Loading...
PC RES 2002-017P.C. RESOLUTION NO. 2002-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL CERTIFY A SUPPLEMENT TO FINAL ENVIRONMENTAL IMPACT REPORT NO 27, ADOPT THE MITIGATION MONITORING PROGRAM, MAKE CERTAIN FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA"), AND ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS IN CONNECTION WITH THE APPROVAL OF CONDITIONAL USE PERMIT NO 195, REVISION "A" AND GRADING PERMIT NO. 1903, REVISION "A', ALLOWING MODIFICATIONS TO AN APPROVED 122 UNIT ASSISTED LIVING FACILITY FOR PROPERTY LOCATED AT 5701 CRESTRIDGE ROAD THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOW Section 1: In 1988, an application was filed by Marriott Corporation requesting the approval of a Conditional Use Permit, Variance and Grading Permit to permit a retirement community consisting of a 250 -unit independent living facility, a 100 -bed health care facility and a community center on a 33 97 acre parcel located at the northwest corner of Crestridge Road and Crenshaw Boulevard On January 31, 1989, the Planning Commission certified that Final Environmental Impact Report No 27 (FEIR No 27) for this project was completed in compliance with the California Environmental Quality Act. The City's certification of FEIR No 27 was upheld by the Superior Court in the case of Segreto, et al. v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No SWC 107173 Although the related Conditional Use Permit, Variance and Grading Permit for the project were approved in 1989, those entitlements expired in 1995 Section 2: On September 23, 1996, Marriott Senior Living Services, with the consent of the property owner (Host Marriott, Inc ), submitted an application for Conditional Use Permit No 195, Grading Permit No 1903, Tentative Parcel Map No 24655, and Sign Permit No 842, to allow the construction of a three story, 122 unit, 73,606 square foot assisted living facility, including, 68,660 cubic yards of cut and 68,660 cubic yards of fill (with all grading balanced on site), the subdivision of the existing 33 97 acre lot into two lots (a 4 57 acre subject lot and a 29 40 acre remaining parcel), landscaping and various site improvements, and a new sign on the existing vacant lot located at the northwest corner of Crestridge Road and Crenshaw Boulevard The independent care facility is proposed to be located on the 4 57 acre parcel These entitlements were approved on February 2, 1999, survived legal challenge, and have been subsequently extended through February 2, 2003 P C Resolution No 2002-17 Page 1 of 27 Section 3: On September 6, 2001, the applicant (BelmontCorp), with approval from property owner (Marriott), submitted applications to modify Conditional Use Permit No 195 and Grading Permit No 1903, which allows the construction of a new assisted living facility for senior citizens on a 4 57 -acre lot located within the City's Institutional (1) zoning district. The proposed modifications consist of an increase in the structure's floor area from 74,774 square feet to 94,000 square feet; a reduction in the total length of the building along Crestridge Road by 17 feet; an increase in the total depth of the building by 18 feet; and, an increase in the amount of grading from 160,000 cubic yards to 163,060 cubic yards The modified earth movement is not a balanced operation, as previously approved for the Marriott Brighton Gardens project, as it consists of 89,500 cubic yards of cut, 73,560 cubic yards of fill and 15,940 cubic yards of export. The application was deemed complete on October 5, 2001 Pursuant to CEQA Guidelines Section 15163, a Supplement to FEIR No 27 ("Supplement") was prepared for the proposed project and circulated for public and agency comment pursuant to CEQA Guidelines Section 15087 Section 4: In response to the circulation of the Supplement to the FEIR, the City received written and oral comments regarding the adequacy of the Supplement. The City has prepared written responses to all comments that were received during the comment period, which raised significant environmental issues The City has incorporated the comments and the City's responses into the Final Supplement and returned responses to commenting agencies at least ten (10) days prior to the Certification of the Supplement, pursuant to Public Resources Code Section 21092 5 Section 5: A duly noticed public hearing was held by the Planning Commission on July 23, 2002 At the hearing, all persons both in favor of and in opposition to the Project were permitted to be heard The findings adopted herein are based upon substantial evidence in the record of those hearings Section 6: The Final EIR ("FEIR") for the proposed project is now comprised of certified FEIR No 27, the Supplement, including any revisions thereto and appendices, the list of persons, organizations and public agencies which commented on certified FEIR No 27 and the Supplement; the comments which were received by the City regarding FEIR No 27 and the Supplement and the City's written responses to significant environmental points raised in the public review and comment process No re -certification or reconsideration of certified FEIR No 27 is required by this action or has been undertaken by the City The actions taken herein are based in part upon the previously certified adequacy of FEIR No 27, pursuant to CEQA Guidelines Section 15163 Section 7: The findings made in this Resolution are based upon the information and evidence set forth in the FEIR, as defined in Section 6, and upon other substantial evidence, which has been presented in the record of this proceeding The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based and P C Resolution No 2002-17 Page 2 of 27 the FEIR for the Project are on file and available for public examination during normal business hours in the Office of the Director of Planning, Building and Code Enforcement of the City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90274. The custodian of said records is the Director of Planning, Building and Code Enforcement of the City of Rancho Palos Verdes Section 8: The Planning Commission finds that the public and government agencies have been afforded ample notice and opportunity to comment on the FEIR and the Supplement. Section 9: The Planning Commission