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PC RES 1996-0400 0 P.C. RESOLUTION NO. 96-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 679 FOR A TWO LOT SUBDIVISION OF AN EXISTING 39,757 SQUARE FOOT LOT, AND GRADING TO ACCOMMODATE A NEW DRIVEWAY, RETAINING WALL AND LARGER BUILDING PAD, LOCATED AT 5901 CLINT PLACE WHEREAS, on June 27, 1995, the applicant submitted applications for Tentative Parcel Map No 24297/Environmental Assessment No. 679, and on October 27, 1996 an application for Grading No 1844 was submitted to the City, and, WHEREAS, on April 2, 1996, the City Council of the City of Rancho Palos Verdes approved Tentative Tract 24423 - Amendment 1, to allow the relocation of an existing easement at 5901 Clint Place, and, WHEREAS, the RS -5 zoning district in which the subject property is located allows for the proposed subdivision and grading, 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures in to the Negative Declaration and project approval, there is no substantial evidence that the approval of Tentative Parcel Map No 24297 and Grading Permit No. 1844 would result in a significant adverse effect on the environment Accordingly, a Draft Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law, and, WHEREAS, the Initial Study was prepared and distributed for a 21 -day circulation and review period from September 23, 1996 through October 14, 1996; 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 "A", and, WHEREAS, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the Planning Commission of the City of Rancho Palos Verdes held a public hearing on November 26, 1996, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS Section. This application involves the proposed subdivision of an existing 39,757 square foot parcel into two parcels and grading to accommodate a new driveway, retaining wall and larger building pad. The Planning Commission finds that the proposed project, as mitigated, would not result in any significant adverse environmental impacts in addition to or beyond those already associated with the existing Residential use of the site and neighborhood Section 2. 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, changes in scenic views of vistas from existing residential areas or public lands or roads, 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. Finally, the project will not require the use or disposal of potentially hazardous materials, changes in the demand for municipal services, increased fossil fuel consumption, or affect any relationship to a larger project or series of protects Accordingly, no mitigation measures have been required to address these issues. Section 3- The proposed project will require grading for the construction of a new driveway, a maximum T-0" high retaining wall along the northerly property line, and a new building pad The Initial Study for the proposed project identified potential impacts resulting from unstable earth conditions or changes in geologic substructures, from disruptions, displacement, compaction, or overcovering of the soil, and from exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards As a result of impacts resulting from the unstable earth conditions, Mitigation Measures have been imposed which require the landowner to comply with all recommendations and requirements, if any, of the City Geologist and the Building Official Section 4• It has been determined that the proposed project will not result in significant changes to Air Quality with respect to air emissions or deteriorations of ambient air quality, the creation of objectionable odors, or alterations of air movement, moisture or climate Although impacts to Air resulting from the proposed project have been determined to be less than significant, Mitigation Measures have been incorporated which require all mechanical equipment to be properly tuned to prevent excessive emissions during construction Section 5 When reviewed in accordance with "Appendix I - Significant Effects" P C Resolution No. 96-40 Page 2 of 6 of the City's Local CEQA Guidelines, the project will not have a significant effect on the environment with respect to Water. Although the proposed construction of the driveway, retaining wall, and building pad will require grading, the topography will be returned to relatively existing conditions, and therefore will not result in the disturbance of any current physical earth features which would affect water and/or drainage Section 6. Since the site contains annual grasses and ornamental plantings (small shrubs and trees), construction of the proposed project would not involve the removal of any sensitive Plant Life or Animal Life, nor would it significantly affect any plant or animal species Section 7. Due to the short term impacts to noise associated with the grading, Mitigation Measures have been imposed which limit the hours of construction and reduce impacts to Noise resulting from the project to less than significant levels Since the subject property, including the proposed and existing improvements, will continue to be used for residential purposes which is a typically a low noise generating use, the proposed project will not result in the exposure of people to severe noise levels beyond those existing on the property 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 the existing and proposed uses on the site or exposure to people to severe noise levels, is not considered a significant impact Section 8* The Initial Study identified potential impacts to Light and Glare which may result due to the future residential structure However, the interior and exterior lights on the property will be no more intense than the existing light from the adjacent residential properties As such, the impact is not considered potentially significant. Section 9 The subject property is currently zoned for residential purposes, and is also designated on the City's General Plan maps for residential purposes. Since the site will continue