RESOLUTION NO

Transcription

1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE ADOPTING A MITIGATED NEGATIVE DECLARATION, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING PLANNED DEVELOPMENT PERMIT NO , AUTHORIZING A 23,050 SQUARE FOOT ADDITION OF A SALON, SPA, YOGA PAVILLION, AND GUEST ROOMS AT THE WESTLAKE VILLAGE INN LOCATED AT AGOURA ROAD THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. A request was filed by Westlake Properties, Inc. for approval of Planned Development Permit No , authorizing a 23,050 square foot addition of a salon, spa, yoga pavilion, and guest rooms at the Westlake Village Inn located at Agoura Road. Section 2. The City Council hereby finds as follows. 1. Such request was filed with the City of Westlake Village on July 1, 2016, and was determined to be complete on September 2, This project has been reviewed as required by the California Environmental Quality Act (CEQA), and was determined to qualify for a Mitigated Negative Declaration of Environmental Impact. The Mitigated Negative Declaration (MND) attached hereto as Exhibit B was prepared for the proposed project and circulated for public review in accordance with the CEQA Guidelines. The MND represents the independent judgment and analysis of the City. With the proposed mitigation measures that have been included in the project Conditions of Approval, in light of the whole record before the City, there is no substantial evidence that the project will have a significant effect on the environment. As documented in the MND, the proposed project will result in no unavoidable, significant environmental impacts. Impacts associated with the issues of Air Quality, Biological Impacts, Cultural Resources, Noise, and Tribal Cultural Resources, while not reaching a level of significance, may still be adverse on a temporary basis and can be further mitigated. Therefore, staff has included twenty-one (21) mitigation measures to minimize these potential impacts. Those mitigation measures have been included in the Conditions of Approval attached hereto as Exhibit A and also are set forth in the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit C. Public Hearing 2 - Attachment 1

2 3. The public hearing on this matter was duly noticed pursuant to Section of the Westlake Village Municipal Code. 4. A public hearing was conducted by the City Council on April 26, The proposed buildings will house hotel oriented uses and therefore are permitted within the Commercial Planned Development zone and comply with all of the applicable provisions of that zone. 6. With the application of conditions included in Exhibit A of Resolution No , the proposed use would not impair the integrity and character of the Commercial Planned Development zone because the proposed uses are common uses within the zone and are uses which are expected as a part of a resort hotel operation. 7. The proposed use is an expansion of an existing developed site, which is currently served with adequate utility services, has adequate ingress and egress, and has sufficient space to accommodate required parking and landscaping. Therefore, with the application of conditions included in Exhibit A of Resolution No , the subject site would be physically suitable for the proposed land use. 8. With the application of conditions included in Exhibit A of Resolution No , the proposed use would be compatible with existing and future land uses within the Commercial Planned Development zone and the general area in which the proposed use is to be located, because hotel and accessory uses such as spas and salons are anticipated and commonly found in the Commercial Planned Development zone. 9. The proposed project is an expansion of an existing hotel facility, and is adequately served by existing public utilities. Therefore, with the application of conditions included in Exhibit A of Resolution No , there would be adequate provisions for water, sanitation and public utilities and services to insure that the proposed use would not be detrimental to public health and safety. 10. The proposed project is an expansion of an existing hotel with adequate ingress and egress for vehicles from Lakeview Canyon Road. Therefore, with the application of conditions included in Exhibit A of Resolution No , there would be adequate provisions for public access to serve the subject addition. 11. The proposed expansion is a permitted hotel use. Therefore, with the application of conditions included in Exhibit A of Resolution No , the proposed use would be consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan Public Hearing 2 - Attachment 1 2 of 10

