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PC RES 2003-009A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO ENVIRONMENTAL ASSESSMENT / MITIGATED NEGATIVE DECLARATION NO. 708 IN CONNECTION WITH THE APPROVAL OF REVISION `A' TO TRACT MAP NO. 52666 AND GRADING PERMIT NO. 2282 TO ALLOW A CHANGE TO THE PERMITTED GRADING QUANTITIES ON PROPERTY LOCATED AT 3200 PALOS VERDES DRIVE WEST. WHEREAS, on September 4, 2001, the City Council adopted Resolution No. 2001-70 making certain environmental findings in association with Mitigated Negative Declaration / Environmental Assessment No 708, and adopted Resolution No. 2001-71 approving, with conditions, 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 in the City's designated RS -4 zoning district, and, WHEREAS, on May 15, 2002, the applicant submitted Final Tract Map No. 52666 to the Department of Planning, Building, and Code Enforcement for the City Council's authorization to record the Final Map with the Los Angeles County Recorders Office, and, WHEREAS, during the City's Engineer's review of the Final Map and the related grading plan, a concern was raised regarding the grade elevation of the proposed street and the proposed construction of a retaining wall and earth berm that encroached onto neighboring properties. The City Engineer recommended that the grade elevation of the proposed street be lowered so as to avoid the need to construct a retaining wall and earth berm; and, WHEREAS, as a result of the City Engineer's recommendation, revised grading plans were submitted to the Department of Planning, Budding and Code Enforcement requesting an increase to the originally approved 16,500 cubic yards of earth movement to 24,900 cubic yards of earth movement (combined cut and fill). Furthermore, the change to the grading quantities requires 3,100 cubic yards of export rather than the approved 1,500 cubic yards of import; and, WHEREAS, upon an initial review of the revised grading application, it was determined that the revision to the originally approved grading quantities will not generate significant adverse noise, air quality or traffic related impacts to surrounding properties; and, P.C. Resolution No. 2003-09 Page 1 of 4 WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 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 found that the proposed project, in relation to the Initial Study and Mitigated Negative Declaration prepared for the land division protect (Tentative Tract Map No. 52666, et al ), will not result in an intensification of use, and that there is no substantial evidence that the approval of Revision `A' to Tract Map No 52666 and Grading Permit No. 2282 will result in a significant adverse effect on the environment. Accordingly, Addendum No 1 to Mitigated Negative Declaration 1 Environmental Assessment No 708 has been prepared in the manner required by law; 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 March 25, 2003 at which 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: Section 1: That the proposed revision to the originally approved grading quantities is a result of lowering the grade elevation of the street and will not result in a substantive change to the design, layout, number of lots and its respective lot area and dimensions of the Tract Map approved by the City Council on September 4, 2001 In making this finding, the Planning Commission considered revised grading quantities in relation to 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: In terms of potential environmental impacts resulting from the proposed increase to the originally approved grading quantities, the Planning Commission finds that the adopted Mitigated Negative Declaration analyzed a grading calculation with 11,300 cubic yards of imported fill and that the proposed revision to the approved grading quantities consists of 3,100 cubic yards of export which is significantly less earth movement. Furthermore, the Planning Commission finds that the adopted Mitigated Negative Declaration determined that potential environmental impacts resulting from the project can be mitigated to a level of insignificance with appropriate mitigation measures, such as dust control measures, restricted hours of construction, and a designated haul route. P.C. Resolution No. 2003-09 Page 2of4 Section 3: For reasons discussed in the Initial Study, which is incorporated in Resolution No 2001-70, 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 4: 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 5: The mitigation measures set forth in Resolution No, 2001-70, as the Mitigation Monitoring Program, remain in full force and effect with the revised grading permit and 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. Section 