PC RES 1993-044 r •
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P.C. RESOLUTION NO. 93-44
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES ADOPTING THE
NEGATIVE DECLARATION PREPARED IN ASSOCIATION
WITH ENVIRONMENTAL ASSESSMENT NO. 657,
CONDITIONAL USE PERMIT NO. 177, GRADING PERMIT
NO. 1711, AND A MISCELLANEOUS HEARING FOR
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
WITH RELATED IMPROVEMENTS AND A DETACHED GUEST
HOUSE AND DETACHED SECOND UNIT ON PROPERTY
LOCATED AT 6100 VIA SUBIDA
WHEREAS, on September 3 , 1993, Mr. Scott Yanof sky, on behalf
of Mr. and Mrs. Marvin Winkler, submitted a request for Grading
Permit No. 1711, in conjunction with Conditional Use Permit No.
177, Environmental Assessment No. 657, and a Miscellaneous Hearing
for construction of a new 13 , 617 square foot residence, including
garage, with a pool, spa, tennis court, and playing field, and a
detached 356 square foot pool house, 703 square foot guest house
(without kitchen facilities) and a 1, 200 square foot "second unit"
(with kitchen facilities) and its own 567 square foot detached
garage on property located at 6100 Via Subida; 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 65952 .5 (e) (Hazardous Waste
and Substance Statement) , an Initial Study has been prepared in
association with Environmental Assessment No. 657, and a Draft
Negative Declaration has been prepared which states that, while
there may be impacts associated with construction on the subject
property, the impacts are not considered significant; and
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, the Planning Commission of the City of Rancho
Palos Verdes held a public hearing on November 23 and December 6,
1993, 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 Initial Study identified potential
environmental impacts with respect to earth, since the project will
involve approximately 14, 330 cubic yards of grading, including
7,540 cubic yards of cut and 6,790 cubic yards of fill, which will
result in the disruption, compaction, and overcovering of the soil,
as well as changes in the existing topography and ground surface
relief features. Although the quantity of cut exceeds the quantity
of fill by approximately 750 cubic yards, it is anticipated that
the grading will be balanced on site due to the expected shrinkage
factor during compaction of the fill material. Additionally, given
the unusually large size of the property for the zoning district in
which the property is located, the number and scope of
improvements, and the fact that the proposed grading will serve to
lower the pad elevations while maintaining reasonably natural
finished contours, it has been determined that the proposed project
will not result in significant adverse environmental impacts with
respect to grading.
Section 2: The Initial Study identified potential
environmental impacts to the visual and aesthetic quality of the
site, due to the potential removal of several mature trees on the
property, if deemed to be in violation of Section 17.02.040 of the
Rancho Palos Verdes Development Code. However, since removal of
any trees found to be in violation of the Code would be in the
interest of satisfying Development Code requirements and would
restore views of the harbor and city lights at night from
neighboring properties, Visual and Aesthetic impacts associated
with removal of any mature tree is not considered significant.
Section 3: The Initial Study identified potential impacts
to noise associated with construction on the subject property.
Since the grading and construction activity will result in
temporary increases to existing noise levels, this is not
considered to be a long term significant impact.
Section 4: The Initial Study identified potential impacts
to Land Use resulting from the construction of a second unit with
its own kitchen facilities on property zoned and designated by the
General Plan for single family purposes, with a maximum of one
residential unit per parcel. Although a Conditional Use Permit is
currently required for construction of a second unit, it is a goal
of the City's Housing Element of the General Plan to adopt a Second
Unit Ordinance that complies with California State Government Code
requirements. Additionally, the site is over 5-1/2 acres in size,
and the proposed construction will respect all minimum setback
requirements, it has been determined that the proposed project will
not result in any significant adverse environmental impacts with
respect to Land Use.
Section 5: The Planning Commission has reviewed and
considered the proposed Negative Declaration, the public comments,
and other evidence presented to the Commission and finds that the
Negative Declaration was prepared in the manner required by law,
that there is no substantial evidence that the approval of
Conditional Use Permit No. 177, Grading Permit No. 1711, and or the
Miscellaneous Hearing would have a significant adverse
environmental impact, and that while mitigation measures have been
recommended and should be incorporated into the approval of the
project applications, no mitigation measures are required to
eliminate significant environmental impacts associated with the
proposed project.
P.C. Resolution No. 93-44.
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Section 6: Based on the information and findings contained
in the Initial Study, Staff Report, and records of the proceedings,
the Planning Commission of the City of Rancho Palos Verdes hereby
adopts the Negative Declaration prepared in association with
Environmental Assessment No. 657, Conditional Use Permit No. 1771
Grading Permit No. 1711, and a Miscellaneous Hearing for
construction of a new single family residence with related
improvements, a detached guest house and detached second unit on
property located at 6100 Via Subida, subject to the recommended
mitigation measures contained in the Initial Study which is hereby
attached by reference as Exhibit "A".
PASSED, APPROVED, and ADOPTED this 14th of December, 1993.
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Robert Katherman
Chairman
Bret B. Y ernaYd, AI P, Director of Planning
Building, and Code/Enforcement and
Secretary to the Commission
P.C. Resolution No. 93-44.
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