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PC RES 1995-041RESOLUTION NO. 95 - 41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A FINAL MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 671 IN ASSOCIATION WITH CONDITIONAL USE PERMIT NO. 116 - REVISION ••A•• FOR A 18,722 SQUARE FOOT CLASSROOM/ ADMINISTRATIVE OFFICE COMPLEX AT THE PROPERTY LOCATED AT 28850 SOUTH WESTERN AVENUE. WHEREAS, Christ Lutheran Church has requested approval for Environmental Assessment No. 671, Conditional Use Permit No. 116 - Revision "A", Variance No. 387, Grading Permit No. 1781 to allow construction of an 18,722 square foot classroom/ administrative office complex at 28850 Western avenue within the I (Institutional) zoning district; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State CEQA Guidelines, the City's local CEQA Guidelines, and Government Code Section 65952.5 (e), the City has prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration and project approval, there is no substantial evidence that the approval of Conditional Use Permit No. 116 Revision "A•' would result in potentially significant adverse effects on the environment. Accordingly, a draft Mitigated Negative Declaration was prepared and notice of that fact was given by the manner required by law; and, WHEREAS, after notice issued pursuant to the provisions of the Development Code and State CEQA Guidelines, the Planning commission held a public hearing on the project on October 10, 1995, and October 24, 1995, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring Program has been prepared and is attached hereto as Exhibit "B". NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: As submitted, the proposed project will not result in changes to existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours, nor will it result in the change in pattern, scale or character of the general area of the project. Additionally, the proposed project will not result in significant amounts of solid waste or litter, change in dust, ash smoke, fumes, or odors in the vicinity, or change in ocean, bay, lake stream or ground water quality or quantity, or alteration of existing drainage patterns. The proposed project will also not result in a substantial change in existing noise or vibration levels in the vicinity, nor will the work occur on a site of filled land or on a slope of 10 percent or more. Finally, the proposed project will not result in a substantial change in demand for municipal services, substantially increase fossil fuel consumption, or affect any relationship to a larger project or series of projects. Accordingly, no mitigation measures have been required to address these issues. Section 2: When reviewed in accordance with "Appendix G - Significant Effects" of the State CEQA Guidelines, the proposed project will not result in significant adverse affects to Earth, since the grading and or/earth movement required to complete the construction since the majority of the grading would under the new building footprint to accommodate the basement and the existing and finished topography of the site would not be significantly altered. In addition, the proposed construction would be subject to review by the City Geologist and Building and Safety Division to ensure that the site is suitable for proposed excavation. Therefore, no mitigation measures have been required with respect to Earth. Section 3: It has been determined that the proposed project will not result in significant long term changes to Air Quality with respect to air emissions, the creation of objectionable odors, or deteriorations of ambient air quality. However, short term air quality impacts associated with construction of the proposed classroom/administrative office complex may be expected. Therefore, in order to reduce any short term air quality impacts to less than significant levels mitigation measures (as described in Exhibit "All) have been incorporated. Section 4: Since the site was previously improved and remains almost entirely paved with an impervious material, the proposed construction will not result in any significant alterations to the current uses on the property which may affect Water Quality. Additionally, the project does not involve the use or modification of, nor will it affect any existing water or drainage sources. For these reasons the construction of the proposed project will not result in any adverse environmental impacts to Water, and no mitigation measures have been required with respect to Water. Resolution No. 95 -4l Page 2 of 7 Section 5: Since the site is almost entirely paved with an asphalt surface or landscaped with ornamental plant materials, construction of the proposed project would not involve the removal of any Plant Life or Animal Life, nor would it affect any protected plant or animal species. Accordingly, no mitigation measures have been required with respect to Plant Life and Animal Life. Section 6: Due to the location of the subject property along Western Avenue, which is a major arterial roadway, long term impacts to noise associated with the proposed school expansion are not expected to exceed current ambient