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01 - Resolution No. 2015-__, certifying a Mitigated Negative DeclarationRESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, HEIGHT VARIATION AND GRADING PERMIT AT 10 CHAPARRAL LANE (ZON2014- 00143). WHEREAS, on July 15, 2008, the City Council approved a General Plan Initiation Request, allowing the applicant to proceed with the pursuit of proposed changes to the General Plan land use and Zoning designation to adjust the boundary line between the portion of the subject property designated as "residential" and the portion designated as "hazard"; and, WHEREAS, on February 28, 2012, the Planning Commission adopted Resolution No. 2012-05, recommending that the City Council certify a Mitigated Negative Declaration and approve the relocation of General Plan Land Use and Zoning Map boundary lines to accommodate the construction of a new residence on the only flat area of the subject property (5-1, with Commissioner Leon dissenting); and, WHEREAS, on April 17, 2012, the City Council held a duly noticed public hearing at which time the application was continued to June 5th, then to July 1711 and September 18th at the applicant's request, to an unspecified date for additional time to address all geotechnical issues; and, WHEREAS, in 2014, a new property owner Kevin Chen, represented by his architect Luis de Moraes, notified Staff that he intended to follow through on the same pending application except that the project would be revised with a reduced scope of work. On September 2nd and 30th of 2014, the City Council granted Mr. Chen's request to continue the public hearing to future unspecified date to address geologic concerns of the site; 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 for the General Plan Amendment, Zone Change, Height Variation and Grading Permit would result in a significant adverse effect on the environment, provided appropriate mitigation measures are imposed on the project. Thus, a Mitigated Negative Declaration was prepared and notice thereof was given in the manner required by law; and, WHEREAS, on June 18, 2015, notice of the Initial Study and draft Mitigated Negative Declaration and the proposed General Plan Amendment, Zone Change, Height Variation and Grading Permit was sent to all property owners within 500' of the subject site and appropriate public agencies for a minimum comment period of 20 -days, commencing on June 18, 2015, and concluding on July 14, 2015. Additionally, the notice was published on the same day in the Peninsula News; and, WHEREAS, after notices were issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on July 21, 2015, at which time all interested parties were given an opportunity to be heard and present evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The City Council has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence and finds that the Mitigated Negative Declaration was prepared in the manner required by law, and there is no substantial evidence, provided appropriate mitigation measures are imposed, that the approval of Case No. ZON2014-00143 (General Plan Amendment, Zone Change, Height Variation and Grading Permit) would result in a significant adverse effect upon the environment. Section 2: With the imposition of the following mitigation measures, the proposed project will have less than significant individual or cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and Game Code: B-1. Clearing and grubbing of the site should occur outside the avian nesting season (February 1 — August 31). If clearing and grubbing of the project site occurs between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist. The property owner shall be responsible to implement this mitigation measure, including any payments, prior to clearing and/or grading, to be verified by the Community Development Department. B-2. If nesting birds occur in the impact area, a buffer around the nest will be flagged as determined by a qualified biologist and up to 500' from the nest. All activities will occur outside the buffer area until a qualified biologist has determined that the young are no longer dependent on the nest and that no new nesting activity has occurred in the flagged area by another pair of birds. The property owner shall be responsible to implement this mitigation measure, including any payments, prior to clearing and/or grading, to be verified by the Community Development Department. B-3. Any impacts to coastal sage scrub habitat shall be mitigated by the project pursuant to the City's NCCP. Section 3: With the imposition of the following mitigation measures that address impacts upon geology and soils, and hydrology and water quality in the A community and as set forth in the Mitigation Monitoring Program, which is attached hereto and incorporated herein by this reference, the proposed project's potential significant impacts will be reduced below a level of significance: G-1. A caisson wall shall be used to mitigate a landslide. This wall shall be installed under a separate permit prior to construction of the proposed residence. The property owner shall be responsible to implement this mitigation measure prior to construction, to be verified by the Community Development Department. G-2. An as built geotechnical report shall be prepared by the project geotechnical consultant following grading/construction for the subject site improvements. The report shall include the results of all field density testing, depth of reprocessing and recompaction, depth and locations of any caissons, as well as a map depicting the limits of grading, locations of all density testing, and geologic conditions exposed during grading/excavation. The report shall include conclusions and recommendations regarding applicable setbacks, foundation recommendations, slope stability, erosion control and any other relevant geotechnical aspects of the site. The property owner shall be responsible to implement this mitigation measure prior to Building & Safety permit issuance. H-1. A stormwater pollution prevention management plan shall be reviewed and approved, prior to Building & Safety Division permit issuance. H-2. No construction or storage of construction materials would be allowed outside the designated construction limits. Prior to construction, the limits shall be flagged and/or fenced with highly visible flagging. The staging area shall be located outside of streambed. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. H-3. In construction areas susceptible to erosion, such as bare hillsides, silt fence and fiber rolls shall be used to stabilize these areas and minimize erosion until vegetation can be reestablished. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. H-4. All hazardous materials shall be property stored. If discharge occurs, the spill shall be cleaned by trained personnel using appropriate methods. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. Section 4: For the foregoing reasons and based on the information and findings included in the Initial Study, Staff Report, minutes and records of the proceedings, the City Council has determined that the project as conditioned and mitigated will not have a significant adverse impact on the environment and also finds that the preparation of the Mitigated Negative Declaration attached hereto complies with CEQA. Therefore, the City Council hereby adopts the Mitigated Negative Declaration, 10 which is attached hereto as Exhibit "A" and incorporated herein by this reference, making certain environmental findings to allow the General Plan Land Use amendment, Zone change and residential development on an existing vacant parcel located at 5656 Crest Road. PASSED, APPROVED AND ADOPTED this 21St day of July 2015. Mayor Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No 2015- was duly and regularly passed and adopted by the said City Council at a regular meeting held on July 21, 2015. City Clerk 11