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PC RES 1997-001A 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. 683 FOR CONSTRUCTION OF AN 8,616 SQUARE FOOT CLASSROOM ADDITION AND AN 11,524 SQUARE FOOT SANCTUARY ADDITION, AND REMEDIAL GRADING AT THE EXISTING CONGREGATION NER TAMID'S RELIGIOUS FACILITY LOCATED AT 5721 CRESTRIDGE ROAD. WHEREAS, on September 14, 1976, the Planning Commission of the City of Rancho Palos Verdes approved Conditional Use Permit No. 17, Variance No 8, Grading Application No. 83, and Environmental Assessment No 296 to allow the construction of a 7,304 square foot classroom building and a 6,640 square foot sanctuary building The variance was approved for a reduced side yard setback and for a reduction in the number of required parking spaces The approval also referenced a Phase II Social Hall of undetermined size. These approvals were for Congregation Ner Tamid at the subject location of 5721 Crestridge Road, and, WHEREAS, on March 18, 1996, the Congregation Nee Tamid submitted applications for Conditional Use Permit No 17 - Revision A, Variance No. 408, Grading Application No 1874, and Environmental Assessment No 683 to the City, and, WHEREAS, the Institutional/Open Space Hazard zoning district in which the subject property is located allows for the continued use of the subject property as a religious facility, as well as for the expansion of the facilities for related uses, 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 into the Negative Declaration and project approval, there is no substantial evidence that the approval of Conditional Use Permit No 17 - Revision A, Variance No 408, and Grading Application No 1874 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 on November 14, 1996 and distributed for circulation and review from November 18, 1996 through December 9, 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 12, 1996, December 10, 1996 and January 14, 1997, 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 1: This application involves the construction of an 8,616 square foot addition to an existing 7,304 square foot classroom building and an 11,524 square foot addition to an existing 6,640 square foot sanctuary building, and remedial grading to accommodate the proposed construction The Planning Commission finds that the proposed protect, as mitigated, would not result in any significant adverse environmental impacts in addition to or beyond those already associated with the existing Institutional/Religious use of the site Section 2. As submitted, the proposed protect 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, nor will the work occur on a site of filled land or on a slope of 10 percent or more. 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 projects. Section 3. The proposed project will require remedial grading consisting of the removal and recompaction of earth under the proposed building footprints Since the proposed project will require only remedial grading consisting of removal and recompaction of the soil, when reviewed in accordance with "Appendix G - Significant Effects" of the State CEQA Guidelines, the proposed project will not result in significant adverse affects resulting from changes in topography, destruction, covering, or modification of unique geologic or physical features, increases in wind or water erosion of soils, either on or off the site, or changes in deposition or erosion of beach sands Section 4- The proposed sanctuary addition includes a proposed 1,795 square foot kitchen area. The Initial Study had identified some potential objectionable odors from the proposed cooking facilities However, Mitigation Measures have been added to ensure that any potential impacts will be insignificant Additionally, Mitigation Measures have been incorporated which require all mechanical equipment to be properly tuned to prevent Page 2 of 6 excessive emissions during construction Section 5 When reviewed in accordance with "Appendix I - Significant Effects" 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 will require remedial grading, the topography will be returned to relatively existing conditions, and therefore should not result in the disturbance of any current physical earth features which would affect water and/or drainage However, to ensure that there will be no significant impact, a Mitigation Measure has been added that requires the applicant to submit a drainage plan for review and approval Section 6 Since the proposed construction site is either entirely paved with an asphalt surface, or is an existing lawn, construction of the proposed project would not involve the removal of any sensitive Plant Life or Animal Life, nor would it affect any plant or animal species. Therefore, no Mitigation Measures have been required with respect to this aspect of the project. Section 7 Since the subject property, including the proposed and existing improvements, will continue to be used for religious 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. However, due to the short term impacts to noise associated with the grading and construction of the new additions, 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 Section 8 The Initial