6: Any interested party may appeal this decision or any portion of this decision to the City Council Pursuant to Section 17.02.040.C.1.t 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 the date of the Planning Commission's final action Section 7: 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 adopts Addendum No 1 to mitigated Negative Declaration / Environmental Assessment No 708, referenced herein as Exhibit 'A', in connection with the approval of Revision `A' to Tract Map No. 52666 and Grading Permit No 2282, thereby allowing a change in the originally approved grading quantities from 16,500 cubic yards of earth movement with 1,500 cubic yards of import to 24,900 cubic yards of earth movement (combined cut and fill) with 3,100 cubic yards of export. P C. Resolution No. 2003-09 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 25th day of March, 2003, by the following vote: AYES: Chairman Long, Commissioners Cartwright, Lyon, Cote, Duran -Reed, and Tomblin NOES: None ABSTENTION: None ABSENT: Vice -Chairman Mueller e R ja IC J:n, Bt. erect r ct '� i g, B ilding e) of Plann' r d ode Enforc t, and, Secretary to the Planning Commission Tom Long Chairman P.0 Resolution No. 2003-09 Page 4 of 4 4 ADDENDUM NO. 1 TO ENVIRONMENTAL ASSESSMENT/ MITIGATED NEGATIVE DECLARATION (EA/ND) NO. 708 MARCH 25, 2003 On September 4, 2001, the City Council for the City of Rancho Palos Verdes adopted Resolution No. 2001-70, thereby adopting a Mitigated Negative Declaration and 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) lots for residential development with approximately 16,500 cubic yards of earth movement (combined cut and fill) Prior to its adoption, the Mitigated Negative Declaration was circulated for public comment from May 26, 2001 through June 15, 2001 and no substantive comments were received from any persons or responsible agencies In adopting the Mitigated Negative Declaration, the City Council found- 1) that the project's mitigation measures adequately address issues of aesthetics, water, air quality, noise, geology, and traffic/circulation, 2) that the proposed project is consistent with the Residential — Single Family 4 (RS -4) zoning district and the City's General Plan's Residential / 2-4 Dwelling Units per Acre Land Use designation; and 3) that the project's mitigation measures reduce potential impacts to an insignificant level. The proposed revision to Tract Map No 52666 and Grading Permit No 2282 is to allow a change in the grading quantities from 16,500 cubic yards to 24,900 cubic yards of combined cut and fill Furthermore, the proposed changes involves 3,100 cubic yards of export rather than the approved 1,500 cubic yards of import Said changes are a result of the lowering of the proposed street grade elevation The proposed revision will not result in a substantive change to the design or layout of the tract, including the number of lots and its respective lot area and dimensions Furthermore, in terms of potential environmental impacts resulting from the increased grading quantities, the adopted Mitigated Negative Declaration analyzed a total of 11,300 cubic yards of imported fill. This calculation was based on the grading plans originally submitted by the applicant, which was significantly reduced at the time the Commission considered the Tentative Tract Map Notwithstanding, the adopted Mitigated Negative Declaration determined that environmental impacts to neighboring properties can be reduced to a level of insignificance with the appropriate mitigation measures, such as dust control measures, restricted hours of construction, and a designated haul route As such, since the revised grading quantities before the Commission remain significantly less than analyzed under the Mitigated Negative Declaration, no intensification of previously analyzed impacts or new environmental impacts will result from the revised project As such, the Planning Commission has independently reviewed this item and determined that the proposed project will not result in any new significant environmental effects and will actually reduce impacts upon the environment from the level expected with the adopted Mitigated Negative Declaration Furthermore, the Planning Exhibit "A" P C Resolution No. 2003-09 Page 1 of 2 Commission finds that the revision is within the scope of Mitigated Negative Declaration / Environmental Assessment No 708 that was prepared and adopted in conjunction with Tentative Tract Map No. 52666 and Grading Permit No 2282 that were adopted on September 4, 2001 by the City Council. Therefore, no further environmental review is necessary. M.\Subdivision\FTM526661REVISION XADDENDUM NO. i doc Exhibit "A" P.C. Resolution No 2003-09 Page 2 of 2