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PC RES 2012-014 P.C. RESOLUTION NO.2012-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO THE MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE PT. VICENTE ANIMAL HOSPITAL SHARED PARKING PLAN WITH ST. PAUL'S LUTHERAN CHRUCH AND REDUCING THE REQUIRED PARKING SPACES FROM 61 TO 60(CASE NO.ZON2008-00505& ZON2009.-00158). WHEREAS, on March 29, 1985, Instrument No. 85-349588 was recorded with the Los Angeles County Recorder's Office granting a non-exclusive easement over the property located at 31270 Palos Verdes Drive West permitting the parking of a maximum of fifty(50)vehicles on the then-vacant lot,but now the Pt.Vicente Animal Hospital property,for the benefit of use by St. Paul's Lutheran Church members; and, WHEREAS, in September 1988,the Planning Commission adopted P.C. Resolution No. 88-52,approving a Revision to Conditional Use Permit No. 118 and Grading Permit No. 1005 for a multi-purpose/administrative building located at 31290 Palos Verdes Drive West (St. Paul's Lutheran Church).At that time,St. Paul's Lutheran Church was required to maintain a minimum of 29 on-site parking spaces plus 50 additional parking spaces on the adjacent property located at 31270 Palos Verdes Drive; and, WHEREAS,on September 22,2009,the Planning Commission adopted P.C. Resolution Nos. 2009-38 and 2009-39, certifying a Mitigated Negative Declaration and conditionally approving a Conditional Use Permit, Grading Permit, Variance and Sign Program (Case No. ZON2008-00505) to allow the development of a new veterinary hospital (Pt. Vicente Animal Hospital) located at 31270 Palos Verdes Drive West. In addition to the approval of a new building,the Planning Commission also approved a Revision to Conditional Use Permit No. 118 (Case No.ZON2009-00158)to modify the required off-street parking requirements associated with St. Paul's Lutheran Church. The approval resulted in a decrease in the total number of shared parking spaces from 79 spaces to 61 parking spaces between the church and new veterinary hospital; and, WHEREAS, when the Pt. Vicente Animal Hospital Project and shared parking plan revision were approved via P.C. Resolution Nos. 2009-38 and 2009-39, Condition No. 72 [Mitigation Measure TRA-5]required a 6-month review of the efficacy of the shared parking plan associated with the abovementioned properties.Condition No. 72 stated,"Within six(6)months of the issuance of a certificate of occupancy for the veterinary hospital, the Planning Commission shall review the efficacy of the shared parking plan with the church. The Planning Commission may add, delete or modify conditions of approval based upon the outcome of this 6-month review. [Mitigation Measure TRA-5J"; and, WHEREAS, In December 2011, the Pt. Vicente Animal Hospital obtained their final certificate of occupancy and the clock on the required 6-month review began. The 6-month review period ended in June 2012; and, P.C. Resolution No. 2012-14 1 of 5 WHEREAS, St. Paul's Lutheran Church requested that the City consider reducing the overall required parking count between the church and animal hospital from sixty-one (61) spaces to sixty (60) spaces; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 210Oet seq. ("CEQA"),the State's CEQA Guidelines,California Code Regulations, Title. 14, Section 15000 et seq., the City's Local CEQA, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City determined that there is no substantial evidence that the reduction in on-site shared parking from sixty-One(61) spaces to sixty (60) spaces would result in a significant adverse effect on the environment. Accordingly,Addendum No. 1 to the Mitigated Negative Declaration for Case Nos. ZON2008- 505 and ZON2009-00158 for the Pt. Vicente Animal Hospital and St. Paul's Lutheran Church, has been prepared; and, WHEREAS, on June 24, 2012,the Planning Commission held a public hearing,at which time all interested parties were 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:Addendum No. 1 is for an environmental assessment in conjunction with a 6- month review of the efficacy of the shared parking plan between Pt. Vicente Animal Hospital located at 31270 Palos Verdes Drive West and St. Paul's Lutheran Church located at 31290 Palos Verdes Drive West, and a reduction in on-site shared parking from sixty-one(61)spaces to sixty(60)spaces.As a result of the reduction in the total number of shared parking spaces by one (1) space, Mitigation Measures TRA-3 and TRA-4 are hereby amended to reflect twenty- eight (28) parking spaces on the St. Paul's Lutheran Church property and a total of sixty(60) parking spaces between the church and animal hospital. Section 2: In approving Addendum No. 1 to the Mitigated Negative Declaration for Case Nos. ZON2008-00505 and ZON2009-00158, 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 identifies no new significant adverse environmental impacts to the areas listed below. 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts P.C. Resolution No. 2012-14 2 of 5 Section 4: The Addendum No. 1 identifies that the proposed revisions to Mitigation Measure TRA-3 and TRA-4 will not result in any significant environmental impacts, and the circumstances under which the parking demand for the Pt. Vicente Animal Hospital and St. Paul's Lutheran Church has not substantially changed since the CEQA determination was made for the Mitigated Negative Declaration adopted through Resolution No. 2009-38 for the two properties. In fact, the Church reports that there is an average surplus of ten (10) on-site parking spaces that are unused during the 9 AM peak hour, Sunday morning service. Section 5: No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior Mitigated Negative Declaration for Case Nos. ZON2008-00505 and ZON2009-00158 was adopted, identifies a significant environmental effect. Section 6: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any other applicable short period of limitations. Section 7: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Addendum No. 1 to the