Loading...
CC RES 1991-042RESOLUTION NO. 91 -42 A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF RANCHO PALOS VERDES DENYING THE APPEAL REGARDING ENVIRONMENTAL IMPACT REPORT NO. 29 AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 136, COASTAL PERMIT NO. 52, GRADING PERMIT NO. 1246 AND LOT LINE ADJUSTMENT NO. 38 FOR A HOTEL AND CONFERENCE FACILITY LOCATED AT 6610 PALOS VERDES DRIVE SOUTH. WHEREAS, an application was filed by the Monaghan Company with respect to the real property, described in Exhibit "A" hereto, requesting the approval of a conditional use permit, coastal permit, grading permit and lot line adjustment to permit a hotel, conference/ community center, spa/ fitness center, two freestanding restaurants and a nine hole golf course on 102 acres bounded by Palos Verdes Drive South on the north, single family -. and multiple family residences to the east, the Pacif is Ocean to. the south and the Los Angeles County Fishing Access to the west; and WHEREAS, a Draft Environmental Impact Report was prepared and circulated for 45_ days from October 30, 1990 to December 13, 19900, _ in order to receive written—comments on the adequacy of the document from responsible agencies and the public, and WHEREAS, a public hearing was held on December 11, 1990 in order to receive public testimony on the Draft Environmental Impact Report, at which time all interested parties were given -an- s_ opportunity to address the Planning Commission; and WHEREAS, comments were submitted by certain individuals and. written responses were prepared to all comments that were received on the Draft Environmental Impact Report during the circulation period and a mitigation monitoring program and statement of overriding considerations was prepared, and these documents were presented to and considered by the Planning Commission on April 23, 1991 as part of the Final Environmental Impact Report (FEIR); and WHEREAS, the Planning Commission certified the Final Environmental Impact Report on April 23, 1991 as having been prepared in accordance with the provisions of CEQA and State and local guidelines; and WHEREAS, on May 6, 1991, Gar Goodson, for Save Our Coastline 2000, appealed the Planning Commission certification of the FEIR to the City Council within the fifteen (15) day appeal period, claiming that the Environmental Impact Report did not adequately assess the impacts associated with the project, and in particular the water usage of the project and noise created by the heliport; and WHEREAS, the .City Council held a public hearing for the appeal on June 16, 1991, at which time all interested parties were given an opportunity to be heard and present evidence and continued the hearing to July 2, 1991 to receive additional written testimony. NOW, THEREFORE, THE =CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The FEIR identified as a potentia 1 significant environmental impact the effect of general Southern California seismic risk both during the construction and operation of the 0ect. Changes or alterations have been required in, or pro] incorporated into- the project which avoid or substantially lessen this impact to a level of insignificance To avert or minimize'' impacts caused by seismic activity, the construction crews will be required to participate in seismic safety training programs, specific structural design measures will be incorporated into the project and all designs will be approved by a state - licensed structural engineer. Section 2: The FEIR iae' ntif ied as a potential significant environmental impact the effect of long term landward erosion of the seacliff on existing structures. Changes or alterations-have . re uired in or incorporated into, -the project which avoid or been q P substantially lessen this impact to a level of insignificance. All new structures will be required to respect the coastal setback - line, as established by the City and verified by the City Geologist, and all existing structures that extend beyond the coastal setback line will not be significantly enlarged. Section 3: The FEIR identifies as a potential significant environmental impact the effect of disturbing contaminated soil on the site during certain construction activities, such as grading and site preparation. Changes or alterations have been -required in , or incorporated into, the project which avoid or substantially P lessen this impact to a level of insignificance. In th -e event that any portion of the site proves to be contaminated, the City will be notified immediately, the soil will be analyzed and disposed of in an approved site and in an approved manner. Section 4: The FEIR identif i-es as a potential significant environmental impact the effect of significant air emissions associated with the operation of the project from on -site stationary sources and mobile sources generated by employees and patrons. Changes or alterations have been required in, or Resolution No. 91 -42 Page 2 incorporated into, the project which avoid or substantially lessen this impact. It is not possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations has been adopted as discussed in Section 12. Since the project is considered to be a major employer, the developer will comply with South Coast Air Quality Management District (SCAQMD) Regulation XV by developing and implementing a traffic reduction plan, including but not limited to promoting car pooling and other forms of ridesharing. s Section 5: The FEIR identifies as a potential significant environmental impact the effect of maintaining the shoreline access way, as required by the California Coastal Act (1976, as amended), which may disrupt the resident California Sea Lion population. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially-lessen- the impact to a level of insignificance. In order to encourage the sea lions to continue to use Sea Lion Point, the developer will be required to post signs and incorporate design features which will warn and keep the public a minimum distance away from the habitat to ensure minimal disturbance to the sea lion population. Section 6: The FEIR identifies as a potential significant environmental impact the effect of the traffic generated by the operation of the project at four of the eight study intersections. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the impact. Depending on the-adjacent jurisdictions willingness to accept the -. -- - proposed mitigation measures, it may not be possible to entirely eliminate this impact. Furthermore, a statement of overriding considerations has been adopted as discussed in Section 12. The developer will be required to make improvements to one intersection located within the City's boundaries and, with the agreement of the other affected local jurisdictions, make improvements to three intersections located in adjacent cities. Section 7: The Draft and Final Environmental Impact Report adequately addressed the environmental impacts of the project on water usage, since the impacts on the City's water supply is discussed in the Draft EIR under Public Services and Utilities on pages 2 -72 to 2 -88 and was found to be insignificant. However, in addition to the reduction in scope of the project to 450 rooms / units, mitigation measures to reduce water usage were incorporated into the mitigation monitoring program and Condition H3 of P.C.. - Resolution No. 91 -16, incorporated into Exhibit "A" attached to Resolution No. 91 -43, requires the developer to file with the City Engineer an unqualified "will serve" statement from the purveyor indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no -- more than six (6) months prior to the issuance of building permits for the main hotel structure. Resolution No. 91 -42 Page 3 Section 8: The Draft and Final Environmental Impact Report adequately addressed the environmental impact of the heliport, since the noise impacts of the proposed heliport operation is discussed in the Draft EIR under Noise on page 2 -38 to 2 -39 and were found to be insignificant based on existing ambient noise levels taken at three locations in the residential area located east of the project site. However, due to the large amount of public testimony opposing the heliport that was received during the public hearing process, Condition B11 of P.C. Resolution 91- 16 , ap modified and incorporated into Exhibit "A" attached to Resolution No. 91 -43, requires the heliport to be placed on the southwest corner of the site, further limits the type and hours of operation from those discussed in the EIR and authorized the heliport to operate for a six month period, after the hotel is in operation, with continued operation to be reviewed by the City on an annual basis. Section 9: A mitigation monitoring program has been prepared for the proposed project to ensure that the mitigation measures incorporated into the project will be properly implemented. Exhibit "B" hereto contains the mitigation monitoring program approved b the Planning Commission and City Council, pursuant to PP y Act and which is incorporated the California Environmental Quality P herein by reference. 