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Land Use and Planning

H. Signage

I. Construction and Staging

4 DETERMINATION

4.11 Land Use and Planning

Potentially Significant Impact

Less Than Significant

With Mitigation Incorporated

Less Than Significant

Impact No Impact Would the project:

a) Physically divide an established community?

b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

4.11.1 Existing Setting

The project site contains a surface parking lot and disturbed hillside within a commercial zoning district. Parcels east and west of the project site contain additional commercial uses, and residential uses are located north of the project site atop the slope. No adopted habitat conservation plan or natural community conservation plan exists for the project site or vicinity.

The project area does not lie within the Airport Influence Area of any airfield.

City Standard Conditions of Approval

The City applies the following LCP standard conditions to applicable projects to minimize impacts to land use and planning. Topic-specific City standard conditions of approval may also apply to the analysis of land use impacts. However, rather than re-stating them here, these conditions have been cross-referenced in the in the impact discussion where appropriate.

x All open areas not used for buildings, driveways, parking areas, or walkways shall be attractively landscaped and maintained in accordance with a landscape plan comprised of native plant species, to the satisfaction of the Planning Director.

x Native species of the Santa Monica Mountains, characteristic of the local habitat, shall be used on graded slopes and where slope plantings are required for slope stabilization, erosion control, and watershed protection. Plants should be selected to have a variety of rooting depths. A spacing of 15 feet between large woody (≥10-foot canopy) shrubs is recommended by the LACFD. Lawns are prohibited on slopes greater than 5 percent.

x Slope planting measures such as contour planting and terracing or other techniques shall be incorporated on slopes to interrupt the flow and rate of surface runoff in order to prevent surface soil erosion.

4.11.2 Impact Discussion

a. No Impact. As the Project proposes commercial uses on an infill parcel located in between existing commercial uses, the Project would not divide an established community, nor would development within the project site divide or disrupt the physical arrangement of an established community. No impact would occur.

b. Less than Significant. Since the project site is zoned for commercial use, proposed motel uses are consistent with the zoning designation and consistent with existing land uses in the vicinity. Specifically, MMC Chapter 17.26, CV-1 Commercial Visitor Serving District, conditionally permits the development of motel uses. MMC Chapter 17.40.080, Commercial Development Standards, limits commercial development to a maximum FAR of 0.15. As the Project proposes 7,693 sf of commercial floor area on a 51,352 sf (1.18 acre) parcel, the resulting FAR would be 0.15, consistent with the maximum FAR permitted. The Project would require approval of CDP No. 09-067, ensuring adherence to local and regional policies and goals throughout implementation of the Project.

The Project is generally consistent with the goals and policies of the LUP; however, the Project may be partially consistent with Policy 6.9 to minimize the alteration of natural landforms and Policy 6.14 to limit retaining walls to six feet in height, and require stepped or terraced designs, and textures, veneers, or colors that blend with the surrounding earth or landscape. In addition, rather than using native plants for slope plantings as required by City standard conditions of approval, the Project would include use of strawberry trees, a nonnative species, on the slopes north of the proposed structure. Further, as discussed in Section 4.17, Transportation and Traffic, the Project’s driveway modifications would result in the shifting of public shoulder parking spaces used available for public coastal access, though are not anticipated to result in the loss of total available parking space. The criterion for determining a significant LUP impact is based on the potential for the Project to substantially conflict with, or actively obstruct the implementation of, plans adopted for the purpose of avoiding or mitigating an environmental effect. Minor inconsistencies with a plan, policy, or regulation such as use of nonnative vegetation on slopes or alterations to coastal access parking do not necessarily equate to a significant physical impact on the environment. Final decisions on determining potential Project consistency with adopted City policy rests with City decision-makers. Because the Project is generally consistent with the LCP’s overall goals and policies, impacts associated with consistency with the LCP are less than significant.

The Project would require approval of several variances from the development standards established under MMC Chapter 17.40.080 and LIP Section 3.8. MMC Section 17.40.080.A.2 and LIP Section 3.8(A)(2)(a) require that the front yard setback to be at least 20 percent of the total lot depth, or 47’-5” for the project site. The Project is requesting approval of Variance No. 20-035 for surface parking within the required front yard setback. MMC 17.40.080.A.5.b and LIP Section 8.3(C) limit the height of cut and fill to 6 feet above grade at any retaining wall, except for single cuts up to 12 feet in height which are an integral part of the structure. The Project is requesting approval of Variance No. 18-031 to construct a retaining wall 52’-6” above the finished floor elevation of the proposed subterranean garage. As mentioned in the Project Description above, approximately 13 feet of the retaining wall would project above the two-story motel building. MMC 17.40.080.5.a and LIP Section 8.3(B) limit the maximum amount of grading (cut and fill) to 1,000 cy per each acre for commercial developments. The Project is requesting approval of Variance No. 18-029 to permit the non-exempt grading of 1,348 cy when the maximum allowed is 1,180 cy.

MMC 17.40.080.5.c requires that construction does not occur on slopes exceeding 2.5 (horizontal) to 1 (vertical). The Project is requesting approval of Variance No. 18-030 for construction on a slope greater than 2.5 to 1. With City approval of the requested variances, the Project would be consistent with the MMC and LCP, and a less than significant impact would occur.

As discussed in the Project Description above and in Section 4.17, Traffic and Transportation below, the project site is subject to a JUPA with the adjacent Malibu Inn. Under the JUPA, a total of 24 donor parking spaces to the Malibu Inn are required to be provided by the project site. The

Project proposes 47 spaces, of which 24 parking spaces would be provided for the adjacent Malibu Inn in compliance with these parking requirements (see Table 2 and Appendix C).

In summary, impacts to adopted land use policies for the purpose of avoiding environmental effects would be less than significant with approval of the discretionary requests, implementation of the standard conditions of approval, and applicable development and design standards.