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CC RES 1989-034RESOLUTION NO* 89-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH THE APPROVAL OF CONDITIONAL USE PERMIT NO* 131, VARIANCE NO,* 182 AND GRADING PERMIT NO* 1066* THE CITY.COUNCIL OF THE CITY OF.RANCHO, PALOS VERDES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOW* Section 1,: An application was filed by the Marriott Corporation with respect to the real property described in Exhibit "A" hereto requesting the approval of a Conditional Use Permit, Variance and Grading permit to permit a retirement community consisting of a 250-unit independent living facility, a 100-bed health care facility and a community center on 34 acres bounded by Indian Peak Road on the north, Crenshaw Boulevard on the east, Crestr ' idge Road on the south, and an existing religious facility on the west. Public hearings were duly held by the Planning Commission on July 12, August 23, October 25, November 9, 1988 and January 11 and January 24, 1989.. .Section 2: The Planning Commission reviewed and considered the Final Environmental- Impact Report ("FEIR"), certified that it was in compliance with the California Envirornuental Quality Act and adopted environmental findings on January 24, 1989, including a statement of overriding considerations, as set forth in Planning Commission Resolution No. 89-6, and approved the application, subject,to.conditions, as set forth in Planning Commission Resolution No. 89-7. Section 3: The approval of the project.development applications and certification of the FEIR by the Planning Commission was appealed on February 9, 1989 and ,a public hearing was held thereon by.the City. Council.on March 21, 1989. The public hearing was closed on March 21, 1989 and the item was continued to April 10, 1989 for City Council deliberations and decision. Section 4: On April 10, 1989, the City Council affirmed the .Planning Commission decision certifying that the FEIR was completed.in compliance.with the-California Environmental Quality Act,.-reviewed and considered the FEIR prior to acting on-the application, and.made the.following environmental findings. 10 The FEIR identifies as a potential significant environmental impact the effect of grading in areas of high and extreme slopes. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. A second independent. - engineering study evaluating geotechnical, soils and other stability factors including seismic considerations, and giving special attention to the areas of extreme and high slopes will be required prior to the issuance of building permits and compliance with specific mitigation measures of the City's geotechnical consultant will be required. It is not possible to entirely eliminate this impact. 2* The FEIR identifies as a potential significant impact increased surface water flow to the south. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. The developer will, as required, enlarge the storm sewer system and shall submit a complete landscaping and irrigation plan to the Director of Environmental Services for review and approval prior to the issuance of building permits. 3 The FEIR identif ies as a potential signif icant impact the short term emissions of fugitive dust and nitrogen oxides which would be generated during grading and construction activities and'long"-term emissions from the use of electricity and natural gas by the facility and fossil fuels in -automobiles. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen . this impact. Watering will be required during grading to reduce fugitive dust, construction will be phased to avoid high ozone days and no construction shall be permitted during second stage smog alerts. An on-site shuttle service w * ill be provided by the operator to transport residents to and from off-site facilities. It is not possible to entirely eliminate this impact, 4. The FEIR identifies as a potential significant impact the noise resulting from project construction* changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen this impact. Grading and construction equipment will be stored on the site, will be equipped with mufflers and kept in proper tune. Grading and construction activities will be conducted between the hours of 8.*00 a.m. and 4:00 p.m. on weekdays only, temporary sound barriers will be erected adjacent to the schools and religious facilities that border the site and grading and construction will be scheduled, to the extent possible, to coincide with summer recess periods to avoid impacts on schools. It is not possible to entirely eliminate this impact, 5. The FEIR identifies as a potential'significant impact the effect on the visual resources afforded by the project site. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen this impact. Publicly accessible viewing areas have been incorporated into the project and roof lines and landscaping heights have been lowered. 6. The FEIR identifies as a potential significant environmental impact the loss of vacant land. Changes or alterations have been required 'in, or incorporated into, the Resolution No. 89 - 34 Page 2 project which avoid or substantially lessen this impact. Development has been limited to a restricted area of the site leaving much of the site vacant and publicly accessible viewing areas will be provided. 79 In addition, the mitigation measures set forth in Exhibit "B" hereto have been.required in; or incorporated into, the project. These measures will further reduce those impacts identified in the FEIR but not found to be significant. Exhibit "B" further sets forth the mitigation measures described above in greater detail. 