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PC RES 1998-02011 P.C. RESOLUTION NO. 98-20 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 700, CONDITIONAL USE PERMIT NO.8 - REV. "C" AND GRADING PERMIT NO. 1991 TO ALLOW THE CONSTRUCTION OF A NEW 4,039 SQUARE FOOT STRUCTURE WITH ASSOCIATED GRADING AT THE EXISTING MOUNT OLIVE LUTHERAN CHURCH SITE LOCATED AT 5975 ARMAGA SPRING ROAD. WHEREAS, on November 11, 1997, the Mount Olive Lutheran Church submitted applications for Conditional Use Permit No 8 - Revision C, Grading Permit No 1991, and Environmental Assessment No 700 to the City, and, WHEREAS, the Institutional zoning district in which the subject property is located allows for the continued use of the subject property as a religious and educational 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, there is no substantial evidence that the approval of Conditional Use Permit No. 8 - Revision B 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 March 23, 1998 and distributed for circulation and review from March 28, 1998 through April 18, 1998, 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 May 26, 1998, 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 would permit the construction of a new 4,039 square foot structure, which includes an assembly hall, administrative offices, restrooms, a kitchen, and a storage area; and a total of 385 cubic yards of grading activity (340 cubic yards of cut and 45 cubic yards of fill), with a 4 5' deep cut, to the Mount Olive Church located at 5975 Armaga Spring Road The Planning Commission finds that the proposed project 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 In making this finding, the Planning Commission considered the project's two mitigation measures that address the issue of odors from the proposed new kitchen, and the project's affect on the parking. Section 2: 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 and educational purposes the new structure will not significantly impact the existing Land Use Section 3: Since the project site is relatively flat and the proposed project will only affect an existing minor (25%) slope, the proposed project will not result in significant adverse affects to topography, destruction, covering, or modification of unique geologic or physical features, impacts to archeological or paleontological resources, increases in wind or water erosion of soils, or expose the students or staff of the preschool facility to seismic ground failure, landslides, or other known hazards The project will not result in a significant effect on site drainage, surface run-off, groundwater or water movements, affect any plant or animal species or result in the removal of any sensitive Plant Life or Animal Life, or create a wasteful or inefficient use of the energy already being consumed on the site Further the project will not result in negative aesthetic effects to the surrounding neighborhood or impact a scenic vista or highway Section 4: Although the total number of vehicle trips to the site will increase with the increase in building area and use, because the on-site uses are occupied at different times, the number of vehicle trips at any one point will not exceed that which currently exists, and therefore is not significant to create adverse impacts to circulation patterns, parking capacity, or traffic congestion. Because the increase number of vehicle trips per day will not be significant, the project will not result in an impact to local air quality standards, or expose sensitive receptors to pollutants Section 5: The addition of a new kitchen may cause some objectionable odors However, to ensure that these odors do not create significant impacts a mitigation measure has been added that will ensure that venting of the kitchen facilities will be of a high quality to ensure optimum dispersal of cooking odors Section 6: Absent of the fact that the on-site uses (existing and proposed) will be occupied at different times, there may otherwise be some impacts to the on-site parking facility To ensure that the uses are operated at different times, as proposed, a mitigation measure has been added to monitor the on-site uses to ensure that there will be no significant impacts to on- site parking Section 7: 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 The project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services The 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 Further, the project will not result in the demand for new recreational facilities because the project site has an existing playground that is utilized by the students of the preschool P C Resolution No 98-20 Page 2 of 3 Section 8: 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, nor would the project have impacts which are individually limited, but cumulatively considerable Section 9: 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 10: Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17 60 060 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 May 26, 1998, the date of the Planning Commission final action Section 11: 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. Therefore, the Planning Commission hereby adopts the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No 700 to allow the Mount Olive Lutheran Church, located at 5975 Armaga Spring Road, to add a proposed 4,039 square foot Assembly Hall with associated grading PASSED, APPROVED, and ADOPTED this 26th day of May 1998 by the following roll call vote AYES Cartwright, Alberio, Vannorsdall, Slayden, Lyon, Paris NOES None ABSTENTIONS None ABSENT Clark Ark wrence E Cla Chairman Joel R jas, AICP Acting/Director of Plan in uilding, and -Code Enforcement; and, Secretary to the Planning Commission P C Resolution No 98-20 N:\GROUP\PLANNING\RESOS\PC\REEA700.PC Page 3 of 3 Exhibit A Mitigation Monitoring Program Project: Environmental Assessment No 700/Conditional Use Permit CUP No 8 - Revision "C"/Grading Permit No 1991 Location: 5975 Armaga Springs Road, Rancho Palos Verdes, CA 90275 Applicant: L A Young and Associates, Inc Landowner: Mount Olive Lutheran Church TABLE OF CONTENTS I Introduction ........ . . I ......... 2 11 Management of the Mitigation Monitoring Program ............ 3 Roles and Responsibilities ...... ... ......... 3 Mitigation and Monitoring Program Procedures ......... 3 Mitigation Monitoring Operations ... I ........ 3 III Mitigation Monitoring Program Checklist. ........... 5 IV. Mitigation Monitoring Summary Table ..... ......... 6 a Mitigation Monitoring Program Exhibit A - Page 1 P.C. Resolution No 98-20 1. INTRODUCTION PURPOSE • This Mitigation Monitoring Program (MMP), for the construction of a new 4,039 square foot structure, 385 cubic yards of grading activity (340 cubic yards of cut and 45 cubic yards of fill), and a 4 5' deep cut, at the existing Mount Olive Lutheran Church, in the City of Rancho Palos Verdes, responds to Section 210816 of the Public Resources Code. Section 210816 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 210816 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 protect 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 " Mitigation Monitoring Program Exhibit A - Page 2 P.C. Resolution No 98-20 Ll i� 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 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 Mitigation Monitoring Program Exhibit A - Page 3 P C Resolution No 98-20 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. Mitigation Monitoring Program Exhibit A - Page 4 P C Resolution No 98-24 III. MIMATION MONITORING PROGRAM ACKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on May 26, 1998 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 N1GROUPIPLANNINGIRESOS\PC\RESEA700 MMP Mitigation Monitoring Program Exhibit A - Page 5 P C Resolution No 98-20 MITIGATION MEASURES TYPE L TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION ......................... .. .... ........ . ............ . .............. ............... .. .......... ...... ....... ...... .... ..... ... ... ..... .. ........ ......... . ........ ....... ........... .......... . ................... ................... .......... . ...... ...... ........ ....... 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 .......... ...... ......................... ........... . . ` W . . . ...... .......... 0" RAN0040 ............... The Mount Olive Lutheran Church parking plan is Operational Annual Review Applicant/City based on the on-site uses occurring at times which will ensure that there is sufficient parking on site The parking plan shall be reviewed on an annual basis by the Director of Planning, Building, and Code Enforcement, for a period of not more than three (3) years. A fee equivalent to the amount of a Site Plan Review Application shall be submitted for each review The annual review will focus on the previous year's operations, and the upcoming year's operations. 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 Directors 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 new assembly hall structure will cease to be operated at 11 thp gi ihwprt Sitp Mitigation Monitoring Program Exhibit A - Page 6 P C Resolution No 98-20 I W,