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PC RES 2001-044P.C. RESOLUTION NO. 2001-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION THUS MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIA- TION WITH ENVIRONMENTAL ASSESSMENT NO. 738, TENTATIVE TRACT MAP NO. 53305, GENERAL PLAN AMENDMENT NO. 30, CONDITIONAL USE PERMIT NO. 228 AND GRADING PERMIT NO. 2242 TO ALLOW THE SUBDIVISION OF A 4.99 -ACRE SITE INTO SEVEN (7) RESIDENTIAL LOTS, ONE (1) OPEN SPACE LOT, ONE (1) PRIVATE STREET LOT AND ONE (1) LOT TO ACCOMMODATE THE EXISTING CALIFORNIA WATER SERVICE COMPANY OFFICES, ON PROPERTY LOCATED WITHIN THE CITY'S DESIGNATED RS -4 ZONING DISTRICT, LOCATED AT 5837 CREST ROAD WHEREAS, on September 18, 2000, applications for Tentative Tract Map No. 53305, General Plan Amendment No 30, Conditional Use Permit No 228, Grading Permit No 2242 and Environmental Assessment No. 738 were submitted to the Planning Department by JCC Homes, Inc. on behalf of the property owner, California Water Service Company, to allow the division of a 4 99 -acre site into seven (7) residential lots, one (1) open space lot, one (1) private street lot and one (1) lot to accommodate the existing California Water Service Company offices; and, WHEREAS, Staff completed an initial review of the applications and plans submitted to the Planning Department and determined that additional information was needed in order to continue processing the request Furthermore, the applicant was informed of some potential Staff concerns pertaining to views and aesthetics, thus recommending that an environmental consultant prepare the necessary environmental documents to determine the project's impact on the surrounding environment. Subsequently, Staff deemed the subject applications incomplete on October 18, 2000 and February 8, 2001, and, WHEREAS, on March 20, 2001 the augmented project applications and revised plans were submitted to the City and reviewed by Staff, and subsequently deemed complete for processing pursuant to the Permit Streamlining Act on April 17, 2001, 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 Tentative Tract Map No 53305 General Plan Amendment No 30, Conditional Use Permit No 228 and Grading Permit No. 2242 would result in a significant adverse effect on the environment Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for twenty-one (21) days between September 13, 2001 and October 4, 2001, and notice of that fact was given in the manner required by law, and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring program has been prepared, and is attached to the Environmental Assessment No. 738 and this Resolution as Exhibit `A', and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on September 25, 2001, at which time all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at the September 25, 2001 meeting, the Planning Commission directed Staff and the applicant to further investigate design alternatives to address concerns pertaining to density, structure size, setback buffers and view impacts with the applicant and the surrounding neighbors. A unanimous motion to continue action on the proposed tract map and Mitigated Negative Declaration to October 23, 2001 was passed by the Commission, and, WHEREAS, on October 9, 2001 Staff met with the applicant and surrounding neighbors to address the concerns identified at the September 25, 2001 Planning Commission meeting. At that time, possible project revisions were discussed by the applicant and presented to Staff and the neighbors, who collectively addressed the concerns pertaining to density, structure size, setback buffers and view impacts, and, WHEREAS, on October 16, 2001, the applicant submitted revised project plans to the City in order to address the concerns raised by Staff and the neighbors; and, WHEREAS, at the October 23, 2001 meeting, the Planning Commission was presented with the revised project plans and heard additional testimony from the neighbors. A unanimous motion to continue action on the proposed tract map and Mitigated Negative Declaration to October 23, 2001 was passed by the Commission; and, WHEREAS, after issuing a new notice pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 27, 2001, at which time all interested parties were given the opportunity to be heard and present evidence. P C Resolution No 2001-44 Page 2 of 7 0 0 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The subject applications would permit the subdivision of a 4 99 - acre site into ten (10) lots, consisting of seven (7) residential lots, one (1) open space lot, one (1) private street lot and one (1) lot for the remaining California Water Service Company office. The proposed residential lots will maintain a minimum lot area of 10,000 square feet and a minimum contiguous lot area of 3,300 square feet, as required by the City's Development Code and Subdivision Ordinance for lots located within the designated RS -4 (Single -Family Residential) zoning district. As proposed, six (6) of the lots will maintain access off Scotwood Drive via a new private street, and the seventh residential lot will have direct access off Scotwood Drive, an existing public street The subject property is currently improved with the existing California Water Service Company office, reservoir, maintenance yard, carport and parking lot. A portion of the existing carport will be demolished prior to recordation of the final tract map Furthermore, the proposed subdivision requires 16,000 cubic yards of associated grading, consisting of 14,000 cubic yards of cut and 2,000 cubic yards of fill, of which 12,000 cubic yards will be exported from the site. The Planning Commission finds that the proposed project is permitted within the RS -4 zoning district, and would not result in significant adverse environmental impacts In making this finding, the Planning Commission considered the project's mitigation measures that address the issues of Land Use and Planning, Aesthetics, Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water Quality Section 2: The creation of seven (7) single-family residential lots is consistent with the type of land use and density identified in the City's General Plan, Residential 2-4 Dwelling Units per Acre; and, as conditioned, is consistent with the City's Development Code for projects within the RS -4 zoning district, and will not significantly impact the required land use. Section 3: The proposed project will create seven (7) single-family residential lots that when developed will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecast in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing beyond what will developed. The project will not create a significant additional demand for fire or police protection, or other governmental services Section 4: The subdivision and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract, and that the dedications required by local ordinance are shown on the Tentative Tract Map and/or are set forth in the attached conditions of approval. P C Resolution No 2001-44 Page 3 of 7 ! 