noise levels. Additionally, the project is not expected to result in the exposure of people to severe noise levels beyond existing noise levels. Therefore, in accordance with Appendix G of the State CEQA Guidelines, since the project will not substantially increase ambient noise levels, any long terms impacts associated with operation of the school and church, or exposure to people to severe noise levels, is not considered a significant impact. However, short term noise impacts associated with construction of the proposed classroom/administrative office complex. Therefore, in order to reduce any short term noise impacts to less than significant levels, mitigation measures (as described in the attached Exhibit "All) have been incorporated. Section 7: The Initial Study identified potential impacts to Light and Glare which may result due to the proposed expansion of the school, as well installation of new exterior lighting. For this reason, mitigation measures (as described in the attached Exhibit "All) have been incorporated to reduce any impacts to Light and Glare resulting from the proposed project to less than significant levels. Section 8: Since the site is currently developed within church and a private school, the proposed expansion of the classrooms and administrative offices would not constitute a change in Land Use on the property. In addition, the proposed project would be consistent with the Institutional zoning district, upon approval of a Conditional Use Permit Revision. Therefore, since the project would have no impact to land use no mitigation measures have been required. Section 9: It is not anticipated that the proposed project would result in the use of large amounts of fuel, water, or energy in a wasteful manner. Additionally, although the proposed expansion of the school and administrative offices will increase the use of lighting and energy beyond existing levels on the site, Resolution No. 95 - 41 Page 3 of 7 this increase is not considered significant with respect to any impacts on Natural Resources. Therefore, the proposed project will not result in an significant increase in the rate of use of any natural resources, nor will it result in a substantial depletion of any nonrenewable natural resources. Accordingly, no mitigation measures have been required with respect to Natural Resources. Section 10: In accordance with the General Plan Housing Element policies and the Southern California Association of Governments (SCAG) Regional Housing Assessment Needs (RHNA) , the proposed project will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecasted in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing. Consequently, no mitigation measures have been required with respect to Population or Housing. Section 11: Since Western Avenue is a major arterial roadway which is served by the No. 205 line of the Metropolitan Transit Authority (MTA) and the MAX No. 3 line of the Torrance Transit system, and Caddington Drive is a collector street, the site is adequately served by local transportation systems which will not be impacted by the proposed project. Additionally, the proposed project site is not served by any waterborne, rail, or air transportation systems which would be impacted by the proposed project. Accordingly, no mitigation measures have been required with respect to these Transportation/circulation issues. While the project may result in the generation of additional vehicular movement with respect to Transportation/ Circulation, the potential increase in traffic volumes generated by the proposed project will not significantly impact existing traffic volumes along Western Avenue. Similarly, although the project may result in alterations to present patterns of circulation or movement of people and/or goods, the applicant has not proposed any changes to the existing access and/or circulation which would result in a significant increase in traffic volumes. However, as a result of the additional vehicular trips generated by the proposed project, as well as by a proposed project adjacent to the subject site (Taco Bell), the length of the south bound left hand turn pocket may not be adequate for movements onto both of the projects. As a result, mitigation measures (as described in the attached Exhibit "All) have been incorporated to reduce these impacts to less than significant levels. Resolution No. 95 -41 Page 4 of 7 Additionally, there is adequate area on the property to provide for the minimum number of parking spaces for vehicles required by the Development Code. In addition, the Traffic Study prepared for the Mitigated Negative Declaration found that the amount of parking provided on the site was adequate for the proposed use, based on Transportation Engineering industry standards. Therefore, the proposed project will not result in impacts to existing parking facilities or demands for new parking, and, as such, no mitigation measures have been required. Finally, the project may result in a small increase in traffic hazards to motor vehicles, bicyclists, or pedestrians, since the Lomita Sheriff's Station has reported a total of 26 accidents, at intersection of