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PC RES 2003-043P.C. RESOLUTION NO. 2003-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR VESTING TENTATIVE PARCEL MAP NO. 27090 (CASE NO. SUB2003-00006) FOR THE SUBDIVISION OF AN 83,638 SQUARE FOOT LOT, HEIGHT VARIATION, GRADING PERMIT, AND MINOR EXCEPTION PERMIT (CASE NO. ZON2002-00602), FOR THE CONSTRUCTION OF A NEW 6,600 SQUARE FOOT SINGLE FAMILY RESIDENCE, THE GRADING OF 3,360 CUBIC YARDS, AND THE CONSTRUCTION OF A 5'-0" HiGH FENCE, PILASTERS AND GATE, PROPERTY LOCATED AT 30357 DIAMONTE LANE. WHEREAS, on December 2, 2002 an application for Grading Permit Case No. 2002-00602 was submitted to the Planning Department to allow the construction of a new 6,600 square foot single-family residence, and grading of 3,360 cubic yards, and, WHEREAS, on March 25, 2003, an application for Environmental Assessment, Height Variation, and Minor Exception Permit, Vesting Tentative Parcel Map No 27090 (Case No. SUB2003-00006), requesting approval for the subdivision of a developed parcel into two separate lots for the property located at 30357 Diamonte Lane was submitted to the Planning Department; and, WHEREAS, on July 27, 2003, the application for Tentative Parcel Map No 27090 was deemed complete by Staff; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of Vesting Tentative Parcel Map No 27090 would result in a significant adverse effect upon the environment, therefore, a Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on September 23, 2003, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS P.0 Resolution No. 2003-43 Page 1 of 3 Section 1: That 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 there is no substantial evidence that the approval of Vesting Tentative Parcel Map No 27090 (Case No. SUB2003-00006), Height Variation, Grading Permit, and Minor Exception Permit (Case No. ZON2002-00602) would result in a significant adverse effect upon the environment. Section 2: That although the Negative Declaration analyzes the environmental impacts associated with Vesting Tentative Parcel Map No 27090 (Case No. SUB2003- 00006), Height Variation, Grading Permit, and Minor Exception Permit (Case No. ZON2002-00602), physical development of the newly created Lot 2 will not be permitted without additional City review and approval. Additional environmental review will be completed for any future projects proposed for Lot 2, as required by the Rancho Palos Verdes Development Code and the California Environmental Quality Act Section 3: That the proposed project is consistent with the City of Rancho Palos Verdes General Plan and with the underlying RS -2 Single -Family Residential land use designation since the two lots being created contain over 6,600 square feet of contiguous lot area; contain over 20,000 square -feet of total lot area; and, contain the minimum lot depth and width requirements. Section 4: For reasons discussed in the Initial Study, the parcel map and any future potential development of either parcel will not alter the land use designation of the area and the subject site The proposed project will not significantly alter the location, distribution, density, or growth rate of the human population in the area above what is forecasted in adopted City plans and policies, nor will the project significantly affect existing housing, or create a demand for additional housing The proposed project will not significantly affect the soils and geology of the site nor will the project significantly increase surface run-off on the site The parcel map and any future development on the parcel will not significantly affect the air quality in the South Coast Air Basin or the current/future transportation services or circulation patterns of the City. Further, the project will have no significant affect on current or future energy, mineral, or agricultural resources within the City Section 5: That there are no sensitive natural habitat areas on the subject site, and any future development of either vacant lot will be required to comply with the City's Development Code standards. No site disturbance and/or alteration of any kind will result from the approval of Vesting Tentative Parcel Map No 27090, 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 6: 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 September 23, 2003, the date of the Planning Commission's final action P.C. Resolution No. 2003-43 Page 2 of 3 Section 7: Prior to taking action on the proposed project, in compliance with the California Environmental Quality Act (CEQA), the Planning Commission independently reviewed and considered the information and findings contained in the Negative Declaration. 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 also finds that the preparation of the Negative Declaration complies with CEQA Therefore, the Planning Commission hereby adopts the Negative Declaration making certain environmental findings to allow the subdivision of an existing parcel, the construction of a new 6,600 square foot single-family residence, the grading of 3,360 cubic yards, and the construction of a 6-0" high fence, pilasters, and gate located at 30357 Diamonte Lane PASSED, APPROVED AND ADOPTED this 23rd day of September 2003, by the following vote - AYES: Commissioners Lyon, Cartwright, Tomblin, Duran Reed, and Vice Chair Mueller NOES: none ABSTENTIONS. Commissioner Cote ABSENT: Chairman Long C-1 W6 TAeffes-L-er , VICC Chairman Joel Roja ICP 0 Dir ctor �Ualnning, Building and Code Enforcement, and, c cretary to the Planning Commission PC Resoiution No. 2003-43 Page 3 of 3