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PC RES 1999-033P.C. RESOLUTION NO. 99-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING COASTAL PERMIT NO. 156, AND VARIANCE 448, TO ALLOW THE CONSTRUCTION OF A VARIOUS IMPROVEMENTS TO THE ABALONE COVE BEACH PARK. WHEREAS, on March 1, 1999, the City of Rancho Palos Verdes submitted an application for Coastal Permit No. 156 and Variance No 448, to allow the construction of various improvements to the Abalone Cove Beach Park, including a new parking lot, shade structures, restroom/storage structure, gate/guard structure, grading of approximately 14,182 cubic yards and other amenities to the existing Abalone Cove Beach Park located south of Palos Verdes Drive South, and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq , the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), a Mitigated Negative Declaration for the project has been submitted and adopted as found in P.C. Resolution No 99-32; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 24, 1999 and September 28, 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 DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS - Section 1: That the project is consistent with the Recreational land use assigned to the Abalone Cove site. The proposed project is consistent with the policies of the General Plan, including Policy 1 on Page 99, which indicates, "Provide access to all public recreational land" as the proposed project will improve access to the Abalone Cove site. Section 2: That, the proposed project is consistent with the applicable requirements of the Natural, Socio/Cultural, and Urban Overlay Control Districts because it is consistent with the purposes of each of these overlay control districts, such as "Maintain and enhance land and water areas necessary for the survival of valuable land and marine -based wildlife and vegetation", "Enhance watershed management, control storm drainage and erosion, and control the water quality of both urban runoff and natural water bodies within the City", "Preserve, protect and maintain land and water areas, structures and other improvements which have significant historical, archeological or P C. Resolution No 99-33 Page 1 of 8 cultural importance", "Provide for the designation, protection and maintenance of land and water areas and improvements which may be of unique scientific or educational value", "Preserve, protect and maintain land and water areas, structures and other improvements which are of significant value because of their recreational, aesthetic and scenic qualities, as defined in the visual aspects portion of the general plan and the corridors element of the coastal specific plan", and "Preserve, protect and maintain significant views and vistas from major public view corridors and public lands and waters within the City which characterize the City's appearance as defined in the visual aspects portion of the General Plan and the corridors element of the coastal specific plan". Section 3: That the purpose of the proposed project is to improve an existing public recreational facility by improving access for all persons, including those that may be physically challenged and are not able to currently access the subject site. The proposed development is in conformance with the coastal specific plan as the proposed project is consistent with the following policies and statements of the coastal specific plan Policy 9 (Page N-46), "Encourage developments within Coastal Resource Management Districts containing natural vegetation to revegetate with native matenal wherever clearing of vegetation is required", as the mitigation measures require that the Coastal Sage Scrub being removed be replaced at a ratio of 3 to 1. Page U-62, referencing Abalone Cove Beach Park, "The park currently has 147 parking spaces and is considering adding 125 temporary overflow spaces In the future, when Master Planning is completed more spaces should be added", and in reference to parking at Abalone Cove Beach Park, Page S5-9 indicates, "A parking analysis contained in the report establishes a 280 space capacity lima for lands in a reasonable proximity to these activities". These policies establish a need for the additional parking spaces. It is also the policy of the Coastal Specific Plan to "Facilitate justifiable coastal -dependent development in a manner that is compatible with the City and surroundings, while allowing a positive utilization of coastal resources" (Page U-18, Policy 2). The proposed project is consistent with this policy, as the project has been designed to be compatible with the existing surroundings at the subject site Another policy of the Specific Plan indicates, "Provide mitigating measures where possible to control surface runoff that might be degrading to the natural environment" (Page N-46, Policy 15) The proposed project is consistent with this policy as the project includes the installation of a new drainage system that will focus the on-site drainage into one system instead of allowing the drainage to flow freely into the ocean where it may cause damage to the marine environment as a result of the urban type pollutants associated with the run-off The proposed project's drainage system will include an oil/water separator that will remove oil and petroleum products from the runoff before being discharged, thereby improving the quality of the surface runoff Section 4: That the proposed development, which is located between the sea and the first public road, is in conformance with applicable public access and recreation policies of the Coastal Act as the proposed project only involves the construction of relatively minor additions and other site improvements and will not impede any existing trails or access points, but instead will actually allow for greater public use and access