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PC RES 2015-019 P.C. RESOLUTION NO. 2015-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 2 TO a MITIGATED NEGATIVE DECLARATION, AND AMENDING CERTAIN CONDITIONS OF APPROVAL AT THE 2ND COMPLIANCE REVIEW FOR CASE NO. ZON2010-00087, THE POINT VIEW MASTER USE PLAN,LOCATED ON PROPERTY AT 6001 PALOS VERDES DRIVE SOUTH (COMMONLY KNOWN AS THE POINT VIEW PROPERTY). WHEREAS, on January 8, 2013, the Planning Commission adopted P.C. Resolution Nos. 2013-02 and 2013-03, thereby adopting a Mitigated Negative Declaration and conditionally approving the Point View Master Use Plan(Case No.ZON2010-00087), on property located at 6001 Palos Verdes Drive South and commonly known as the Point View property. The Master Use Plan includes 25.5-acres of agricultural uses; a 9-hole golf course and sand traps; a paved internal driveway; and site improvements to host 30 public or private events per year on the"Event Garden" within the 95-acre property known as the Point View property. As a condition of approval, the Planning Commission required a compliance review after the first event conducted at the Event Garden on the subject property; and, WHEREAS, on March 25, 2014 and April 22, 2014, after conducting a duly noticed public hearing, the Planning Commission conducted the 1st compliance review of the Point View Master Use Plan CUP, at which time the Planning Commission approved certain modifications to the approved project and conditions of approval. On April 22, 2014,the Planning Commission adopted P.C. Resolution No. 2014-13, thereby adopting Addendum No. 1 to a Mitigated Negative Declaration, and amending certain conditions of approval to allow up to 20"small"events in addition to the 30 events originally allowed, eliminating a minimum requirement to allow non-profit organizations, adding an additional 4,000 square feet of agricultural use adjacent to the "Event Garden,"additional language to ensure that future improvements to the main driveway from PVDS are approved by the Director, and ensuring that the gate at Narcissa Dr. remains closed when not in use. Additionally, the Planning Commission required that an additional compliance review be conducted after the first "small" event occurs on the property; and, WHEREAS, on July 11, 2014, the first "small" even occurred at the Event Garden on the subject property, making the 2nd compliance review to occur in January/February 2015. In early 2015, the applicant approached the City requesting that the Conditional Use Permit be revised by the Planning Commission to eliminate the 20 "small" events, and allow a total of 60 events (large and small) per calendar year with an extended event operation hour of 10:00 p.m. The applicant requested that the revision occur as part of the 2nd compliance review; and, WHEREAS, on October 8, 2015, the City mailed notices to a total of 82 property owners located within a 500-foot radius from the subject property.Additionally, a public notice was published in the Peninsula News on October 8, 2015. The City received a number of comment letters from the public noting complaints related to noise impacts incurred by the operation of the events at the Event Garden as a result of the public notice; and, WHEREAS, on October 18, 2015, as a result of meeting with some of the concerned residents, the applicant notified the City that they were withdrawing their request to revise the CUP to increase the number of events and extend the operating time. Therefore, pursuant to Condition No. 54(a) of P.C. Resolution No. 2014-13, the Planning Commission is only reviewing the project's compliance with, and adequacy of, the conditions of approval previously imposed by the Planning Commission; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on October 27, 2015, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Pursuant to Condition of Approval No. 6.a. of P.C. Resolution No. 2014-13, the Planning Commission conducted a 2nd compliance review after the first"small"event occurred at the Event Garden to review the operation of the event venue as if relates to the project's compliance with, and the adequacy of, the conditions of approval imposed by the Planning Commission. Section 2: Based on the 2nd compliance review,the Planning Commission finds that the applicant complies with a majority of the conditions of approval associated with the approved Point View Master Use Plan, which includes conditions associated with the operation (including hours), lighting, and driveway access. However, as a result of the public notice, the Planning Commission finds that residents are concerned with noise generated by the operation of the events garden,such as music, microphone announcements, and cheering crowds during the scheduled events. Additionally,the Planning Commission finds that the applicant has not complied with Condition No. 72,which requires the submittal of at least two technical noise reports that are to be prepared by an acoustical professional and submitted on an annual basis to the City for review.As the applicant did not provide these reports to the City,the Planning Commission is unable to unequivocally determine if there are noise impacts beyond the levels that are reasonably acceptable within a residential neighborhood.As such,the Planning Commission is requiring that the condition remain in place and requests that the property owner work closely with Staff to ensure compliance with Condition No.72 for the upcoming 2016 events. Section 3: As part of the compliance review,the Planning Commission may add,delete or modify the Conditions of Approval pertinent to the Event Garden and the associated uses based on evidence presented at the hearing that demonstrates that such changes are