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PC RES 2002-015RESOLUTION NO. 2002-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 745, HEIGHT VARIATION N0. 899, GRADING PERMIT NO. 2151, MINOR EXCEPTION PERMIT NO. 573, AND VARIANCE NO. 488 TO ALLOW THE CONSTRUCTION OF A NEW 5,409 SQUARE FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 3787 COOLHEIGHTS DRIVE. WHEREAS, on November 17, 1999 the subject applications, Height Variation No 899, Grading Permit No. 2151 and Minor Exception Permit No. 573 were submitted to the Planning Department by the property owners, Mr and Mrs Joe Nassiri of 3787 Coolheights Drive, to allow the construction of a new 5,409 square foot, two-story, single-family residence with 819 cubic yards of associated grading; and, WHEREAS, on February 24, 2000 the City's Geotechnical Engineer reviewed and conditionally approved the applicants' geotechnical reports and studies; and, WHEREAS, after several meetings attended by Staff and the property owners and their architect, revised plans were submitted and deemed complete for processing on September 26, 2000, and, WHEREAS, during the public noticing period for the November 14, 2000 Planning Commission meeting, the City received several comment letters from surrounding property owners expressing concern regarding the proposed project and its impacts to neighboring views, public trail access, brush clearance, habitat, and turnaround improvements. In light of the public comments letters, Staff determined that additional information and studies needed to be completed in order for the Commission to consider the project's merits; and WHEREAS, at its November 14, 2000 meeting, the Planning Commission tabled the public hearing for the proposed project in order to allow Staff and the applicants ample time to complete the necessary information needed to process the project applications, and, WHEREAS, as a result of the Fire Department's requirement to clear brush on the slopes that extend beyond the building pad, it was determined that the project would result in potential impacts to protected habitat and could therefore not be processed as a Categorical Exemption pursuant to the California Environmental Quality Act (CEQA); and, WHEREAS, pursuant to CEQA, the proposed project required the preparation of an Initial Study, thus requiring the applicants submit new information along with a revised application, and, P.C. Resolution 2002-15 July 9, 2002 - MND Page 1 of 6 WHEREAS, on March 8, 2001, Environmental Assessment No. 745 along with revised plans were submitted to the Planning Department on behalf of the property owners for the preparation of the appropriate environmental documents; and, WHEREAS on October 9, 2001 the project applications were deemed 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 and project approval, there is no substantial evidence that the approval of Height Variation No. 899, Grading Permit No. 2151, Minor Exception Permit No 573, and Variance No 488 would result in a significant adverse effect on the environment Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Initial Study was prepared on April 10, 2002 and distributed for circulation and review on April 11, 2002 through May 13, 2002, 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 745 and 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 May 14, 2002 at which all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at the May 14, 2002 meeting, the Commission unanimously moved to continue the public hearing to its May 28`h meeting so that Staff may further research the concerns raised at the public hearing. Specifically, the Commission directed Staff to consider alternatives to the applicant's hammerhead turnaround, including the design of a cul-de-sac, at the terminus of Coolheights Drive; and, WHEREAS, at its May 28, 2002 meeting, the Planning Commission continued the public hearing to its June 11`h meeting in order to allow Staff additional time to complete its analysis on the outstanding issues, including the turn -around design alternatives, and, WHEREAS, at the June 11, 2002 meeting, the Planning Commission continued the public hearing discussion on the project, and after hearing public testimony, the Commission unanimously moved to continue the public hearing to its June 25, 2002 meeting, so that Staff can meet with the applicant and the neighboring property owners to address issues pertaining to the proposed design of the turn -around, potential view impacts, brush clearance, and the public access trails; and, WHEREAS, at the June 25, 2002, the Planning Commission continued the public hearing to its July 9, 2002 meeting so that Staff can continue its analysis of the issues identified at previous meetings, and, P.C. Resolution 2002-15 July 9, 2002 - MND Page 2 of 6 WHEREAS, on July 9, 2002, the Planning Commission continued the public hearing discussion on the project's Mitigated Negative Declaration and Mitigation Monitoring program, at which time all interested parties were given the opportunity to be heard and present evidence The Planning Commission also unanimously moved to continue the public hearing discussion on the merits of the project applications to the July 23, 2002 meeting, and, 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 construction of a 5,409 square foot, two-story, single-family residence with 819 cubic yards of associated grading The Planning Commission finds that the proposed project is a permitted use within the RS -1 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 Biological Resources, Geology, and Recreation Section 2 The subject property is currently zoned for single-family residential (RS -1) development in an area that abuts the City's Natural and Urban Overlay Control Districts The Planning Commission finds that the site will be improvement to accommodate the construction of a new single-family residence in an area of the 2.30 acre site that