PC RES 2010-033 P.C.RESOLUTION NO.2010-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO
ENVIRONMENTAL IMPACT REPORT NO. 21 IN CONNECTION WITH
AMENDMENT TO CONDITIONAL USE PERMIT NO. 68 (ZON2010-
00185)
WHEREAS,an application package was filed by Burrell,Ltd., requesting a Conditional Use
Permit and Tentative Tract Map to allow a Residential Planned Development(RPD)consisting of twenty-
five(25)single family residential lots,a private park,and common areas on a 36.4 acre site located in
subregion 1 of the Coastal Zone,adjacent to the Palos Verdes Estates boundary;and,
WHEREAS, on November 10, 1981 the Planning Commission of the City of Rancho Palos
Verdes adopted Resolution No. 81-57, thereby approving Conditional Use Permit No. 68, and on
December 7, 1981, the City Council adopted Resolution 81-87, thereby approving Tentative Tract Map
40640, and Final Environmental Impact Report No. 21 was reviewed and considered by the Planning
Commission and City Council as a part of these decisions;and,
WHEREAS, on July 20, 2010 the City Council heard and approved a request from the City Staff
to initiate an amendment to Conditional Use Permit No.68;and,
WHEREAS, on September 28, 2010, after notice issued pursuant to the provisions of the
Development Code, the Planning Commission held a public hearing to consider the amendment to
Conditional Use Permit No. 68, and Addendum No. 1 to Environmental Impact Report No. 21, at which
time all interested parties were given an opportunity to be heard and present evidence, and the item was
continued to the Planning Commission meeting of November 9,2010;and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, California Code of
Regulations, Title 14, Sections 15000 et. seq.,the City's Local CEQA Guidelines, and Government Code
Section 65952.5(e) (Hazardous Waste and Substances Statement), on November 4, 2010, copies of the
draft Addendum No. 1 to Environmental Impact Report No. 21 were distributed to the Planning
Commission and prior to taking action on the proposed amendment to CUP No. 68, the Planning
Commission independently reviewed and considered the information and findings contained in Addendum
No. 1 to EIR No. 21;and,
WHEREAS, on November 9, 2010, after notice issued pursuant to the provisions of the
Development Code, the Planning Commission held a public hearing to consider the amendment to
Conditional Use Permit No. 68, and Addendum No. 1 to Environmental Impact Report No. 21, at which
time all interested parties were again given an opportunity to be heard and present evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE,AND RESOLVE AS FOLLOWS:
Section 1: This request is for an amendment to Conditional Use Permit No. 68 to eliminate the
Planning Commission from the Lunada Pointe HOA's landscaping plan review process and to no longer
require the Planning Commission to make landscaping determinations for individual tree, as well as to
eliminate the requirement for the Community Development Director to approve private landscape plans in
the Lunada Pointe Tract. Therefore, pursuant to Sections 15162 and 15164 of the State CEQA
Guidelines, approval of Addendum No. 1 to the previously certified EIR, rather than the preparation of a
subsequent or supplemental EIR, is appropriate for the consideration of the proposed amendment to
Condition Use Permit No.68,based on the following findings:
1. That subsequent changes proposed to the project do not require important revisions to the
previous EIR, since there are no new significant environmental impacts that have been identified,
P.C. Resolution No. 2010-33
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which were not considered in the previous EIR.This is so, since the proposed changes identified
in Section 1 and attached Exhibit "A" would not result in any new or increased impacts to the
environment that are not already analyzed within EIR No. 21, because the amendments Staff is
proposing still allow for view protection for the residents of the Lunada Pointe Tract, and for any
other neighboring residents, through the City's View Restoration and View Preservation Permit
processes.
2. That substantial changes to the project would not occur with respect to the circumstances under
which the project is undertaken, which would require important revisions to the previous EIR,
since, as noted in #1 above, there are no new significant environmental impacts that were not
considered in the previous EIR, and the project only updates the role of the Director and Planning
Commission in regards to landscape plans and View Restoration.
3. That there is no new information of substantial importance to the project which indicates that
these proposed changes will have one or more significant effects not discussed previously in the
EIR;that significant effects previously examined will not be substantially more severe than shown
in the EIR;that no mitigation measures or alternatives, previously found not to be feasible, would
now in fact be feasible and would substantially reduce one or more significant effects of the
project;or that no mitigation measures or alternatives which were not previously considered in the
EIR, would now substantially lessen one or more significant effects of the environment, because
the original landscaping conditions that were required to be placed in the CC&Rs are not
proposed to be changed by the City, and the amendments Staff is proposing still allow for view
protection for the residents of the Lunada Pointe Tract, and for any other neighboring residents,
through the City's View Restoration and View Preservation Permit processes.