4 - Section 10: In addition to the mitigation measures required _ in the FEIR, other mitigation measures have been required which are incorporated in Exhibit "B ". These mitigation measures will.._: further reduce other environmental impacts identified in the FEIR, _ but not found to be s ignif i -cant . = Sectio n 11: The Environmental Impact Report examined six _ project alternatives: three alternative site configurations, one. J alternative use for the site and two alternative site locations. The EIR concluded that the environmentally superior alternative... was Alternative "A ", the No Project alternative, since it would, significantly reduce traffic, compared with the proposed project- which in turn would result in the largest reduction in the unavoidable impact associated with air quality. As required by CEQA, if the No Project alternative is selected as the environmentally superior project, then second alternative must also be selected. The EIR determined that Alternative "D ", the Marine Research Facility was the second environmentally superior alternative, since it reduc =ed traffic by P 70%, compared to the proposed project, and thereby reduced the unavoidable impact associated with air quality. However, the City rejected the No Project alternative as infeasible, as defined in CEQA Section 15364, since it would not further the goals of the Coastal Specific Plan to provide visitor servin g uses in the coastal area, public recreational amenities and adequate public access to the coastline. In addition, the No Project alternative would not remove the negative visual aesthetic Resolution No. 91 -42 Page 4 that currently exists on the site, due to the remaining vacant Marineland buildings and parking lot, which are in disrepair and will continue to deteriorate. The City also rejected the Marine Research Facility alternative as infeasible, as defined in CEQA Section 15364, due to the fact that it is an institutional use and would not fulfill the General Plan and Coastal Specific Plan goals of providing visitor serving uses, public recreational facilities and adequate public access to the coastline. Moreover, no application has been filed to develop a marine research facility and the City lacks the economic resources to purchase the site to develop such a facility. In addition, a use of this type would not provide a level of public amenities and fiscal benefits that could be provided by a hotel development. Therefore, the City Council hereby finds that the proposed hotel project, as modified and conditioned by the Planning Commission, is the preferred alternative. Exhibit "C" hereto contains an evaluation of alternatives, pursuant to the California, Environmental Quality Act, which .is adopted by the City Council and incorporated herein by this reference. Section 12: The social, recreational, economic and other benefits of the project outweigh any unavoidable adverse impacts that may occur. The project implements the Commercial/ Recreational designation of the site in the General Plan and Coastal Specific Plan, while preserving much of the site as recreational open space, with publicly accessible parking, trails and vista points and provides a high quality hotel and conference facility. Exhibit "C" hereto contains findings regarding the environmental effects and a statement of overriding considerations,.pursuant to the California Environmental Quality Act, which is adopted by the City Council and incorporated herein by this reference. Section 13: For the foregoing reasons and based on the information and findings included in the Draft and Final Environmental Impact.Report, staff reports and records of the proceedings, the City Council of the City of Rancho Palos Verdes hereby certifies that the Final Environmental Impact Report for the project (FEIR) was completed in compliance with CEQA and State and local guidelines. The FEIR which has been certified by the City Council includes the documents titled -Final Environmental Impact Report No. 29., Draft Environmental Impact Report No. 29, the list of persons and organizations consulted by the City upon the completion of the Draft EIR, any comments received and the responses to the comments received. The City Council reviewed and considered the information contained in the FEIR and denied the - appeal regarding the certification of the FEIR prior to upholding the Planning Commission's approval of the hotel project. Resolution No. 91 -42 Page 5 PASSED, APPROVED and ADOPTED on July 2, -1991. ATTEST: TY CLERK TATE-OF CALIFORNIA COUNTY OF LOS ANGELES ) CITY OF RANCHO PALOS VERDE) I. Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 91 -42 was duly and regularly gassed and adopted by the said City Council at a regular meeting held on ,July 2, 1991. i CITY CLERK Resolution No. 91 -42 Page 6 EXHIBIT A LONG POINT PARCELS TOTAL PARCEL A parcel of land located in the City of Rancho Palos Verdes. County of Los Angeles, State of California, described as follows:. Commencing at the southeasterly terminus of that certain course in the northeasterly boundary of Lot 11 of Tract No. 30339, per Map recorded in Book 746 pages 85 to 88 inclusive of Maps, in the Office of the County Recorder of said County, as shown on said Tract No. 30339 as having a bearing and length of N17 ° 55' 54 "W 469.94 feet; thence along said certain course and along said northesterly boundary, N17' 55' 54" d 269.21 feet to the TRUE POINT Or BEGINNING, said true point being the intersection of a line that is parallel to and with a distance of 200.07 feet southeasterly and measured at right angles from the southeasterly line of Palos Verdes Drive South (varies in width) as shou~a on said Tract No. 30339; thence along the northeasterly and southeasterly boundaries of Lot 11 of said .Tract No. 30339 as follows, S17'5510404 "E 269.21 feet, 572'04' 06 "W 30.00 feet, and S17° 55' 54 "E 30.00 feet to the Northeast comer of Parcel 2 as shown on Parcel Map '.No. 12715 filed in Book 131 pages 83 and 84 of Parcel Maps, in the Off ice of the County Recorder of said county; thence along the northerly, westerly and southerly line of Parcel 2 as shown on said Parcel Hap No. 32715 as follows, S72'04106 "W 91.33 feet, S37'55' 54 "E 156.97 feet, southeasterly 128.75 feet along a tangent curve concave to the Southwest having a radius of 878.67 feet, a central angle of 8' 23' 448 and a chord bearing of • S13 *44102 "E, S09'32110 1E 371.00 feet, and S83'52'39 "E 94.85 feet to the westerly prolongation of the northerly line of Lot 13 of said Tract No. 30339; .thetics along said pro3orgatfon N80' 27' 50 "E 30.00 feet to the Northwest corner of Lot 13 of said Tract No. 30339; thence along the westerly boundary of Lot 13 of said Tract No. 30339 as follows, S09.32' 10 "E 45.00 feet, southeasterly 110.26 feet along a tangent curve concave to the Northeast having a radius of 350.00 feet, a central angle of 18° 03' 00" and a chord bearing of S18.33' 40 "E, S27' 35' 10 "W x.32.82 feet, and S3 7' 20' 05 "W 70.43 feet to the Northeast corner of the land described in the deed to th-e Los Angeles County Sanitation District No. 5 of Los Angeles County, recorded December 9, 1965 as Instrument No. 3557 of official records of said county; thence along the northerly and westerly lines of said deed as follows , 189' 38' 39 eW 88.11 feet , and' S00' O1' 21 "W 50.00 feet to the northerly boundary of the land described in parcel A in the deed to Oceanariwa Inc., recorded May 14, 1953 as Instrument No. 1559 of official records of said county; thence 589.58'39 "E 50.00 feet along said northerly boundary; thence S44.36'45 "E 364.09 fees; thence S13.10' 00 "W 76.00 feet; thence N30' 00' 00 "W 61.00 feet; thence S00'30100 "E 140.00 feet; - thence S 81.20 ; 00 "W 10.00 feet; thence N05'26120 "W 207.64 feet; thence S70' 30' 00 "W 67.00 feet; thence N38' 20' 00 ",W 60.00 feat; -1- RESOL. NO. 91 -42 EXHIBIT "A" WNG POINT PARCELS TOTAL PARCEL (continued) thence N04' 50' 00 "W 73.00 feet; thence N90'00100 "W 87.00 feet; thence S69.30'00 "W 96.00 feet; thence S51'31150 "W 503.62 feet; thence S40' 20' 00 "W 252.00 feet; thence S31' 17' 00 "W 227.82 feet; thence S26' 0-0' 00 "W 127.00 feet; thence S67 * 00' 00 "W 84.00 feet; thence S58.30' 00 "W 205.00 feet; _ thence N83'45' 00 "W 96.00 feet, thence S -60 ° 50' 00 "W 122.00 feet; thence N30.00' 0-0 "W 30.00 feet; . thence N80 ° 21' 15 "W 258.02 feet; thence S81' 30' 00 "W 52.00 feet; thence NO3.00' 00 "W 37.00 feet; • thence N71'00'00 "W 98.00 feet; thence N43 *22' 15 "W 296.18 feet; thence N 55 ° 00' 00 "W 126-00 feet; thence N12 ° 50' 00 "W 322.00 feet; thence N39' 50' 00 "W 135.00, feet; thence N48' 20' 00 "W 139.00 feet; thence N63' 12' 40 "W 142.16 feet; thence S89' 30' 00 "W 113.00 feet; thence S7 5' 50' 00 "W 129.00 feet; thence N6 9.20' 00"W 140.00 feet; thence* N14 °00'00 "E 252.00 feet; thence N07' 10' 10•E 190.34 feet; , of Palos Gerdes ce N01.45' 44 "E 514, 5�1 feet to the southeasterly 1 then 30339, Drive South varies in wid&.> as shown on said Tract No. Dri C sine of Palos theasterl . 644.74 feet along said southeaste -ly thence nor y D varies in width,.. as shown on said Tract No • Verdes Drive South ( 30339 on a note - t argent curve concave to the Northwest having a w a central. angle of 42' 12' 27 and a chord _ radius of 87 5.22 feet, S ..bearing of ?�88' 3.1' 08 "E ; rive South n uin 3or. said southeasterly line of Palos Verdes D thence continuing a S N67'24155 "E 1400.67 feet; thence 522.35' 05 "£ 200.07 feet; - ce of 200.07 feet thence aion line that is parallel to and with a distance g a .- at ri ht angles from the southeasterly. - southeas �erly and measured g g - . line of Palos Verde Drive South (varies in v -idth) as shown on said • ° 24155"E 435.85 feet to the TRITE POINT OF Tract Noe 30339 , 2�6i 2 BBGTIN ING: EXCEPT any portion of said land which at any time was tide lands, wbicb w not farmed by the deposit of aYluvion €rom natural causes and by imperce b] decrees. Parcel contains 4.644,309 square feed (102.027 acres) more or less (net) D11457.28/se -2- LANG POINT PARCELS PARCEL N0. 