necessary and appropriate to address impacts resulting from the Event Garden. Given that the Planning Commission received a number of complaints related to the noise impacts incurred by residents within the Portuguese Bend Club,the Planning Commission is hereby requiring an additional review of the project conditions, particularly the operation of the Event Garden, to be conducted at the end of the 2016 calendar year, and an indemnification clause be added to the conditions, as stated below: 6.b. The Conditions of Approval contained herein shall be subject to additional reviews and modifications, as deemed necessary and appropriate by the Planning Commission at noticed public hearings to be held in May 2016 and in the fall of the 2016 calendar year. At the review hearing, the Planning Commission may add, delete or modify any conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500'radius from the entire projects boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 2016 review, the Planning Commission may consider and review compliance with all conditions of approval, and address any other concerns raised by Staff, the Commission, the property owner and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the review. 83. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively"Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof(including actions approved by the voters of the City), for or concerning the project. Section 4: 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 Planning Commission found no evidence that the modifications to the conditions of approval to include an additional review would have a significant effect on the environment and, therefore, the proposed project will not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that previously were identified and analyzed in the certified MND. Additionally,the project does not include changed circumstances or new information,which were not known at the time the MND was certified, that would require the preparation of a subsequent environmental analysis pursuant to CEQA Guidelines.Accordingly,Addendum No. 2(Exhibit'A')to the MND is hereby adopted; and Section 7: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 16.08.020, 17.60.060, 17.68.040(0) and 17.76.040(H) 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 November 11, 2015. Section 8: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings,the Planning Commission of the City of Rancho Palos Verdes hereby adopts Addendum No. 2 of a Mitigated Negative Declaration as described in the attached Exhibit 'A', and approves the 2nd compliance review, subject to the amended conditions of approval contained in the attached Exhibit'13', which is incorporated herein by this reference. PASSED,APPROVED,AND ADOPTED this 27th day of October 2015 by the following vote: AYES: Commissioners Emenhiser, Gerstner, Vice Chairman Tomblin and Chairman Nelson NOES: Commissioners Cruikshank and James ABSTENTIONS: None ABSENT: None RECUSALS: Commissioner Leon ,7' Robert Nelson Planning Commission Chairman Air Joel Ro.- Com ► nit Develop /nt Director; and, Secr:to t• the Plan n Commission rY 9 EXHIBIT 'A' TO PC RESOLUTION 2015-19 ADDENDUM NO. 2 MITIGATED NEGATIVE DECLARATION (MND) FOR THE POINT VIEW MASTER USE PLAN (PLANNING CASE NO. ZON2010-00087) Project Background: On January 8, 2013, the Planning Commission adopted P.C. Resolution Nos. 2013-02 and 2013-03, adopting a Mitigated Negative Declaration and conditionally approving the Point View Master Use Plan (Case No. ZON2010-00087), on property located at 6001 Palos Verdes Drive South. The Master Use Plan includes 25.5-acres of agricultural uses; a 9-hole golf course and sand traps; a paved internal driveway;and site improvements to host 30 public or private events per year, on the "Event Garden" within the 95-acre property known as the Point View property. Prior to its adoption, on April 17, 2012 the City circulated the project's MND, and recirculated the MND on November 16, 2012, to the California State Clearing House for a posting and comment period of at least thirty days(as required by CEQA), and circulated to all appropriate public agencies for comment. All comments received from persons and responsible agencies were addressed,and the conditions and measures were incorporated to mitigate impacts resulting from the project. In adopting the MND, the Planning Commission found: 1) that there would be no significant adverse environmental impacts resulting from the development; and 2)that the impacts identified in the Initial Study could be mitigated through incorporation of mitigation measures to reduce any adverse impacts to adjacent properties, and therefore, upon the environment. On April 22, 2014, the City's Planning Commission adopted P.C. Resolution No. 2014-13, thereby adopting Addendum No. 1 to the approved Mitigated Negative Declaration, and approving certain modifications to the approved Conditions of Approval to allow the following changes to the approved project: • Language to ensure that vehicular access to the Event Garden by patrons, event attendees and any other members of the public is restricted from Narcissa Drive,and the gate at the entry point along Narcissa Drive be required to remain closed when not in use; and, • A requirement that future maintenance, alterations, slurry sealing,etc.to the portion of the main driveway access from Palos Verdes Drive South (PVDS) be reviewed and approved by the Community Development Director prior to any future applications in order to ensure that the finish of the driveway does not contrast with the surrounding landscape and blends with the natural environment; and, • The addition of up to 20 "small" events, which are defined as having less than 50 guests, no