Western Avenue and Caddington Drive since 1990. In order to reduce any impacts to traffic hazards generated by the proposed project to less than significant levels, mitigation measures (as described in the attached Exhibit "All) have been incorporated into the project. Section 12: Since the proposed project will not create a significant additional demand or require the expansion of existing police, fire, schools, parks or other recreational facilities, maintenance of public facilities (including roads), or other governmental services, impacts to these agencies with respect to Public Services is not considered significant, and no mitigation measures have been required. Section 13: Since the proposed improvements will not significantly increase existing demand for fuel, the proposed project is not expected to result in a significant impact on Energy, or result in the use of substantial amounts of fuel or energy beyond those levels currently existing. Consequently, no mitigation measures have been required. Section 14: The proposed project will not result in the need for new systems, or substantial alterations to existing utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal. For this reason, no mitigation measures have been required with respect to Utilities. Section 15: While construction of the proposed improvements will not impair views from any protected viewing area as defined by the City's Development Code, the subject property is located along Western Avenue, which is defined by the City's General Plan as a Vehicular Corridor with Adjacent Land Areas to be Restored. The Resolution No. 95 -41 Page 5 of 7 construction of the proposed Classroom/Administrative office Complex, re -configuration and re -surfacing of the parking lot at the front of the property, as well the inclusion of generous landscaping throughout the site will also improve the visual quality of the site. For these reasons, no mitigation measures have been required with respect to Aesthetics. Section 16: Since the proposed project will not result in the demand for new recreational facilities and/or expansion of existing programs beyond planned capacities, no significant impacts will occur to Recreation. Therefore, no mitigation measures have been required with respect to Recreation. Section 17: Since the proposed project site has been identified to lie within an area of high archeological sensitivity, and that within the immediate project area there are several recorded archeological sites, mitigation measures (as described in the attached Exhibit "All) have been required to reduce these impacts to less than significant levels. Section 18: For reasons discussed in the Initial Study, which is attached hereto by reference, the proposed Classroom/Administrative Office expansion would not affect any habitats for fish or wildlife; nor will it threaten animal or plant communities since no removal of existing vegetation or habitat areas will occur. Therefore, no significant impacts to these resources would be created through the implementation of this project. Section 19: For reasons discussed in the Initial Study, which is attached hereto by reference, the project would not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals. Section 20: For reasons discussed in the Initial Study, which is attached hereto by reference, the project would not have impacts which are individually limited, but cumulatively considerable. Section 21: For reasons discussed in the Initial Study, which is attached hereto by reference, the project would not have environmental impacts that will cause substantial adverse effect on human beings, either directly or indirectly. Resolution No. 95 - 41 Page 6 of 7 Section 22: The applicant has consulted the lists prepared pursuant to Section 65962.5 of the Government Code and has submitted a signed statement indicating whether the project and any alternatives are located on a site which is included on any such list, and has specified any such list. The Lead Agency has consulted the lists compiled pursuant to Section 65962.5 of the Government Code, and has certified that the development project and any alternatives proposed in this application are not included in these lists of known Hazardous Waste and Substances Sites as compiled by the California Environmental Protection Agency. Section 23: The time within which 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. Section 24: For the foregoing reasons and based on information and findings included in the Initial Study, Staff Reports, Minutes and records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No. 671 in conjunction with Conditional Use Permit No. 116 - Revision "All for an 18,722 square foot Classroom/Administrative Office Complex at 28850 Western Avenue, subject to the mitigation measures contained in the attached Exhibit "All - Mitigation Measures and Exhibit "B" - Mitigation Monitoring Program, which contain the mitigation measures necessary to protect the public health, safety and welfare. PASSED, APPROVED AND ADOPTED this 24th day of October, 1995 by the following vote: AYES: Commissioners Alberio, Ferraro, Vannors I , Whiteneck, and Acting Chair NOES: None Hayes ABSTENTIONS: None ABSENT: Commissioner Wa."