CC RES 2018-077 RESOLUTION NO. 2018-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO A
PREVIOUSLY-ADOPTED MITIGATED NEGATIVE DECLARATION,
AS IT RELATES TO EXCEPTION CATEGORY 'T' AND
ASSOCIATED RESIDENTIAL DEVELOPMENT WITHIN ZONE 1 OF
THE LANDSLIDE MORATORIUM AREA.
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20(Moratorium on Land Use Permits)of Title
15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code establishing
Exception Category T' under Section 15.20.040 (Exceptions) to allow Zone 1 of the
Landslide Moratorium Area to be developed with residential structures (Case No.
ZON2015-00555); and,
WHEREAS, on January 19, 2016,the City Council adopted Resolution No. 2016-03,
making certain findings related to the requirements of the California Environmental Quality
Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP)for the establishment of Exception Category'T' under Section
15.20.040 (Exceptions)to allow Zone 1 of the Landslide Moratorium Area to be developed
with residential structures; and,
WHEREAS, on March 7, 2018, the Applicant (York Point View Properties, LLC)
submitted a Code Amendment request (Case No. PLCA2018-0001) to amend Exception
Category 'T' to exempt non-habitable accessory structures, permitted through Exception
Categories 'I' and '5' from the established maximum square footage limitation of 8,000ft2
for residential and accessory structures and to allow two-story residential structures, up to
a maximum 26' in height, with the approval of a Height Variation Permit; and,
WHEREAS, pursuant to Section 15164(b) (Addendums to an EIR or Negative
Declaration) of the CEQA Guidelines, an addendum to an adopted MND may be prepared
in lieu of a subsequent CEQA document, when none of the conditions described in Section
15162 (Subsequent EIRs and Negative Declarations) of the CEQA Guidelines have
occurred; and,
WHEREAS, on September 10, 2018, a courtesy notice announcing the City
Council's review of the proposed code amendment was sent to property owners within 500'
of the Point View property located at 6001 Palos Verdes Drive South.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The facts set forth in the recitals of this Resolution are true and correct
and are incorporated herein by references as though set forth in full.
Section 2: The City Council deems it necessary to amend Chapter 15.20, as it
relates to Exception Category'T'to exclude non-habitable accessory structures permitted
through Exception Categories 'I' and '5' from the maximum structure size limitation of
residential buildings and accessory structures within Zone 1 of the Landslide Moratorium
Area and to allow residential buildings to be built at two-stories up to a maximum height of
26', with the approval of a Height Variation Permit.
Section 3: The City Council hereby finds that pursuant to the provisions of the
CEQA, Public Resources Code Sections 21000 et. seq. the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), no evidence that the proposed Code Amendment to Chapter 15.20 of the
Rancho Palos Verdes Municipal Code, as it relates to Exception Category'T',will introduce
new significant environmental effects or substantially increase the severity of the
environmental impacts that previously were identified and analyzed in the certified MND for
the adoption of Exception Category 'T' to Section 15.20.040 (Exceptions) of the Rancho
Palos Verdes Municipal Code. Additionally, the project does not include changed
circumstances or new information, which were not known at the time the MND was
certified, as detailed in Addendum No. 1 of the document, which would require the
preparation of a subsequent environmental analysis pursuant to CEQA.
Section 4 For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of
the City of Rancho Palos Verdes hereby adopts Addendum No. 1 of a MND as described
in the attached Exhibit 'A'.
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.
PASSED, APPROVED, AND ADOPTED this 2nd day of October 2018.
Mayor
ATr,. T:
Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho ;Labs Verdes, do hereby certify that
the above Resolution No. 2018-77, was duly and regula passed and adopted by the said
City Council at a regular meeting thereof held on Octo 018.
\di
ity Clerk
Resolution No. 2018-77
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RESOLUTION NO. 2018-77
EXHIBIT "A"
ADDENDUM NO. 1
MITIGATED NEGATIVE DECLARATION
FOR THE ZONE 1 LANDSLIDE MORATORIUM ORDINANCE REVISIONS
(CASE NO. ZON2015-00555)
Project Background: On February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20(Moratorium on Land Use Permits)of Title
15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code establishing
Exception Category 'T' under Section 15.20.040 (Exceptions) to allow Zone 1 of the
Landslide Moratorium Area to be developed with residential structures (Case No.
ZON2015-00555).
On January 19, 2016, the City Council had previously adopted Resolution No. 2016-03,
making certain findings related to the requirements of the California Environmental Quality
Act adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the
Code Amendment to Chapter 15.20 as it relates to Exception Category'T'. In adopting the
Mitigated Negative Declaration, the City Council found: 1)that there would be no significant
adverse environmental impacts resulting from the development; and 2) that the impacts
identified in the Initial Study could be mitigated through incorporation of mitigation
measures to reduce any adverse impacts to adjacent properties, and therefore, upon the
environment.
On March 7, 2018, the Applicant (York Point View Properties, LLC) submitted a Code
Amendment request (Case No. PLCA2018-0001)to amend Chapter 15.20 of the Rancho
Palos Verdes Municipal Code, as it relates to Exception Category 'T' to exclude non-
habitable accessory structures permitted through Exception Categories 'I' and 'S'from the
maximum structure size limitation of residential buildings and accessory structures within
Zone 1 of the Landslide Moratorium Area and to allow residential buildings to built up to
two-stories, at a maximum height of 26', with the approval of a Height Variation Permit.