of the site for all P C. Resolution No 99-33 Page 2 of 8 members of the public as access to the site is being improved and additional parking spaces are being constructed. Section 5: A Variance to allow the proposed new structures to be constructed within the Coastal Setback Zone can be approved as there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district as the subject property. Specifically the existing site is public property, owned by the City, and used as a beach and for other public recreational purposes The existing structures and other improvements have already exceeded the allowable building requirements of the Coastal Permit, and given that the subject use will be of a benefit to the general public by providing enhanced access to this valuable public resource, the subject public use does not apply generally to other properties in the same zoning district. Section 6: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district, as the Coastal Specific Plan discusses the need for additional parking spaces at the Abalone Cove site and other improvements to accommodate a public need, and the variance to construct additional new structures to adequately service the public need at this facility is necessary for the preservation and enjoyment of this public site. Section 7: That granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located, because, as discussed in the Mitigated Negative Declaration, the proposed project includes a grading operation that will help in stabilizing the existing slope located above the proposed project, and the project includes the installation of a new surface storm -water drainage system with oil/water separator that will ensure that there will not be significant impacts to the tide -pool areas and the ocean. Additionally, there are a variety of mitigation measures that ensure that lighting from the site will not impact adjacent properties, and that the construction methods will ensure that there are no air quality impacts or noise impacts Section 8- Any interested person aggrieved by 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 August 24, 1999, the date of the Planning Commission's final action Section 9: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Coastal Permit No. 156 and Variance No 448, thereby approving the various improvements to the Abalone Cove P.0 Resolution No 99-33 Page 3 of 8 Beach Park located south of Palos Verdes Drive South, subject to the conditions of approval contained in Exhibit "A", attached hereto and made a part -thereof, which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED this 28th day of September 1999, by the following vote: Commissioners Alberio, Clark, Paris, Slayden, Vannorsdall, AYES Vice Chairman Lyon,and Chairman Clark. NOES None. ABSTENTIONS: None. ABSENT- None. I Joel qpjas, AICP Pireq�lbr of PlanninL4ilding and Cod'e' Enforcement; and, Secretary to the Planning Commission Jon S. Cartwright Chairman P.C. Resolution No. 99-33 Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL for COASTAL PERMIT NO. 156 VARIANCE NO. 448 ABALONE COVE BEACH IMPROVEMENTS 1. All construction shall be completed in substantial conformance to the plans approved by the Planning Commission on September 28, 1999 2. This approval is for the following Abalone Cove Beach improvements- widen/improve the existing access road to allow general public and fire department access to a new parking lot, construct a new beach area parking lot consisting of 45 parking spaces; construct a gate house/parking fee entry structure at the entrance to the new parking lot; rehabilitate the existing cabana structure, construct two shade structures of approximately 613 sq. ft (24'-9" x 24'-9") each; beach amenities, including: improving existing concrete walkways surrounding the buildings, improve the existing beach staircase, construct a second beach staircase, install three picnic shelters, drinking fountains, outdoor showers, and sand volleyball court, install warning signs and educational kiosks related to the tide pools and sensitive habitat, relocate playground equipment, and construct four Palapa structures of approximately 81 sq. ft. (9' x 9') each, enhance the existing foot trails from upper Abalone Cove Shoreline Park to the beach, beach improvements, including approximately 20-30 cubic yards of sand replenishment, removal of protruding steel in concrete riprap and general clean up; and grading to widen and improve the existing access road, to create the proposed parking lot, guard station and vehicle turnaround areas, to improve vehicular access to the recreation building, and to be used as a land stabilization effort. This amount of grading includes approximately 7,091 cubic yards of cut and approximately 7,091 cubic yards of fill, for a total on- site balanced earth movement of approximately 14,182 cubic yards. 3. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. For any substantial modification, as determined by the Director of Planning, Building and Code Enforcement, an Amendment to the Coastal Permit and/or Variance shall require review and approval from the Planning Commission through a public hearing P C. Resolution No 99-33 Page 5 of 8 4 These approvals shall expire one year from the date of this action unless application for building permits is made. Extensions of up to one year may be granted by the Planning Commission if requested prior to expiration 5. The development shall comply with all mitigation measures found in the Mitigated Monitoring Program as adopted through P C Resolution No 99-32. 6 An as -graded soils and geologic report, complete with geologic map, will be submitted and reviewed prior to issuance of a building permit. 7. All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with applicable provisions of the Municipal Code and the recommendations of the Director of Public Works and/or City Engineer. 