1 A parcel of land located in the City of Rancho Palos Verdes* County of Los Angeles, State of California, described as follows: ommenc in g at the southeasterly terminus of that certain course in the C northeasterly boundary bounda of Lot 11 of Tract No. 30339, per Map recorded in _ Book 746 p ages a es 85 to 88 inclusive of Maps, in the office of the County Recorder of said County, as shown on said Tract No. 30339 as having ,a bearing nd length of N17° 55' 54 "W 469.94 feet; thence along said certain g course and along said norrhest c rly boundary, N17° 55' 54 "E 269.21 feet to a .point being the intersection of a line that is parallel to and with a distance of 200.07 feet southeasterly and measured at right angles from the southeasterly lire of Palos Verdes Drive South (varies in width) as shown Y on said Tract No. 30339; thence N22' 35' 05 "W 200.07 feet; thence S67' 24' 55 "W 65.00 feet along said southeasterly line of Palos Verdes Drive South; thence S22° 35' 05 "E 200.07 feet; thence southwesterly 816.48 feet along a tangent curve concave to the No: thwest having a radius of 882.22 feet, a g r ° M and a chord. bearin of S03' 55' 42 "W; thence central a..g_e of 53 O1 35 a _ � " - 8 � N 0 530'26' 30 "W 441.06 feet; thence N59 33' 30 W 15.00 feet to the TRLE POINT F BEGINNING ; thence S59'33'30 "£ 250.00 feet; thence :r86 °34' 15 "E 183.00 feet; thence S03'451450E 110.00 feet; thence S60° 34' 12 "W 337.00 feet; thence SO4'06145 "W 154.00 feet; thence S 6 3 ° O1' l7 "£ 119.00 feet; thencs S29` 07' 27 "W 568.00 feet; thence N83 °45' 00 'W 96.00 feet; thence S60' 50' 00 "W 122.00 feet; thence N30* 00' 00 "W 30.00 feet; thence N80' 21' i5 "167 258.02 feet; thence Salo 3O ' 040'+7 51000 feet; thence NO3' 00' 00 "W 37.00 feet ; thence N i 1 ° 00' 00" w' 98-00 feet; thence N43'221 15 "w' 296.18 feet; -- thence N55' 00' 00 "Ul 126.00 feet; thence N12° 50' 00 "w 322.00 feet; thence N39 50' 00 "W, 60.00 feet ; thence N64 °50130 "E 612.00 feet; thence. S59' 33' 30 "E 420.00 feet; thence N30' 26130"E 368.00 feet to the TRUE PO do, 0� SEGZI�TN?NG. EXCEPT any portion of said land which at any. time was tide lands, which was not formed by the deposit of alluvion from natural causes and by imperceptible decrees, Parcel contains 983,480 square feet (22.578 acres) more or less (net). D11457.34/SC -3- RESOL. NO. 91 -42 EXHIBIT "A" LONG POINT PARCEL. Al NO. 2 (continued) thence S69° 30' 00 "W 96.00 feet; thence S51° 31' 50 "W 503.62 feet; thence S40'20100 "W 252.00 feet; thence S31° 17' 00 "W 227.82 feet; thence S26' 00' 00 "Q 127.00 feet; thence S67' 00' 00 "W 84.00 feet; thence S58' 30' 00 "*4 205.00 feet; thence N29 °07' 27 "E 568.00 feet; thence N63 °01117 "W 119.00 feet; thence N04' 06 ' 4 5 " E 154.00 feet; thence N60' 34' 12" z 337.00 feet; thence NO3' 45' 45 "W 110.00 feet; thence S86.14' 15 "W 183 �00 feet; - thence lgS9.33' 30 "W 250.00 feet; thence S30' 26130"'.41 3 -68.00 feet; . thence N59' 33130"W 420.00 feet ; thence S64.50' 30 "W 612.00 feet; thence N39.50' 00 "W 75.00 feet; thence N48' 20' 00 "W 139100- feet ; thence N63' 12140"'W 142.16 feet; thence S89' 30' 00 "U' 113-.00 feet; thence S75' 50' 00„W 129.00 feet; thence NO* 20'00"'Q 140 - 00 feet ; thence N14'00 00 "E 252.00 feet; thence N07.10' 10" E 190.34 feet; thence N01' 45' 44 "E 514.51 feet to the southeasterly line of Paps Verdes Drive South (varies is width) as shown: on said Tract No. 30339; . thence northeasterly 644.74 feet along said southeasterly line of Palos Verdes D=ive South (varies in* wi.dth) as shown on said Tract No. 30-339 on a non.-tangent curve concave to the Northwest having a radius of 875.22 feet, a central angle of 420121270 and a chord bearing of N88'31'0-811r; thence continuing along said southeasterly line oz"' ?alos Verdes Drive South N67 ° 24' 55" z 884,94 feet ; thence S39° 31' 10" E 168.00 fact; thence N-67 ° 24' 55-" r 305.73 feet; ; „ne of Palos thence N39' 1.1' ? LO :� G POINT PARCELS PARCEL NO. 2 A psrcel of land located in the City of Rancho Palos Verdes, County of Los Angelos , State of California, described as follows: Co=encing ac the southeasterly terminus of that certain course in the northeasterly boundary of Lot 11 of Tract No. 30339, per Map recorded in Book 746 pages 85 to 88 inclusive of Maps, in the Office of she County Recorder of said County, as shown on said Tract No. 30339 as having a bearing and length of N17 ° 55' 54 "W 469.94 feet; thence along said certain course and along said northeszerly boundary, N17' 55' 54 "E 269.21 feet to the TRUE POINT OF BEGINNING, said true point being the intersection of a lire that is parallel to and with a distance of 200.07 feet southeasterly and measured at right angles from the southeasterly line of Palos Verdes Drive South (varies in width) as shou-n on said Tract No. 30339; thence along the northeasterly and southeasterly boundaries of Lot 11 of said Tract No. 30339 as follows, S17'55'54 11E 269.21 feet, S72'04' 06 "W 30.00 feet, and S17° 55' 54 "E 30.00 feet to the Northeast corner. of Parcel 2 as shown on Parcel Map No. 12715 filed in Book 131 pages 83 and 84 of ?arcel Maps, ir. the Office of the County Recorder of said county; thence along the northerly, westerly and southerly line of Parcel 2 as shown on said Parcel Map No. 12715 as follows, S72'04'06 "'4 91.33 feet, S17 ° 55154"E 156.97 feet, southeasterly 128.35 feet along a tangent curve concave -o the Southwest having a radius of 879.67 feet, a central angle of 8° 23'44" and a chord bearing of S13'44' 02 "E, S09.32' 10 "E 311.00 feet, and S83' 52' 39" 1 94.85 feet to the westerly prolongation of the northerly line of Lot 13 of said Tract No. 30339; thence along said prolongation N80' 27' 50 "E 30.00 feet to the North•.gest corner of Lot 13 of said Tract No. 30339; thence along the westerly boundary of Lot 13 of said Tract No. .0 as follows, S09° 32' 10 "E 45.00 feet, southeasterly 110.26 feet along a tangent curve co:�cave to the Northeast having a radius of 350.00 feet, a central angle of 18' 03' 00" and. a chord bearing of S18' 33' 40 "E, S27.35' 10 "TJ 132.82 feet, and S37.20' 05 "W 70.43 feet to the Northeast corner of the land described in the deed to the Los Angeles Counry Sanitation. District No. 5 of Los Angeles County, recorded December 9, 1965 as Instrument No. 3557 of official records of said county ; thence along the northerly and westerly lines of said deed as follows, N89'S8' 39 "�1 88.'! 1 feet, and SOO *01' 21 "W 50.00 feet to the rortzerly boundary of the land described in parcel A in the deed to Oceanarium Inc. , recorded May 140 1953 as 1rs trument No. 1559 of official records of said county, thence S89° 5S' 39 "E 50.00 feet along said Northerly boundary; thence S"'D 36' 45 "E 364.09 feet; - thence S13.10' 00 "W 76.00 feat; thence N30' 00' 00 "W 61.00 feet; thence S00' 30' 00" E 140.00 feet ; thence S81' 20 ; 00 "W 10.00 feet; thence N05' 26' 20 "W 207.64 feet; thence 570.30100 "W 67.00 feet; thence N38' 20' 00 "W 60.00 feet; thence N04.50' 00 "W 73.00 feet; . thence 290'00' 00 "W 87.00 feet; -5- RESOL. NO. 91 -42 EXHIBIT "A" LANG POINT PARCELS PARCEL 3 A parcel of land located in the City of Rancho Palos Verdes, County of Los Angeles, State of California, described as follows Commencing at the southeasterly terminus of that certain course in the northeasterly boundary of Lot 11 of Tract No. 30339, per Map recorded in Book 746 pages 95 to 88 inclusive of maps, in the Office of the County Recorder of said County, as shown on said Tract No. 30339 as having a bearing and length o of N17 55154"W 469,94 feet; thence along said certain course and along said northeasterly boundary, N17 °55' 54W 269.21 feet to the intersection of a line that is parallel to and with a distance of 200.07 feet southeasterly and measured at right angles from the southeasterly line of Palos Verdes Drive South (varies in width) as shown on said Tract No. 30339; thence 567024' 55 "W 436.85 feec along a line that is parallel to and-with a distance of 200.07 feet southeasterly and measured at right angles from the southeasterly sine of Palos Verdes Drive South (varies its width} as shown on said Tract No. 30339; thence 4.22035105."W, 200.07 feet to a point on the said southeasrerly line of Palos Verdes Drive South as shown on said Tract No. 30339; thence S67 °24' 55 "W 210.00 feet along said southeasterly lire of Palos Verdes Drive South to the TRUE POIN"'T OF R- EGIN"NINC 9 thence S39011'10"E 368 , 00 feet; thence S67 °24' 55 "W 305.73 feet; thence N39611' 10 "W 168.00 +- fee.. to the said southeasterly line of Palos Verdes Drive South as shown on said Tract No. 30339; thence N67 °24' 55 "E 305.73 feet along said sourheaste :ly line of Palos verdes Drive South to the TRUE POINT Or BEGINNING. MCM any portion of said land Vnich at any time was tide lands, rich was not formed by the deposit: of alluvion from natural causes and by imperceptible decrees. Parcel con :airs 49,222 square feet (1.130 acres) more or less ( ne Z.) . D11457.18/sc -6- EXHIBIT "B" LONG POINT DEVELOPMENT MASTER PLAN MITIGATION MONITORING PLAN Effective January 1, 1989 the California Environmental Quality Act was amended to incorporate Assembly Bill (AB) 3180 (Cortese), which requires public agencies to verify the completion of adopted mitigation measures. To implement AB 3180, Section 21081.6 was added to the Public Resources Code which states in part that a public agency must: .,.adopt a reporting or monitoring program for the changes to the project which were adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring Plan proposed for the Long Point Development Master Plan is g g presented below organized by environmental subject area. The Plan summarizes the impacts associated with the 1 ro'ect, the mitigation measures for the impact, the timing for this mitigation, p and p rocedures for monitoring the mitigation. The final Mitigation Monitoring Plan will be submitted to the Planning Commission of the City of Rancho Palos Verdes, along with the Final EIR and other findings, prior to the commission's action on the proposed project. GEOLOGY AND SOILS 1. I m act: Minor soil erosion and stability impacts, as well as fugitive dust during construction. Mitigation Measure: In order to stem the p ossible adverse impacts that could be caused by soil erosion during the construction phase of the project, the construction contractor will be required to control erosion p p 1 .. through the use of roper grading techniques such as contouring and sandbagging. Fugitive g p dust will be controlled through watering of the construction site during grading procedu res. Timin • These mitigation measures are to be implemented during the construction period. Monitoring: Compliance with the terms of the construction contract that pertain to the mitigation of these impacts will be monitored by the City of Rancho Palos Verdes, Building and Safety Department. 