0 Section 5: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Quality Control Board. Section 6: The project requires 16,000 cubic yards of associated grading to prepare the site for residential development As such, the Planning Commission finds that the proposed project will not result in significant adverse affects to topography; destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; affect any plant or animal species or result in the removal of any sensitive plant life or animal life; or create a wasteful or inefficient use of the energy already being consumed on the site. Although on-site grading is proposed, a geotechnical report addressing the scope of the project grading has been conceptually approved by the City's Geotechnical Engineer in the planning stage, further reports will be required to be reviewed and approved by the City's Building Official and the City's geotechnical consultant prior to issuance of grading or building permits. Furthermore, the geotechnical report shall provide the developer with applicable conditions for which the project shall be constructed, along with other conditions that the City's Building Official and City's geotechnical consultant find necessary to ensure the protect is constructed in a manner that does not jeopardize the public's health, safety and welfare. As such, the mitigation measures will ensure that the proposed project will not cause any significant geological impacts Section 7: The proposed project will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting. Although there may be slight changes in the absorption rates, drainage patterns, and surface run-off on the subject site as a result of the proposed project A proposed drainage plan shall be submitted to the City for review and approval pertaining to the implementation of mitigation measures that address potential impacts to water patterns. Furthermore, in compliance with the Federal Clean Water Act, an Urban Stormwater Mitigation Plan shall be submitted to City for review and approval prior to the issuance of grading and building permits, as it pertains to implementation strategies that reduce stormwater runoff As such, the Planning Commission finds that such conditions will ensure that water patterns will not significantly impact the surrounding environment Section 8: That the proposed land division will not generate traffic volumes that create substantial impacts to circulation patterns, parking capacity, or traffic congestion, as discussed in the Initial Study Section 9: Although the construction of the proposed project is anticipated to generate noise levels uncommon to the surrounding environment, such noise will be temporary in nature and that the City has imposed conditions, in accordance with the P C Resolution No 2001-44 Page 4 of 7 0 0 City of Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7 00 AM and 7 00 PM, Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code). Furthermore, mitigation measures require that all construction equipment engines be equipped with standard noise insulating features and are tuned to the manufacturer's recommendations As such, the Planning Commission finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties. Section 10: With respect to aesthetics, the City's Development Code requires new residential construction be developed in a manner that is consistent with the surrounding neighborhood, as it pertains to size, mass and bulk, architectural style and front yard setbacks, in order to preserve the character of established neighborhoods The seven (7) homes proposed as a part of this project have been reviewed for compatibility with the character of the surrounding Mesa Palos Verdes neighborhood. All of the homes will comply with the 20 -foot front -yard setback requirement, which applies throughout the surrounding neighborhood The homes will also display a variety of architectural styles and materials that complement the architecture of nearby homes. Although the proposed homes are generally larger than the surrounding homes in Mesa Palos Verdes, their size has been reduced by the applicant in response to neighborhood concerns The six (6) homes on the cul-de-sac will form their own "neighborhood" that will be internally consistent with itself The seventh home, which faces on to Scotwood Drive, will be seen in direct context with adjacent residences, so it has been re -designed to minimize its apparent bulk and mass as viewed from the street With respect to scenic vistas from surrounding properties, the project has been modified to lima all seven (7) homes to sixteen feet (16') in height, as measured from the finished grade elevations, so that ocean views are preserved and protected. As such, the Planning Commission finds that the proposed conditions will protect views of the Pacific Ocean and Santa Catalina Island from surrounding properties Section 11: Grading of the site may cause some impacts to air quality as a result of air -borne dust particles. However, to ensure that there will be no significant impacts, mitigation measures have been added that require the applicant take specific actions to control air -borne dust particles. Section 12: For reasons discussed in the Initial Study, which is incorporated herein by reference, the project will not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable. Section 13: The applicant has consulted the lists prepared pursuant to Section 65962 5 of the Government Code and has submitted a signed statement indicating whether the project and any alternatives are located on a site which is included on any P C Resolution No. 2001-44 Page 5 of 7 0 0 such list, and has specified any such list. The Lead Agency has consulted the lists compiled pursuant to Section 65962.5 of the Government Code, and has certified that the development project and any alternatives proposed in this application are not included in these lists of known Hazardous Waste and Substances Sites as compiled by the California Environmental Protection Agency Section 14: The mitigation measures set forth in the Mitigation Monitoring Program, Exhibit 'A', attached hereto, are incorporated into the scope of the proposed project These measures will reduce potential significant impacts identified in the Initial Study to a less than significant level. Section 15: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study, Staff Reports, minutes, and records of the proceedings, the Planning Commission has determined that the project as conditioned and mitigated will not result in a significant adverse impact on the environment and therefore recommends that the City Council adopt the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No 738, Tentative Tract Map No. 53305, General Plan Amendment No. 30, Conditional Use Permit No 228 and Grading Permit No. 2242 to allow the subdivision of a 4 99 -acre site into seven (7) residential lots, one (1) open space lot, one (1) private street lot and one (1) lot to accommodate the existing California Water Service Company offices, on property located within the City's designated RS -4 zoning district, located at 5837 Crest Road P C Resolution No 2001-44 Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 27th day of November 2001, by the following vote: AYES Chairman Lyon, Commissioners Cartwright, Long, Mueller and Paulson NOES' none ABSTENTIONS: none ABSENT. Commissioner Vannorsdall ir Frank Lyon Chairman Joel has, AiCP Director of Planning, Building and Code Enforcement, and, Secretary to the Planning Commission M \Projects\TTM 53305_GPA 30_CUP 228—GR 2242_EA 738 (Cal Water -JCC Homes)\20011127_Reso_PC_MND doc P.C. Resolution No 2001-44 Page 7 of 7