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PC RES 2019-024 P.C. RESOLUTION NO. 2019-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A CONDITIONAL USE PERMIT REVISION AND GRADING PERMIT FOR A HYDROGEN FUELING STATION AT 28103 HAWTHORNE BOULEVARD (PLCU2OI 8-0004). WHEREAS, on March 9, 2018, applications were submitted for Conditional Use Permit No. 182 Revision "F" and a Major Grading Permit for 28103 Hawthorne Boulevard. WHEREAS, on April 9, 2018, Staff completed the initial review of the development application and deemed the application incomplete. WHEREAS, after discussion with the Applicant that the environmental review was needed, the Applicant submitted an application and the required fee for an Environmental Assessment/Mitigated Negative Declaration (MND) on April 26, 2019. WHEREAS, after subsequent submittals and reviews of additional information, Staff deemed the project complete on July 1, 2019. 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 for Conditional Use Permit No. 182 Revision "F" and a Major Grading Permit would result in a significant adverse effect on the environment, provided appropriate mitigation measures are imposed on the project. . WHEREAS, the notice of the Initial Study/Mitigated Negative Declaration and the proposed Conditional Use Permit No. 182 Revision "F" and Major Grading Permit was sent to all property owners within 500' of the subject site and appropriate public agencies for a comment period of more than 20 days, commencing on September 12, 2019, and concluding on October 3, 2019. Additionally, the notice was published on the same day in the Peninsula News. WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Municipal Code, the Planning Commission held a duly-noticed public hearing on October 8, 2019, at which time all interested parties were given an opportunity to be heard and present evidence. P.C. Resolution No. 2019-24 Page 1 of 3 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission finds that the above recitals are true and correct, and incorporate them herein by this reference. Section 2: The Planning Commission has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence and finds that the Mitigated Negative Declaration was prepared in the manner required by law, and there is no substantial evidence, provided appropriate mitigation measures are imposed, that the approval of Case No. PLCU2018-0004 (Conditional Use Permit No. 182 Revision "F" and Grading Permit) would result in a significant adverse effect upon the environment. Section 3: There are no sensitive natural habitat areas on the subject site and, therefore, the proposed 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 4: The attached Mitigated Negative Declaration finds that there are no impacts or less-than-significant impacts to agriculture/forestry resources, biological resources, greenhouse gas emissions, mineral resources, population/housing, land use/planning, transportation, recreation, wildfire, utilities/service systems and public services. Section 5: With the imposition of mitigation measures that address potential impacts upon aesthetics, air quality, cultural resources, geology/soils, hazards/hazardous material, hydrology/water quality, noise, tribal cultural resources, and mandatory findings of significance in the community and as set forth in the Mitigation Monitoring Program, Exhibit "B", which is attached hereto and incorporated herein by this reference, the proposed project's potential significant impacts will be reduced below a level of significance. Section 6: For the foregoing reasons and based on the information and findings included in the Initial Study and Staff Report, the Planning Commission has determined that the project as conditioned and mitigated will not have a significant adverse impact on the environment and also finds that the preparation of the Mitigated Negative Declaration attached hereto complies with CEQA. Therefore, the Planning Commission hereby certifies the Mitigated Negative Declaration, which is attached hereto as Exhibit "A" and incorporated herein by this reference, making certain environmental findings to allow the Conditional Use Permit No. 182 Revision "F" and Major Grading Permit to allow the installation of a retail hydrogen fueling station consisting of a hydrogen fuel pump, tank, and associated mechanical equipment both above and below ground at the existing Shell gas and service station, and 100 cubic yards of associated grading located at 28103 Hawthorne Boulevard. P.C. Resolution No. 2019-24 Page 2 of 3 PASSED, CERTIFIED AND ADOPTED this 8th day of October 2019, by the following vote: AYES: COMMISSIONERS JAMES, NELSON, SANTAROSA, SAADATNEJADI, PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE avid Bradley Chairman 4,‘411, Ar. •fin, AICP Director of Corn nity Development; and Secretary of the Planning Commission P.C. Resolution No. 2019-24 Page 3 of 3