use of amplified sounds/music, and each small event would end b 8:00 pm. These "small" events were permitted in addition to the 30 events originally allowed; and, • The deletion of a condition that required a minimum of five (5) of the originally permitted 30 events to be reserved for non-profit organizations or public agencies; and, • The addition of a 4,000 square foot vegetable garden in an area to the west of the Event Garden area,which was not originally designated for agricultural use in CUP; and, • An additional compliance review of the CUP after the first"small" event occurs. Proposed Amendments: As a result of the public comments received following the October 8, 2015 public notice for the 2nd compliance review of the Point View Master Use Plan, and as a result of public testimony considered at the October 27, 2015 public hearing, the Planning Commission proposes to amend the project's Conditions of Approval to include an additional (3rd) compliance review of the project's operations at the end of the 2016 calendar year. Purpose: This Addendum to the previously approved Mitigated Negative Declaration is being prepared pursuant to Section 15164 of the California Environmental Quality Act(CEQA)Guidelines which allows for the lead agency to prepare an addendum to an adopted Mitigated Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. Pursuant to CEQA Section 15162, no subsequent Mitigated Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project that will required major revisions of the previous Mitigated Negative Declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will required major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity or previously identified significant effects; or, 3. New information of substantial importance identifies one or more significant effects not discussed in the previous Mitigated Negative Declaration, significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, mitigation measures or alternative previously found not to be feasible or not analyzed in the Mitigated Negative Declaration would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. Findings Regarding the Proposed Project Revisions: The Planning Commission has independently reviewed this item and determined that the proposed modifications to the conditions of approval to include an additional annual review at the end of the 2016 calendar year does not constitute a substantial change in the approved Point View Master Use Plan, and there have been no substantial changes to the approved project as a result of the 2nd compliance review and modifications to the conditions of approval. Thus, the modifications will not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that were previously identified and analyzed in the approved Mitigated Negative Declaration. Further, no new information of substantial importance was submitted to the City as a result of the 2nd compliance review, which was not previously known or could not have been previously known at the time the previous Mitigated Negative Declaration was adopted that shows: that there is one or more new, or substantially increased, significant impacts; that new feasible mitigation measures or alternatives exist; or that new considerably different mitigation measures are feasible to reduce the impacts. Therefore, pursuant to CEQA, the Planning Commission finds that the proposed modifications are within the scope of the previously approved Mitigated Negative Declaration that was prepared and adopted in conjunction with the Point View Master Use Plan, which was approved by the Planning Commission on January 8, 2013. As a result, no further environmental review is necessary other than the adoption of this Addendum No. 2. EXHIBIT `B' TO PC RESOLUTION 2015-19 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT & SITE PLAN REVIEW (aka POINT VIEW MASTER USE PLAN) (PLANNING CASE NO. ZON2010-00087) General 1. This approval is for the Point View Master Plan, which includes the following components: A. The expansion of agricultural uses on the property for up to 25.5-acres of orchards, vineyards and gardens; B. Development of an executive golf course, comprised of 5 tee locations with 9 holes; C. Provision of a paved internal driveway through the property to connect the cook shack area with Palos Verdes Drive South, and after-the-fact approval of a paved driveway between Narcissa Drive and the cook shack area; D. Improvements to the existing cook shack area of the property, which include a trellis and fountain; and, E. Up to 30 public or private events per year on the property. 2. Within ninety (90) days of this approval, the applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all conditions of approval contained in this approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 3. Construction and implementation of the approved project shall substantially comply with the plans originally stamped APPROVED; the mitigation measures, conditions and development standards contained in PC Resolution No. 2013-02 and PC Resolution No. 2013-03; and, the Rancho Palos Verdes Development Code. 4. The Community Development Director is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications shall be subject to review and approval by the Planning Commission. 5. All mitigation measures contained in the approved Mitigation Monitoring and Reporting Program (MMRP) contained in Resolution No. 2013-02 for the Mitigated Negative Declaration (MND) shall be adhered to. The mitigation measures are repeated herein under the appropriate subject heading, sometimes with clarifying language that may differ from the MMRP. All costs associated with implementation of the Mitigation Monitoring Program and the conditions contained herein shall be the responsibility of the property owner, and/or any successors in interest. 