810 The social, economic and other benefits of the project outweigh any unavoidable adverse impacts that may occur. The project implements the institutional designatio'n of the-----site in the general plan while preserving much of the site as s open space with publicly accessible viewing areas and provides,a high quality living and care facility for seniors in need of housing where institutional services are provided. - This Resolution implements all feasible mitigation measures identified in the EIR and record of proceedings* None of the project alternatives would provide a senior living facility with an-onsite health care facility.; Accordingly, and for the reasons set forth herein, none.of the alternatives are feasible. The No-Project alternative.would be environmentally superior, but it would not accomplish any of the project benefits or objectives. The public park alternative would also be environmentally superior, but it would not accomplish any of the project benefits or objectives. Alternative No. 3 would provide out-patient clinic services only, and would sacrifice the substantial benefits of the 100 bed health care facility. Alternative No. 4 would provide a senior living facility without an onsite health care facility. This would sacrifice a substantial project benefit. Although Alternative No. 4 would cause somewhat less onsite grading, the remaining impacts would still be significant and the reduction in impacts is not sufficient to outweigh the loss of the onsite health care facility. Alternative No. 5 considered the use of abandoned school sites. It is not feasible, however, because development of the alternative sites would not be consistent with the General Plan. Due to such overriding benefits and considerations, the City Council affirms that any unavoidable adverse environmental impacts of the project are acceptable. This paragraph 8 constitutes a statement of overriding considerations pursuant to the California Environmental Quality Act,. 9. Staff is further directed to develop and undertake a program for monitoring compliance by the project proponent with each of the mitgation measures identified in the EIR and appleied to the project. This program shall include provisions for preparation of periodic written reports demonstrating compliance with the measures. Resolution No. 89 - 34 Page 3 PASSED, APPROVED and ADOPTED on April 18, 1989. LL R MAYOR TEST: l TY CLERKK TATE OF CALIFORNIA y COUNTY OF LOS ANGELES 1 s's CITY OF RANCHO PALOS VERDES It JO PURCELL, City Clerk of the city Council of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 89 -34 was duly and regularly passed and adopted by the said City Council at a regular-meeting thereof held on the 18th day of April, 1989. CT Y CLERK CIT OF RANCHO PALOS VERDES Resolution No. 89 - 34 Page 4 EXHIBIT "Alt The land referred to in this policy is situated in the State of California, County of Los Angeles, and is described as follows: All of Lot 52 of L.A.C.A., Map No. 51, in the city of Rancho Palos Verdes, as per map recorded in Book 1 Page 1 of Assessor's Maps, in the office of the county recorder of said county. EXCEPT that portion of Lot 52 lying Southerly of the Northerly line of Crestridge Road, 80 feet wide as shown on map of Tract 23398 recorded in Book 614 pages 53 to 56 inclusive of Maps, records of said county, and described in a deed to County of Los Angeles, recorded as Document No. 3176 on November 20, 1967 in Book D3835 Page 627, Official Records, of said county. ALSO EXCEPT that portion of said Lot 52 lying Southeasterly of the Northwesterly line of Crenshaw Boulevard, 100 feet wide as described as Parcels 16 -9 and 16 -19, in deed to County of Los Angeles, recorded as Document No. 2.400 on July 10, 1968, of Official Records of said county. ALSO EXCEPT that portion of said Lot 52 lying Northerly of the Southerly line of Indian Peak Road, 80 feet wide as shown on map of Tract 24460, recorded in Book 648 Pages 96 to 100 inclusive of Maps, records of said county. ALSO EXCEPT that portion of said Lot 52 which lies within that certain parcel of land described in deed recorded in Document No. 929 on October 19, 1965 of Official Records. ALSO EXCEPT therefrom that portion which lies within that certain parcel of land described as Parcel 1 in said deed recorded in Book D1735 Page 202 of said Official Records. ALSO EXCEPT therefrom that portion which lies within that certain parcel of land described as Parcel 1 in a deed recorded as Document No. 365 on June 16, 1969 in Book D4402 Page 513 of Official Records of said county. ALSO EXCEPT therefrom that portion of said Lot 52 which lies within that certain parcel of land described in the deed to the Congregation Ner Tamid of South Bay, recorded as Document No. 96 on July 31, 1972, in Book D5549 Page 374, of Official Records of said county. 1 ALSO EXCEPT therefrom that portion of Lot 52, which lies within that certain parcel of land described as Parcel 1, in the deed to Great Lakes Properties, Inc., as Document No. 7137, recorded on March 3, 1972 of Official Records of said county. EXHIBIT "A" Resolution No. 89 -34 Page 1 EXHIBIT "B" ENVIRONMENTAL IMPACT REPORT NO* 27 MITIGATION MEASURES Geotechnical is Prior to issuance of building permits, submit a second independent engineering study evaluating geotechnical, soils and other stability factors (including seismic considerations) of the site, giving special attention to the areas of Extreme and High slopes. 29 Incorporate the specific mitigation measures proposed in the conclusions/recommendations of the geotechnical reports accepted by the City's geotechnical consultant. Drainage 10 The existing storm sewer system shall be enlarged or connected to the Indian Peak system in such a way to accommodate a 50-year event. 2* All drainage from hard surfaces must be carried in nonerosive devices. 3e Irrigation and drainage on the north-facing slope shall be controlled during and after grading and construction. 49 other than incidental rainfall, no water shall be allowed to flow over open slopes. 5. Pad gradients shall be designed so that pad and roof runoff are directed to approved discharge areas. 