finds, pursuant to CEQA Guidelines Section 15084(e), that certified FEIR No. 27 and the Supplement have been independently reviewed and analyzed by the City and its Staff, and that said documents represent the independent judgment of the City as lead agency with respect to the Project The City Council further finds that the additional information provided in the staff reports accompanying the Project descriptions, certified FEIR No. 27, and the Supplement, the corrections and modifications to the Draft EIR and Supplement made in response to comments, and the evidence presented in written and oral testimony presented at the above -referenced hearings do not represent significant new information so as to require re- circulation of any portion of the EIR pursuant to Public Resources Code Section 21092.1. Section 10: The Planning Commission finds that the comments regarding the Supplement and the responses to those comments have been received by the City, that the Planning Commission has received public testimony regarding the adequacy of the certified FEIR No 27 and the Supplement; and that the City Council, as the final decision- making body for the lead agency, will review and consider all such documents and testimony prior to acting on the Project. The Planning Commission therefore recommends that the City Council certify that the Final Supplement to certified FEIR No 27 has been completed in compliance with the California Environmental Quality Act ("CEQA") Section 11: The Supplement and the record of these proceedings indicates that the Project is smaller in scale and a less intensive use of land than the previously approved project analyzed in certified FEIR No. 27 The previously approved project included in excess of 280,000 cubic yards of cut and fill, the export of 250,000 cubic yards of graded material, and development of a much larger facility on a larger parcel than the 4.57 acres currently proposed. By comparison, the current project proposes a significant reduction in project grading and the development of a facility slightly more than one-third the size of the original proposal The Planning Commission finds that the expected impacts of the Project will be less intense than those identified in certified FEIR No 27 and, except as provided in herein and in the Supplement, were therefore adequately addressed in certified FEIR No 27 MOST134103171 P.0 Resolution No 2002-17 Page 3 of 27 FEIR No 27, the Supplement, public and agency comments and the record of these proceedings, the Planning Commission finds that the changes in the Project not previously analyzed in certified FEIR No 27, but analyzed in the Supplement, will not cause significant environmental impacts in the areas of Land Use and Planning, Population and Housing, Water; non -construction Air Quality; long-term Transportation and Circulation, Energy and Mineral Resources, Hazards, Public Services, Utilities and Service Systems, Cultural Resources, and Recreation Explanations for why the foregoing impacts were found to be insignificant are contained in Section 3 0, Table 3 1 of the Supplement. In some cases, less -than -significant impacts identified above and in Section 3 0 of the Supplement were also discussed in detail in the relevant sections of certified FEIR No 27 Section 13: With respect to the potential significant environmental effects identified in the Final Supplement to FEIR No 27, the Planning Commission finds as follows 1 Certified FEIR No 27 identified as a potential significant environmental impact the effect of grading in areas of high and extreme slopes. Changes or alterations have been incorporated into the Project that will avoid or substantially lessen this impact. An independent engineering study evaluating geotechnical, soils and other stability factors including seismic considerations, and giving special attention to the areas of extreme and high slopes was required prior to issuance of building permits, and compliance with specific mitigation measures of the City's geotechnical consultant are required FEIR No 27 concluded that it was not possible to entirely eliminate this impact, however, and the previous project was approved subject to a Statement of Overriding Considerations A second independent engineering study was conducted as part of the Supplement. Mitigation measures A-1 through A-11, inclusive, described in Appendix F of the Supplement and the applicable sections of the Supplement and FEIR No 27 have been incorporated into the Project as conditions of approval The Supplement and the Preliminary Geotechnical Investigation set forth in Appendix B of the Supplement indicate that as a result of these measures, impacts associated with fault rupture, seismic ground shaking and failure, and other potential geologic impacts can be mitigated Although the significant adverse environmental impacts of the previously proposed project associated with grading in areas of high and extreme slopes remains a significant adverse environmental impact of the Project, the impact will be somewhat less significant than those associated with the originally proposed project and about the same as the current approved project. No additional potentially significant grading/geology impacts of the Project, other than those previously addressed in certified FEIR No 27, were identified in the Supplement. 