2. I m act: General Southern California seismic risk during both construction and operation. 1 RESOL. NO. 91-42 - EXHIBIT "B" Mitigation Measure: To avert or minimize the possible adverse impacts which could be caused by an earthquake durin g construction, construction crews should be trained in earthquake safety procedures. Structural designs for the site will incorporate current seismic standards to minimize the likelihood of structural failure in the event of an earthquake. The specific structural designs measures to be incorporated into the project are discussed in the California Uniform Building Code Seismic Safety Standards Guidelines. All structures will be designed in, accordance with these guidelines, and the designs must be approved by a state - licensed structural engineer. Timin • These mitigation measures will be applied during project design and construction. Monitoring: Compliance with these mitigation measures will be monitored by the City of Rancho Palos Verdes, Building and Safety Department. 3. lm act: In the long term, the project could potentially be affected by landward erosion of the sea cliff. Two existing buildings, constructed prior to the establishment of the coastal setback, extend beyond the setback line. Given the average erosion rate for the area, it is possible that these Y structures may be affected by the landward erosion of the sea cliff. Mitigation Measure: Possible long term damage to the new structures which could result from the landward erosion of the sea cliff will be mitigated through the use of an appropriate setback from the existing cliff. Existing structures that extend beyond the coastal setback will not be significantly enlarged. Timin • This mitigation will be implemented during the design and construction phase of the project. Monitoring These mitigation measures will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. 4. Impact,., Several sites of potential minor soil contamination may exist at the site. These sites could be disturbed by certain construction activities such as grading= and site preparation. 2 Mitigation Measure: In the event that any site proves to be contaminated, the city will be notified immediately, and the soil will be analyzed as to composition, classified appropriately, and disposed of in an approved site, in accordance with local and state hazardous waste regulations. Timin This mitigation measure will be implemented during the construction phase of the project. Monitorina: This mitigation measure will be monitored by the City of Rancho Palos Verdes, Building and Safety Department. . HYDROLOGY 1. I m act: There may be a slight increase in soil erosion during the construction period. Mitigation Measure: In order to minimize the possible impacts of increased erosion during construction of the project, contractors will be required to control increased erosion where it occurs through the use of standard grading practices designed to mitigate such problems. Specific erosion control measures, grading techniques, and drainage plans for the project will be dictated by the characteristics of the site. These plans will be developed by the project proponent as part of the building permit process. In general, grading -techniques designed to reduce erosion include such measures as terracing /contouring, compaction, sandbagging, and prompt revegetation of critical areas. Timin • This mitigation measure will be implemented during both the design and construction phase of the project. Monitorina: This mitigation measure will be monitored by the City of Rancho Palos Verdes, Building and Safety Department. 2. Impact: Irrigation of the proposed golf course and other open space /landscaped areas may result in additional runoff, which could in turn lead to soil erosion. 3 RESOL. NO. 91 -42 EXHIBIT 'B" Mitiaation Measure: Surface runoff and soil erosion which may occur as a result of the irrigation of the proposed golf course will be mitigated through proper grading and contouring of the site, and through the construction of swales and natural bench drains that will convey runoff to the proposed lake. In addition, runoff may also be reduced through the development of an irrigation program and through the use of drought tolerant vegetation in landscaping. Timin , This mitigation measure will be implemented during the design and construction phase of the project. Monitoring: This mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. AIR QUALITY 1. Impact: During construction, pollutant emissions would result from the operation of construction equipment and from travel to and from the site by workers. In addition, construction activities will liberate fugitive dust into the air in the vicinity of the project. Mitigation Measure: The construction contractor will be required- to comply with South Coast Air Quality Management District Rule 403 which governs the treatment of fugitive dust during construction activities. This rule requires contractors to water down a construction area thoroughly to reduce the escape of dust. If feasible, the water used to control fugitive dust will not be taken from primary potable water sources. Instead the developer will explore other options, such as using reclaimed, dewatering well or "greyp water to control dust on the site during construction, subject to approval by the City and the Los Angeles County Health Department. If necessary, dust emissions will be further reduced by restricting. equipment to dust - controlled routes and by restricting the speed of on -site vehicles. A maximum speed limit of 1 -0 miles per hour should be observed. Timin • This mitigation measure will be implemented, during the construction period. Monitoring: This mitigation measure will be monitored by the City of Rancho Palos Verdes, Department of Public Works. 4 2. I m act: During project operation there will be significant air emissions associated with on -site stationary sources and with mobile sources such as employee and patron vehicles. Mitigation Measure: Because the proposed project will be considered a major employer, it will be subject to South Coast Air Quality Management District (SCAQMD) Regulation XV. Regulation XV prescribes actions that must betaken by employers of 100 or more people to promote carpooling and other forms of ridesharing. The project proponent will be required to submit a plan to the SCAQMD specifying measures that will be taken to increase automobile occupancy. Some of the measures which could be used to promote higher automobile occupancy are: o direct financial incentives for ridesharing; o establishing ridesharing programs; o subsidizing parking for ridesharing employees; o providing company -owned vanpool vehicles; o preferential parking for rideshare vehicles; o facility improvements to encourage the use of bicycles; o active use of computerized ridesharing matching services; and o flexible working hours and compressed work weeks. Mitigation measures for emissions generated by patron vehicles include providing convenient access to the facility by means of public transportation, scheduling special events so as not to coincide with peak traffic periods and designing the roadways on the site to provide the best possible circulation. If the City develops a program to implement the requirements of Proposition 111, such as a congestion management plan or a trip reduction ordinance, prior to the issuance of a certificate of occupancy for the main core hotel, the applicant or its successor in interest will contribute its p y proportionate share of the cost of the implementing program. The City or responsible agency will determine the amount of the proportionate share by conducting the necessary studies. Timin • This mitigation measure will be implemented during the design, construction, and operational phases of the project. Monitoring: This mitigation measure will be monitored by SCAQMD in conjunction with the City of Rancho Palos Verdes, Environmental Services Department. 5 RESOL. NO. 91 -42 EXHIBIT "B" VEGETATION AND WILDLIFE 1. 