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PC RES 1999-039A 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. 711, CONDITIONAL USE PERMIT NO. 206, VARIANCE NO. 446 AND GRADING APPLICATION NO. 2135, TO ALLOW THE CONSTRUCTION OF A 12,600 SQUARE FOOT ADDITION TO AN EXISTING 77,500 SQUARE FOOT SHOPPING CENTER AT A HEIGHT THAT EXCEEDS THE PERMITTED SIXTEEN (16) FOOT LIMIT WITHIN THE CN ZONING DISTRICT, WITH EXTERIOR IMPROVEMENTS TO THE FACADES OF THE EXISTING STRUCTURES, 1,220 CUBIC YARDS OF ASSOCIATED GRADING AND A JOINT USE PARKING PROGRAM ON PROPERTY LOCATED AT 31100- 31176 HAWTHORNE BOULEVARD AND 31212-31246 PALOS VERDES DRIVE WEST (GOLDEN COVE SHOPPING CENTER). WHEREAS, on February 9, 1999, applications for Conditional Use Permit No. 206 and Environmental Assessment No 711 were submitted to the Planning Department on behalf of the Property Owners of the Golden Cove Shopping Center to allow the construction of a 12,600 square foot addition; and, WHEREAS, the Commercial Neighborhood (CN) zoning district in which the subject property is located allows for the expansion and continued use of the subject property as a mixed-use shopping center and, WHEREAS, Staff completed an initial review of the applications and plans submitted to the Planning Department and determined that as proposed, the project would require a variance and a grading application Furthermore, the applicants were informed of some potential Staff concerns pertaining to views, noise, lighting, circulation, and aesthetics. Subsequently, Staff deemed the applications incomplete on March 10, 1999: and, WHEREAS, on May 27, 1999, revised plans were submitted to the Planning Department addressing Staff's concerns, in addition to submitted applications for Variance No. 446, to allow an encroachment into the required setback, and Grading Permit No 2135, to allow 1,220 cubic yards of associated grading for the preparation of a building pad for the construction of three (3) new buildings; and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 21000 et.seq ("CEQA"), the State's P C Resolution No 99-39 Page 1 of 7 i CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et.seq , the City's Local CEQA Guidelines, and Government Code Section 65962 5(F) (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 206, Variance No 446 and Grading Permit No 2135 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 July 14, 1999 and distributed for circulation and review on July 19, 1999 through August 9, 1999, and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring program has been prepared, and is attached to the Environmental Assessment No 711 and Resolution as Exhibit "A", and, WHEREAS, on July 26, 1999, the Traffic Committee reviewed the applicant's proposal to construct a 12,600 square foot addition with modifications to the existing parking lot and driveways, and recommended approval, provided that the modifications identified by the City's Traffic Engineer are implemented, and, WHEREAS, On August 9, 1999, the subject applications were reviewed by Staff and deemed complete for processing, and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on August 10, 1999, at which all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at the August 10th Commission meeting, it was determined by the Commissioners that the public hearing should be continued to the subject property to assess the potential view impacts identified by Staff and concerned residents, and, WHEREAS, on August 14, 1999 the Commission held the continued public hearing on the subject property and were able to tour the site and observe the proposed project from seven surrounding residences At the conclusion of the site visit, the Commission directed the applicants to revise the plans and continued the public hearing to the August 24th meeting, and, P C Resolution No 99-39 Page 2of7 WHEREAS, during the course of revising the plans for the August 24th meeting, it was mutually agreed between the applicants and Staff that additional time would be needed to adequately address the concerns raised by the public and the Commission Therefore the applicants requested a continuance to the September 14th meeting, while Staff encouraged the Commission to use the August 24th meeting for further discussion, and, WHEREAS, on August 24, 1999, the Commission continued hearing public comments and discussion on the proposed project and continued the public hearing to the September 14th meeting, with further direction; and, WHEREAS, on August 27, 1999, Staff was informed by the applicant's public relations representative that additional time would be needed to beyond the scheduled September 14th meeting to continue preparing the architectural drawing and revising the silhouette After a brief discussion at the September 14th meeting, the Commission continued the public hearing to September 28th; and, WHEREAS, on September 23, 1999 a ninety day time extension request was submitted to the Planning Department to continue reviewing the proposed protect beyond the action deadline date along with Staffs recommendation to continue the public hearing to the October 12th meeting, due to the lack of time to adequately assess the revised plans for consideration at the September 28th meeting. The Commission subsequently continued the public hearing to October 12th, and, WHEREAS, on October 12, 1999 the Planning Commission heard all public testimony and evidence from interested parties. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The subject applications would permit the construction of a 12,600 square foot addition to the existing Golden Cove Shopping Center, with exterior facade improvements and 1,220 cubic yards of associated grading. Additionally, a joint use parking program will allow the center to maintain a minimum of 314 parking spaces, based on a maximum peak of uses at different times of the day. The Planning Commission finds that the proposed project is permitted within the CN zoning district, with the approval of a conditional use permit, and would not result in any significant adverse environmental impacts in addition to or beyond those already associated with the existing use of the site. In making this finding, the Planning Commission considered the project's mitigation measures that address the issues of Aesthetics, Water, Air Quality, Noise, Geology, and Traffic/Circulation. P C Resolution No 99-39 Page 3of7 Section 2: The subject property is currently zoned as Commercial Neighborhood (CN), and is also designated for commercial use by the City's Land Use Policy Map Since the site will continue to be used for these purposes, the proposed addition and site amenities will not significantly impact the existing Land Use. Section 3: 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. Furthermore, the proposed project will not result in the demand for new recreational facilities in that the center is a privately owned entity that encourages the use of its grounds for the good of the general public. Section 4: Since the project site is relatively flat and the proposed project will only affect existing minor slopes, 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, or expose persons to seismic ground failure, landslides, or other known hazards, 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. Although on-site grading is proposed to prepare the subject site for the addition of three new buildings, a Geotechnical Report addressing the scope of the project as it pertains to the associated grading shall be reviewed and approved by the City's Building Official and the City's Geotechnical Consultant prior to issuance of building permits. Furthermore, the Geotechnical Report shall provide the developer with applicable conditions for which the project shall be constructed, along with other conditions that the City's Building Official and City's Geotechnical Consultant find necessary to ensure the project is constructed in a manner that does not jeopardize the public's health, safety and welfare. As such, the mitigation measures will ensure that the proposed project will not cause any significant geological impacts. Section 5: The proposed project will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting Although there may be slight changes in the absorption rates, drainage patterns, and surface run-off on the subject site as a result of the proposed project. A proposed drainage plan shall be submitted to the City for review and approval pertaining to the implementation of mitigation measures that address potential impacts to water patterns Furthermore, in compliance with the Federal Clean Water Act, an Urban P C Resolution No. 99-39 Page 4 of 7 Stormwater Mitigation Plan shall be submitted to City for review and approval prior to the issuance of building permits, as it pertains to implementation strategies that reduce stormwater runoff As such, the Planning Commission finds that such conditions will ensure that water patterns will not significantly impact the surrounding environment. Section 6: Although the total number of vehicle trips to the site will increase with the proposed addition and improvements, the number of additional vehicle trips will not substantially exceed that which currently exists, and therefore is not considered significant as to create adverse impacts to circulation patterns, parking capacity, or traffic congestion. Furthermore, a study prepared by a certified traffic engineer, determined that the increase in the number of vehicle trips per day will not be significant and that the intersection surrounding the project site is more than adequate to accommodate the additional vehicles the proposed project and surrounding projects may generate In regards to existing vehicle trip levels, the project will not result in a significant impact to local air quality standards, or expose sensitive receptors to pollutants. As for on-site circulation, the City's Traffic Engineer and the City's Traffic Committee have reviewed the proposed project as it pertains to modifications to egress and ingress, as with parking, and it has been determined that applicable conditions shall be incorporated into the project that will improve circulation patterns throughout the subject site. Additionally, a joint use parking program will be implemented that will maximize the use of