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PC RES 2001-023P.C. RESOLUTION NO. 2001-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION THUS MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 708, TENTATIVE TRACT MAP NO. 52666 AND GRADING PERMIT NO, 2282 TO ALLOW THE LAND DIVISION OF A 3.92 ACRE LOT INTO THIRTEEN (13) RESIDENTIAL LOTS WITHIN THE CITY'S DESIGNATED RS -4 ZONING DISTRICT, WHICH WOULD REQUIRE 18,400 CUBIC YARDS OF ASSOCIATED GRADING ON PROPERTY LOCATED AT 3200 PALOS VERDES DRIVE WEST. WHEREAS, on January 28, 1999, applications for Tentative Tract Map No 52666, Grading Permit No 2282 and Environmental Assessment No 708 were submitted to the Planning Department on behalf of the property owner, 3200 Palos Verde Drive West LLC , to allow the division of a 3 92 acre lot into thirteen (13) residential lots within the City's designated RS -4 zoning district; and, WHEREAS, Staff completed an initial review of the applications and plans submitted to the Planning Department and determined that additional information was needed in order to continue processing the request. Furthermore, the applicant was informed of some potential Staff concerns pertaining to views, noise, lighting, circulation, and aesthetics, thus recommending that an environmental consultant prepare the necessary environmental documents to determine the project's impact on the surrounding environment. Subsequently, Staff deemed the subject applications incomplete on February 22, 1999, and, WHEREAS, on January 3, 2000 a request for proposal was submitted to P&D Environmental Services seeking a cost and time line proposal to prepare the appropriate environmental documents, and, WHEREAS, on March 22, 2000 an official proposal was submitted to the City by P&D Environmental Services which was subsequently accepted by the City to complete said documents, and, WHEREAS, on April 18, 2001 the augmented project applications and revised plans, were reviewed by Staff and deemed complete for processing pursuant to the Permit Streamlining Act, 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 2001-23 Page 1 of 6 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, there is no substantial evidence that the approval of Tentative Tract Map No. 52666 and Grading Permit No. 2282 would result in a significant adverse effect on the environment Accordingly, a Draft Mitigated Negative Declaration was prepared and notice of that fact was given in the manner required by law, and, WHEREAS, the Mitigated Negative Declaration and Initial Study was prepared on May 26, 2001 and circulated for public review between May 26, 2001 through June 15, 2001; 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 708 and Resolution as Exhibit "A"; 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 June 26, 2001, at which time all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at the June 26th meeting, the Commission directed Staff to further investigate design alternatives that address concerns pertaining to density and view impacts with the applicant and the surrounding neighbors A unanimous motion to table action on the proposed tract map was passed by the Commission; and, WHEREAS, on July 12, 2001 Staff met with the applicant and surrounding neighbors to address the concerns identified at the June 26th Planning Commission meeting At that time revised plans were presented to Staff as well as the neighbors, who collectively addressed the concerns pertaining to density and potential view impacts; and, WHEREAS, after issuing a new notice pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on August 14, 2001, at which time all interested parties were given the 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. P C Resolution No 2001-23 Page 2 of 6 Section 1: The subject applications would permit the division of a 3 92 acre lot into thirteen (13) residential lots The proposed lots will maintain a minimum lot area of 10,000 square feet and a minimum contiguous lot area of 3,300 square feet, as required by the City's Development Code and Subdivision Ordinance for lots located within the designated RS -4 (Single -Family Residential) zoning district. As proposed, nine (9) of the lots will maintain access off Palos Verdes Drive West via a new publicly dedicated street, and the remaining four (4) lots will be accessed off Via Victoria, an existing public street. The subject property is currently improved with an existing single-family residence and detached garage that will be demolished prior to recording the final tract. Furthermore, the proposed subdivision requires 15,000 cubic yards of associated grading, consisting of 6,000 cubic yards of cut and 9,000 cubic yards of fill, of which 3,000 cubic yards will be imported onto the site. The Planning Commission finds that the proposed project is permitted within the RS -4 zoning district, and would not result in significant adverse environmental impacts In making this finding, the Planning Commission considered the project's mitigation measures that address the issues of Aesthetics, Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water Quality. Section 2: That the creation of thirteen (13) single-family residential lots is consistent with the type of land use and density identified in the City's General Plan, Residential / 2-4 Dwelling Units per Acre, and, as conditioned, is consistent with the City's Development Code for projects within the RS -4 zoning district, and will not significantly impact the required land use Section 3: The proposed project will create thirteen (13) single-family residential lots that when developed will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecast in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing beyond what will developed. The project will not create a significant additional demand for fire or police protection, or other governmental services Section 4: That the division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the tract; and that the dedications required by local ordinance are shown on the Tentative Tract Map and/or are set forth in the attached conditions of approval. Section 5: That the discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Quality Control Board Section 6: The project requires 15,000 cubic yards of associated grading to prepare the site for residential development As such, the Planning Commission finds that the proposed project will not result in significant adverse • C ResolutionNo2001-23 Page of 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, a Geotechnical Report addressing the scope of the project grading has been conceptually approved by the City's Geotechnical Engineer in the Planning Stage, further reports will be required to be reviewed and approved by the City's Building Official and the City's Geotechnical Consultant prior to issuance of grading or 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 7: 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 Stormwater Mitigation Plan shall be submitted to City for review and approval prior to the issuance of grading and 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 8: That the proposed land division will not generate traffic volumes that create substantial impacts to circulation patterns, parking capacity, or traffic congestion, as discussed in the Initial Study. Section 9: 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 limas 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). Furthermore, mitigation measures require that all construction equipment engines be equipped with standard noise insulating features and are tuned to the manufacturer's recommendations. As P.C. Resolution No. 2001-23 Page 4 of 6 such, the Planning Commission finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties Section 10: In regards to aesthetics, the City's Development Code requires new residential construction be developed in a manner that is consistent with the surrounding neighborhood, as it pertains to size, mass and bulk, architectural style and front yard setbacks, in order to preserve the character of established neighborhoods. As such, conditions require that the design of the future residences be reviewed under the City's "Neighborhood Compatibility" analysis 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 require the structures to be constructed at a maximum roof ridgeline height, as measured from the finished pad elevations, and that the new structures be designed in a manner that maintain views laterally over the newly created lots, thereby preventing a significant impairment of ocean views. As such, the Planning Commission finds that the proposed conditions will protect partial views of the Pacific Ocean from surrounding properties Section 11: 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 require the applicant take specific actions to control air -borne dust particles. Section 12: 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 13: 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 14: 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 potential significant impacts identified in the Initial Study to a less than significant level P.C.• • •2001-23 Page of f 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 and therefore recommends that the City Council adopt the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No 708 to allow the land division of a 3 92 acre lot into thirteen (13) residential lots at a minimum lot area of 10,000 square feet within the RS -4 zoning district and to allow 16,000 cubic yards of associated grading on property located at 3200 Palos Verdes Drive West. PASSED, APPROVED, AND ADOPTED this 14th day of August, 2001, by the following vote - AYES Chairman Lyon, Vice -Chairman Clark, Commissioners Cartwright, Paulson, Mueller, Long and Vannorsdall NOES: None ABSTENTION: None ABSENT: None I J el R jas, AIC D' ect r of Planning, B ilding an ode Enforce t; and, Secretary to the Planning Commission z6j__?4� - - Frank Lyon Chairman P C Resolution No 2001-23 Page 6 of 6