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CC RES 1992-120RESOLUTION NO. 92 -120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH GRADING PERMIT NO. 1390 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADDENDUM TO EIR NO. 16. WHEREAS, an application was filed by J.M. Peters Company with respect to real property located on a vacant 163+ acre parcel located north and west of the Forrestal Drive /Pirate Drive Intersection, east of Klondike Canyon and south of the City of Rolling Hills requesting the approval of Grading Permit No. 1390 for development and remedial grading required to implement previously approved Tentative Tract Map No. 37885 and Conditional Use permit No. 79 for a 42 single- family lot Residential Planned Development (RPD) with 2 open space lots; and WHEREAS, the Draft Supplemental Environmental Impact Report (DSEIR) was prepared and circulated for a review period of 30 days from August 5, 1991 through September 6, 1991, in order to receive written comments on the adequacy of the document from responsible agencies and the public; and WHEREAS, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on September 24, 1991 in order to receive public testimony on the DSEIR, at which time all interested parties were given an opportunity to be heard and present comments on the environmental content of the DSEIR; and WHEREAS, comments were submitted by certain responsible agencies and individuals, and that written responses were prepared for all substantive comments received on the DSEIR during the circulation period; and WHEREAS, the response to comments section together with supplemental information to the DSEIR comprised the Final Supplemental Environmental Impact Report ( FSEIR) which was certified by the Planning Commission on October 8, 1991; and WHEREAS, the Planning Commission's action was appealed to the City Council on October 21, 1992 thereby rescinding the certification of the Final Supplemental EIR; and WHEREAS, after Grading Application No. 1390 was denied by the City Council on July 7, 1992, a modified grading plan was submitted for the Council's consideration and an Addendum to the Final Supplemental EIR, which analyzes the environmental impacts of the modified grading plan, was prepared and circulated for thirty (30) days from October 23, 1992 to November 23, 1992 and a public hearing by the Planning Commission was held on November 10, 1992 to receive comments on the re- circulated FSEIR Addendum; and WHEREAS, comments on the FSEIR were submitted by certain responsible agencies and individuals, and that written responses were prepared for all substantive comments and together with the Final Supplemental EIR and Addendum were presented to the City Council for certification on December 7, 1992* NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The FSEIR and Addendum identified as a potential significant environmental impact the effect of geotechnical hazards on the site including slope stability, groundwater seepage and related landslide stability, as well as potential rockfall from the quarry slope on both a project specific and a cumulative basis. Provisions for reducing the impacts to a level of insignificance have been incorporated into the project. To minimize impacts on both a project specific and a cumulative basis, all grading will be performed in accordance with the mitigation measures specified by the City's consulting geologist. Implementation of the mitigation measures will also serve to improve existing slope stability problems and existing rockfall hazards in the area. None of the proposed fills would add driving force to existing landslides in the areas. Section: The FSEIR and Addendum identifies as a potential significant environmental impact the effect on biological resources due to the development and remedial grading of the tract. Provisions for reducing these impacts to a level of insignificance have been incorporated into the project. To minimize impacts, general mitigation measures will be implemented to reduce biological resource impacts. A Resource Management Plan will also-be enacted to mitigate impacts to the California gnatcatcher and the Palos Verdes Blue Butterfly, The Resource Management Plan will set forth parameters for protection of the habitat of the Palos Verdes Blue Butterfly and for preservation, replacement and enhancement of gnatcatcher habitat, or coastal sage scrub, located on the project site. After mitigation, cumulative impacts to the declining California gnatcatcher habitat would still be considered significant, and therefore a statement of overriding considerations has been adopted as discussed in Section 7 regarding the gnatcatcher habitat. All other impacts would be reduced to a level of insignificance. Resolution No, 92-120 Page 2 Section 3: The FSEIR and Addendum identifies as a potential significant environmental impact the temporary effect on air quality resulting from pollutants emitted by grading equipment and dust generated during grading and site preparation. Provisions for reducing the short -term (fugitive dust) emissions to a level of insignificance have been incorporated into the project. Fugitive dust emissions are not considered significant as they will be strictly controlled through regular watering, phasing and other dust preventative measures. Long term impacts on noise are not considered to be significant. Based