2 Certified FEIR No 27 identified as a potential significant impact the short term air quality impacts from emissions of fugitive dust and nitrogen oxides, which would be P C Resolution No 2002-17 Page 4 of 27 generated during grading and construction activities, and long-term emissions from the use of electricity and natural gas by the facility and fossil fuels in automobiles. Changes or alterations were required or incorporated into the originally approved project, which will avoid or substantially lessen these impacts Such changes have been incorporated as conditions of approval of the Project through the imposition of mitigation measures D-1, as set forth in Appendix F of the Supplement and the applicable sections of FEIR No. 27. Although fugitive dust impacts will be reduced through a program of on-site watering, roadway cleaning, and the suspension of grading in high winds, the supplement indicates that it is not possible to entirely eliminate this impact. However, these impacts are short- term, and will cease upon conclusion of the construction No additional potentially significant air quality impacts of the Project, other than those previously addressed in certified FEIR No. 27, have been identified in the Supplement 3. Certified FEIR No 27 identified as a potential significant impact the short term noise resulting from Project construction. Changes or alterations have been required or incorporated into the Project, which will avoid or substantially lessen these impacts Such changes are incorporated as conditions of approval of the Project through the imposition of mitigation measures E-1 through E-6, inclusive, as set forth in Appendix F of the Supplement and the applicable sections of FEIR No. 27. Construction noise impacts will be reduced, but not eliminated, through the on-site storage of properly tuned construction equipment, reducing the need for construction traffic in adjacent areas. In addition, hours of construction, deliveries and trash collection will be limited to days and hours when noise - sensitivity is reduced. The Supplement indicates that it is possible mitigate these construction -related impacts to below a level of significance with implementation of the aforementioned mitigation measures. No additional potentially significant noise impacts of the Project, other than those previously addressed in certified FEIR No 27, have been identified in the Supplement. 4 FOR No 27 identified potentially significant environmental impacts related to traffic and circulation that would result from short-term, construction -related traffic around the project. Specifically, significant truck traffic would have been required to export 250,000 cubic yards of graded material from the site under the previous proposal. As the current project has a significant reduced amount of export of graded material from the site, such impacts will be dramatically reduced. • Mitigation measures C-1 through C-7, inclusive, as described in Appendix F of the Supplement and the applicable sections of FEIR No. 27 will be imposed as conditions of approval of the project The FEIR indicates that traffic and circulation impacts from the project will be reduced to a level of insignificance due to the reduction in truck traffic resulting from the reduction in grading, and the enhanced safety and traffic management resulting from the mitigation measures. P C Resolution No. 2002-17 Page 5 of 27 Section 14: Section 4.0 of the Supplement describes, and the Planning Commission has fully considered, a reasonable range of alternatives to the Project, which might fulfill the basic objectives of the Project These alternatives include the "No Project Alternative;" "Existing Brighton Gardens Project Alternative;" "Reduced Scale Alternative;" and "Alternate Institutional Use Alternative." The alternatives identified in the Supplement either would not sufficiently achieve the basic objectives of the Project or would do so only with unacceptable adverse environmental impacts, as noted below 1 The "No Project" alternative is described in the Supplement as existing conditions at the time the Notice of Preparation (NOP) was published for the proposed project. At the time the NOP was published, the entire 4 57 -acre parcel was vacant Therefore, the No Project/No Development Alternative means "no build" (or "no development"), wherein the existing environmental setting is maintained 2 As explained in the Supplement, the Existing Brighton Gardens Entitlements Alternative includes development of a 122 -unit (128 -bed) assisted living facility with 70 off- street parking spaces. Although the Existing Brighton Gardens Entitlements Alternative represents fewer environmental impacts for all impact categories addressed in the Belmont Village Supplement to FEIR No. 27, implementation of the Brighton Gardens project as approved is not feasible to implement. As discussed in the Project Description section of the Supplement, during the course of BelmontCorp's due diligence, geotechnical investigations revealed that the entitlements granted by the City for the Brighton Gardens project could not be constructed due to subsurface rock conditions and grading issues 3 The Reduced Scale Alternative would include a reduction in the amount of assisted living units, and, therefore, a corresponding reduction in the square footage of the assisted living facility from that included in the proposed project Under the Reduced Scale Project Alternative, approximately thirty percent (30%) fewer units would result (for a total of 85 units), with a corresponding reduction in overall square footage of the project from 94,000 square feet to approximately 66,000 square feet. However, due to existing subsurface rock conditions on the project site, earth movement would not balance on site, and export would still be required. Export could be reduced, however, if the pad elevation is increased. An increase in pad elevation, however, would result in the creation of view impacts that are not associated with the approved or proposed project As shown in the Supplement, grading/geology, air quality, transportation/circulation and noise impacts of the Reduced Scale Project Alternative would be slightly less than those associated with the proposed project. Since the building footprint would be smaller, there may be less grading included as part of the Reduced Scale Project Alternative. Further, the export -related transportation/circulation, air quality and noise impacts of the proposed project may be less, as there may be less export required Of the alternatives analyzed in this Supplement, the Reduced Scale Project Alternative represents the environmentally superior alternative. P.C. Resolution No 2002-17 Page 6 of 27 According to the applicant, the Reduced Scale Project Alternative is not feasible for several reasons First, there are economic implications associated with the Reduced Scale Project Alternative The land costs would be substantially beyond industry costs Operational costs would remain relatively constant, although there would be fewer assisted living units These higher costs would result in rental rates that would exceed market rates 4 The Alternate Institutional Use Alternative considers