PC RES 1999-012P.C. RESOLUTION NO. 99-12
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. 701, SPECIFIC
PLAN AMENDMENT NO. 10, CONDITIONAL USE
PERMIT NO. 204 AND GRADING PERMIT NO. 2044
TO ALLOW THE CONSTRUCTION OF A NEW 4,000
SQUARE FOOT AUTOMOTIVE SERVICE USE
STRUCTURE AND A 2,240 SQUARE FOOT
RETAIL/RESTAURANT STRUCTURE WITH
ASSOCIATED GRADING AND OTHER SITE
IMPROVEMENTS AT 29701 WESTERN AVENUE.
WHEREAS, on October 19, 1998, the project applicant, Rich Development
Company, with approval of the property owner Toso Corporation, submitted applications
for Specific Plan Amendment No 10, Conditional Use Permit No 204, and Grading Permit
No 2044 to the City; and,
WHEREAS, the Commercial -Retail zoning district and Specific Plan No III, in which
the subject property is located allow for the development of the subject parcel by
commercial type 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 Specific Plan Amendment No
10, Conditional Use Permit No 204 and Grading Permit No 2044 as mitigated 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 24, 1999 and distributed for
circulation and review from March 24, 1999 through April 22, 1999; and,
P C Resolution No 99-12
Page 1 of 4
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the Planning Commission, and prior to taking action on the proposed Specific Plan
Amendment No. 10, Conditional Use Permit No 204, and Grading Permit No. 2044, the
Planning Commission independently reviewed and considered the information and findings
contained in the Mitigated Negative Declaration and determined that the document was
prepared in compliance with the requirements of CEQA and local guidelines, with respect
thereto, 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 April 13, 1999 and April 27, 1999, 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 an Amendment to Specific Plan No. III,
whereas the setbacks for one specific parcel of land within the Specific Plan No III,
located at 29701 Western Avenue, shall be changed to 6' minimum front yard setback, 5'
minimum side yard (south side) setback, and 0' landscape buffer required along the south
and westerly property lines
Section 2: This application would also permit the construction of a new 4,000
square foot automotive use building, 2,240 square foot retail/restaurant building, 850 cubic
yards of grading, 33 parking spaces, improvements to the intersection at Summerland and
Western Avenue, landscaping and other site amenities.
Section 3: The subject property is currently zoned for Commercial -Retail
purposes, and is also designated on the City's General Plan maps for Commercial -Retail
purposes. Since the site will continue to be used for this purpose the new structure will
not significantly impact the existing Land Use
Section 4: Since the project site is relatively flat and the proposed project will
only affect a portion of the existing retaining wall, 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 occupants or visitors 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
P C Resolution No 99-12
Page 2 of 4
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site. Further the project will not result in negative aesthetic effects to the surrounding
neighborhood or impact a scenic vista or highway.
Section 5: Although the total number of vehicle trips to the site will increase with
the increase in building area and use, the project incorporates improvements to the
intersection of Western/Summerland, and therefore does not create significant 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 6: The project meets the required parking spaces and therefore there will
be no significant impact 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, as it is a commercial type use, which does not
generate this type of demand.
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
p
these lists of known Hazardous Waste and Substances Sites as compiled by the California
Environmental Protection Agency.
Section 10: 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
thep roject as conditioned and mitigated through the attached Mitigation Monitoring
Program (Exhibit A) will not result in a significant adverse impact on the environment.
Therefore, the Planning Commission hereby recommends that the City Council adopt the
Mitigated Negative Declaration making certain environmental findings in association with
g 9
P.C. Resolution No. 99-12
Page 3 of 4
Environmental Assessment No 701 to allow the a proposed 4,000 square foot Automotive
service use building and a 2,240 square foot retail/restaurant building with associated
grading and other site amenities
PASSED, APPROVED, and ADOPTED this 27th day of April 1999 by the following
roll call vote
AYES- Lyon, Alberio, Vannorsdall, Slayden
NOES Clark
ABSTENTIONS. None
ABSENT Cartwright, Paris
/Jon S Caftwrlght
Chairman
Joel R jas, AICP
irec r of Planni ilding,
a ode Enforcement, and,
Secretary to the Planning Commission
1WIASTADONIGREG PFOSTISPAI OIPC MND RESO DOC P.C. Resolution No 99- 12
Page 4of4
Exhibit A
Mitigation Monitoring Program
Project: Environmental Assessment No 701/Conditional Use Permit 204/Grading Permit No 2044
Location: 29701 Western Avenue, Rancho Palos Verdes, CA 90275
Applicant/: Applicant: Rich Development Company/Owner Toso Corporation
Landowner
TABLE OF CONTENTS
I Introduction
II Management of the Mitigation Monitoring Program
Roles and Responsibilities
Mitigation and Monitoring Program Procedures
Mitigation Monitoring Operations
III Mitigation Monitoring Program Checklist
IV Mitigation Monitoring Summary Table
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3
3
3
3
5
6
Mitigation Monitoring Program
Exhibit A - Page 1 P C Resolution No 99-12
0 s
1. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), is to allow the construction of a 4,000 square foot automotive service
use building and a 2,240 square foot retail/restaurant building, 850 cubic yards of grading, new landscaping, 33
parking spaces, improvements to the intersection of Summerland Avenue and Western Avenue, and other site
amenities, located at 29701 Western Avenue, 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 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 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 99-12
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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
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
UZ1r$=J1 15INH. . • • F I I I,
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, Budding, 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 • •• Program
Exhibit.t' 3 P.C. Resolution • I
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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 99-12
111. A GATION MONITORING PROGRAM RECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission of the City
of Rancho Palos Verdes on September 8, 1998. Mitigation measures are listed in the order in which they appear
in the Initial Study.