existing parking spaces based on maximum peak use of the center throughout the day and evening. As such, the Planning Commission finds that the proposed joint use parking plan adequately addresses the maximum number of required parking spaces based on the time of need for a mixed use center. Therefore, it has been determined that the on-site and off-site circulation patterns will not significantly adversely impact surrounding properties Section 7: Although the construction of the proposed project is anticipated to generate noise levels uncommon to the surrounding environment, such noise will be temporary in nature and that the City has imposed conditions, in accordance with the City of Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7 00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code) In regards to anticipated noise levels generated by the expansion of the existing shopping center, conditions have been incorporated into the project that regulate the hours for which the center may operate and that noise generated by the center shall not exceed a maximum sound level of sixty-five (65 dBA) decibels, which shall be monitored by a certified noise consultant at different points surrounding the subject property to ensure that noise levels do not exceed the maximum levels. Furthermore, no amplified sound shall be permitted on the grounds of the subject property without obtaining approvals from the Planning Department and that design elements be incorporated into the layout of the project that buffers noise from projecting onto P C Resolution No 99-39 Page 5 • 7 surrounding properties As such, the Planning Commission finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties Section 8: In regards to aesthetics, the City's General Plan requires that improvements to the project site be designed to cohesively connect the shopping center with surrounding civic uses. As such, conditions require that the design of the new structures and the improvements to the existing structures be constructed with similar materials to provide a cohesive shopping center As proposed, the project will not affect a scenic highway in that ocean views are oriented in the opposite direction from the subject site. However, in regards to a scenic vista from surrounding properties, conditions have been incorporated into the project that will require that the height of all the additions be lowered to a point that protects ocean views from surrounding properties, as established from the viewing areas defined by the City's Development Code, which were established by Staff through a series of site visits to surrounding properties As such, the Planning Commission finds that the proposed conditions will create a center that is cohesively connected to the surrounding civic uses and that protected views of the Pacific Ocean from surrounding properties will be maintained. Section 9: Grading of the site may cause some impacts to air quality as a result of air -borne dust particles. However, to ensure that there will be no significant impacts, mitigation measures have been added that will require the developer to take specific actions to control air -borne dust particles Section 10: For reasons discussed in the Initial Study, which is incorporated herein by reference, the project will 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 11: 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 12: In addition, the mitigation measures set forth in the Mitigation Monitoring Program, Exhibit "A", attached hereto, are incorporated into the scope of the proposed project. These measures will reduce those potential significant impacts identified in the Mitigated Negative Declaration to an insignificant level P C Resolution No. 99-39 Page 6 of 7 Section 13: In the course of reviewing the proposed project, minor modifications were made to the proposal since preparation of the Mitigated Negative Declaration The minor changes made to the proposal have resulted in a substantial decrease in the overall height of the proposed improvements, thus further mitigating potential view impairments. Therefore, the Commission finds that the changes made to the proposal do not adversely impact the surrounding environment and that none of the conclusions of the Mitigated Negative Declaration have changed Section 14: 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 October 12, 1999, the date of the Planning Commission's final action. Section 15: 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. 711 to allow the construction of a 12,600 square foot addition, with associated grading and facade improvements on property located at 31100-31176 Hawthorne Boulevard and 31212-31246 Palos Verdes Drive West (Golden Cove Shopping Center) PASSED, APPROVED, AND ADOPTED this 12th day of October, 1999, by the following vote: AYES: Chairman Cartwright, Vice -Chairman Lyon, Commissioners Paris, Alberio, and Slayden NOES: None ABSTENTION: None ABSENT: Commissioners Clark and Vannorsdal ' /Jon S Cartwright 1, Chairman , OeIR has, AICP ct J� �tLl Di ct r of Plannin ilding and Code Enforcement, and, Secretary to the Planning Commission P.0 Resolution No 99-39 Page 7 of 7