Proposed Amendments: Provided below is the proposed Code Amendments to Exception
Category (`T'). The proposed deleted text are shown in strikethrough text, and the
proposed added text are shown in bold/underline text:
15.20.040 Exceptions
The moratorium shall not be applicable to any of the following:
T. The construction of residential buildings, accessory structures, and grading totaling
less than 1,000 cubic yards of combined cut and fill, and including no more than 50 cubic
yards of imported fill material on the two lots in Zone 1 of the "ILandslide mMoratorium
aArea" as outlined in yellow on the landslide moratorium map on file in the Director's
office; p rovided, that a ILandslide !Moratorium eException pPermit is approved by the
Resolution No. 2018-77
Exhibit A
Page 1 of 3
dDirector, and provided that the project complies with the criteria set forth in Section
15.20.050(Landslide Mitigation Measures Required) of this chapter. Residential buildings
and accessory structures, excluding the square footage of non-habitable accessory
structures permitted through Exception Categories 'I'and'5'of Section 15.20.040 of
the City's Municipal Code, shall not exceed a maximum combined total of up to 8,000
square feet(habitable and non-habitable area), including -- - a- = - e = - - - - =- - - ' - -
garages, , and shall be limited to a maximum of 25 percent lot coverage
with proper setbacks from adjacent properties as determined through the nNeighborhood
GCompatibility analysis pursuant to " Section 17.02.030(B) of the°City's
mMunicipal GCode and the °City's nNeighborhood GCompatibility hHandbook. A main
residence shall not exceed - two storyies and shall not exceed a maximum
height of 46 26 feet, through the approval of a Height Variation Permit, pursuant to
Section 17.02.040 of the City's Municipal Code for any portion of the structure
exceeding 16'in height and as defined by the zoning code for pad lots. Horse keeping is
permitted up to a maximum of four horses per lot. Such projects shall qualify for a landslide
moratorium exception permit only if all applicable requirements of this code are satisfied,
and the parcel is served by a sanitary sewer system. Those who take advantage of this
exception category shall, prior to development, record a covenant on the subject property
in a form approved by the°City aAttorney running with the land and enforceable by°City
(i)prohibiting future subdivision of said property, (ii) acknowledging that the city makes no
representation as to the suitability of the land for development and assuming risk, and(iii)
providing for trail dedication. The property owner will work with the dDirector to find a
mutually agreeable trail alignment for connectivity to the°City's trail system which is vetted
with trail groups and does not impact the developable building site(s). Prior to issuance of a
landslide moratorium exception permit, the applicant shall submit to the dDirector any
geological or geotechnical studies reasonably required by the°City to demonstrate to the
satisfaction of the°City geotechnical staff that the proposed project will not aggravate the
existing situation.
Purpose: This Addendum to the previously approved MND is being prepared pursuant to
Section 15164 of the CEQA Guidelines, which allows for the lead agency to prepare an
addendum to an adopted MND if only minor technical changes or additions are necessary
or none of the conditions described in Section 15162 calling for the preparation of a
subsequent Environment Impact Report or Negative Declaration have occurred. Pursuant
to the CEQA, Section 15162, no subsequent MND shall be prepared for the project unless
the lead agency determines, on the basis of substantial evidence in light of the whole
record, one or more of the following:
1. Substantial changes are proposed in the project that will required major revisions of
the previous MND due to the involvement of new, significant environmental effects
or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will required major revisions of the previous MND due to
Resolution No. 2018-77
Exhibit A
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the involvement of new significant environmental effects or a substantial increase in
the severity or previously identified significant effects; or,
3. New information of substantial importance identifies one or more significant effects
not discussed in the previous MND, significant effects previously examined will be
substantially more severe than shown in the previous MND, mitigation measures or
alternative previously found not to be feasible or not analyzed in the MND would be
feasible and would substantially reduce one or more significant effects but the
project proponents decline to adopt a measure or alternative.
Findings Regarding the Proposed Project Revisions: The City Council has
independently reviewed this item and determined that the proposed Code Amendments to
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code establishing Exception Category 'T' under
Section 15.20.040 (Exceptions) do not constitute a substantial change to the approved
MND. More specifically, the proposed Code Amendment will not result in residences larger
than the 8,000ft2 structures assessed under the previously prepared MND. As proposed,
the Code Amendment will allow up to an additional 1,930ft2 of non-habitable structure
areas such as agricultural storage barns and storage sheds already permitted through
Exception Categories 'I' and 'S.'This proposal will support existing agricultural activities on
the Point View Property, which include vineyards, vegetable gardens, avocado and citrus
orchards. In addition, the proposal to construct two-story residences on either the Plumtree
or Point View properties will not create a new significant environmental effect, as the two
lots are not located within a scenic vista, as noted in the previously prepared MND.
Furthermore, the requirement to obtain a Height Variation Permit in order to develop the
properties with a two-story residence will ensure that views, as observed from other
properties in the area are not significantly impaired.
Therefore, pursuant to the CEQA, the City Council finds that the proposed Code
Amendments are within the scope of the previously approved MND that was prepared and
adopted in conjunction with the Zone 1 Landslide Moratorium Ordinance Revisions
(Z0N2015-00555), which was approved by the City Council on January 16, 2016. As a
result, no further environmental review is necessary other than the adoption of this
Addendum No. 1.
Resolution No. 2018-77
Exhibit A
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