to be used for residential purposes and no change in the planned land use is anticipated, the proposed construction will not significantly impact Land Use, and no Mitigation Measures have been required Section 10. For purposes of the Initial Study, it was determined that a significant impact would occur if implementation of the proposed project would encourage activities which would result in the use or waste of a large amount of fuel, water, or energy Since the subject property will continue to be used for residential activities, no significant adverse impacts are anticipated with respect to Natural Resources Consequently, no Mitigation Measures have been imposed Section 11 Since the proposed construction and continued use of the subject property for residential purposes is not expected to result in the creation or need for any disposal of any hazardous waste materials, impacts to the Risk of Upset resulting from the proposed project are considered less than significant. Page 3 of 6 Section 12. 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 13• The Initial Study identified potential impacts to Transportation/Circulation with respect to the increase in traffic hazards to motor vehicles, bicyclists or pedestrians However, since the proposed project has addressed this issue through project design the potential impacts to Traffic/Circulation have been determined to be less than significant A mitigation measure requiring traffic control devices (signage and/or mirrors) is added to the project. Section 14. The proposed project will not create a significant additional demand for fire or police protection or require the expansion of existing schools, parks or other recreational facilities, maintenance of public facilities (including roads), or other governmental services. Therefore impacts to these services and agencies with respect to Public Services is not considered significant, and no mitigation measures have been required Section 15- The proposed construction would not generate a significant demand on existing fuel or energy sources Although the installation of new connections may be required, the site is already served by all the necessary utilities and therefore will not result in the use of substantial amounts of fuel or energy, nor substantial increases in the demand upon existing sources of energy. Section 16. The proposed project will not result in the need for new systems, or substantial alterations to 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 17 The proposed construction and continued use of the site for residential purposes will not require the use of any chemicals or other hazardous materials which may adversely impact human health, or expose people to potential health hazards For this reason, the proposed project will not significantly adversely impact Human Health Section 18- The proposed project includes a 7'-0" high retaining wall that will be seen primarily only by the subject property owner Consequently, although the proposed construction will result in changes to the current appearance of the property, the new facilities will not significantly adversely impact Aesthetics, and no Mitigation Measures are required. Section 19. The proposed project will not result in the demand for new recreational P C Resolution No 96-40 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 20 Since the project site is located within an area which may be a potential site for archaeological and/or other significant cultural resources, Mitigation Measures have been imposed which require the landowner to comply with all recommendations and requirements of the Archaeological Information Center located at the Fowler Museum at the University of California. Section 21. For reasons discussed in the Initial Study, which is incorporated herein by reference, the project would not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals Section 22 For reasons discussed in the Initial Study, which is incorporated herein by reference, the project would not have impacts which are individually limited, but cumulatively considerable Section 23 For reasons discussed in the Initial Study, which is incorporated herein by reference, the project would not have environmental impacts that will cause substantial adverse effect on human beings, either directly or indirectly Section 24 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 25: Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17.56.070 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 November 26, 1996, the date of the Planning Commission final action Section 26: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study, Staff Reports, minutes, and records of the proceedings, the Planning Commission has determined that the project as conditioned and mitigated will not result in a significant adverse impact on the environment because all of the potential significant adverse environmental impacts have been reduced to an less than significant levels. Therefore, the Planning Commission hereby adopts Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No 679 for the subdivision of an existing Resolution No 96-40 Page of . 39,757 square foot lot into two parcels, the grading of a new driveway and building pad, and the installation of a maximum T -W high retaining wall, for the property located at 5901 Clint Place, subject to the mitigation measures contained in the attached Exhibit "A" - Mitigation Monitoring and Reporting Program, which contains conditions and mitigation measures necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 26th day of November 1996 by the following roll call vote - AYES Commissioners Cartwright, Franklin, Ng, Whiteneck, Vice Chairman Vannorsdall, and Chairman Clark 2101�*] ABSTENTIONS ABSENT. Commissioner Alberio Lawrence E Clark Chairman Carolynn Pefru Director of Planning, Building, and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No. 96- 40 N 1GROUP\PLANNING\RESOS\PC\RESEA679 PC Page 6 of 6