Study identified potential impacts to Light and Glare which may result due to the proposed location of additional exterior lighting. In order to reduce such impacts to less than significant levels, Mitigation Measures which require the City's review of the final lighting installation have been added. Section 9- The subject property is currently zoned for Institutional purposes, and is also designated on the City's General Plan maps for Institutional/Religious purposes. Since the site will continue to be used for religious 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 religious activities, no significant adverse impacts are anticipated with respect to Natural Resources Consequently, no Mitigation P C Resolution No 97-1 Page 3 of 6 Measures have been imposed with respect to this aspect of the protect Section 11 - Since the proposed construction and continued use of the subject property for religious 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. 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 potential generation of substantial additional vehicular movement and effects on existing parking facilities However, since the proposed project is to provide for a more comfortable and efficient facility, and not increase the size (number of parishioners) of the existing parish, the proposed project will not pose any significant impacts However, to ensure that the proposed project is operated as such and that there will not be any significant impacts, Mitigation Measures have been imposed Consequently, the potential impacts to Traffic/Circulation have been determined to be less than significant 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 with respect to this aspect of the project 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 Therefore, no Mitigation Measures have been imposed in this area. 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 religious Page 4of6 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 Initial Study identified potential impacts to Aesthetics resulting from proposed rooftop mechanical equipment However, Mitigation Measures have been added to ensure that the mechanical equipment will be shielded from view and will not cause a significant aesthetic impact. In addition, materials for the proposed structure will be compatible with the materials used on the existing buildings, and will be similar in architectural style to the Sanctuary building 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. Section 19. The proposed project will not result in the demand for new recreational facilities and/or expansion of existing programs beyond planned capacities, and as such, 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 has been previously identified as 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 P C Resolution No 97-1 Page 5of6 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 January 14, 1997, 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 protect 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. 683 for construction of an 8,616 square foot classroom addition and an 11,524 square foot sanctuary addition and remedial grading on the Congregation Ner Tamid's property located at 5721 Crestridge Road, 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 14th day of January 1997 by the following roll call vote AYES Commissioners Alberio, Whiteneck, and Vice Chairman Vannorsdall NOES None ABSTENTIONS Commissioners Cartwright and Ng ABSENT Chairman Clark Lawrence E Clark Chairman Carolynn P tru Director of Planning, Building, and Code Enforcement; and, Secretary to the Planning Commission P C Resolution No. 97- i N.\GROUP\PLANNING\RESOS\PC\RESEA683 PC Page 6 of 6 Project: Location: Applicant: Landowner: Exhibit A Environmental Assessment No 683/Conditional Use Permit CUP No 17 - Revision A/Variance No 408/Grading Application No. 1874 5721 Crestridge Road, Rancho Palos Verdes, CA 90275 Richard Landry, AIA, Landry Design Group Congregation Ner Tamid 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 ...... ...... ...... 3 III Mitigation Monitoring Program Checklist ... 5 IV. Mitigation Monitoring Summary Table ..... ...... ... 6 P C Resolution No 97-1 Page 1' of 8 0 This Mitigation Monitoring Program (MMP), for the construction of an 8,616 square foot addition to an existing 7,304 square foot classroom building and an 11,524 square foot addition to an exiting 6,640 square foot sanctuary building, and remedial grading at the Congregation Ner Tamid property located at 5721 Crestridge Road, 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 MITIGATION MONITORING PROGRAM REQUIREMENTS 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 " P.C. Resolution No 97-1 Page 2 of 8 II. 