PC RES 2006-029 TI -2
RESOLUTION F THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CERTIFYINGMITIGATED E TIV
DECLARATION PURSUANT TO THE CALIFORNIAVI N TAL
QUALITY ACT FOR CASE NO. Z 2 05® 0405 (CONDITIONAL
PERMIT, VARIANCE, I IT, SITE PLAN
ENVIRONMENTAL ASSES E T), FOR PROPERTY AT 2 421
WESTERN , LOCATED AT THE NORTHWEST CORNER OF
WESTERNAVENUE CRESTWOOD STREET.
WHEREAS, on August 2, 2005, FiedlerGroup, representing the landowner Willian
and Kirsten Michaelis, submitted Case No. ZON2005-00405, applications for an
Environmental Assessment, Conditional Use Permit, Variance, Sign Permit and Site Plan
Review, for a property at 29421 Western Avenue located at the northwest corner of
Western Avenue and Crestwood Street; and,
WHEREAS, on September 1, 2005, the project was deemed incomplete by Staff
pending the submittal of additional information; and,
WHEREAS, on May 12, 2006, upon submittal of all required information,the project
was deemed complete by Staff; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that
with appropriate mitigation, there is no substantial evidence that the approval of ZON2005-
00405 would result in a significant adverse effect upon the environment and, therefore, a
Mitigated Negative Declaration has been prepared and notice of same was given in the
manner required by law; and,
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code,the Planning Commission held a duly noticed public hearing on
June 27, 2006, at which time all interested parties were given an opportunity to be heard
and present evidence.
NOW,THEREFORE,THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has independently reviewed and considered
the proposed Mitigated Negative Declaration, the public comments upon it, and other
evidence before the Commission prior to taking action on the proposed project and finds
that the Mitigated Negative Declaration was prepared in the manner required by law and
that there is no substantial evidence that, with appropriate mitigation measures, the
approval of Case No. ZON2005-00405, Conditional Use Permit,Variance, Sign Permit and
Site Plan Review, would result in a significant adverse effect upon the environment.
Section 2: Case No. ZON2005-00405, a Conditional Use Permit and Variance for
conversion of an existing automobile repair building to a new convenience store,
replacement of the existing canopy with a new canopy, and the sale of beer and wine for
off-site consumption are consistent with the Rancho Palos Verdes General Plan and with
the underlying Commercial land use designations, which will not be changed as a result of
the approval of the project.
Section 3: There are no sensitive natural habitat areas on the subject site. Thus,
no site disturbance or alteration will result from the approval of Case No.ZON2005-00405,
and therefore, the project will have no individual or cumulative adverse impacts upon
resources, as defined in Section 711.2 of the State Fish and Game Code.
Section 4: That with the appropriate mitigation measures that address impacts
upon Aesthetics, and Hazards and Hazardous Materials, the project will not have a
significant impact.
Section 5: Based upon the foregoing findings, the adoption of the proposed
Mitigated Negative Declaration is in the public interest.
Section 8: Any interested person aggrieved by this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Chapter 17.80 of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and
with the appropriate appeal fee, no later than fifteen (15) days following the date of the
Planning Commission's final action.
Section 7: For the foregoing reasons and based on the information and findings
included in the Staff Report, Environmental Assessment and other components of the
legislative record, in the proposed Mitigated Negative Declaration, and in the public
comments received by the Commission, the Planning Commission of the City of Rancho
Palos Verdes hereby certifies that the Mitigated Negative Declaration has been prepared in
compliance with CEQA and adopts the attached Mitigation Monitoring Program(Exhibit"A")
associated with Case No. ZON2005-00405, Conditional Use Permit,Variance, Sign Permit
and Site Plan Review, thereby allowing the conversion of an existing automobile repair
building to a convenience store at 29421 Western Avenue located at the northwest corner
of Western Avenue and Crestwood Street.
P.C. Resolution No. 2006-29
Page 2
PAS�ED, APPROVED, AND ADOPTED this 27th day of June 2006, by the following vote:
AYES: Gerstner, Knight, Lewis, Perestam, Ruttenberg
NOES: Karp
ABSTENTIONS: None
ABSENT: Tetreaul-t
M KnighL
Chairman
,roel jas, A10
UPI
Direct rof I nni Building and
Direct
Code nforce and, Secretary
t
t Planning Commission
P.C. Resolution No. 2006- 29
Page 3
Exhibit A
Mitigation Monitoring Program
Project. Case No. ZON2005-00405 (Environmental Assessment, Conditional Use Permit,
Variance, Sign Permit, and Site Plan Review)
Location., 29421 Western Avenue
Rancho Palos Verdes, CA 90275
Applicant. James Blum (Fiedler Group), representing landowner.