* Types of measures are protect 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 1GROUP\PtANNINGIRESOSIPC\RESEA700 MMP
Mitigation Monitoring Program
Exhibit A - Page 5 P C Resolution No 99-12
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
INRs.s..sGt41kt3Y............................................................................................................................................................................................. ........ ... :
;....... ... .................. .... ................
6 1 a) Prior to issuance of Building or Grading
...... .... ....
permits, subject to review and approval by the
Building Official and the City Geologist, the
developer shall ensure that all applicable conditions
as specified within the Geotechnical Report and all
measures required by the City Geologist are
incorporated into the project design.
6 1 b) All applicable Best Management Practices
(BMP's) required for all construction projects in the
City shall be incorporated into the project. The
BMP's shall include, but not be limited to material
delivery and storage, material use, spill prevention
and control, solid waste management; hazardous
waste management and sediment control Other
applicable BMP's will be required at the discretion
of the Director of Public Works in order to control
stormwater pollution
2 {NATER.
6.2a) Changing of automotive fuels and
maintenance on vehicles shall occur entirely within
the interior of the service bay.
6.2b) Prior to issuance ofradin� g� permits the
developer shall submit a Slon Water Pollution
Prevention Plan. The plan shall be reviewed and
approved by the Director of Public Works.
6.2b) Prior to the issuance of a Building Permit,
subject to review and approval by the ITrector of
Planning Building and Code Enforcement and the
Building bfficial, the plans shall show that the
service ba will include its own drainage system
connectedyto the site sewer line to ensure that there
will be no impacts to the site's water drainage
system
Mitigation Monitoring Program
Exhibit A -Page 6 P C Resolution No 99-12
r
10
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
:-4.3-A IR 00A ITY ......... ............. _ ............_ __ ......_ ...._ _ .................__ .............. _.._ ... _ _ ..._.. _ .......................... _............ __ _ ....._...... .
6.3a) During project grading the contractor shall
water the site and clean equipment morning and
afternoon to comply with Air Quality Management
Plan (AQMP) Fugitive Dust Measures BCM-03 and
BCM-06 The contractor shall water the
construction site and any unpaved haul roads twice
daily to reduce fugitive dust.
6.3b) Construction operations shall include that on-
site crews wash off trucks leaving the site to comply
with AQMP Fugitive Dust Measure BCM-01
6.3c) The general contractor shall sweep streets
daily if silt is carried over to adjacent public
roadways.
6.3d) The general contractor shall suspend
grading operations during first and second stage
smog alerts.
6.3e) The general contractor shall suspend all
grading operations when wind speeds (as
instantaneousgusts) exceed 25 miles per hour
6.30The general contractor shall maintain
i
construction equipment engines by keeping them
properly tuned
4:4 TRkl1[SPE3aATiOIICIRlE[ATION
6.4a) Prior to issuance of Building Permits, the
plans shall show minimum 5-foot radius curb
returns that shall be provided where the project on-
site aisleways intersect at an 90-
approximate
degreeangle, subject to review and approval of the
Public Works Director Prior to issuance of a Final
Building Permit, the developer shall be responsible
for re-paving the alley access.
Mitigation Monitoring Program
Exhibit A -Page 7 P C Resolution No 99-12
D
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MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
6.4b) Prior to issuance of anypermits, and subject
to
review and approval of the City Attorney, the
developer shall prepare and enter into revised
property easements for the proposed Summerland
accessway realignment
6.4c) Dunn gg construction, the developer shall
implement tfie following actions to ensure
�aedestrian safety 1) Los Angeles Unified School
Distnct Transportation Branch 227-4400
(323) must
be contacted regarding potential impacts if any
upon existing school bus routes School buses
must have access to Crestwood School, 2) the
developer shall ensure that safe and convenient
pedestrian routes to Crestwood School are
maintained, 3) the Developer shall maintain
ongoing communication with the administrator of
Crestwood School, providing sufficient notice to
forewarn children and parents when existing
pedestrian and vehicular routes to school will be
impacted, 4) appropriate traffic controls must be
installed
as needed to ensure pedestrian and
vehicular safety, 5) Construction scheduling and
haul be to
routes shouldd sequenced minimize
conflicts with pedestrians school buses and cars at
the arrival and dismissal Times of the school day.
