10/21/07 official recommendation from PLUM

Below is the formal recommendation made by PLUM, taken from the City Council agenda for Wednesday, October 24, 2007 http://lacity.org/clk/councilagendas/clkcouncilagendas348459_10242007.pdf:

Item 15 – File No. 04-1413 (CD 14)

Planning and Land Use Management Committee report relative to a previously approved Environmental Impact Report (EIR), associated Statement of Overriding Considerations and August 8, 2007, Board of Public Works (Board) actions relative to the issuance of B Permits for Tentative Tract 35022.

Recommendations for Council action:

FIND that the issuance of B Permits generally considered as a ministerial action, may be a discretionary action as defined by the California Environmental Quality Act (CEQA) Section 15369, with respect to Tentative Tract 35022.
FIND that the August 8, 2007, Board’s adoption of the City Engineer’s recommendations, and intended actions, relative to issuing B Permits for Tentative Tract No. 35022 associated with the development of the Pueblo Avenue Subdivision (Elephant Hill), is a discretionary action, as opposed to a ministerial action.
FIND that subsequent to the approval of Tentative Tract No. 35022 and certification of the EIR in 1993, that discussions were held between the developers and Bureau of Engineering (BOE) staff, and suggestions were made to narrow roads, revise retaining walls, change grading, and accept land dedications, and that these suggestions indicate the possibility that the issuance of B Permits would not be fulfilled, if certain planning conditions or engineering standards and codes were not met.
FIND that new significant information provided by a fluvial geomorphologist suggests that a spring fed by groundwater, expanded grading, and additional parcels at the site were not contemplated or considered in the original EIR approved by Council on July 13, 1993, and that a Supplemental Environmental Impact Report (SEIR) is required to mitigate potential impacts in the area.
RESOLVE TO GRANT APPEAL filed by Douglas Carstens (Chatten-Brown & Carstens) and Tim Grabiel (Natural Resources Defense Council), filed pursuant to Public Resources Code Section 21151c from the August 8, 2007, Board’s action relative to the previously approved EIR No. 172-84 (SUB)(REC) and its associated Statement of Overriding Considerations; and from the Board’s concurrence of the City Engineer’s intended actions to issue B Permits for work specified for Tentative Tract No. 35022 associated with the development of the Elephant Hill; and THEREBY OVERRIDE the August 8, 2007, action of the Board and SUSPEND the issuance of B Permits, as the issuance of the B Permits associated with Tentative Tract No. 35022 is determined to be a discretionary action; and REAFFIRM the June 20, 2007, Council action which states that no discretionary approval be granted for the Pueblo Subdivision or any portion thereof by the Planning Department, the Los Angeles Department of Building and Safety, and the BOE, until the above-described SEIR is further prepared in compliance with CEQA.
Applicant: Monterey Hills Investors, LLC
Related Case Nos. Tentative Tract No. 35022; Preliminary Parcel Map AA-2005-0849-PMLA

DIRECT the Department of City Planning to inform the applicant to prepare the SEIR for CEQA compliance with regard to hydrology and grading.
Fiscal Impact Statement: None submitted by the City Engineer. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.