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PC RES 2009-011 P.C. RESOLUTION NO. 2009-11 RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOSVERDES, CERTIFYING NEGATIVE ECLA T!ON PURSUANT TTHE CALIFOR- NIA I VI E T L QUALITY ACT FOR PLANNING CASE ®Z 2007-00486(HEIGHT I TIGRADING PERMIT AND SITEPLAN REVIEW) FOR A NEW SINGLE- FAMILY RESIDENCE, LOCATED AT 3450 VIA CAMPESINA WHEREAS, on October 2, 2007,the applicant, Luigi Schiappa of Elite Homes, Inc., submitted an application for Planning Case No. ZON2007-00486 for a height variation, grading permit, site plan review and environmental assessment to allow the construction of a new, 2-story single-family residence, 1-story cabana, pool and spa on a vacant flag lot off Via Campesina; and, WHEREAS, on Larch 23, 2009, the application for Planning Case No. ZON2007-00486 was deemed complete by Staff; 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 there is no substantial evidence that the approval of Planning Case No. ZON2007-00486 would result in a significant adverse effect on the environment. Accordingly, a Draft Negative Declaration was prepared and circulated for public review for twenty (20) days between March 23, 2009 and April 13, 2009, and notice of that fact was given in the manner required by law; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on April 28, 2009, at which time all interested parties were given the opportunity to be heard and present evidence. NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission has independently reviewed and considered the proposed Negative Declaration, the public comments upon it, and other evidence before the Commission prior to taking action on the proposed project and finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that the approval of Planning Case No. ZON2007-00486 (Height Variation, Grading Permit and Site Plan Review), would result in a significant adverse effect upon the environment. Section 2. Planning Case No. ZON2007-00486 for a Height Variation, Grading Permit and Site Plan Review is consistent with the Rancho Palos Verdes General Plan and with the underlying Residential, 1-2 Dwelling Units perAcre land use designation,which will not be changed as a result of the approval of the proposed project. Section 3s The City has identified the abutting Lloyd Wright-designed residence at 3456 Via Campesina—also known as the Bowler Residence or"Bird of Paradise" House— as a local historical resource. The subject property was formerly a portion of the grounds of the Bowler Residence that was used for keeping horses, but no horsekeeping structures remain on the property. The development of a new house on the subject property will have no direct impact upon the Bowler Residence since there is no construction activity proposed on the abutting property. Small portions of retaining walls that remain on the subject property will be demolished as a part of the proposed project, but the removal of these walls will not constitute a substantial adverse change in the significance of this historical resource. The new residence will be of a contemporary, Mediterranean architectural style, with stucco exteriors,wood and wrought-iron trim and a hipped tile roof. This will differ considerably from the dramatic roof forms and mid-century style of the 1965 Bowler Residence. However, the proposed new residence will be set back on a flag lot roughly one hundred seventy feet(170)from Via Campesina and roughly seventy-five feet (75')from the nearest portion of the Bowler Residence. As such, the proposed residence will not be readily seen in direct visual context with the Bowler Residence and will not substantially detract from the Bowler Residence's unique stylistic character. Therefore,the proposed project will have less-than-significant impacts upon the historical significance of the abutting Bowler Residence. Section 4; There are no sensitive natural habitat areas on the subject site. 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 5: Based upon the foregoing findings, the adoption of the proposed Negative Declaration is in the public interest. Section 6: 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 Negative Declaration, and in the public comments received by the Commission,the Planning Commission of the City of Rancho Palos Verdes hereby certifies that the Negative Declaration has been prepared in compliance with CEQA for Planning Case No. ZON2007-00486 for a Height Variation, Grading Permit and Site Plan Review, thereby approving of a new single-family residence, located at 3450 Via Campesina. P.C. Resolution No. 2009-11 Page 2 of 3 PASSED,APPROVED,AND ADOPTED this 28th day of April 2009, by the following vote: AYES: Commissioners Knight, Perestam, Ruttenberg, Tetreault and Tomblin, Chairman Lewis NOES: none ABSTENTIONS: none ABSENT: none RECUSALS: Vice Chairman Gerstner airm Joel R ja , AICP Direct r Planning, (ding and C UdEnforcement; and, Secretary to the Planning Commission M:\Projects\ZON2007-00486(Schiappa,3450 Via Campesina)\20090428-Reso-PC(ND).doc P.C. Resolution No. 2009-11 Page 3 of 3