Haul routes are not to be routed past Crestwood
School, except when school is not in session, 6) no
staging or parking of construction vehicles,
including vehicles to transport workers, shall be
permined on streets ad'acent to Crestwood School,
7) crossing uards and7or flag persons shall be
provided by he developer if safety of children is
compromised by construction related traffic; 8)
barriers and security personal shall be constructed
as needed to minimize tresppassing, vandalism,
short-cut attractions and attractive nuisances.
6 4d) The developer shall obtain encroachment
permits from Caltrans for any work to be completed
within the public right of way Additionally, the
developer shall be responsible for constructing
traffic signal modifications at the intersection of
Western Avenue and Summerland Avenue in
accordance with Caltrans requirements
Exhibit A - Page 8 Mitigation Monitoring Prograll
Resolution No
D
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
6 5a) Prior to issuance of a building permit, the
developer shall obtain all necessarryy approvals from
the Los Angeles
County Fire Department to ensure
that there will be no significant hazardous impacts
related to the storage or dispensin of flammable
liquids and materials associated with the automotive
use
6.6a) All project grading and construction shall be
restricted to the hours of 7am to 6 pm Monday
through Saturday No grading or construction shall
be allowed on Sunday or Federal holidays.
6.6b) Prior to issuance of a building permit subject
to review and approval by the Director of Planning,
Building Code Enforcement
and and the Building
Official, the plans shall show that the automotive
building is constructed of concrete or concrete
block, and that the ceiling of the automotive facility
shall be insulated to reduce noise that may escape
and disturb residents living at a higher elevation
than the facility;
proposed and that the main shop
area will not use an overhead open-air ventilation
system such as turbine fans; and any air
compressors for use with pneumatic tools shall be
enclosed within the facility or in separate
enclosures; and individual bay door openings shall
doors
not exceed 100 square feet each and bay,
shall be kept shut on all bays thaf are not in active
use, and the wall of the shop area opposite the bay
doors be
j
shall covered with an acoustically
absorbent material, and if the automotive shop is to
incorporate a rear or side doors, such doors shall
be solid core and fitted with a vinyl or rubber seal,
and no windows shall be located along the sides or
rear of the main shop area.
6 6c) Hours of operation of the auto service use
and use of pneumatic tools shall be restricted to
between the hours of 7am to 7pm, Monday through
Saturday. Hours of operation of the
retail/restaurant use shall be restricted to 7am to
10pm, Monday through Sunday
Mitigation Monitoring Program
Exhibit A -Page 9 P C Resolution No 99-12
10
MITIGATION MEASURES
TYPE
TIME OF
RESPONSIBLE
COMPLIANCE
IMPLEMENTATION
ENTITY
VERIFICATION
6 6d) The use of pneumatic tools shall be restricted
to the interior of the shop area In no case shall
pneumatic tools be used outside of the facility
6.6e) The operation of the automotive service
station use shall not cause noise exceeding 65
decibels to be audible at the property line of any
adjacent residential property.
All construction equipment shall have proper
Lreuired
ers and kept in proper working condition as
by the manufacturer
6J AESTETI:CS
6 7a) Prior to Issuance of Certificate of Use and
Occupancyy of any and all of the proposed
buildings, fhe developer shall request that the City
inspection
conduct an of the site to ensure that
there is no spill-over of ligght onto adjacent
properties. A trial period-of six months from
issuance of Certificate of Use and Occupancy for
assessment of exterior lighting impacts shall be
instituted At the the the
end of six-month period,
City may require additional screening or reduction in
intensity of any li ht that has been determined to be
bngh�.
excessively
6.7b) Prior to Issuance of Building Permits, the
developer shall show how all mechanical
equipment has been screened from public view
from Western Avenue and from other properties
that look down onto the subject site
6 7c) Prior to Issuance of Building Permits, the
developer shall show on the plans and provide a
sample of the proposed color for the flat roof
material. It shall be of a color that will ensure that
there will not be anyglare impacts to those property
owners located at a higher elevation than the roof,
and shall be of a color that is aestheticallyleasing
determined by the Director Planning, Vuilding
as of
and Code Enforcement.
Mitigation Monitoring Program
Exhibit A -Page 10 P C Resolution No 99-12
sl