the development of institutional uses other than an assisted living facility Grading/geology impacts could be greater, as an alternate use may require more grading in a larger envelope than is required as part of the proposed project. Construction -related transportation/circulation, air quality and noise impacts associated with the Alternate Institutional Use Alternative could all be greater as a result of potential greater quantities of export. Further, operational aspects associated with some of the alternate institutional uses (e g , educational facilities) could result in greater operational impacts related to transportation/circulation, air quality and noise than the proposed project. None of the project objectives associated with the Belmont Village project would be met with the implementation of the Alternate Institutional Use Alternative Further, BelmontCorp is in the business of development, ownership and management of assisting living housing communities, and does not develop alternate land uses Accordingly, and for any one of the reasons set forth herein or in the Supplement, the Planning Commission finds that specific economic, social, or other considerations make infeasible each of the Project alternatives, including the "No Project" alternative, identified in the FEIR. None of the alternatives would reduce or avoid a significant environmental impact of the Project without creating or making more significant another impact or impacts Each alternative is hereby rejected for those reasons. The Planning Commission further finds that a good faith effort was made to incorporate alternatives into the preparation of the FEIR, and that all reasonable alternatives were considered in the review process of the Supplement and the ultimate decision on the Projects Section 15: STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires the decision-making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable (CEQA Guidelines section 15093(a)) CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record (CEQA Guidelines section 15093(b)) Those reasons are provided in this Statement of Overriding Considerations The Planning Commission finds that the economic, social or other benefits of P C Resolution No 2002-17 Page 7 of 27 the Project outweigh each and all of the Project's significant and unavoidable impacts discussed above and any other remaining significant effects found to be unavoidable. In making this finding, the Planning Commission has balanced the benefits of the Project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts The Planning Commission finds that each one of the following benefits of the Project, independent of the other benefits, would warrant approval of the Project notwithstanding the unavoidable impacts of the Protect The Project implements the Institutional designation of the site in the General Plan Page 197 of the General Plan specifically notes that the location where the Project is proposed is "centrally located on the Peninsula " The General Plan states that the intent of the General Plan is to locate a "complex" of such institutional uses in the area of the Project, rather than scattered throughout the City where they might be incompatible with other uses. 2 The Project will provide a high quality living and care facility for seniors in need of housing in an area where institutional services are provided. 3 The Project provides a needed service for residents of the Palos Verdes Peninsula who may have limited care options in the area for elderly parents or family members. 4 Any institutional development on the site, uses which are conditionally permitted under the General Plan and Zoning Code, can be expected to generate the same types of short term, construction -related environmental impacts which will result from the Project 5 The mass of the structure has been reduced over initial proposals Any building constructed on the site for institutional purposes can be expected to have some impact on views of the currently undeveloped site from adjacent residences Pursuant to Rancho Palos Verdes Municipal Code Section 17.02.040{a}(14), views of undeveloped property are not protected views. In addition, although it is possible to reduce visual impacts by lowering the building pad and thereby further reducing impacts on views over the site, other significant environmental impacts result from the grading and export of soil that would be necessary to do so. Moreover, development of the Project will improve views over the site by eliminating existing vegetation. Thus, any development of the site with an institutional use that will provide a needed service to the community will cause some significant environmental impacts Accordingly, the Planning Commission hereby finds that the significant environmental impact on views and aesthetics that will be caused by the Project are outweighed by the benefits to the community from the Project because it will provide a needed service to senior citizens and their relatives residing in and around the City Section 16: As required by CEQA, the Mitigation Monitoring Program P.C. Resolution No 2002-17 Page 8 of 27 attached hereto as Exhibit "A" is hereby adopted. Section 17: The Planning Commission action on this matter is advisory only; with the final action on the matter being taken by the City Council at a future duly noticed public hearing Nonetheless, any interested person aggrieved by this decision or any portion of this decision may appeal it to the City Council. Pursuant to Sections 17.60.060, 17.76.040(H) and 17.80 070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, and with the appropriate appeal fee, no later than August 7, 2002 P C Resolution No 2002-17 Page 9 of 27 PASSED, APPROVED AND ADOPTED this 23rd day of July 2002, by the following vote: AYES: Cote, Lyon, Mueller, Tomblin, Chair Cartwright MOM ".1-SIM71frelm ABSENT: Duran Reed, Long 'Jon S. Cartwright, Chairman I - Jo Rod s, AICP Dirctor f Planning, UBUI ding and Code Enforcement; and, �O SecY*Iafy to the Planning Commission P.C. Resolution No 2002-17 Page 10 of 27 47.17romi Project: A request to modify Conditional Use Permit No 195 and Grading Permit No 1903, which allows the construction of a new assisted living facility for senior citizens on a 4.57 -acre lot located within the City's Institutional (1) zoning district The modifications proposed consist of an increase in the structure's floor area from 74,774 square feet to 94,000 square feet, a reduction in the total length of the building along Crestridge Road by 17 feet; an increase in the total depth of the building by 18 feet; and, an increase in the amount of grading from 160,000 cubic yards to 163,060 cubic yards The modified earth movement is not a balanced operation, as previously approved for the Marriott Brighton Gardens project, as it consists of 89,500 cubic yards of cut, 73,560 cubic yards of fill and 15,940 cubic yards of export Location: North side of Crestridge Road, west of Crenshaw Boulevard, at 5701 Crestridge Road Applicant: BelmontCorp Landowner: Marriott International TABLE OF CONTENTS I. Introduction2 11 Management of the Mitigation Monitoring Program3 Roles and Responsibilities3 Mitigation and Monitoring program Procedures3 Mitigation Monitoring Operations3 III. Mitigation Monitoring Program Checklist5 IV Mitigation Monitoring Summary Table6 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), which is for the Belmont Village Assisted Living Facility at 5701 Crestridge Road, in the City of Rancho Palos Verdes, responds to Section P C Resolution No 2002-17 Page 11 of 27 21081.6 of the Public Resources Code. Section 21081.6, which requires a lead or responsible agency that approves or carries out a project where a Supplemental Environmental Impact Report 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 and Supplemental Environmental Impact Report were 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 Supplemental Environmental Impact Report. 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 Lit I ley -011 I NI Z I J, If] k, 1111 to] 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." 11. 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 P.0 Resolution No 2002-17 Page 12 of 27 compliance verification The Mitigation Monitoring Checklist and procedures for its use are outlined below Mitigation Monitorina 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. 17-177rtm = �- a =71111M 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 Monitoring Milestone column of the MMP Checklist for the appropriate mitigation measures. 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 P.0 Resolution No. 2002-17 Page 13 of 27 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 Ill. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on 2002. Mitigation measures are listed in the order in which they appear in the Initial Study Monitoring and Reporting Action indicates when the measure should be monitored and reported. Party Responsible for Mitigation indicates who is responsible for implementation. Enforcement Agency/Monitoring Agency/Monitoring Milestone indicates what agency is responsible for enforcing the measure, and provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures. P.0 Resolution No. 2002-17 Page 14 of 27 A11111RUN Mitigation Monitoring Program (Planning Commission Resolution No. 2002-17) Mit Text of Mitigation Measure T—Monitoring and TMonitoring Monitoring # I Reporting Action I Milestone Responsibility A. GEOTECHNICAL RESOURCES AND DRAINAGE 1 Prior to approval of grading Approved Grading Prior to Department of plans and building plans, the Plans, Approved Issuance of Planning, recommendations contained in Building Plans Grading Permit Building and "Addendum Geotechnical and Prior to Code Report, Revised Grading Plan, Issuance of Enforcement Parcel I of Parcel Map No Building Permit 24655, City of Rancho Palos Verdes, County of Los Angeles, California" (September 21, 2001), shall be incorporated into the grading and building plans 2 Prior to approval of grading Approved Grading Prior to Department of and building plans, Plans; Approved Issuance of Planning, recommendations of the City Building Plans Grading Permit Building and Geologist, as enumerated in and Prior to Code the Zeiser Kling Consultants, Issuance of Enforcement Inc., letter of October 24, Building Permit 2001, shall be incorporated into the proposed plans 3 Prior to approval of building Approved Building Prior to Department of plans, the project plans will be Plans Issuance of Planning, reviewed to ensure that no Building Permit Building and portion of project habitable Code structure(s) infringe upon the Enforcement building setback line (refer to Exhibit 3-2, Building Setback Line). Further, any future alterations to habitable building(s) shall conform to the requirements of the Building Setback Line 4 Prior to issuance of grading Approved Storm Prior to Department of permits, the applicant shall Drain Improvement Issuance of Public Works submit a hydrology report and Plans and Hydrology Grading Permit storm drain improvement Report plans, subject to the review and approval of the Director of Public Works, for the proposed and existing storm drain that P.C. Resolution No 2002-17 Page 15 of 27 � --\ -� ~/ Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility meets the 50 -year storm drain design requirements 5 Prior to approval of storm drain Approved Storm Prior to Department of plans, it shall be demonstrated Drain Improvement Issuance of Public Works that all drainage from hard Plans Grading Permit surfaces shall be carried in nonerosive devices. 6 Prior to approval of storm drain Approved Storm Prior to Department of plans and landscape plans, it Drain Improvement Issuance of Planning, shall be demonstrated that all Plans; Approved Grading Building and irrigation and drainage on the Irrigation Plans Permit; Prior to Code north -facing slope shall be Approval of Enforcement; controlled during and after Landscape Department of grading and construction. and Irrigation Public Works Plans 7 Prior to approval of grading Approved Grading Prior to Department of plans, it shall be demonstrated Plan, Submittal of Issuance of Planning, that all pad drainage shall be Documentation Grading Permit Building and directed away from slopes and Demonstrating Code around structures to approved Ongoing Compliance Enforcement disposal areas All berms shall be constructed and compacted as part of fine grading and shall be maintained by the owner. The recommended drainage patterns shall be established at the time of fine grading and maintained throughout the life of the structure(s). 