1 m act: Increased soil erosion during the construction period may reduce transmittance and increase turbidity in waters directly adjacent to the project site. Mitigation Measure: See Soils and Geology impact number 1 which deals with the control of erosion on site. 2. Impact: Removal of existing significant irreplaceable species of exotic vegetation found at the site during:. either the construction or operation of the proposed project could result in the loss of a valuable resource opportunity. Mitigation Measure: In order to ensure the survival of the significant exotic vegetation which was planted as part of the Marineland facility, specific plant retention measures have been developed by Sedway Cooke Associates and have been incorporated into the plans for the overall development at the project site. Vegetation identified as being of significant value in its present location will remain in place. These plants will be protected during construction activities through the use of such measures as fencing and sediment control barriers. These plants will be incorporated into the landscaping of the project. Those species identified as significant species that may be relocated will be removed and stored during construction activities to be incorporated into the landscape of the final facility or may be sold for use elsewhere. Timin This mitigation measure will be implemented during, both the project design and construction. Monitoring.: This mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. 3. Impact. The proposed public coastal access to the shoreline of the property (as required by the California Coastal Zone Act of 1976), may disrupt the resident sea lion population and may disrupt existing. tidepools. 0 Mitigation Measure: In order to encourage the California sea lions to continue using Sea Lion Point, the property owner will be required to post signs that will warn the public to stay at least 300 feet away from the sea lion habitat to ensure minimal disturbance to the sea lion population. The property owner should contact the National Marine Fisheries Service for more information. Tidepools are protected by existing laws. Monitorina: This mitigation measure will be monitored by the City of Palos Verdes Environmental Services Department. NOISE AND VIBRATION 1. I m act. There may be temporary construction noise increases for sensitive receptors near the project site. Mitigation Measure: In order to reduce possible construction noise impacts, the following mitigation measures will be implemented by the construction contractor: o Using the quietest equipment possible, such as ensuring that all diesel- powered construction equipment has effective mufflers, and substituting electric for diesel - powered equipment and hydraulic for pneumatic equipment where possible; o Locatin ' nois construction equipment as far as possible from noise- sensitive locations and limiting equipment idling on site; o Installing temporary noise barriers between noise- sensitive receptors and particularly noisy or close construction operations; ® Routing construction - related truck traffic away from residential areas as much as possible. Ti min • These mitigation measures will be implemented during the construction phase of the project. Monitoring: The implementation of these mitigation measures will be monitored by the City of Rancho Palos Verdes, Department of Public Works. 7 RESOL. NO. 91 -42 EXHIBIT "B" 2. I m act: Noise associated with heliport operations. Mitigation Measure: In order to reduce the potential noise impacts that may be associated with heliport operations, only flight ht paths to the west over the ocean will be used and no flights will be scheduled between 10 P.M. and 7 A.M. Timing• This mitigation measure will be implemented during project construction and operation. Monitoring: This mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. 3. I m act: Traffic associated with project operation may increase noise levels in the area. Mitigation Measure: The P roject proponent will restrict heavy truck deliveries to the hours of 7:0o A.M. to 7:00 P.M. Timin • This mitigation measure will be implemented during project operation. Monitoring: The implementation of this mitigation measure will be monitored by Environmental Services Department. 4. Impact. There may be some impacts to noise levels associated with the operation of the proposed development including heating, ventilation, air conditioning, and plumbing systems. Miticiation Measure: Noise from on -site mechanical equipment will not exceed 40 dBA at the site boundaries. 8 Timing• This mitigation measure will be implemented during project operation. Monitorina: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. LIGHT AND GLARE 1. Impact: Lighting of the facility during the night may increase ambient light levels. Mitigation Measure: The project will include landscaping and other natural shielding. Timis • This mitigation measure will be implemented during project design and operation. Monitoring: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. 2. l m act: There may be increased glare from surface parking lots and other exterior lighting. Mitigation Measure: The project proponent will develop a lighting plan that will ensure correct spacing and direction of lighting. Timis • This mitigation measure will be implemented during project design and construction. k Monitoring: The implementation of this mitigation measure will be monitored by the City of Rancho Palos p g Verdes, Environmental Services Department. 9 RESOL. NO. 91 -42 EXHIBIT "B" LAND USE There are no impacts anticipated; the proposed project conforms to prescribed zoning. POPULATION AND HOUSING 1. 1 m act: The employment opportunities generated by the operation of the project may increase the demand for affordable housing within the area. Mitigation Measure: The project will comply with the Housing Element of the General Plan as applicable. Timin This mitigation measure will be implemented during project operation. Monitoring: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. TRANSPORTATION AND CIRCULATION 1. I m The traffic generated by the operation of the proposed project could have a significant impact at 3 of 8 study intersections. Mitigation Measure: In order to mitigate the expected traffic impacts, the project proponent will be required to provide a number of street improvements. Dual left turn lanes will be provided on Hawthorne Boulevard at the intersection of Hawthorne Boulevard /Palos Verdes Drive West. Two through lanes, a g through right lane and a left turn lane northbound to Hawthorne Boulevard will be provided at the Palos Verdes Drive North /Hawthorne Boulevard intersection. On Palos Verdes Drive North westbound, two through lanes, dual left turn lanes and a through right lane will be provided. At the intersection of Palos Verdes Drive North and Palos Verdes Drive West, the existing stop sign will be relocated and the stop sin control for eastbound and westbound traffic flow will be removed. [Note: Agreement by adjacent jurisdicitons is required for implementation of these mitigation measures.] Timin • These mitigation measures will be implemented during project construction and operation. 10 Monitoring: The implementation of these mitigation measures will be monitored by the City of Rancho Palos Verdes, Public Works Department. PUBLIC SERVICES AND UTILITIES 1. I m act: There may be a need for additional law enforcement and fire personnel and equipment as a result of the operation of the proposed project. Mitigation Measure: The project proponent will supply on -site security and comply with all codes and ordinances pertaining to fire safety. Taxes and fees generated by the project may be used to finance additional manpower or equipment if it is required. Timing: This mitigation measure will be implemented during project operation. Monitoring: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. 2. Impact. There will be an increase in water and energy consumption and wastewater and solid waste generation as a result of the operation of the proposed project. Mitigation Measure: Water and energy conservation measures will be incorporated into the project. The project proponent will implement an on -site waste recycling program consistent with the City's adopted Source Reduction and Recycling Element (SRRE). The project will include water conserving fixtures and will comply with all applicable state and local regulations, laws, and codes. If feasible, the project proponent will implement an on -site waste water recycling program. Timin These mitigation measures will be implemented during project design, construction, and operation. 11 RESOL. NO. 91 -42 EXHIBIT "B" Monitoring: The implementation of these mitigation measures will be monitored by the City of Rancho Palos Verdes, Building Department and Environmental Services Department. ENERGY 1. Impact: Ener gy resources will be consumed during project construction and operation. In addition, there sill be an increased use of gasoline by both employees and patrons. M tiaation Measure: In order to reduce energy resource consumption during the construction phase, construction contractors will be required to maintain construction vehicles in good working.. order and construction equipment will not be Left idling_. In an effort to reduce energy consumption during the operational phase, State of California Building Energy Efficiency Standards Titles 20 and 24 p of the California Code of Regulations will be implemented. In order to reduce gasoline consumption, a ride - sharing program for employees as outlined in SCAQM D Regulation XV will be implemented. Timing• These mitigation measures will be implemented during the construction and- operation phases of the project. Monitoring:: These mitigation- measures will be monitored by the SCAQMD in conjunction with the City of Rancho Palos Verdes, Building and Safety Department and Environmental Services Department. AESTHETICS 1. I m act: New visual elements will be introduced to the Peninsula replacing the Marineland structures. Mitigation Measure: The mitigation measures for visual impacts are found in the General Plan and the Coastal Specific Plan for the City of Rancho Palos Verdes. The protect proponent will comply with aN applicable requirements within these documents. 