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PC RES 2003-053 0 0 P.C. RESOLUTION NO. 2003- 53 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 CASE NO. ZON2003-00205 (CONDITIONAL USE PERMIT REVISION), REVISING THE PARKING LOT LIGHTING PLAN AT 5845 CRESTRIDGE ROAD (CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS). WHEREAS, on November 8, 1977, Conditional Use Permit No. 30 and Variance No. 15 were approved, and a Negative Declaration was certified by the Planning Commission for the construction of a religious facility; and, WHEREAS, on December 8, 1987, Conditional Use Permit No. 128 was approved, and a Negative Declaration was certified by the Planning Commission,for the installation of outdoor lighting to the rear parking lot area of the property; and, WHEREAS, on April 23, 2003, Shirl Cornwell, representing Church of Jesus Christ of Latter Day Saints, submitted Case No. ZON2003-00205, an application for a revision to a Conditional Use Permit to allow a revision to the lighting plan for the church facility located at 5845 Crestridge Road; and, WHEREAS, on May 20, 2003, the application was deemed incomplete by Staff pending the submittal of additional information and applications; and, WHEREAS, on June 26, 2003, upon submittal of an Environmental Assessment application, the project 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 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 ZON2003- 00205 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 28, 2003, at which time the Planning Commission continued the item to November 11, 2003; and, 0 • WHEREAS, on November 3, 2003,the applicant submitted revised plans with minor modifications to the October 28th proposal; 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 November 11, 2003, 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 Case No. ZON2003-00205, Conditional Use Permit revision, would result in a significant adverse effect upon the environment. Section 2: Case No. ZON2003-00205 for a Conditional Use Permit revision is consistent with the Rancho Palos Verdes General Plan and with the underlying Institutional land use designations, which will not be changed as a result of the approval of the revised lighting plan. 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 Case No. ZON2003-00205 for a Conditional Use Permit revision; 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 measures which limit the height of the light standards, limit the wattage of the light fixtures, limit the hours when the lighting and security lighting can be turned on, address light positioning and fixture type,the revised lighting plan will not have a significant impact in the creation of light or glare. 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 Case No. ZON2003-00205 a revision to the Conditional Use Permit, P.C. Resolution No. 2003-53 Page 2 ill 11/ thereby revising the lighting plan of the Church of Jesus Christ of Latter Day Saints located at 5845 Crestridge Road. PASSED, APPROVED, AND ADOPTED this 11 th day of November 2003, by the following vote: AYES: Cote, Duran Reed, Lyon, Mueller, Tomblin NOES: None ABSTENTIONS: None ABSENT: Cartwright, Long ---7 / L'es Craig Mu: ler Planning Commission Vice Chairman 411111A1611P Jo Ro as, AICP Di -ct• of Pla • Building and Co. - Enforcem- ; and, Secretary to the Planning Commission P.C. Resolution No. 2003-53 Page 3 Exhibit A Mitigation Monitoring Program Project: Case No. ZON2003-00205 (Conditional Use Permit — Revision & Environmental Assessment) Location: 5845 Crestridge Road (APN 7589-013-005) Church of Jesus Christ of Latter Day Saints Rancho Palos Verdes, CA 90275 Applicant: Shirl Cornwall (Cornwall Associates), representing landowner. Landowner: Corporation of the Presiding Bishop, Church of Jesus Christ L.D.S 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 Resolution No. 2003-53 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), is to allow the following project at the church facility (Church of Jesus Christ of Latter Day Saints), located at 5845 Crestridge Road in the City of Rancho Palos Verdes: Revision to the existing lighting plan. Specifically, of the 13 existing 7-foot tall light standards on the slope along the length of the northern property line of the parking lot, 7 will be removed and the remaining 6 will be replaced with new 15-foot tall light standards. In the remaining portion of the parking lot, 5 new additional 15- foot tall light standards will be installed. 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 21081.6 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." Mitigation Monitoring Program Exhibit A- Page 2 Resolution No. 2003-53 0 0 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. 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 Monitoring Program Exhibit A-Page 3 Resolution No. 2003-53 • • 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. Mitigation Monitoring Program Exhibit A-Page 4 Resolution No. 2003-53 III. MITI ION MONITORING PROGRAM C KLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on November 11,2003. 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. 2003-53 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 13 AESTHETICS A-1: The maximum height to the top of the light standard shall be limited to 15-feet, as measured Construction/ Department of from the grade elevation of the parkinglot surface Operational Prior to permit final. Property Owner. Planning, Building and Code Enforcement. closest to the light standard or the height of the property line wall,whichever is lower. 0 Construction/ Department of A-2: The maximum wattage per light standard O erational Prior to permit final. Property Owner. Planning, Building and shall be limited to 150 watts. p Code Enforcement. A-3: Subject to the satisfaction of Staff and prior to final building and/or electrical permits, each fixture Department of head shall incorporate a shield on the north side of Construction/ p the fixture to adequately shield the light source Operational Prior to permit final. Property Owner. Planning, Building and from adjacent residential property. Further,the Code Enforcement. fixtures shall be hooded so that the light is directed downward. A-4: The project shall be reviewed by the Planning Commission three (3)months from the installation of the new lighting standards, to review the applicant's compliance with the conditions of approval. At that time, the Planning CommissionIII may add, delete, or modify the conditions of Within 3 months of electrical Department of. approval as deemed necessaryand appropriate. Operational permit final. Property Owner. Planning, Building and ppCode Enforcement. Notice of said review hearing shall be published and provided to owners of property within a 500' radius, to persons requesting notice,to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. Prior to permit final. Property Owner. Department of A-5: The rear parking lot lighting on the slope Construction/ Planning, Building and Mitigation Monitoring Program Exhibit A-Page 6 Resolution No. 2003-53 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION r � r along the length of the northern property line shall Operational Code Enforcement. be on independent means of disconnect, so that the rear parking lot lighting can be used independently from the remaining lights of the parking lot and building. A-6: The new 15-foot-tall light standards in the rear parking lot on the slope along the length of the northern property line shall only be turned on when Department of the facility is in use after dark. Only the entry Operational On-going Property Owner. Planning, Building and lights,front parking lot lights, and the four 7-foot-tall Code Enforcement. light standards immediately behind the church building shall be permitted to remain on until 2:00 am for security lighting purposes. A-7: The existing trees, hedges and landscaping Construction/ Department of along on the slope along the length of the northern Operational On-going Property Owner. Planning, Building and property line shall be maintained at a height that is p Code Enforcement. not lower than the top of the new light fixtures. A-8: All other conditions of approval for Department of Conditional Use Permit No. 128 (PC Resolution Operational On-going Property Owner. Planning, Building and No. 87-75)that were not modified by this revision Code Enforcement. shall remain in full force and effect. Mitigation Monitoring Program Exhibit A- Page 7 Resolution No. 2003-53