Rancho Palos Verdes department of Planning,Building,and Code Enforcement. Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Paios Verdes Director of Planning,Building,and Code Enforcement.The compliance verification section of the MMP Checklist shall be signed,for mitigation measures requiring ongoing monitoring,and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation,monitoring,and verification of each mitigation measure: 1.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. Page 3 Mitigation Monitoring Program Resolution No.2010-08 F-8 2.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure,a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3.The party responsible for monitoring shall then verify compliance and sign the Compliance Verification column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist.During any project phase,unanticipated circumstances may arise requiring the refinement or addition of mitigation measures.The City of Rancho Palos Verdes,Director of Planning,Building,and Code Enforcement with advice from Staff or another City department,is responsible for recommending changes to the mitigation measures,if needed.If mitigation measures are refined,the Director of Planning,Building,and Code Enforcement would document the change and shall notify the appropriate design,construction,or operations personnel about refined requirements. III.MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on December 11,2008.Mitigation measures are listed in the order in which they appear in the Initial Study. * * * * Types of measures are project design,construction,operational,or cumulative. Time of Implementation indicates when the measure is to be implemented. Responsible Entity indicates who is responsible for implementation. Compliance Verification provides space for future reference and notation that compliance has been monitored,verified,and is consistent with these mitigation measures. Page 4 Mitigation Monitoring Program Resolution No.2010-08 F-9 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 1.AESTHETICS A-1:Exterior residenliallighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code.No outdoor lighting Department ofispermittedwherethelightsourceisdirectedtowardProjectDesignPriortobuildingpermitfinal,Property Owner /Planning,Building andorresultsindirectilluminationofaparcelofproperty/Operational and on-going applicant. or properties other than upon which such light is Code Enforcement. physically located. 3.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 Property Owner /Department of reduce dust emissions and meet SCAQMD Rule 403 Construction On-going during construction Planning,Building and which prohibits dust clouds to be visible beyond the Applicant Code Enforcement. project site boundaries. AQ-2:During construction the owner shall ensure that all clearing,grading,earth moving or demolition Department ofactivitiesshallbediscontinuedduringperiodsofhighConstructionOn-going during construction Property Owner /Planning,Building andwinds(i.e.,greater than 30 mph),so as to prevent Applicant Code Enforcement.excessive amounts of dust. AQ-3:During construction of any improvements associated with the subdivision,the owner shall ensure Property Owner /Department of that General contractors shall maintain and operate Construction On-going during construction Planning,Building and construction equipment so as to minimize exhaust Applicant Code Enforcement. emissions. AQ-4:A weatherproof notice/sign setting forth the name of the person(s)responsible for the construction Department ofsiteandaphonenumber(s)to be called in the event Property Owner / that dust is visible from the site as described in Construction On-going during construction Applicant Planning,Building and mitigation measure AQ-1 above,shall be posted and Code Enforcement. prominently displayed on the construction fencing. Page 5 Mitigation Monitoring Program Resolution No.2010-08 F-10 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 5.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 Prior to issuance of building Property Owner /Department of encountered during grading and excavation,work shall Construction and/or grading permit Applicant Planning,Building and be halted or diverted from the resource area and the Code Enforcement archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. 16.GEOLOGY/SOILS II GEO-1:The applicant shall ensure that all applicable Department ofconditionsasspecifiedwithinthegeotechnicalreportPriortoissuanceofbuildingPropertyOwner/ and all measures required by the City Geologist are Construction and/or grading permit.applicant.Planning,Building and incorporated into the project.Code Enforcement. 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 Prior to issuance of building Property Owner /Department of responsible for continuous and effective Construction Planning,Building and implementation of the erosion control plan during and/or grading permit.applicant.Code Enforcement. project construction. 9.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 Public WorksapplicantshallsubmitastormwatermanagementplanDepartment,andwhichshowstheon-site and off-site storm water Projecl Design Prior to issuance of building Property Owner /the Department ofconveyancesystemsthatwillbeconstructedbytheand/or grading permit.applicant.Planning,Building andprojectproponentforthepurposeofsafelyconveyingCodeEnforcement.storm water off the project site.These drainage structures shall be designed in accordance with the most current standards and criteria of the Citv Enqineer Page 6 Mitigation Monitoring Program Resolution No.2010-08 F-11 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 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 Project design Property Owner /Department of Water Discharges Associated with Construction Activity and On-going Planning,Building and to prevent storm water pollution from impacting waters operational applicant Code Enforcement 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 Department ofrequiredNationalPollutantDischargeEliminationPriortobuildingand/or Property Owner / System (NPDES)permit for the project.The project Project design grading permit issuance applicant Planning,Building and applicant shall obtain this permit and provide the City Code Enforcement with proof of the permit before any site grading begins. HWQ-4:Appropriate Best Management Practices (BMP),including sandbags shall be used by the project applicant to help control runoff from the project site Property Owner /Department of during project construction activities.Measures to be Construction On-going during construction Planning,Building and used shall be approved by the City Engineer before a applicant Code Enforcement Grading Permit is issued for the project. Page 7 Mitigation Monitoring Program Resolution No.2010-08 F-12 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 12.NOISE N-1:Demolilion,grading and construction activities Department ofshallbelimitedtothehoursof7:00am and 7:00pm,Property Owner I Monday through Saturday.There shall be no Construction On-going.applicant.Planning,Building and construction on Sundays or federally observed holidays.Code Enforcement. N-2:During demolition,constnuction andlor grading operations,trucks shall not park,queue andlor idle at Department oftheprojectsiteorintheadjoiningpublicrights-of-way Property Owner I before 7:00 AM,Monday through Saturday,in Construction On-going.applicant Planning,Building and accordance with the permitted hours of constnuction code Enforcement. stated above. 14,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 Department ofimmediateandfutureneedsoftheresidentsoftheProjectDesignPriortoRecordationofFinalPropertyOwnerIPlanning,Building andsubdivision,the project applicant shall,in lieu of Map applicant Code Enforcement.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 16.20.1 OO.G. 16.TRANSPORTATIONITRAFFIC T-1:Prior to the issuance of a grading permit for the Public Worksproject,the project applicant shall prepare a haul route Department,andplanforapprovalbytheCity's Public Works Construction Prior to building andlor Property Owner I the Department ofDepartment.The project applicant shall also be required grading permit issuance applicant.Planning,Building andtopostabondwiththeCityinanamountdeterminedbyCodeEnforcement.the Public Works Department that will provide for the Page 8 Mitigation Monitoring Program Resolution No.2010-08 F-13 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION repair of City streets damaged by the hauling of soil away from the project site. Page 9 Mitigation Monitoring Program Resolution No.2010-08 F-14