3 12. The proposed use is an infill expansion of the subject site s existing hotel use, providing for the addition of common accessory uses. Therefore, with the application of conditions included in Exhibit A of Resolution No , the proposed use would not be detrimental to the public interest, health, safety, convenience or welfare. 13. The City Council has reviewed the staff report dated April 26, 2017 and concurs with the analysis and conclusions set forth therein. 14. The foregoing findings are based on substantial evidence in the record, including, without limitation, the Initial Study, the MND, staff reports and exhibits, and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Planning Department, Oak Crest Drive, Westlake Village, CA The custodian of such records is the Planning Director. Section 3. Based on the aforementioned findings, the City Council hereby adopts the MND attached hereto as Exhibit B, adopts the MMRP attached hereto as Exhibit C, and approves Planned Development Permit No subject to the conditions attached hereto as Exhibit A. The attached Exhibits are incorporated herein by reference. The mitigation measures included in the MMRP are imposed as enforceable conditions of approval of the project. City staff shall be responsible for implementation and monitoring the mitigation measures as described in the MMRP. PASSED, APPROVED and ADOPTED this 26 th day of April, ATTEST: Brad Halpern, Mayor Beth A. Schott, City Clerk Public Hearing 2 - Attachment 1 3 of 10

4 EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO PLANNED DEVELOPMENT PERMIT NO This permit is approval for the second story addition of 23,050 square feet of additional salon, spa, yoga pavilion, and guest room space at the Westlake Village Inn located at Agoura Road, as shown on the plans marked Exhibit B. 2. This permit shall not be effective for any purpose until a duly authorized representative of the property owner involved has filed with the office of the Planning Director an affidavit stating that he/she is aware of, and accepts all conditions of this permit; such affidavit shall be recorded with the Office of the Los Angeles County Recorder. 3. It is hereby declared to be the intent of the City Council that if any provision of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse. 4. Four copies of the development plans (including site, elevation, floor, and roof plans), similar to those presented at the public hearing, with any changes made during the public hearing reflected thereon, and conforming to such of the following conditions as can be shown on a plan, shall be submitted for approval to the Planning Director. The property shall thereafter be developed and maintained in substantial conformance with said plans. 5. All structures shall conform with the requirements of the Division of Building and Safety of the Department of Public Works. 6. The proposed project shall be developed and maintained in compliance with requirements of the Los Angeles County Health Officer. 7. Upon approval of this permit, the applicant shall contact the Fire Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine facilities that may be necessary to protect the property from fire hazard. Water mains, fire hydrants, and fire flow shall be provided as required. 8. Colors and materials shall be in accordance with the approved plans and consistent with the established color pallet of the Westlake Village Inn hotel and accessory buildings. 9. Grading and construction activities shall be limited to the hours of 7 a.m. to 7 p.m. on weekdays only. Construction activities, excluding grading, shall be permitted between the hours of 8 a.m. and 5 p.m. on Saturdays. Grading activities are prohibited on Saturdays. No construction or grading activity is permitted on Public Hearing 2 - Attachment 1 4 of 10

5 Sundays or national holidays. 10. Construction shall be completed no later than one (1) year from the date of commencement. 11. The applicant shall take whatever steps are necessary to prevent the project from constituting a nuisance during construction, and shall maintain the construction site in a clean, neat and orderly manner. 12. The property owner and construction contractor shall be jointly responsible for minimizing adverse impacts on neighboring properties associated with parking of workers' vehicles, generation of litter, and the playing of loud radios. 13. Unless on-site construction is initiated within one year from the date of this approval, this permit will expire. (A one-year time extension may be requested at least 45 days prior to such expiration date.) Upon expiration of the permit, all rights to construct the proposed project shall terminate. 14. The applicant shall monitor and evaluate the parking on an ongoing basis and shall, if deemed necessary by the Planning Director, implement parking control measures to ensure that adequate parking spaces are available to the patrons of the hotel and accessory uses. Should additional measures be deemed necessary, at its costs, the applicant shall implement additional parking control measures specified by the Planning Director, which may include (but are not limited to) valet parking, the use of approved off-site parking, or the staggering of business hours for accessory uses on the site. 15. During and following any grading operations, the applicant shall apply soil stabilizers to inactive areas until such time as landscaping and irrigation are installed. 16. During and following any grading operations, the applicant shall prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. This plan shall be approved by the City Engineer prior to the commencement of grading. 17. During and following any grading operations, the applicant shall limit the simultaneous disturbance area to as small an area as practical, as determined by the project engineer, in consultation with the City Engineer. 18. During and following any grading operations, the applicant shall stabilize previously disturbed areas if subsequent construction is delayed. 19. During and following any grading operations, the applicant shall water exposed surfaces 3 times per day. 20. During and following any grading operations, the applicant shall cover all stock Public Hearing 2 - Attachment 1 5 of 10