12 Timin • This mitigation measure will be implemented during the design and construction phase of the proposed project. Monitoring: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. RECREATION 1. Impact. Construction activities and dust may temporarily disrupt the use of the pedestrian coastal access on the eastern margin of the property. Mitigation: The site will be watered to control fugitive dust during the construction period. Pedestrian access will be restored as soon as possible. Timin • This mitigation measure will be implemented during project construction. Monitorina: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department and Recreation and Parks Department. 2. Impact: Operation of the proposed project may increase usage of existing recreational facilities within the City of Rancho Palos Verdes. Mitiaation Measure: Increased recreational opportunities at the site should offset increased use of public facilities. Timin • The increased recreational opportunities will be available upon completion of the project. Monitoring: Requires no monitoring. 13 RESOL. NO. 91 -42 EXHIBIT "B" CULTURAL RESOURCES 1. I m act: There is a slight possibility of encountering archaeologic or paleontologic resources during construction activities. Mitigation Measure: A certified archaeologist or paleontologist will be consulted if any unanticipated archeological or paleontological ical remains are encountered during the construction period. Timin • This mitigation measure will be implemented during,. the construction period. Monitoring: The implementation of this mitigation measure will be monitored by the City of Rancho Palos Verdes, Environmental Services Department. ECONOMY No adverse impacts are anticipated. 14 EXHIBIT "C" CITY OF RANCHO PALOS VERDES LONG POINT DEVELOPMENT MASTER PLAN FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS April, 1991 INTRODUCTION Section 21081 of the California Public Resources Code and Section 15091 of the California Environmental Quality Act (CEQA) Guidelines require that a public agency, prior to approving a project, identify significant impacts of the project and make one or more written findings for each of the significant impacts. The findings reported in the following pages incorporate the facts and discussions of environmental impacts that are found in the Final Environmental Impact Report for the Long Point Development Master Plan as fully set forth therein. This Findings and Statement of Overriding Considerations document is divided into four major sections. The Introduction provides background information as to the purpose of the document. The Findings Reaardino Environmental Effects presents the effects associated with the proposed project. The Evaluation of Alternatives provides a brief discussion of the proposed alternatives to the project. Finally, the Statement of Overriding Considerations is provided for those adverse that- cannot be avoided, even -with the proposed mitigation measures.--.---- - -- -- For each of the impacts associated with the project, the following sections are provided: o Description of Effects - A specific description of the environmental impact identified in the FEIR. The FEIR consists of the originally issued DER (Summary, Chapters 1-4 and Appendices 1 -6), and the following specific FEIR materials: Revised Summary, Comments and Responses, and Corrections. o Proposed Mitigation . - Identified mitigation measures or actions that are proposed for implementation as part of the project. o Findin - Pursuant to Section 21081 of the CEQA Guidelines, the finding is made in two parts. In the first part, a judgement is made regarding the significance of the impact or effect. In the second part, pertaining only to impacts found to be significant, one of three specific findings is made, in direct response to CEQA Guidelines Section 15091. o Rationale - A summary of the reasons for the decision. o Reference - A notation on the specific section in the FEIR which includes the evidence and discussion of the identified impact. Effective January 1, 1989, the California Environmental Quality Act was amended to add Section 21081.6, implementing Assembly Bill 3180. This amendment requires public agencies to adopt a monitoring and reporting program for assessing and ensuring the efficacy of proposed mitigation measures. This Mitigation Monitoring Plan for the Long Point Development Master Plan is a separate document for adoption together with the Findings and Statement of Overriding Considerations. This. Mitigation Monitoring Plan relates directly to those mitigation measures that are identified within the Findings and Statement of Overriding Considerations. RESOL. NO. 91 -42 EXHIBIT "C" 11. FINDINGS REGARDING ENVIRONMENTAL EFFECTS SOILS AND GEOLOGY 1) Description of Effects There is a potential for minor soil erosion and soil stability impacts as well as fugitive dust during the construction period. During both the construction and operational phases, the project may subject people to ground shaking and other dangers associated with possible earthquakes. Landward erosion of the sea cliff may cause a threat to existing and planned structures. The potential exists for encountering contaminated soil during the construction period. 2) Proposed Mitigation The potential for localized- erosion during construction will be mitigated through construction specifications. Strict adherence to building codes relating to seismic safety will reduce the risk of hazard from local seismic events. Compliance with established coastal, setbacks will reduce the risk of landward- erosion to new structures and existing structures will not be substantially enlarged. If contaminated soils are encountered during the construction period, the city will be notified promptly and the soil will be analyzed and disposed of in accordance with state and local guidelines. 3} Findings The impacts are found to be: ()OC) Significant ()Nat significant For those impacts found to be significant the following additional finding is made: Changes or alterations have been incorporated into the project that avoid or substantially lessen the effect. O The lead agency lacks the jurisdiction to make the changes but another agency does have such authority. (} Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives. 4) Rationale for Finding The effects that are expected regarding soils and geology are not unusual for the Southern California area. Standard practices have been developed and have been found, to be effective in reducing these risks to acceptable levels. 5) Reference For a full discussion of the potential impacts to soils and geology see Chapter 2, Section B of the FEI R for the proposed project. HYDROLOGY 1) Description of Effects Construction operations may result in atemporary increase in hydraulic erosion. Irrigation of the proposed golf course and landscaping may increase surface water runoff. 2) Proposed Mitigation Construction contractors will be required to employ proper grading techniques designed to minimize hydraulic soil erosion and will be required to promptly revegetate bare surfaces. Golf course and landscaping features of the proposed project will be designed to reduce runoff. 3) Findings The impacts are found to be: ()Significant ()OC) Not significant 4) Rationale for Finding Proposed mitigation measures will reduce the potential impacts to a level of insignificance. 5) Reference For a full discussion ' of potential impacts to hydrology see Chapter 2, Section C of the FEI R for the proposed project. AIR QUALITY .2- 1) Description of Effects There will be minor amounts of increased pollutants and fugitive dust during the construction period. There will be increased pollutant emissions in the region, as a result of both stationary and mobile sources such as employee and patron vehicles, produced by the project's daily operation. 2) Proposed Mitigation The proposed project will be constructed to adhere to SCAQMD Rule 403 regarding dust control. The project will be constructed using practices such as frequently tuned vehicle engines and 3 RESOL, NO. 91 -42 EXHIBIT "C" equipment to reduce construction related emissions as much as possilbe. The* project proponent will adhere to South Coast Air Quality Management District (SCAQMD) Regulation XV which prescribes actions that must be taken by employers of 100 or more people to promote carpooling and other forms of ridesharing. A plan will be submitted by the project proponent to the SCAQMD specifying the specific measures that will be undertaken to increase automobile occupancy. 