on the SCAQMD significance criteria contained in the 1992 CEQA Air Quality Handbook, the project does not result in significant impacts based on either quantitative or qualitative conditions. The long -term project emissions do not exceed the SCAQMD thresholds of significance for CO, ROG and NOX. Further, the project does not result in a population increase in excess of SCAQMD's regional Growth Management Plan, and is consistent with the City's General Plan. Section 4: The FSEIR and Addendum identifies as a potential significant environmental impact the effect of noise generation as a result of site grading equipment such as trucks, graders, bulldozers, and portable generators which represent a short -term impact to the ambient noise levels at the project site. Provisions for reducing the impacts to a level of insignificance have been incorporated into the project. Mitigation measures for project- related short -term noise impacts have been established through project conditions of approval which include limits on the hours of operation for construction and grading, control over the location of equipment storage and vehicle staging, surrounding on -site noise sources such as compressors, generators or power saws by a temporary plywood enclosure to serve as a noise barrier, or by furnishing said equipment with hospital grade mufflers for engine- driven sources. Long term noise impacts are not anticipated as the low- density residential development would not generate significant noise levels. Section 5: The FSEIR and Addendum identifies as a potential significant environmental impact the effect the project will have on public services and utilities. With the exception of water service, project impacts to these services, including fire and police protection, educational facilities, wastewater treatment, and all utilities, are not considered significant. With regard to water, however, the water demand factor of the development, along with the future .irrigation water for landscaped ares and short -term water demand for project grading and dust control, are considered to be significant adverse impacts in light of the current Southern California water shortage. Proposed mitigation measures will reduce the project- specific water demand by installing low -flow plumbing fixtures and controls on landscaping Resolution No, 92 -120 Page 3 and irrigation. However, even after mitigation, the project-specific and cumulative impacts to water demand will remain significant. A statement of overriding considerations has been adopted as discussed in Section 7. The future significance of water demand impacts on a regionwide and state-wide basis will depend-on the success of conservation measures, improvements to delivery and water storage facilities, and the duration of the current drought. Section 6: The FSEIR and Addendum identifies as a potential significant environmental impact the effect of landform modifications. (visual character) to portions of the subject property. Provisions for reducing the impacts to a level of insignificance have been incorporated into the project. Project modification of the current steep quarry face along Forrestal Drive will result in a .75:1, 1:11 1-5:1 gradient slope cut. Visual mitigation measures have already been adopted as part of the conditions of approval for previously approved Conditional Use Permit No. 79 and Tentative Tract Map No. 37885. These mitigation measures include requiring a landscape plan and residential unit lighting plan for the project to avoid direct off-site illumination. Additional mitigation measures will regulate the extent of re-vegetation for the graded areas to further reduce-the project's visual impacts to a level of insignificance. Section 7: The geotechnical and recreational benefits provided by the project outweigh any unavoidable significant adverse environmental impacts that may occur to biological resources and water services. The project implements the Residential Single Family designation (RS-1) of the general plan and zoning map while preserving 142 (87%) of the site as open space with public trails, drainage improvements, and habitat area. The project eliminates geotechnical hazards which have been identified on the project site., Exhibit "A", attached hereto, contains a statement of overriding considerations, pursuant to the California Environmental Quality Act, which is hereby adopted by the City Council and incorporated herein by this reference. Section 81 That the City Council does hereby declare that a Final Supplemental Environmental Impact Report and Addendum have been prepared in compliance with CEQA and State and local guidelines and that the City Council has reviewed and considered the contents of the FSEIR and Addendum in reaching its decision. Resolution No, 92-120 Page 4 Section 9: For the foregoing reasons and based on the information and findings included in the Draft and Final Supplemental Environmental Impact Report and Addendum, Staff Reports, minutes, and records of proceedings, the City Council of the City of Rancho Palos Verdes has reviewed and considered the information contained in the FSEIR and Addendum and hereby finds that the FSEIR and Addendum was completed in compliance with the California Environmental Quality Act and certifies the FSEIR and Addendum. PASSED, APPROVED, AND ADOPTED this 7th day of December, 1992. v� YOR ATTEST: AO C Y CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No, 9 2 ]2 ,oyas fully and regularly passed and adopted by the said City Council at a g Y P regular meeting held on December 7, 199240 CITY CLERX/ CITY OF CHO PALOS VERDES Resolution No. 92 -1210 page 5 EXHIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Rancho Palos Verdes finds that the mitigation measures discussed in the Supplemental Environmental Impact Report and Addendum will, when implemented, mitigate or substantially reduce all but two of the significant effects identified in the Final Supplemental Environmental Impact Report and Addendum. The biological resources and water service effects of the project are found to be unavoidable even after incorporation of all feasible mitigation measures. The City Council has balanced the benefits of the project against these effects in approving Grading Application No. 1390. In this regard, the City Council of the City of Rancho Palos Verdes hereby finds that all feasible mitigation measures identified in the Final Supplemental Environmental Impact Report and Addendum which are listed In the Summary of Environmental Impacts and Mitigation Measures of the documents have been and will be implemented with the project through the mitigation monitoring program. The two remaining significant unavoidable effects are acceptable due to the following specific benefits which outweigh the significant environmental effects and justify approval of the project with conditions. 10 Although the project will cause a significant cumulative impact on biological resources due to the reduction of coastal sage scrub habitat area throughout the peninsula, portions of the open space on the property will be revegetated with native plant species to enhance, improve and re- establish wildlife habitat areas, and to specifically create more quality coastal sage scrub habitat. The proposed project will provide recreational opportunities by preserving and rendering usable 142 areas of the site as open space with the dedication of public trail easements within the development, and will provide linkage tO the City's trail system. Resolution No. 92 -120. page 6 2. Impacts to water service are unavoidable when new housing is created. However, in accordance with projected housing needs for the City, and the Single Family designation of the City's Zoning Map and General Plan, the project will provide 41 additional dwelling units in the City. To mitigate the impacts to water service, the project will install low -flush toilets, showerhead and sink faucets, and the landscaping of open space areas will be vegetated with drought - tolerant material. The future significance of water demands on a regionwide and state -wide basis will depend on the success of conservation measures, improvements to delivery and water storage facilities, and the duration of the current California drought. jhr2- gr1390re.cc Resolution No, 92 -120 Page 7 and irrigation. However, even after mitigation, the project-specific and cumulative impacts to water demand will remain significant. A statement o I f overriding considerations has been adopted as discussed in Section 7. The future significance of water demand impacts on a regionwide and state-wide basis will depend on the success of conservation measures, improvements to delivery and water storage facilities, and the duration of the current drought. Section 6: The FSEIR and Addendum identifies as a potential significant environmental impact the effect of landform modifications. (visual character) to portions of the subject property. Provisions for reducing the impacts to a level of insignificance have been incorporated into the project. Project modification of the current steep quarry face along Forrestal Drive will result in a .75:1, 1:11 1-5:1 gradient slope cut. Visual mitigation measures have already been adopted as part of the conditions of approval for previously approved Conditional Use Permit No. 79 and Tentative Tract Map No, 37885. These mitigation measures include requiring a landscape plan and residential unit lighting plan for the project to avoid direct off-site illumination. Additional mitigation measures will regulate the extent of re-vegetation for the graded areas to further reduce-the project's visual impacts to a level of insignificance. Section 7: The geotechnical and recreational benefits provided by the project outweigh any unavoidable significant adverse environmental impacts that may occur to biological resources and water services. The project implements the Residential Single Family designation (RS-1) of the general plan and zoning map while preserving 142 (87%) of the site as open space with public trails, drainage improvements, and habitat area. The project eliminates geotechnical hazards which have been identified on the project site. Exhibit "A", attached hereto, contains a statement of overriding considerations, pursuant to the California Environmental Quality Act, which is hereby adopted by the City Council and incorporated herein by this reference. Section 8: That the City Council does hereby declare that a Final Supplemental Environmental Impact Report and Addendum have been prepared in compliance with CEQA and State and local guidelines and that the City Council has reviewed and considered the contents of the FSEIR and Addendum in reaching its decision. Resolution No, 92-120 Page 4