6 piles with tarps. 21. During and following any grading operations, the applicant shall replace ground cover in disturbed areas quickly, to the satisfaction of the Planning Director and City Engineer. 22. During and following any construction operations, the applicant shall ensure that vehicle speeds on unpaved areas are reduced to less than 15 mph. 23. During and following any construction operations, the applicant shall ensure that all equipment shall have Diesel Particulate Filters (DPF) installed. 24. The site developer shall require by contract specifications that construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for an extended period of time (i.e., 5 minutes or longer). 25. The applicant shall require by contract specifications that all heavy-duty diesel-powered equipment operating and refueling at the project site be equipped with diesel oxidation catalysts to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment). (This measure does not apply to diesel-powered trucks traveling to and from the site). 26. Construction contractors shall limit truck and equipment idling time to five minutes or less. 27. The project shall use pre-fabricated exterior panels or low- to no- VOC architectural coatings. 28. Construction within the banks of on-site ponds shall not take place until a qualified biologist has determined that no active nests of migratory birds are present within the construction area. 29. As specified by California Health and Safety Code Section , if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the Los Angeles County Coroner s office. Determination of whether the remains are human shall be conducted on-site and in situ where they were discovered by a forensic anthropologist, unless the forensic anthropologist and the Native American monitor agree to remove the remains to an offsite location for examination. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition. A Public Hearing 2 - Attachment 1 6 of 10

7 temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the Native American Heritage Commission, shall be contacted in order to determine proper treatment and disposition of the remains in accordance with California Public Resources Code section The Native American remains shall be kept in situ, or in a secure location in close proximity to where they were found, and the analysis of the remains shall only occur on-site in the presence of a Native American monitor. 30. All general maintenance activities, except in an emergency, shall be limited to the hours of 7 a.m. to 7 p.m. Monday through Friday and 8 a.m. to 5 p.m. on Saturday and should utilize the quietest equipment available. 31. All on-site construction equipment shall have properly operating mufflers. 32. All construction staging areas should be as far away as possible from the nearest homes. 33. Collection of refuse with vehicle or operation of compacting mechanism is prohibited between the hours of 7:00 P.M. and 7:00 A.M. 34. Any project air conditioning equipment shall not produce noise levels greater than 50 db as measured at any adjacent residential use. 35. The applicant shall engage the services of a Native American monitor, recommended by one of the Native American tribes traditionally and culturally affiliated to the project area, and approved by the City Planning Director, prior to the issuance of a grading permit. 36. The Native American monitor shall be present during all phases of initial site grading and new excavation. 37. In the event that tribal cultural resources are discovered, the Native American monitor shall have the authority to temporarily divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. If resources are determined to be significant by the Native American monitor, a qualified archeologist shall be engaged by the applicant to document the resources. A recommendation for the tribal cultural resource s treatment and disposition shall be made by the qualified archaeologist in consultation with the Native American monitor and the tribe associated with the resources (if identifiable), and be submitted to the City for review and approval. Isolates and clearly non-significant deposits shall be minimally documented in the field and collected so the monitored grading can proceed Public Hearing 2 - Attachment 1 7 of 10

8 38. If the qualified archaeologist elects to collect any tribal cultural resources, the Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the qualified archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Native American monitor, may at its discretion, collect such resources and provide them to the associated tribe for respectful and dignified treatment in accordance with the tribe s cultural and spiritual traditions. Any tribal cultural resources collected by the qualified archaeologist shall be repatriated to the tribe. Should the tribe or other traditionally and culturally affiliated tribe decline the collection, the collection shall be provided to the City of Westlake Village, which shall determine an appropriate location for their curation. Any resources determined by the qualified archaeologist, in consultation with the Native American monitor, to not be tribal cultural resources, shall be provided to the City of Westlake Village, which shall determine an appropriate location for curation. 39. Once halted by the Native American monitor, resumption of activity in the area of a tribal cultural resource shall be approved by the Planning Director, in consultation with the Native American monitor, qualified archeologist (if engaged), and project grading contractor Public Hearing 2 - Attachment 1 8 of 10

9 EXHIBIT B MITIGATED NEGATIVE DECLARATION (attached) Public Hearing 2 - Attachment 1 9 of 10

10 EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM (attached) Public Hearing 2 - Attachment 1 10 of 10