�./' Sonj Pelyrson Hayes, e (=Vg) Chairperson Bret - Be nand Di*ctor of Planning, Build g an Cod y Enforcement, and Secretary t the Commission DSK#116[XKIEA671 RES Resolution No. 95 - 41 Page 7 of 7 EXHIBIT "All MITIGATION MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 671 CHRIST LUTHERAN CHURCH 28850 WESTERN AVENUE 1. Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building, and Code Enforcement, that the dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements which require watering for the control of dust. 2. construction equipment shall be fitted with emission control devices and be kept in proper tune. 3. The project applicant shall comply with all applicable rules and regulations of the SCAQMD including regulation XV and applicable AQMP control measures as they are implemented. 4. The hours of construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall be permitted on Sunday or on legal holidays. 5. All mechanical construction equipment shall be kept well tuned and, where possible, shall be equipped with muffler devices. 6. All exterior lighting shall be shielded and directed downwards to prevent direct illumination of, or towards, neighboring residential and commercial properties. 7. An application shall be submitted to Caltrans to expand the southbound left hand turn lane on Western Avenue at Caddington Drive, if deemed to be necessary.-, Securities shall be posted with the City in an amount determined by the Director of Public Works. 8. The City's traffic consultant will review the line of sight issues and the applicant shall follow any recommendations including, but not limited to, modification to the landscaping adjacent to the street along the property's frontage and installation of signage at a proper height that will provide appropriate visibility as a condition of development. Environmental Assessment No. 671 Mitigation Measures 9. A certified and professional archeologist shall be present during the grading for the project. The grading for the project shall cease pending any findings made by the professional archeologist. Any findings made shall be immediately referred and/or submitted to the Director of Planning Building and Code Enforcement for further review. 10. The site shall be landscaped in accordance with all requirements of Sections 17.25.030 (Al) and 17.36.073 (L) of the Rancho Palos Verdes Development Code. In the event that one requirement differs over another, the stricter shall apply. (A DSK#16[KKIEA671 EXA) page 2 • L� CHRIST LUTHERAN CHURCH MITIGATION MONITORING PROGRAM PREPARED IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 671 FOR CONDITIONAL USE PERMIT NO. 116 - REVISION "A" CHRIST LUTHERAN CHURCH/28850 S. WESTERN AVENUE OCTOBER 24, 1995 TABLE OF CONTENTS I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . 2 11 Management of the Mitigation Monitoring Program ......................... 3 Roles and Responsibilities ......................... .. ............. 3 Mitigation and Monitoring Program Procedures ......................... . 3 Mitigation Monitoring Operations ..................... .... .......... 4 Ill. Mitigation Monitoring Program Checklist ............................ .. .. 5 IV. Mitigation Monitoring Summary Table ...... .. ... .................. .6 Page 1 of 8 0 im 01111111.101 • This Mitigation Monitoring Program (MMP), for the expansion of the existing automobile service station located at 28850 Western Avenue in the City of Rancho Palos Verdes, responds to Section 21081.6 of the Public Resources Code. Section 21081.6 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. ENVIRONMENTAL PROCEDURES 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. 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." 0 0 11. 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. 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. 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. E MITIGATION MONITORING OPERATIONS • The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: 1 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 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. 0 0 MITIGATION MONITORING PROGRAM .. y INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on October 24, 1995. Any mitigation measures or portions of mitigation measures that have been changed from those presented in the Initial Study/Mitigated Negative Declaration are shown with underline (new text) and/or strikeouts (old text) The changes made during the public review process and approved by the Planning Commission do not have an environmental effect and do not change the conclusions of the environmental analysis in the Mitigated Negative Declaration. They have been made to: reflect more stringent standards or more accurate information, and/or more accurately reflect the appropriate method of timing, responsibility, compliance or penalties. 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. Page 5 of 8 OF z O W r r O z F LU CL W y J z O O z O v Q V O cc IL 0 z rr O Z 2 z O CD R. 4- O CQ cU cn co a. 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