Mitigated Negative Declaration for Case Nos.ZON2008-00505 and ZON2009-00158, 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. PASSED, APPROVED, AND ADOPTED this 24th day of July 2012, by the following vote: AYES: Commissioners Gerstner, Leon, Lewis, Nelson, Tomblin, Vice Chairman Emenhiser and Chairman Tetreault NOES: None ABSTENTIONS: None RECUSSALS: None ABSENT: None 1/ AP, Paul - -au Chairman A.AgiliA1111 Joel -ojas, £ICP Co munity B evelopme irector P.C. Resolution No. 2012-14 3 of 5 EXHIBIT "A" (Addendum No. 1 to Mitigated Negative Declaration) Project Background: On September 22, 2009,the Planning Commission adopted Resolution No. 2009-38, thereby adopting a Mitigated Negative Declaration for a new veterinary hospital (Pt. Vicente Animal Hospital) and a shared parking plan between the Pt. Vicente Animal Hospital and St. Paul's Lutheran Church. Prior to its adoption, the Mitigated Negative Declaration was circulated for public comment from August 31, 2009 through September 21, 2009. In adopting the Mitigated Negative Declaration, the Planning Commission found that: 1) the Mitigated Negative Declaration was prepared in the manner required by law and that there was no substantial evidence that the approvd of the new veterinary hospital and amended shared parking plan, as mitigated,would result in a significant adverse effect upon the environment Proposed Amendments: As required by Mitigation Measure TRA-5 of P.C. Resolution No. 2009-38,a 6-month review of the shared parking plan between Pt.Vicente Animal Hospital and St. Paul's Lutheran Church was conducted between December 2011 and June 2012 to monitor the efficacy of the on-site parking between both properties.As the result of a restriping project at St. Paul's Lutheran Church, the overall required parking was reduced from sixty-one (61) parking spaces to sixty(60) parking spaces.The reduction of the overall shared parking by one spaces was considered while monitoring the shared parking over a span of six (6) months. ,Purpose: This Addendum to the previously-certified Mitigated Negative Declaration is being prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, which allows for the lead agency to prepare an addendum to an adopted Mitigated Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Mitigated Negative Declaration have occurred. Pursuant to CEQA Section 15162, no subsequent Mitigated Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project that will required major revisions of the previous Negative Declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or asubstantial increase in the severity or previously identified significant effects; or, 3. New information of substantial importance identifies one or more significant effects not discussed in the previous Negative Declaration, significant effects previoudy examined will be substantially more severe than shown in the previous Negative Declaration, mitigation measures or alternatives previously found not to be feasible or not analyzed in the Negative Declaration would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. P.C. Resolution No. 2012-14 4 of 5 Findings Regarding the Proposed Project Revisions: The shared parking plan between Pt. Vicente Animal Hospital and St. Paul's Lutheran Church, and the reduction of total shared parking by one (1) space,was monitored between December 2011 and June 2012 to determine if any negative impacts resulted by reducing the required parking from sixty-one (61) spaces to sixty (60) spaces. The Planning Commission has independently reviewed this item and has determined that, pursuant to CEQA Guidelines Section 15162, a new Mitigated Negative Declaration is not required for this revision because the proposed amendments will not result in any new significant environmental effects: 1. The proposed revisions do not result in any new significant environmental effects and no significant impacts have been identified.According to a parking count conducted in February 2009 by a Traffic Consultant, the typical peak parking denand for the church occurred between 9:30 AM and 10:30 AM, whereby 50 vehicles were reportedly parked on-site between the two properties, and 10 were parked offsite, totaling a demand of sixty spaces.The reduction in required parking from sixty-one (61) spaces to sixty (60) spaces does not present new significant environmental impacts because the a parking demand problem was not observed during the 6- month review and St. Paul's Lutheran Church confirmed that there is an average of ten (10) unused parking spaces between both properties during the highest peak hour for church services (Sunday at 9 AM). Therefore, the proposed reduction in parking will not result in new significant environmental impacts or a substantial increase in the severity of any existng impacts. 2. The proposed revisions will not result in any significant environmental impacts. The scope of the proposed project which results in a reduction of required parking from sixty-one (61) spaces to sixty (60) spaces is a minor change that results in no new environmental impact.The established parking demand during the Church's peak hour (60 spaces) does not exceed the total provided parking between both properties (60 spaces).There are no changes with respect to the circumstances under which the parking reduction is undertaken that will require major revisions of the previous Mitigated Negative Declaration. 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence atthe time the prior Mitigated Negative Declaration was adopted, identifies a significant environmental effect. Because the proposed parking reduction would not result in any new or more severe environmental impacts than those considered under the originally approved Mitigated Negative Declaration, there is no need for new or substantially modified mitigation measures. Therefore, pursuant to CEQA, the Planning Commission finds that no further environmental review is necessary other than the Planning Commission's adoption of this Addendum No. 1. P.C. Resolution No. 2012-14 5 of 5