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PC RES 2003-020 • P.C. RESOLUTION NO. 2003-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR VESTING TENTATIVE PARCEL MAP NO. 26692 FOR THE SUBDIVISION OF PROPERTY LOCATED AT 7455 VIA LORADO (APN 7582-015-023). WHEREAS, on June 27, 2002, the applicant and landowner, Mr. Forouzesh, submitted an application for Vesting Tentative Parcel Map No. 26692 (Case No. SUB2002-00005), requesting approval for the subdivision of an undeveloped parcel into two separate lots for the property located at 7455 Via Lorado (APN 7582-015-023); and, WHEREAS, on July 25, 2002, the applications were deemed incomplete by Staff pending the submittal of additional information; and, WHEREAS, on December 2, 2002, the application for Tentative Parcel Map No. 26692 was 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 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), the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of Vesting Tentative Parcel Map No. 26692 would result in a significant adverse effect upon the environment if appropriate mitigation measures are imposed on the project, 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 Ranchos Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 13, 2003, at which time all interested parties were given an opportunity to be heard and present evidence. WHEREAS, at the May 13, 2003 Planning Commission meeting, the Commission conceptually approved the Mitigated Negative Declaration and the Vesting Tentative Parcel Map, with modifications, and directed Staff to prepare a resolution of approval for adoption at the next Planning Commission meeting on May 27, 2003. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That 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 there is no substantial evidence, if appropriate mitigation measures are taken, that the approval of Vesting Tentative Parcel Map No. 26692 would result in a significant adverse effect upon the environment. P.C. Resolution No. 2003-20 Page 1 of 3 111 Section 2: That although the Mitigated Negative Declaration analyzes the environmental impacts associated with Vesting Tentative Parcel Map No. 26692, physical development of either of the two lots will not be permitted without additional City review and approval. Additional environmental review will be completed for any future projects proposed for either parcel, as required by the Rancho Palos Verdes Development Code and the California Environmental Quality Act. Section 3: That Vesting Tentative Parcel Map No. 26692 is consistent with the City of Rancho Palos Verdes General Plan and with the underlying RS-4 Single-Family Residential land use designation since the two lots being created contain over 7,000 square feet of contiguous lot area; contain over 10,000 square-feet of total lot area; and, contain the minimum lot depth and width requirements. Section 4: Although the project is located within an area of probable archaeological resources, to reduce potential impacts to archaeological resources and human remains to below a level of significance, the Mitigation Monitoring Program, Exhibit "A", attached hereto, includes mitigation measures that require any future grading activities on either lot to be monitored by a qualified professional archeologist and paleontologist to identify potentially significant resources that may be uncovered and to halt work to recover such resources. Section 5: Potential development of the site may have the potential to cause an environmental impact to the City's Recreation and Public Services. The approval of the parcel map may result in the expansion and increase of the City's existing recreational facilities and/or parklands due to future residential structures and people to the neighborhood. The attached Mitigation Monitoring Program includes a mitigation measure to require the subdivider to dedicate land, pay a fee in lieu of, or a combination of both to the City at the discretion of the City Council for park and recreational facilities. Section 6: For reasons discussed in the Initial Study, the parcel map and any future potential development of either parcel will not alter the land use designation of the area and the subject site. The proposed project will not significantly 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 proposed project will not significantly affect the soils and geology of the site nor will the project increase surface run-off on the site. The parcel map and any future development on the parcel will not affect the air quality in the South Coast Air Basin or the current/future transportation services or circulation patterns of the City. Further, the project will have no affect on current or future energy, mineral, or agricultural resources within the City. Section 7: That there are no sensitive natural habitat areas on the subject site, and any future development of either vacant lot will be required to comply with the City's Development Code standards. No site disturbance and/or alteration of any kind will result from the approval of Vesting Tentative Parcel Map No. 26692; 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 8: That although both lots abut public right-of-ways and have potential adequate access, the exact access points (i.e. driveway) will be determined at the time development applications are submitted to the City for review and approval. P.C. Resolution No. 2003-20 Page 2 of 3 • 11 Section 9: That the mitigation measures set forth in the Mitigation Monitoring Program, Exhibit "A", attached hereto, are incorporated into the project. These measures will reduce those potential significant impacts identified in the Mitigated Negative Declaration to an insignificant level. Section 10: 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 May 27, 2003, the date of the Planning Commission's final action. Section 11: Prior to taking action on the proposed project, in compliance with the California Environmental Quality Act (CEQA), the Planning Commission independently reviewed and considered the information and findings contained in the Mitigated Negative Declaration. 