3) Findings The impacts are found to be: (XX) Significant ()Nat significant For those impacts found to be significant the following additional- finding is made: (XX) Changes or alterations have been incorporated into the project that avoid or substantially lessen the eff ect. (XX) The lead agency lacks the jurisdiction to make the changes but another agency does have such authority. Such changes should be adopted by such other agency. (} Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives. 4) Rationale for Finding The proposed project would contribute to an. increase in regional emissions. The project proponent will be required to comply with SCAQMD Regulation XV which will serve to reduce increased- emissions. However, taking into account the emissions likely to be produced by the proposed project, and considering the effects of potential mitigation measures, the proposed would likely still result in a residual significant adverse impact on air quality. Any level of emissions production in the South Coast Air Basin must be considered adverse because it Iiinders the achievement of clean air. 5) Reference For a full discussion of the potential impacts to air quality, see Chap -ter 2-, Section D of the FEIR for this project. VEGETATION AND WILDLIFE 1) Description of Effects Removal or disturbance of existing significant irreplaceable exotic landscaping found at the site during either construction or operation of the proposed project could result in the Foss of a valuable resource opportunity. Historically, a portion of the site has been inhabited by California 4 sea lions. The newly established public access to the shoreline of the property (as required by the California Coastal Zone Act of 1976), may disrupt the seal lion population. During the public comment period, the presence of a notable native plant species, D dleva Virens, was discovered. Dudleva Virens is found in abundance both on the project site bluffs and in other areas on the Palos Verdes Peninsula. The presence of the proposed project was found to not have an adverse effect on this plant species, assuming that reasonable precautions are exercised. 2) Proposed Mitigation Valuable /significant species will be protected and preserved and existing vegetation will be used where possible. If the sea lion population does return to the site, the project proponent will be required to post signs warning the public to stay at least 300 feet from the sea lions. The project proponent may wish to contact the National Marine Fisheries Service for more information. Project drainage and surface runoff will be directed away from the bluff habitat areas of the Dudleva Virens through appropriate design provisions. 3) Findings The impacts are found to be: ()OC) Significant () Not significant For those impacts found to be significant the following additional finding is made: ()OC) Changes or alterations have been incorporated into the project that avoid or substantially lessen the effect. () The lead agency lacks the jurisdiction to make the changes but another agency does have such authority. () Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives. 4) Rationale for Finding The ,protection and preservation of existing exotic landscape vegetation at the site will serve to reduce the potential adverse impacts to an acceptable level. To protect the habitat of the California sea lions, the posting of signs by the project proponent should reduce the level of disturbance to an acceptable level. Directing project-related drainage away from areas containing Dudleva Virens has been determined to be adequate protection for this plant species. 5) Reference For a full discussion of potential impacts to vegetation and wildlife see Chapter 2, Section E of the FEI R for the proposed project. For a discussion of D_ udleya Virens, see the FEI R, Responses to Comments. 5 RESOL. NO. 91 -42 EXHIBIT "C" NOISE 1) Description of Effects • noise for sensitive receptors near the site during the There �s a potential for increased P . • addition heliport o erations, operational traffic, and noise associated construction period. In � P P w ith operation of the proposed development may increase noise levels to areas directly adjacent to the site. 2) Proposed Mitigation r will use low - noise generating equipment and noise barriers where appropriate. The contractor 9 Truck traffic will be routed away from sensitive receptors. Heliport operations will be restricted- to the hours between 7:00 A.M. and 7:00 P.M. and only flight paths to the west over the ocean will be used. Traffic management measures will limit heavy truck deliveries to the hours between 7.• 00 A.M. and 7:00 P.M.. Mechanical equipment noise will be limited to 40 dBA at the sate. 3) Finding The impacts are found to be: OSignificant OOC) Not significant 4) Rationale for Finding ' ' measures proposed serve to mitigate the potential impacts to- a level of The mitigation ineas 1� p . g insignificance. 5) Reference For a full discuss ion of the p P potential impacts to noise see Chapter 2, Section F of the FEI R for the proposed project. LIGHT AND GLARE 1} Description of Effects • facility increase vambient light levels. There is the potential for irghting of the fac�f�ty at night may g increased g lare form surface parking lots and other exterior lighting. 2) Proposed Mitigation The project w p 9 ill include' landscaping in and other natural shielding that will serve to reduce the potential increase in ambient light levels. A lighting plan will be -developed that wilt ensure correct spacing and direction of lighting to reduce potential glare. Ne 3) Finding The impacts are found to be: () Significant (XX) Not significant 4) Rationale for Finding The mitigation measures proposed serve to reduce the potential impacts to a level of insignificance. 5) Reference For a full discussion of the potential impacts to light and glare see Chapter 2, Section G of the FEIR for the proposed project. LAND USE 1) Description of Effects No impacts identified in this area. The proposed project conforms to prescribed zoning and is compatible with surrounding land uses. POPULATION AND HOUSING 1) Description of Effects Employment generated by the proposed project may serve to increase the demand for affordable housing in the area. 2) Proposed Mitigation The project will be required to comply with the Housing Element of the General Plan for the City of Rancho Palos Verdes as applicable. 3) Finding The impacts are found to be: O Significant OOC) Not significant 4) Rationale for Finding The proposed mitigation measures serve to reduce the potential impact to a level of insignificance. 7 RESOL. NO. 91 -42 EXHIBIT "C" 5) Reference For a complete discussion of potential impacts to population and housing see Chapter 2, Section of the FEIR for the proposed project. TRANSPORTATION AND CIRCULATION 1) Description of Effects Traffic generated by the proposed project could have a significant impact at three of eight study intersections. In addition, as a result of public comment, an additional intersection was analyzed 25th Street and Western Avenue) and it was found that project traffic would result in significant impacts at this intersection. 2) Proposed Mitigation The project proponent will provide for traffic improvements which will serve to mitigate the traffic impacts. These improvements include the following: o Dual left turn lanes on Hawthorne Boulevard at the intersection of Hawthorne Boulevard and Palos Verdes Drive West. o. Two through lanes, a through right lane and a left turn lane northbound on Hawthorne Boulevard at the Palos Verdes Drive North /Hawthorne Boulevard intersection. o Westbound on Palos Verdes Drive North, two through lanes, dual Left turn lanes and a through right lane. o At the intersection of Palos Verdes Drive North and Palos Verdes Drive West, relocation of the existing stop sign. control and the removal of the existing stop sign control for eastbound and westbound traffic. In addition, a push button signal will be provided to ensure pedestrian right -of -way. o Require the installation of a second southbound right turn lane on Western Avenue and a second left turn lane on 25th Street. 3) Findings The impacts are found to be: (XX) Significant O Not significant For those impacts found to be significant the following additional finding is made: ()OC) Changes or alterations have been incorporated into the project that avoid or substantially lessen the erect. ()00 The lead agency lacks the jurisdiction to make the changes but another agency does have such authority. Such changes should be adopted by such other agency. (} Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives. 4) Rationale for Finding The proposed project is expected to result in a significant traffic impact on four intersections identified for traffic impact analysis; however, implementation of the traffic mitigation improvements should mitigate project traffic impacts to an acceptable level. Adjacent jurisdictions are recommended to accept the proposed mitigation measures. 5) Reference For a complete discussion of potential traffic impacts see Chapter 2, Section J of the FEIR for the proposed project. For a discussion of the 25th Street /Western Avenue intersection, see the FEIR, Responses to Comments. PUBLIC SERVICES AND UTILITIES 1) Description of Effects There may be a need for additional law enforcement and fire fighting personnel and equipment as a result of the operation of the proposed project. There will be an increase in water and energy consumption as well as an increase in the generation of wastewater and solid waste as : a result of the operation of the proposed project. 2) Proposed Mitigation The project proponent will provide on -site security and will comply with all codes and ordinances pertaining to fire safety. Taxes and fees generated by the operation of the proposed facility could be used to finance additional manpower and equipment if necessary. Water and energy conservation measures will be incorporated into the project. The project proponent will institute an on -site recycling program for solid waste materials. The project will include water conserving fixtures in adherence with state laws. 3) Findings The impacts are found to be: {) Significant ()OC) Not significant 9 RESOL. NO. 91 -42 EXHIBIT "C" 4) Rationale for Finding The proposed mitigation measures serve to reduce the potential impacts to a level of insignificance. 5) Reference For a full discussion of potential impacts to public services and utilities see Chapter 2, Section K of the FEIR for the proposed project. ENERGY 1) Description of Effects There will be an increase in the use of various energy resources during both the construction and operation of the proposed facility. 