Section 2: In approving Addendum No. 1 to EIR No. 21, the Planning Commission has reviewed
and considered the Addendum No. 1 document, attached hereto and made a part thereof as Exhibit"A".
Section 3: The Addendum No. 1 to EIR No. 21 identifies no new potential significant adverse
environmental impacts to the areas listed below, beyond those already identified in the Final EIR No.21,
as a result of the proposed amendment to Conditional Use Permit No.68:
1. Geology
2. Drainage
3. "Biotic"Resources
4. Archaelogical/Paleontological Resources
5. Visual Character
7. Traffic and Circulation
8. Coastal Access and Recreation
Section 4: That implementation of the proposed amendment to CUP No. 68 would not require
additional mitigation measures or significant deletions/modifications to the mitigation measures included
in the Final EIR.
Section 6: For the foregoing reasons and based on the information and findings contained in the
staff reports presented at the public hearings, the Planning Commission of the City of Rancho Palos
Verdes hereby approves Addendum No. 1 to Environmental Impact Report No.21, based on the Planning
Commission's determination that the document was completed in compliance with the requirements of
the California Environmental Quality Act and State and local guidelines with respect thereto.
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PASSED, APPROVED, AND ADOPTED on the 9th day of November, 2010.
AYES: Commissioner Emenhiser, Knight, Leon, Tetreault, Vice Chairman Tomblin
NOES: None
ABSTENTIONS: None
ABSENT: Chairman Gerstner
RECUSALS: None ----
-rare_ Bill Gerstner,
Chairman
Joel -oja AICP
Com' unit, Develo• ent Director and
Secr:tary of the PI- - ing Commission
Resolution No. 2010-33
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RESOLUTION NO. 2010-33
EXHIBIT "A"
ADDENDUM No. 1
TO FINAL ENVIRONMENT IMPACT REPORT NO. 21
NOVEMBER 9, 2010
On November 10, 1981, the Planning Commission adopted P.C. Resolution No.
81-57, thereby adopting Final Environment Impact Report No. 21 to allow for
creation of a Residential Planned Development (RPD) consisting of twenty-five (25)
single family residential lots, a private park, and common areas.
In adopting the Final Environmental Impact Report (FEIR), the Planning
Commission found that Final Environmental Impact Report No. 21 was completed
in compliance with City and Environmental Guidelines (CEQA) and that the
approval of Conditional Use Permit No. 68 would not result in a significant adverse
environmental impact because mitigation measures were required.
Staff has reviewed and analyzed the proposed amendments to the conditions of
approval to modify the existing conditions in the CUP to eliminate the Planning
Commission from the Lunada Pointe HOA's landscaping plan review process and
to no longer require the Planning Commission to make landscaping determinations
for individual tree, as well as to eliminate the requirement for the Community
Development Director to approve private landscape plans in the Lunada Pointe
Tract.
The Planning Commission has reviewed and analyzed the proposed amendment to
the Conditions of Approval to eliminate the Planning Commission from the Lunada
Pointe HOA's landscaping plan review process and to no longer require the
Planning Commission to make landscaping determinations for individual tree, as
well as to eliminate the requirement for the Community Development Director to
approve private landscape plans in the Lunada Pointe Tract. Having reviewed
Staff's request, the Planning Commission is of the opinion that the revisions to the
respective conditions will not alter nor diminish the spirit and intent of the original
project approved by the Planning Commission in 1981. This is because the
amendments Staff is proposing still provide for view protection for the residents of
the Lunada Pointe Tract, and for any other neighboring residents, through the
City's View Restoration and View Preservation Permit processes, and because the
conditions within the CC&Rs (which were created as a mitigation measure to
address visual impacts) are not proposed to be changed by the City.
The proposed amendment will not result in any significant change that would affect
the findings made by the Planning Commission when the project was approved.
Furthermore, the proposed revisions will not introduce new significant
environmental effects or substantially increase the severity of the environmental
impacts that previously were identified and analyzed in the FEIR.
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Therefore, the Planning Commission finds that there are no changed
circumstances or new information, which were not known at the time the FEIR was
certified, that would require the preparation of a subsequent EIR or major revisions
to the FEIR pursuant to CEQA Guidelines Section 15162. In accordance with
Section 15164 of the State CEQA Guidelines, the Planning Commission has
independently reviewed and considered and hereby adopts this Addendum to the
FE1R.
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