8 Prior to approval of building Approved Building Prior to Department of (#) plans, the project proponent Plans Issuance of Planning, shall avoid conditions which Building Building and will lead to groundwater Permits Code saturation which may result Enforcement from altering site drainage by constructing retaining walls, paved walkways, parking areas and patios. 9 Prior to approval of building Submittal of Prior to Department of plans, the owner shall ensure Documentation Issuance of Planning, that all interceptor ditches, Demonstrating Building Building and drainage terraces, downdrains Ongoing Compliance Permits Code and any other drainage Enforcement P.C. Resolution No. 2002-17 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility devices shall be periodically cleaned to promote slope stability 10 Prior to issuance of certificates Submittal of Prior to Department of of occupancy, the owner shall Documentation Issuance of Planning, undertake a program for the Demonstrating Certificates of Building and elimination of burrowing Ongoing Compliance Occupancy Code animals. This must bean Enforcement ongoing program in order to promote slope stability. 11 Prior to approval of grading Approved Storm Prior to Department of (#) plans, the project proponent Water Pollution Issuance of Public Works shall prepare a Storm Water Prevention Plan Grading Permit Pollution Prevention Plan. The Storm Water Pollution Prevention Plan shall incorporate by detail or reference appropriate post- construction Best Management Practices (BMPs). Further, the Storm Water Pollution Prevention Plan shall contain requirements to be adhered to during project construction. B. BIOLOGICAL RESOURCES 1 Prior to the issuance of Approved Building Prior to Department of building permits and prior to Plans; Approved Issuance of Planning, the approval of street Street Improvement Building Building and improvement plans, lighting Plans Permits; Prior Code plans shall be submitted for to Approval of Enforcement, review and approval by the Street Department of Department of Planning, Improvement Public Works Building and Code Plans Enforcement The lighting plans shall demonstrate that exterior residential lighting and street lighting is of low intensity and is directed away from the adjacent off-site areas and native habitat. 2 Prior to the issuance of Approved Prior to Department of grading permits, a landscape Landscape Plans Issuance of Planning, plan will be prepared for the Grading Building and P.0 Resolution No 2002-17 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility proposed project and Permits Code submitted for review and Enforcement approval of the Department of Planning, Building, and Code Enforcement. The landscape plan shall include provisions for the revegetation of graded areas at the perimeter of the project site. Said revegetation shall incorporate native species to the extent possible in order to reduce the dependence on watering and to provide a natural buffer to the adjacent off-site areas 3 Prior to commencement of Approved Grading Prior to Department of grading or construction, the Plan, Site Inspection Issuance of Planning, project site areas that are not Clearance Grading Building and to be graded shall be fenced Permit, Code off to prevent unintended Ongoing Enforcement access or disturbance During Grading and Construction Prior to commencement of Site Inspection On-going Department of grading or construction, project Clearance During Grading Planning, site areas not intended for and Building and access or disturbance shall be Construction Code fenced off Enforcement 5 Prior to landscape plan Approved Prior to Department of (#) approval, the project Landscape and Issuance of Planning, proponent shall ensure that all Irrigation Plans Grading Building and landscaping at the periphery of Permits Code the developed area shall Enforcement consist of species that provide food for wildlife to increase utilization of the plantings by wildlife C. TRAFFIC AND CIRCULATION 1 Prior to issuance of a grading Approved Street Prior to Department of permit and prior to the Improvement Plans, Issuance of Public Works approval of street Approved Grading Grading improvement plans, sight Plans Permit; Prior to distance at the entrance to the Approval of proposed project shall be Street reviewed and approved by the Im rovement P.C. Resolution No. 2002-17 Mit Text of Mitigation Measure Monitoring and Monitoring monitoring # Reporting Action Milestone Responsibility Department of Public Works, Plans in accordance with standard sight distance requirements of the City of Rancho Palos Verdes and the California Department of Transportation 2 Prior to issuance of a building Approved Traffic Prior to Department of permit for the project, the Sign ing/Striping Plan Issuance of Public Works applicant shall submit an Building internal traffic signing/striping Permits plan for review by the Director of Public Works. Said plan shall include provision for stop sign control by installing a stop sign, stop bar and stop legend internal to the project site at its access with Crestndge Road. 3 During construction, Site Inspection Ongoing Department of construction activities shall be Clearance During Grading Public Works limited to the hours of 8*00 and a m. and 4.00 p.m, Monday Construction through Saturday, and shall be prohibited on legal holidays and Sundays, in accordance with the provisions of the City of Rancho Palos Verdes Municipal Code Vehicular stacking for construction activities prior to 7*00 a m shall be prohibited Grading activities shall be limited to the hours of 8.00 a rn and 4.00 p rn , Monday through Saturday, and shall be prohibited on legal holidays and Sundays. 