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 also finds that the preparation of the Mitigated Negative Declaration complies with CEQA. Therefore, the Planning Commission hereby adopts the Mitigated Negative Declaration making certain environmental findings to allow the subdivision of an existing parcel located at 7455 Via Lorado (APN 7582-015-023). PASSED, APPROVED AND ADOPTED this 27th day of May 2003, by the following vote: AYES: Commissioner Cote, Tomblin, Cartwright, Long , Lyon NOES: ABSTENTIONS: Commissioner Duran Reed ABSENT: Commissioner Mueller (.,) 101P . ,/ Thomas Long, Chairman 114 ISO 1 I f64 " 1"g- oel 'ojas, A P Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission P.C. Resolution No. 2003-20 Page 3 of 3 • 0 Exhibit A Mitigation Monitoring Program Project: Vesting Tentative Parcel Map No. 26692/Mitigated Negative Declaration Location: 7455 Via Lorado Applicant/: Mahmood Farouzesh Landowner 30716 Cartier Drive Rancho Palos Verdes, CA 90275 TABLE OF CONTENTS I. Introduction 2 II. Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III. Mitigation Monitoring Program Checklist 5 IV. Mitigation Monitoring Summary Table 6 Mitigation Monitoring Program Exhibit A- Page 1 P.C. Resolution No. 2003- • 4111 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), for the subdivision of an existing 24,454 square-foot parcel into two separate lots, located at 7455 Via Lorado, in the City of Rancho Palos Verdes, responds to Section 21081.6 of the Public Resources Code. Section 21081.6 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 mitigated 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." Mitigation Monitoring Program Exhibit A- Page 2 P.C. Resolution No. 2003- _ 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 and for any future development(i.e.single family residence)on either newly created parcel. 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. Mitigation Monitoring 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: 1. 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 of Rancho Palos Verdes, Director of Planning, Building,and Code Enforcement with advice from Staff or another City Mitigation Monitoring Program Exhibit A- Page 3 P.C. Resolution No. 2003- 0 0 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. 2003- • • III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on May 13,2003. Mitigation measures are listed in the order in which they appear in the Initial Study. * Mitigation Measures/Monitoring and Reporting Action indicates what City Department is responsible for monitoring the implementation of the Measure and when the measure is to be implemented. * Party Responsible for Mitigation indicates who is responsible for implementation and when. * 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 P.C. Resolution No. 2003- _ EXHIBIT "A" MITIGATION MONITORING PROGRAM FOR 7455 VIA LORADO Party Responsible for Enforcement Mitigation Measures and Conditions of Approval Monitoring and Reporting Action Agency/Monitoring Mitigation &Verification Agency 11. Public Services/ • 15. Recreation Prior to approval of a final parcel map,the Submit necessary parkland fee Landowner City PBCE Dept. subdivider shall dedicate an amount(specified later) to the City prior to approval of final of land as parkland,pay a fee in lieu of,or a parcel map. combination of both,to the City at the discretion of the City Council. 14. Cultural Resources CR-1 Prior to the issuance of a building permit for any Submit a cultural resources Landowner City PBCE and project future initial development on either lot(Parcel 1 or 2), report prepared for the proposed paleontological monitor the developer shall provide the City's Director of project to the City's Director PBCE with a report prepared by a qualified of PBCE. If these resources paleontologist that the site is clear of significant exist on the site, implementation paleontologist resources. If these resources are of monitoring recovery and thought to exist on site,then the report shall include preservation plans for these measures for the construction monitoring, recovery resources should be and preservation of these resources. implemented. • CR-2 Prior to the issuance of a building permit for any Submit a cultural resources Landowner City PBCE and project future initial development on either lot(Parcel 1 or 2), report prepared for the proposed paleontological monitor the developer shall provide the City's Director of project to the City's Director PBCE with a report prepared by a qualified of PBCE. If these resources archeologist that the site is clear of significant exist on the site, implementation archeologist resources. If these resources are of monitoring recovery and thought to exist on site,then the report shall include preservation plans for these measures for the construction monitoring, resources should be recovery and preservation of these resources. implemented.