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 MITIGATION MONITORING PROGRAM PROCEDURES 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 Mitigation Monitoring Program Files 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 MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure 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 P C Resolution No 97-1 Page 3 of 8 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 P C Resolution No 97-1 Page 4 of 8 III. Mitt ATION MONITORING PROGRAIPHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on January 14, 1997 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 N \GROUP\PLANNING\RESOS\PC\RESEA683 MMP P C Resolution No. 97-1 Page 5of8 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION All mechanical equipment shall be properly tuned Operational During Construction Applicant to prevent excessive emissions during construction Subject to review and approval by the Director of Project Design/ Prior to issuance of building Applicant Planning, Building and Code Enforcement, the Operational permits/During and after applicant shall be responsible to insure that venting construction of the kitchen facilities will be of a high quality that will ensure optimum dispersal of cooking odors Ventilation equipment shall be directed away from the residential structures located on the ridge to the south of the subject site. . ..... .. -7777 The applicant shall submit a drainage plan for Project Design/ Prior to issuance of Grading Applicant review and approval by the Director of Public Operational Permits Works. The plans shall ensure that there will be no substantial impacts to absorption rates, drainage patterns, or rate and amount of surface water runoff . . ............... ........ ...... .... ..... "IN The hours of construction shall be limited to 8:00 Construction During construction Applicant a.m. to 5:00 p m , Monday through Saturday No City construction shall be permitted on Sunday or on legal holidays .... ..... ..... MEAN .. . ............... . ........ All exterior lighting, either decorative or security, Operational/ Ongoing Applicant shall be directed downward to shield it from Project Design adjacent property and to prevent glare to motorists and shall conform to City standards. 0 . - 0 on # a MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION The applicant shall be required to obtain the Project Design Prior to issuance of building Applicant/City Director of Planning, Building and Code permits Enforcements approval on the final lighting design Once the lighting is installed, the Director shall Operational Prior to Certificate of Use and ApplicanttCity determine if the lighting needs to be adjusted Occupancy and/or removed to ensure that there will be no significant impacts to the surrounding properties I ....... .. ... ... �x":Hxx :X XXX: ;;: : ...... XXXXX X 1. C I �,'U U AT. XXX�� AN KWION -TIQ ......... xxxx.... ............. The Congregation Ner Tamid parking plan shall be Operational Annual Review Applicant/City reviewed on an annual basis by the Director of Planning, Building and Code Enforcement. A fee equivalent to the amount of a Site Plan Review Application shall be submitted for such review The annual review will focus on the previous year's operations, and the upcoming year's schedule of events, If it is determined by the Director that there are parking or circulation impacts occurring or that may occur as a result of the proposed project/use, then the applicant shall be responsible for mitigating such impacts to the satisfaction of the Director The applicant may appeal the Director's decision to the Planning Commission If it is determined by the Planning Commission that the potential impacts have not been mitigated to a level of insignificance, then the CUP shall be revoked, and the use of the sanctuary addition and/or classroom addition will cease to be operated at the subject site P.C. Resolution No 97-1 Page 7 of 8 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE I IMPLEMENTATION ENTITY VERIFICATION ES CS The applicant shall show how the proposed Project Design Prior to issuance of building ApplicanttCdy mechanical equipment will be shielded from view, permits. on-site and off-site, including those properties located at an elevation higher than the proposed project The applicant shall pay the necessary fees for an Operational Prior to issuance of a Applicant/City on-site inspection by the Director of Planning, Certificate of Use and Budding and Code Enforcement to ensure that the Occupancy proposed mechanical equipment is aesthetically shielded from view. The applicant shall be responsible for making any changes necessary as determined by the Director of Planning, Building, and Code Enforcement to ensure that there will be no aesthetic impacts from the mechanical equipment. St3UR,.:.:.....::..:...._...: .:.::.........::.:.::::::.. The applicant shall obtain a review by the University Construction Prior to issuance of Grading Applicant/City of California, Los Angeles (UCLA), to determine if Permits, and on-going during the subject site is located in the proximity of a grading activity. known pre-histonc or historic archeological site If it is determined by UCLA that the site is located in the proximity of a known pre-historic or historic archeological site, then the applicant shall be required to have a qualified archeologist on site during any grading operations If evidence of archeological resources is found during site grading activity, all grading and related activities shall cease and a qualified archeologist shall be consulted to assess the significance of the resource and to P.C. Resolution No. 97-1 •.,6- : s'