4 Prior to commencement of Verification of Prior to Department of construction activities that Receipt of Permit Commenceme Public Works involve transportation of heavy nt of construction equipment and/or Construction materials that require the use Activities of oversized -transport vehicles on State highways, a transportation permit from the California Department of P.C. Resolution No. 2002-17 Page 19 of 27 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone_ Responsibility Transportation shall be obtained 5 Prior to the issuance of Approved Traffic Prior to Department of grading permits, the project Phasing and Traffic Issuance of Public Works proponent shall submit a Control Plan Haul Route Construction Phasing and Permit; Prior to Traffic Control Plan. This Plan Issuance of shall identify haul routes, as Grading well as the number of truck Permits trips and the resultant period of time required for soil export and construction materials import activities. If determined necessary by the Director of Public Works, measures to minimize potential traffic conflicts shall be included in the Construction Phasing and Traffic Control Plan. These measures include* utilizing flagmen, signage, etc., to assist truck trips and truck movement on to and off of the local street system; control of traffic at project entrance/exit points; control of queuing of construction traffic prior to 8 00 a m , scheduling operations affecting traffic during off-peak hours, and modifying the soil ex ortperiod 6 During construction, streets Approved Grading Prior to Department of shall be cleaned regularly at Plans, Site Issuance of Public Works the direction of the Direct of Inspection Grading Public Works. Clearance Permits; Ongoing During Grading and Construction 7 During construction, loads Approved Grading Pnor to Department of shall be covered to prevent Plans; Site Issuance of Public Works materials from blowing out of Inspection Grading trucks, thus reducing the Clearance Permits; potential for cracked Ongoing windshields. During Grading P.C: Resolution No. 2002-17 Page 20 of 27 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone_ Responsibility and Construction D. AIR QUALITY 1 The following measures will be Site Inspection Ongoing Department of implemented during Clearance During Grading Planning, construction. and Building and Water site and clean Construction Code equipment morning and Enforcement evening to comply with AQMD Fugitive Dust Measures BCM - 03 and BCM -06. Wash off trucks leaving the site to comply with AQMD Fugitive Dust Measure BCM - 01 Require haul trucks leaving the site to have a minimum freeboard distance of 12" or to cover payloads Spread soil binders on site, unpaved roads and parking areas. Apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded which remain inactive for 96 hours) Reestablish ground cover on construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (two months or more) Sweep streets if silt is carried over to adjacent public thoroughfares Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less Suspend grading operations during first and second stage smog alerts Suspend grading operations when winds eeds as PC Resolution No 2002-17 Page 21 of 27 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility instantaneous gusts) exceed 25 miles per hour) Maintain construction equipment engines by keeping them tuned Utilize existing power sources (e g , power poles) or clean fuel generators rather than temporary power generators Provide on-site power sources during the early stages of the project Configure construction parking to minimize traffic interference Provide a flagperson to properly guide traffic and ensure safety at construction sites Schedule operations affecting traffic for off-peak hours, where feasible Develop a traffic plan to minimize traffic flow interferences from construction activities Schedule goods movement for off-peak hours E. NOISE 1 Ongoing during construction, Site Inspection Ongoing Department of construction activities shall be Clearance During Grading Planning, limited to the hours of 8.00 and Building and am and 4.00 p m , Monday Construction Code through Saturday, and shall be Enforcement prohibited on Sundays and legal holidays 2 Ongoing during construction, Site Inspection Ongoing Department of trucks used for soil export Clearance During Grading Planning, activities shall not approach to and Building and or depart from the project site Construction Code before 8 00 a m or after 4.00 Enforcement m 3 Ongoing during construction, Site Inspection Ongoing Department of rock breaking activities will be Clearance During Grading Planning, located at the furthest location and Building and P C Resolution No 2002-17 Page 22 of 27 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility from the existing residences Construction Code and from the adjacent Enforcement Synagogue, as feasible (the actual location will be depend on site conditions, as the size of some rocks may necessitate that they be broken where they are found). 4 During grading and Approved Grading Prior to Department of (*} construction, grading and Plans; Site Issuance of Planning, construction equipment shall Inspection Grading Building and be stored on the project site Clearance Permit; Code during the construction period Ongoing Enforcement During Grading and Construction 5 During construction, internal Approved Grading Prior to Department of {*) combustion engines on Plan, Site Inspection Issuance of Planning, construction equipment shall Clearance Grading Building and be kept in proper tune and Permit; Code shall be fitted with properly Ongoing Enforcement maintained mufflers During Grading and Construction 6 On an on -gang basis, to avoid Site Inspection Ongoing Department of {#) nuisance noise on weekdays Clearance During Planning, and during evening and early Operations Building and morning hours, deliveries and Code trash collection services shall Enforcement be limited to between the hours of 7 00 a m and 5 00 m , weekdays F. VISUAL RESOURCES 1 On an on-going basis, the Site Inspection Ongoing Department of (#) applicant shall maintain Clearance During Planning, vegetation to ensure that Operations Building and vegetation does not exceed Code the ridge height of the project Enforcement 2 Prior to the issuance of Approved Building Prior to Department of (#) building permits, the applicant Plans Issuance of Planning, shall show on the plans how Building Building and all roof -mounted equipment is Permits Code screened from view. These Enforcement plans shall be subject to the review and approval of the P.0 Resolution No 2002-17 Page 23 of 27 Mit Text of Mitigation Measure I Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility Director of Planning, Building and Code Enforcement G. WATER SERVICE I Prior to issuance of building Approved Water Prior to Department of permits, the project proponent System Issuance of Planning, shall identify improvements to Improvement Plans, Building Building and the water distribution system Including Funding Permits Code that are required to provide Mechanism; Enforcement water service and meet Approved Fire minimum fire flow Protection Plan requirements These improvements, which shall be provided for and funded by the project proponent, shall be identified on the project improvement plans 2 Prior to approval of grading Approved Prior to Department of and building plans, water Landscape and Issuance of Planning, conservation measures shall Irrigation Plans; Grading Building and be provided for These Approved Building Permit, Prior to Code measures, such as the Plans Issuance of Enforcement following, shall be included in Building the project. use of low -flow Permits toilets, water -conserving laundry facilities and reduction in water pressure to 50 psi or less, and provision of landscape with low water - using plants (where feasible), extensive use of mulch and installation of irrigation systems that minimize runoff and evaporation. H. SANITARY SEWERS 1 Prior to issuance of building Approved Sewer Prior to Department of permits, the project proponent System Issuance of Planning, shall identify improvements to Improvements Building Building and the sanitary sewer system that Plans, Including Permits Code are required to accommodate Funding Mechanism Enforcement project -generated wastewater These improvements, which shall be provided for and funded by the project proponent, shall be identified on the project improvement P.0 Resolution No 2002-17 Page 24 of 27 [Mit Text of Mitigation Measure I Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility plans. 2 Prior of approval of building Verification of Prior to Department of plans, the project proponent Payment of Fees Issuance of Planning, shall provide verification that Building Building and connection fees have been Permits Code paid to the County Sanitation Enforcement District I. FIRE AND POLICE PROTECTION 1 Prior to issuance of building Approved Fire Prior to Department of permits, the project proponent Protection Plan Issuance of Planning, shall provide fire flow and fire Building Building and hydrant placement in Permits Code accordance with the standards Enforcement of the Los Angeles County Fire Department Any additional requirements of the Los Angeles County Fire Department, as part of its review of the project, including provision of Fuel Modification Plans, shall be incorporated into the project. 2 Prior to approval of building Approved Building Prior to Department of plans, the project proponent (Site) Plans Issuance of Planning, shall contact the Lomita Building Building and Sheriffs Substation, Crime Permits Code Prevention/ Community Enforcement Relations Department, for recommendations to increase site security J. ARCHAEOLOGY/PALEONTOLOGY 1 Prior to approval of grading Approved Protocol, Prior to Department of plans, the project Site Inspection Issuance of Planning, archaeologist shall submit a Clearance; Report Grading Building and protocol to the City for Documenting Permits, Code monitoring and for the Findings Ongoing Enforcement discovery of archaeological During Grading resources A qualified and archaeologist shall be present Construction, during rough grading Completion of operations, as required, to Grading further evaluate cultural resources on the site During grading, any "finds" shall be immediately reported to the P.0 Resolution No. 2002-17 Page 25 of 27 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility City All archaeological finds shall be first offered to the City for preservation. If the City does not accept the archaeological finds, they shall be offered to an institution with an educational and/or research interest in the materials At the completion of grading, the project proponent shall submit a report detailing findings, if any. 2 Prior to approval of grading Approved Protocol, Prior to Department of plans, the project Site Inspection Issuance of Planning, paleontologist shall submit a Clearance, Report Grading Building and protocol to the City for Documenting Permits, Code monitoring and for the Findings Ongoing Enforcement discovery of paleontological During Grading resources, A qualified and paleontologist shall be present Construction; during rough grading Completion of operations, as required, to Grading further evaluate cultural resources on the site During grading, any "finds" shall be immediately reported to the City All paleontological finds shall be first offered to the City for preservation If the City does not accept the paleontological finds, they shall be offered to an institution with an educational and/or research interest in the materials At the completion of grading, the project proponent shall submit a report detailing findings, if any. K. EQUESTRIAN, PEDESTRIAN AND BICYCLE ACCESS 1 Prior to issuance of building Approved Prior to Department of permits, the project proponent Improvement Plans Issuance of Planning, shall submit plans that Building Building and document how walkways for Permits Code pedestrians (sidewalks) along Enforcement; Crestridge Road have been Department of P.C. Resolution No. 2002-17 Page 26 of 27 Mit Text of Mitigation Measure Monitoring and Monitoring Monitoring # Reporting Action Milestone Responsibility incorporated into the project Public Works design Notes 1 "" Indicates mitigation measures from certified Final Environmental Impact Report No 27 that remain applicable to this Supplement to the FEIR (said mitigation measures have been modified/updated as appropriate) "W Indicates mitigation measures from the Supplement to certified Final Environmental Impact Report No 27 for the approved assisted living facility that remain applicable to this Supplement to the FEIR (said mitigation measures have been modified/updated as appropriate) Mitigation measure numbers without —" or V" represent mitigation measures that have been added to the certified FEIR No 27 by this Supplement to the FEIR P.C. Resolution No 2002-17 Page 27 of 27