2) Proposed Mitigation The construction contractor will maintain construction vehicles in good working order and will not leave equipment idling unnecessarily. The State of California Building Energy Efficiency Standards Titles 20 and 24 of the California Code of Regulations will be implemented to reduce energy consumption during project operations. The use of additional gasoline by employee vehicles will be mitigated through the implementation of SCAQMD Regulation XV. 3} Finding The impacts are found to be: ()Significant Q00 Not significant 4) Rationale for Finding The implementation of the proposed mitigation measures will reduce the potential impacts to a level _of insignificance. 5} Reference For a complete discussion of potential impacts to energy resources see Chapter 2, Section L of the FEIR for the proposed project. 10 AESTHETICS 1) Description of Effects New visual elements will be introduced to the Peninsula by the proposed facility. 2) Proposed Mitigation Coastal view restrictions will be incorporated into the design of the project. 3) Finding The impacts are found to be: OSignificant (OC} Not significant 4) Rationale for Finding Implementation of the proposed mitigation measures will reduce the potential impacts to a level of insignificance. 5) Reference For a complete discussion of potential impacts to aesthetics see Chapter 2, Section M of the FEIR for the proposed project. RECREATION 1) Description of Effects Full access to the shoreline (as required under the California Coastal Zone Act of 1976) may serve to disrupt the California sea lion population at the project site. 2) Proposed Mitigation The project proponent will be required to post sign warning the public to stay at least 300 feet from the sea lion population and their habitat. 3) Findings The impacts are found to be: (XX) Significant O Not significant RESOL. NO. 91 -42 EXHIBIT "C" For those impacts found to be significant the following additional finding is made: Changes or alterations have been incorporated into the project that � 9 avoid or substantially lessen the effect. C) The lead agency lacks the jurisdiction to make the changes but another agency does have such authority. Specific economic social or other considerations make infeasible C) Sp�ec� c , mitigation- measures or project alternatives. 4) Rationale for Finding Historically, portion of the site has been inhabited by California sea lions. In order to y' p onent will be re encourage the population to return to the site, the project prop wired to q the re-scribed mitigation measure. Implementation of the mitigation measure should implement p 9 serve to reduce the potential impact to an acceptable level. 5) Reference full discussion of potential impacts to recreation, see Chapter 2, Section N of the FE[R for For a u p p the proposed project. CULTURAL RESOURCES 1) Description of Effects I i or paleontologic resources may be encountered during the construction period. Archeo og c p g Y 2) Proposed Mitigation A certified archeologist and/or paleontologist will be consulted if any unanticipated archaeologic or paleontologic is remains are encountered during construction activities. Construction activities and, grading will be monitored to determine the presence of archaeological such as excavation g 9 or paleontological resources. 3} Finding The impacts are found to be: ()Significant 4) Rationale for Finding (XX) Not significant • mitigation re will reduce the potential impact to a level Implementation of the proposed m�t�gat�on measu p of insignificance. 12 ECONOMY 1) Description of Effects Beneficial effects have been identified in this area. 1111. EVALUATION OF ALTERNATIVES A. The Selected Alternative Of the six alternatives presented in Chapter 4 of Environmental Impact Report No. 29, the City of Rancho Palos Verdes selected Alternative B, a reduced density scenario. However, rather than reduce the number of hotel rooms by thirty percent, with the ancillary uses remaining as originally described, the size of the hotel and most of the ancillary uses would be reduced by twenty -five percent, while the spa /fitness center would be reduced by fifty percent. The reduced density alternative was selected over the proposed 495 room hotel project, since the smaller hotel would still provide visitor serving uses in the coastal area, increase public recreation amenities and access to the coastline, increase employment opportunities in the City and remove the negative visual aesthetic of the property in its current condition, while further reducing the environmental impacts associated with the larger project, particularly air quality and traffic impacts. Be Alternative A Alternative A, the no project alternative, was identified in the EIR as the environmentally superior alternative, since it resulted in the least amount of environmental impacts. However, the City rejected this alternative as infeasible, as defined in CEQA Section 15364, since it would not further the goals of the Coastal Specific Plan to provide visitor serving uses in the coastal area, public recreational amenities and public access to the coastline. In addition, the no project alternative. would not remove the negative visual aesthetic that currently exists on the site. C. Alternative C Alternative C, the hotel with residential, was also rejected by the City. Implementation of Alternative C would not be environmentally superior to the proposed project becasue it would not reduce the traffic and air quality impacts associated with the 495 room hotel, and further, the replacement of the nine hole golf course with 45 single family residential units would decrease public recreational amenities on the site. D. Alternative D Alternative D the marine research facility, would substantially reduce the impacts associated with traffic and was identified in the EIR as the environmentally superior alternative after the no project alternative. However, the City ej Y j ected the marine research facility as infeasible, as defined in CEQA Section 15364, due to the fact that it is an institutional use and would not fulfill General 13 RESOL. NO. 91 -42 EXHIBIT "C" Plan and Coastal Specific Plan goals of providing visitor serving uses, public recreational facilities, and public access to the coastline. In addition, a use of this type would not provide the level of public amenities that could be provided by a hotel development. E. Alternative E Alternative E, an alternative site located in Subregion 1, was rejected since the development of a hotel on this site could result in greater significant environmental impacts to hydrology, visual corridors and terrestrial wildlife than the proposed site. In addition, more infrastructure to support to hotel development would be required on this site. A General Plan and Co -astal Specific Plan amendment, as well as a zone change, would also be required to change the land use designation from single family residential to commercial /recreational. F. Alternative F Alternative F, an alternative site in subregion 7, was rejected since the development of a hotel in this area of the City ould result in greater significant environmental impacts to geology, • y h hydrology, view corridors, traffic �n nearby intersections and archeological resources than the Y proposed site. In addition, the construction of more infrastructure to support the hotel development would be required on this site, and a General Plan and Coastal Specific Plan amendment, as well as a zone change, would be required to change the land use designation from single family residential to commercial /recreational. IV. STATEMENT OF OVERRIDING_ CONSIDERATIONS The Planning Commission of the City of Rancho Palos Verdes finds that the mitigation measures discussed in the Environmental Impact Deport will, when implemented, mitigate or substantially reduce all but one of the significant effects identified- in the Final Environmental Impact Report. Only he air quality effects of the project are found to be unavoidable even after incorporation of Y Q Y all feasible mitigation measures. However, some mitigation measures proposed -in the Air Quality and Transportation and Circulation section of the document well require implementation by another jurisdiction. The Planning Commission has balanced the benefits of the project against these effects in approving the proposed project. In this regard., the Planning Commission hereby finds that all feasible mitigation measures identified in the Final Environmental Impact Report, which are summarized in the Impact Summary of the document, have been and will be implemented- e with the project and that any significant unavoidable effects remaining are acceptable due to the following specific reasons: o The ro � osed project would provide visitor serving uses in the coastal area, a stated goal P P P 1 of the City's General Plan and Coastal specific Plan. o The ro osed project would; increase public recreational opportunities; and provide P P additional coastal- access. 14 o Although the proposed hotel project would have generated additional traffic in the City, the approved project, with conditions to reduce the room count and the associated commercial square footage, will reduce those impacts and may reduce the trip lengths for local residents seeking the types of amenities provided by the project. o The development of the site would increase employment opportunities, thereby increasing the jobs /housing balance in the City and would remove the negative visual aesthetic of . the property in its current condition. 15 RESOL. NO. 91 -42 EXHIBIT "C"