was previously disturbed when the neighboring tract was developed in the 1960's As such, the proposed residence will not significantly impact the City's required land use designation Section 3. The proposed project 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 The project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services The project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal Furthermore, the proposed project will not result in an increase in population, thereby warranting new recreational facilities Notwithstanding, public trails identified in the City's Conceptual Trails Plan and Forrestal Management Plan traverse the subject property that will be conveyed to the City in the form of a public access easement. Therefore, the proposed project results in no significant impacts to existing parkland Section 4 The proposed project will require approximately 819 cubic yards of earth movement to prepare the project for the construction of the proposed residence 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, 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 reviewed and approved in the Planning Stage by the City's Geotechnical Consultant. Nonetheless, additional reports may be required for final review and approval by the City's Building Official and the City's Geotechnical Consultant prior to issuance of building permits Furthermore, the Geotechnical Report shall provide the developer with applicable conditions for which the project shall be constructed, P C Resolution 2002-15 July 9, 2002 - MND Page 3 of 6 along with other conditions that the City's Building Official and City's Geotechnical Consultant find necessary to ensure the project 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 5: The project site is located within an area identified by the Los Angeles County Fired Department as a High Fire Hazard Area, thereby requiring the removal or thinning of brush on slopes that extend beyond the protect site's building pad Pursuant to the Fire Department's approved Fuel Modification Plan, the required brush clearance may impact sensitive Plant Life or Animal Life As such, the Fire Department has reduced its setback requirements for the various zones requiring fuel modification. Additionally, the environmental analysis conducted for the proposed project revealed that such impacts to habitat may be reduced to a level of insignificance provided that the appropriate mitigation measures are adopted Such mitigation includes the applicants responsibility to preserve offsite habitat at a 3.1 ratio, or by providing permanent protection for existing on-site habitat at a ratio of 1.1. it has been determined that on-site habitat preservation may be achieved by conveying an Open Space Conservation Easement on the project site to the City or a land management agency As such, the Planning Commission finds that with the appropriate mitigation measures, potential impacts to habitat may be reduced to a level of insignificance. Section 6: 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 protect. 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 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 7: The proposed project is for the construction of a new single-family residence in an area developed with similar structures. As such, the planning Commission finds that the proposed project will not create substantial impacts to circulation patterns, parking capacity, or traffic congestion Section 8: 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 City of Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7 00 a m and 7 00 p m Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code) As such, the Planning Commission finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties Section 9: In regards to aesthetics, the City's Development Code requires that improvements to the project site be designed in a manner that is compatible to the neighboring homes on Coolheights Drive. As proposed, the project is designed so that the structure aligns with the homes on the "non -view" side of the street, while integrating articulation between the lower and upper levels to visually soften the structure's massive and bulky appearance P.C. Resolution 2002-15 July 9, 2002 - MND Page 4of6 Furthermore, the proposed residence is located at the terminus of Coolheights Drive on a lot that was not created when the neighboring tract was developed. Notwithstanding, the project site's location at the terminus of the street further minimizes its impacts to the character of the immediate neighborhood because it will not be highly visible In regards to a scenic vista from surrounding properties, including the City owned Forrestal Property, the proposed residence has been designed and plotted in a manner that restricts its visibility from neighboring properties furthermore, the proposed structure's maximum roof ndgeline is significantly lower than the public trails that traverse the project site and the Forrestal property, with views oriented in the opposite direction than the proposed development As such, the Planning Commission finds that the proposed project will be compatible with the character of the immediate neighborhood despite its distinctive difference in lot area and lot configuration, and will not result in a significant view impairment of protected views of the Pacific Ocean from surrounding properties and the City owned Forrestal Property Section 10: 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 11: 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 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 12: 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 those potential significant impacts identified in the Initial Study to a less than significant level. Section 13: Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 60 060 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following the date of the Planning Commission's