6. All roof and pad drainage shall be directed away from slopes and ground structures to approved drainage systems. To All berms shall be constructed and compacted as part of finish grading. 80 A complete landscaping and irrigation plan shall be submitted to the Director of Environmental Services for review and approval prior to issuance of building permits. Biological Resources 10 The entire site shall be fenced prior to grading and construction activities for security and safety purposes. EXHIBIT "B" Resolution No. 89-34 Page 1 2. Areas not graded shall be fenced off to prevent unintended access or disturbance. 3* Areas outside of the project site shall be revegetated with native flora found on the site and shall be part of the landscape and irrigation plan. Traffic and Circulation 1.0 Prior to grading, fund and prepare a Circulation and Safety Plan and Program including, but not limited to, a* Safety training and indoctrination b. Truck inspection program C-0 Route designation d. Truck type 2* Grading activities shall be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. No loaded trucks shall depart the site prior to 8:45 a.m. nor later than 4:00 p.m. 3* Streets shall be cleaned regularly at the direction of the Director of Public Works. 4. Loads shall be covered to prevent materials from blowing out of the trucks. 5. A proportional share for traffic signal upgrades at Crestridge Road and Crenshaw Boulevard, to be determined by the Director of Public Works, shall be paid to the City upon building final. 6. Overnight truck parking on City streets shall be prohibited. Air Quality 116 Implement a regular watering program to reduce fugitive dust. During grading activities and at the end of the workday, the project site should be watered to keep dust down and create a "crust" surface. 2. Phase construction activities to avoid high ozone days. 3. No construction shall be allowed during second stage smog alerts, 4e An on-site shuttle service capable of accommodating 8-11 passengers which is handicapped accessible shall be provided by the operator to transport residents to and from off-site facilities. The shuttle will provide a transportation service for those who cannot drive and for those who wish not to drive. The schedule of the shuttle will be determined after the facility starts operations. Such schedule shall be Resolution No. 89-34 Page 2 submitted to the Director of Environmental Services for review and approval. 5* Employee shifts shall be staggered so as not to start or end between the peak traffic hours of 7 :30 - 8 :30 a.m. and 4:00 - 5:00 p.m. Monday through Friday. Noise i's Store grading and construction equipment on the project site. 2e Grading and construction vehicles shall be equipped with noise mufflers and engines kept in proper tune. 3* Grading and construction activities shall be conducted between the hours of 8:00 a.m. and 4:00 p.m. on weekdays (Monday through Friday) only, 4* To the extent possible, grading and construction should be scheduled to coincide with summer recess months (June through September) to minimize noise impacts on schools. 50 During grading and construction, erect temporary sound barriers adjacent to the schools and religious facilities that border the site. Visual Resources 1* Eliminate or screen all rooftop structures and chimneys. 2* Lower rooflines through alternate roofing designs. Landscaping (trees and shrubs) shall not exceed proposed maximum building heights. 3. Provide for additional setback along Crestridge Road by shifting the building footprint. 4. Incorporate publicly accessible viewing area(s) on the site. Water Service 1.0 Improvements to the water distribution system that are needed to provide water service and meet minimum fire flow requirements shall be constructed or funded by the applicant. Sanitary Sewers i's Any improvements to the existing infrastructure system needed to accommodate project generated wastewater shall be funded by the applicant. Fire Protection i's Fire flow and fire hydrant placement standards established by EXHIBIT "B" Resolution No. 89-34 Page 3 the Los Angeles County Fire Department shall be met. Police 1* The applicant shall contact the Lomita Sheriff's Station, Crime Prevention/Community Relations Department for specific recommendations to increase site security. 20 The applicant should provide adequate on-site trained security personnel for a minimum period of from 5:00 p.m. to 7.*00 a.m. I Land Use i's Development shall be limited on the site to the proposed facility (i.e. no other development on the 34 acres), designating vacant portions of the site to remain vacant and be maintained as open areas. These can be enhanced for enjoyment of the general public through the development of publicly accessible areas (such as viewing areas) by the applicant. Archeol ocy 10 A qualified archaeologist shall make frequent periodic ingrading inspections to further evaluate cultural resources on the site. If archaeological resources are found, all work in the immediate area shall stop and the resources shall be removed or preserved. All "finds" shall be reported to the Director of Environmental Services immediately, 2* A qualified paleontologist shall be present during all rough grading operations. If paleontological resources are found, the paleontologist shall stop all work in the affected area and all resources shall be excavated or preserved. All "finds" shall be reported to the Director of Environmental Services immediately, Equestrian, Pedestrian and Bicycle Access 10 Walkways for pedestrians (sidewalks) along Crestridge Road, Crenshaw Boulevard and Indian Peak Road, shall be incorporated into the project design. 29 Vista points shall be incorporated into the project design in order to take advantage of the panoramas to the north. 3* Pedestrian access (trails) from the sidewalks surrounding the site to the vista points shall be incorporated into the project design, EXHIBIT "B" Resolution No. 89-34 Page 4