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PC RES 2001-034P.C. RESOLUTION NO. 2001- 34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CONDITIONAL USE PERMIT NO. 229 AND GRADING PERMIT NO. 2283 FOR A COMMERCIAL ANTENNA FACILITY CONSISTING OF THE REPLACEMENT OF AN EXISTING 35 -FOOT -HIGH FLAGPOLE WITH A 45 -FOOT -HIGH POLE SUPPORTING THREE ANTENNA ARRAYS (SIX ANTENNA PANELS MOUNTED INSIDE THE POLE) AND RELATED EQUIPMENT FOR VERIZON WIRELESS, LOCATED AT THE SOUTHERN END OF THE TRACK AND FIELD STADIUM AREA AT 29323 PALOS VERDES DRIVE EAST (APN 7566-023- 902). WHEREAS, on January 10, 2001, the applicant TetraTech, representing Verizon Wireless, submitted an application for Conditional Use Permit No. 229 to allow the installation of a commercial antenna facility at the Miraleste Intermediate School, located at 29323 Palos Verdes Drive East (APN 7566-023-902); and, WHEREAS, on January 17, 2001, the application was deemed incomplete by Staff pending the submittal of additional information and applications, and, WHEREAS, on August 20, 2001, upon submittal of Environmental Assessment No. 740 and Grading Permit No 2283, the applications, including Conditional Use Permit No. 229, were deemed complete by Staff; 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 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 with appropriate mitigation, there is no substantial evidence that the approval of Conditional Use Permit No. 229 and Grading Permit No. 2283 would result in a significant adverse effect upon the environment and, therefore, a Mitigated Negative Declaration has been prepared and notice of same was given in the manner required by law; 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 October 9, 2001, 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: The Planning Commission has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence before the Commission prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that, with appropriate mitigation measures, the approval of Conditional Use Permit No 229 and Grading Permit No. 2283 would result in a significant adverse effect upon the environment Section 2: Conditional Use Permit No. 229 and Grading Permit No 2283 is consistent with the Rancho Palos Verdes General Plan and with the underlying Institutional - Educational land use designations, which will not be changed as a result of the approval of the map Section 3: There are no sensitive natural habitat areas on the subject site. Thus, no site disturbance or alteration will result from the approval of Conditional Use Permit No 229 and Grading Permit No 2283; and therefore, the project will have no individual or cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and Game Code Section 4: That with the appropriate mitigation measure that requires the new pole to be constructed and/or painted with a material and/or color that minimizes glare, the new pole will not have a significant impact in the creation of light or glare off of the new pole. Section 5: Based upon the foregoing findings, the adoption of the proposed Mitigated Negative Declaration is in the public interest. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record, in the proposed Mitigated Negative Declaration, and in the public comments received by the Commission, the Planning Commission of the City of Rancho Palos Verdes hereby certifies that the Mitigated Negative Declaration has been prepared in compliance with CEQA and adopts the attached Mitigation Monitoring Program (Exhibit "A") associated with Environmental Assessment No. 740 for Conditional Use Permit No. 229 and Grading Permit No 2283 for a new commercial antenna facility at the southern end of the track and field stadium area of the Miraleste Intermediate School located at 29323 Palos Verdes Drive East (APN 7566-023-902) P.C. Resolution No 2001-34 Page 2 PASSED, APPROVED, AND ADOPTED this 9th day of October 2001, by the following vote: AYES Cartwright, Clark, Lyon, Paulson, Vannorsdall NOES Mueller ABSTENTIONS: Long ABSENT None ipei Kjjas, AICD I D�rect�r of Plan in Building and COM"Enforcerne ;and, Secretary to the Planning Commission Frank Lyon e57 Planning Commission Chairman P.C. Resolution No. 2001-34 Page -3- EMM= Project: Environmental Assessment No 740/Conditional Use Permit 229/Grading Permit No. 2283 Location: 29323 Palos Verdes Drive East (APN 7566-023-902) Miraleste Intermediate School Rancho Palos Verdes, CA 90275 Applicant: TetraTech, representing Verizon Wireless Landowner: Palos Verdes Peninsula Unified School District TABLE OF CONTENTS Introduction ...................................... .......................... ......... Management of the Mitigation Monitoring Program ...................... Roles and Responsibilities ............................................ Mitigation and Monitoring Program Procedures ...... Mitigation Monitoring Operations .................... . ...... Mitigation Monitoring Program Checklist ....I .. ...... ........... Mitigation Monitoring Summary Table .......................... ... 2 ................... 3 .......................................... .......................................... 3 ........... ........................... 3 ................ ..... 5 ............ 6 Exhibit A -Page 1 Mitigation Monitoring Program Resolution No 2001-34 0 • 1. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), is to allow the following project at Miraleste Intermediate School, located at 29323 Palos Verdes Drive East in the City of Rancho Palos Verdes. replacement of an existing 35 - foot -high flagpole with a new 45 -foot -high pole, 20 -inches in diameter, supporting three antenna arrays and six antenna panels mounted inside the pole for Verizon Wireless. The new pole will replace the existing flagpole at the same location, at the southern end of the track and field stadium area of Miraleste Intermediate School. The project also includes 15 cubic yards of grading to provide for a 14 -foot -deep caisson foundation for the new pole; and a 240 square foot, 12 -foot high prefabricated equipment structure with a roof -mounted GPS antenna contained within a 400 square foot lease area 75 -feet west of the new antenna pole, which will be surrounded by a protective fence and hedge The MMP responds to Section 21081.6 of the Public Resources Code, which 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 project 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." - Page 2 gation Monitoring •• xhibit A Resolution No 2001-34 E 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. 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 Monitorin -q 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 Monitoring Program Exhibit A - Page 3 Resolution No 2001-34 0 0 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 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. Exhibit A -Page 4 Mitigation Monitoring Program Resolution No 2001-34 III. MITISION MONITORING PROGRAM CAKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on October 9, 2001 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 Mitigation Monitoring Program Exhibit A - Page 5 Resolution No 2001-34 MITIGATION MEASURES TYPE TIME OF IMPLEMENTATION RESPONSIBLE ENTITY COMPLIANCE VERIFICATION 13 AESTHETICS A-1) The pole and the antenna panel screening Construction 1 Prior to construction and/or TetraTech and Verizon Department of canister shall be constructed with a material that Operational grading for any Wireless Planning, Building and reduces, to the furthest extent feasible, glare improvements, and prior to Code Enforcement. created by the reflection of light. If no such final permit and/or certificate material can be obtained, then the pole shall be of use and occupancy. painted with a color that blends in with the immediate surroundings Mitigation Monitoring Program Exhibit A - Page 6 Resolution No. 2001-34