8. Grading activity on the site shall occur in accordance with all applicable City safety standards. 9 All manufactured slopes shall be contour graded. 10. The use of a rock crusher is not permitted on the site 11. All drainage swales and any other on -grade drainage facilities, including gunite, shall be of an earth tone color, as deemed necessary by the Director of Planning, Building and Code Enforcement. 12. The contractor shall be responsible for repairs to any neighboring streets, which may be damaged during development of the site. Prior to issuance of grading permits, the contractor shall post a bond, cash deposit or combination thereof, to an amount sufficient to cover the costs to repair any damage to streets and appurtenant structures as a result of this development. 13. Prior to the issuance of grading permits, the developer shall submit a Storm Water Pollution Prevention Plan The Storm Water Pollution Plan shall be reviewed and approved by the Director of Public Works. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post -construction Best Management Practices (BMPs) to a Implement, to the maximum extent practicable, requirements established by appropriate governmental agencies under CEQA, Section 404 of the Clean Water Act, local ordinances and other legal authorities intended to minimize impacts from storm water runoff on the biological integrity of natural drainage systems and water bodies; P C Resolution No 99-33 Page 6of8 b Minimize, to the maximum extent practicable, parking lot pollution through the use of appropriate BMPs, such as retention, infiltration and good housekeeping c. Establish reasonable limits on the clearing of vegetation from the project site including, but not limited to, regulation of the length of time during which soil may be exposed and, in certain sensitive cases, the prohibition of bare soil, and, d. Provide for appropriate permanent controls to reduce storm water pollutant load produced by the development site to the maximum extent practicable. Further, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. These practices should. (a. Include erosion and sediment control practices; (b. Address multiple construction activity related pollutants, (c. Focus on BMPs such as source minimization, education, good housekeeping, good waste management, and good site planning, (d. Target construction areas and activities with the potential to generate significant pollutant loads; (e. Require retention on the site, to the maximum extent practicable, of sediment, construction waste, and other pollutants from construction activity, (f. Require, to the maximum extent practicable, management of excavated soil on site to minimize the amount of sediment that escapes to streets, drainage facilities, or adjoining properties; (g. Require, to the maximum extent practicable, use of structural drainage controls to minimize the escape of sediment and other pollutants from the site; (h. Require, to the maximum extent practicable, containment of runoff from equipment and vehicle washing at the construction sites, unless treated to remove sediments and pollutants. 14 The hours of operation for construction and grading activities shall be limited from Monday to Saturday, 7 00 a m to 7 00 p.m No work on-site, equipment or vehicles shall be permitted before or after the hours indicated No truck queuing or warming up of equipment or vehicles shall occur before 7 00 a m , flagmen shall be used during all construction activities as required by the Director of Public Works. 15. Prior to the issuance of a grading permit, a final grading plan shall be approved by f the Director of Public Works and City Geologist. This grading plan shall be based P.C. Resolution No 99-33 Page 7of8 0 on a detailed engineering, geology and/or specifically be approved by the geologist recommendations submitted by them it soils engineering report and shall and/or soils engineer and show all 16. A note shall be placed on the approved grading plan that requires the Director of Planning, Building and Code Enforcement approval of rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded sites for accuracy of pad elevations and created slope gradients The developer or their designee shall provide certification for all grading related matters. 17. All of the recommendations made by the Director of Public Works and the City Geologist during their on-going review of the project shall be incorporated into the approved grading plans. 18. Prior to approval of the 4d permit, the City shall obtain approval from the City Geologist for any irrigation needed to restore habitat at the subject site. Further, the City Geologist shall review and approve of all other irrigation proposed for the site that may be used to establish non -habitat type landscaping. 19. Operating Hours for the Abalone Cove Shoreline Park shall be as follows Season: Open Hours: Weekdays, Memorial Day to Labor Day 9arn to 4pm Weekdays, Labor Day to Memorial Day Noon to 4pm Weekend and School Holidays, throughout the year 9am to 4pm On-site Staff shall have the ability to close the lower beach parking lot whenever they believe the beach is becoming overcrowded or any problems occur which make additional vehicles and people inadvisable The City of Rancho Palos Verdes may allow occasional special events at other times of the day or evening, subject to approval of a Special Use Permit Any Special Use Permit shall be noticed to all property owners within a 500' radius of the subject site. When reviewing any Special Use Permit to allow use outside of the Open Hours noted within this condition, the City shall ensure that there will be no significant adverse impacts to nearby property owners related to lighting or noise P C Resolution No 99-33 Page 8 of 8