Landowner: William & Kirsten Michaelis.
TABLE OF CONTENTS
1. Introduction.........................................................................................................................................2
Purpose .......................................................................................................................2
Environmental Procedures............................................................................ ....................................2
Mitigation Monitoring Program Requirments....... .........................................................................2
Il. Management of the Mitigation Monitoring Program............................................................................3
Rolesand Responsibilities .................................................................................................................3
Mitigation and Monitoring Program Procedures.......... ......................................................................3
Mitigation Monitoring Operations........................................................................................................3
Ill. Mitigation Monitoring Program Checklist............................................................................................5
IV. Mitigation Monitoring Summary Table................................................................................................6
Mitigation Monitoring Program
Exhibit A- Page 1 P.C. Resolution No. 2006-29
1. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), is to allow the following project at 29421 Western Avenue, located
at the northwest corner of Western Avenue and Crestwood Street, in the City of Rancho Palos Verdes:
Converting an existing 2,008 square foot automotive repair building with service bays, into a
convenience store that includes a new entry to the building and a tiled pitched mansard roof.
Further, the existing 1,820 square foot, 17'-10" high canopy over the gasoline pumps will be
removed, and replaced with a 1,924 square foot canopy with a tiled pitched mansard roof
measuring 23'-5" in height. The project also includes a new monument sign, and signage on
the building and fascia; and upgrades to the lighting, trash enclosure, and parking. Lastly, in
conjunction with the convenience store, the applicant proposes the off-site sale of beer and
wine, and an automated teller machine (ATM) inside the building.
The MMP responds to Section 21081.6 of the Public Resources Code, which requires a lead or responsible
agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant
environmental effects,to adopt a"reporting or monitoring program for adopted or required changes to mitigate
or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the
project.
An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of
the project. Where appropriate,this environmental document recommended mitigation measures to mitigate
or avoid impacts identified. Consistent with Section 21080 (2)(c)of the Public Resources Code, a mitigation
reporting or monitoring program is required to ensure that the adopted mitigation measures under the
jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative
Declaration.
ENVIRONMENTALP U
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970(CEQA),as
amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of
CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP
complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for
implementation of CEQA.
MITIGATION NITORI G PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision(a)
of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21081,the public agency shall adopt a reporting or monitoring program for the changes to the project
which it has 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. For those changes which have been required or incorporated into the project at the request of
an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so
requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring
program."
Mitigation Monitoring Program
Exhibit A- Page 2 P.C. Resolution No. 2006-29
Ile MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre-grading,
construction, and operation. The City will have the primary enforcement role for the mitigation measures.
MITIGATION IT 1 PROCEDURES
The mitigation monitoring procedures for this MMP consists of,filing requirements,and compliance verification.
The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the
Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur;the
method of verification of compliance; the timing of verification; the department or agency responsible for
implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes department of Planning, Building, and Code
Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of
Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification
section of the MMP Checklist shall be signed,for mitigation measures requiring ongoing monitoring, and when
the monitoring of a mitigation measure is completed.
MITIGATION IT IOPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation
measure:
I. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide
to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist
indicating the mitigation measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation Monitoring Program
Exhibit A- Page 3 P.C. Resolution No. 2006-29
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another
City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation
measures are refined,the Director of Planning, Building, and Code Enforcement would document the change
and shall notify the appropriate design, construction, or operations personnel about refined requirements.
Mitigation Monitoring Program
Exhibit A- Page 4 P.C. Resolution No. 2006-29
III Wi,,jATION MONITORINGPROGRAM C,�,=-CKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of
Rancho Palos Verdes on June 27, 2006. Mitigation measures are listed in the order in which they appear in
the Initial Study.
" Types of measures are project design, construction, operational, or cumulative.
Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance!Verification provides space for future reference and notation that compliance has
been monitored, verified, and is consistent with these mitigation measures.
Mitigation Monitoring Program
Exhibit A-Page 5 P.C. Resolution No. 2006-29
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