final action on the project applications. Section 14: 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 Therefore, the Planning Commission hereby adopts the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No 745 to allow the construction of a new 5,409 square foot, two-story, single-family residence on property located at 3787 Coolheights Drive P.C. Resolution 2002-15 July 9, 2002 - MND Page 5 of 6 AYES: Chairman Cartwright,Commissioners Lyon, Cote and Mueller ABSTENTIONS: None ABSENT: Vice -Chairman Long, Commissioners Tomblin and Duran -Reed Joel pjas, AIC Dire or of Plan , ng Building Code EnforU ent; and, Secretary to the Planning Commission P.C. Resolution 2002-1 July 9, 2002 - IVIN Page 6 of NASSIRI RESIDENCE PROJECT ENVIRONMENTAL IMPACT REPORT BIOLOGICAL RESOURCES MITIGATION MONITORING AND REPORTING CHECKLIST Exhibit "A"- Mitigation Monitoring Program P.C. Resolution No. 2002-15 Page 1 of 2 VERIFICATION OF COMPLIANCE Mit/ Cond. Monitoring and Monitoring Party Mitigation Measure/Conditions of Approval Responsible Initials Date Remarks No. Reporting Process Milestone for Monitoring BIOLOGICAL RESOURCES B10-1 A focused spring survey for the Lyon's pentachaeta shall be conducted by a qualified biologist within the Rhus dominated scrub where fuel modification would Prior to be required during the months of March and August In implementation of City -Approved the event Lyon's pentachaeta is observed, Resource Fuel Modification Biologist Agency approval shall be obtained prior to the Fuel Modification and Grading Permit issuance Also prior Spring Survey and City Planning, to the Fuel Modification and Grading Permit issuance, Building and Code the plants shall be flagged and avoided, including a Prior to Grading Enforcement minimum five-foot buffer area, during the fuel Permit Issuance Department modification and trail realignment process (The LACFD guidelines include provisions for dealing with special status resources in fuel modification zones) B10-2 Construction access shall utilize the existing paved City Planning, road (Coolheights Drive) Construction staging areas Field Verification During Construction Building and Code shall be restricted to areas that are already disturbed Enforcement on the building pad area Department BIO -3 Construction plans/drawings, including but not limited City Planning, to drainage and grading plans, shall include measures Prior to Grading building and Code to prevent erosion and run-off into adjacent habitat, as Plan Review permit Issuance enforcement required by Section 13 10 of the RPVMC (Storm Water Department and Urban Runoff Pollution Control) 1310-4 Construction activities that include grading and fuel Non -breeding City -Approved modification shall be conducted during the season of the Biologist non -breeding season of the California gnatcatcher and California the non -growing season of the Catalina Mariposa Lily Plan Review gnatcatcher and the City Planning, (generally between August 31 and December 31) (Fuel Modification) non -growing season Building and Code of the Catalina Enforcement Field Verification Mariposa Lily Department (generally between Los Angeles August 31 and County Fire December 31) Department Exhibit "A"- Mitigation Monitoring Program P.C. Resolution No. 2002-15 Page 1 of 2 Exhibit "A"- Mitigation Monitoring Program P.0 Resolution No 2002-15 Page 2 of 2 VERIFICATION OF COMPLIANCE Cond Party Monitoring and Monitoring Responsible Initials Date Remarks Mitigation Measure/Conditions of Approval No ReportinProcess Milestone g for Monitoring BIO -5 Mitigation for the loss of a portion of one pair of California gnatcatcher's territory and occupied sage scrub shall be attained by providing permanent protection for existing onsite or nearby habitat (at a ratio of 1 1), or by restoring or enhancing sage scrub Prior to Grading and providing permanent protection for offsite habitat Permit Issuance City Planning, (at a ratio of 3 1) Existing habitat to be preserved shall Mitigation Plan Review Building and Code be of equal or higher quality than that removed And Enforcement Restored or enhanced habitat shall provide Department substantially similar habitat value to the coastal Fuel Modification California gnatcatcher to that removed Preservation can take the form of a conservation easement on the property or fee title purchase to a public or land mans emeriti enc GEOLOGY AND SOILS GEO-1 Prior to Grading Permit Issuance, the Project Applicant's Geotechnical Engineer shall review the final design drawings and specifications to verify that the Review of Final Design Prior to Grading Project Applicant's recommendations outlined in the Geotechnical Reports Drawings Permit Issuance Geotechnical (October 17, 1997 and January 11, 2000) have been Engineer implemented The Project Applicant's Geotechnical Engineer shall demonstrate, to the satisfaction of the City Geotechnical City's Geotechnical Consultant, that all Consultant recommendations presented in the Reports have been incorporated into the Project design GEO-2 All grading operations shall be accomplished under the observation and testing of the Project Applicant's During Grading Project Applicant's Geotechnical Engineer in accordance with the Field Verification Operations Geotechnical recommendations contained in the Geotechnical Engineer Reports (October 17, 1997 and January 11, 2000) GEO-3 The Project Applicant's Geotechnical Consultant shall Preparation of Final Prior to Grading or Project Applicant's document grading operations and prepare a Final Geotechnical Report Building Permit Geotechnical Geotechnical Report that provides documentation of Issuance Engineer grading activities The "as built" report shall be submitted to the City prior to Grading or Building Permit Review of Final City Geotechnical issuance Geotechnical Report Consultant I I ("As -Built' Report) I I I Exhibit "A"- Mitigation Monitoring Program P.0 Resolution No 2002-15 Page 2 of 2