6. The Conditions of Approval contained herein shall be subject to review and modification, as deemed necessary and appropriate by the Planning Commission at a noticed public hearing held 6-months after the first event on the subject property. At the review hearing, the Planning Commission may add, delete or modify any conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500' radius from the entire project's boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 6-month review, the Planning Commission may consider and review compliance with all the conditions of approval, assess any lighting and noise impacts, and address any other concerns raised by Staff, the Commission and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the review. 6.a. The Conditions of Approval contained herein shall be subject to an additional review and modification, as deemed necessary and appropriate by the Planning Commission at a noticed public hearing held 6-months after the first "small event" (as defined by condition of approval no. 54.a, below) on the subject property. At the review hearing, the Planning Commission may add, delete or modify any conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500' radius from the entire project's boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 6-month review, the Planning Commission may consider and review compliance with all the conditions of approval, and address any other concerns raised by Staff, the Commission, property owner and/or interested parties. (Condition of Approval added by the Planning Commission on April 22, 2014) 6.b. The Conditions of Approval contained herein shall be subject to additional reviews and modifications, as deemed necessary and appropriate by the Planning Commission at noticed public hearings to be held in May 2016 and in the fall of the 2016 calendar year. At the review hearing, the Planning Commission may add, delete or modify any conditions of approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500' radius from the entire projects boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 2016 review, the Planning Commission may consider and review compliance with all conditions of approval, and address any other concerns raised by Staff, the Commission, the property owner and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the review. (Condition of Approval added by the Planning Commission on October 27, 2015) 7. Permitted hours and days for all construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code without a special construction permit. 8. Prior to the issuance of any building and/or grading permit, or prior to planting any of the orchards and vineyards (whichever occurs first), a Standard Urban Stormwater Mitigation Plan (SUSMP), as required by the City of Rancho Palos Verdes Stormwater Planning Program (Priority Development & Redevelopment Projects), shall be submitted for review and approval by the City's NPDES consultant. The cost of the review by the City's NPDES consultant shall be borne by the applicant. The SUSMP shall address all components of the project, including the golf course, paved driveways, and agricultural uses. [Mitigation Measure HYD-1 (Water Quality Impacts)] 9. As project construction would disturb one or more acres of soil, all grading activities shall occur in accordance with the City of Rancho Palos Verdes Minimum Best Management Practices (BMPs) for All Construction Sites (Form OC-1). As required by Form OC-1, project construction shall occur in accordance with the National Pollutant Discharge Elimination System (NPDES) and shall implement, at a minimum, sediment control, a wet weather erosion control plan (WWECP), hillside BMPs, construction materials controls, non-stormwater runoff controls, and erosion controls. Further, the project applicant shall incorporate BMPs as established in the City-approved Standard Urban Stormwater Mitigation Plan (SUSMP), as required by the City of Rancho Palos Verdes Stormwater Planning Program (Priority Development & Redevelopment Projects). [Mitigation Measure HYD-2 (Water Quality Impacts)] 10. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to help control runoff from the project site during project construction activities. 11. No grading is allowed, with the exception of: a) tilling of the soil for the agricultural and horticultural uses; and, b) the removal of the gravel and smoothing of the existing driveway for the preparation of the all-weather driveway. 12. No signage is approved or permitted by this permit. However, the applicant shall post signage that identifies the name and telephone number of a contact person that is available during events for ensuring compliance with the conditions and mitigation measures contained herein. The sign containing the contact information shall not exceed 4 square feet in area. Signs with the contact information shall be posted at visible locations on the access gate at Palos Verdes Drive South and at the access gate at Narcissa Drive. The signs shall be posted prior to the first event. Agriculture 13. A maximum of 25.5-acres of agricultural uses are allowed on the subject property, which includes a combination of avocado orchards, citrus orchards, vineyards, vegetable gardens and olive orchards, in the locations shown on the plan approved by the Planning Commission on January 8, 2013. Inclusive in the 25.5-acres of agricultural uses specified in this condition, a 4,000 square foot vegetable garden may be located in an area to the west of the Event Garden area as illustrated in the plans presented to the Planning Commission on March 25, 2014. (Condition of Approval modified by the Planning Commission on April 22, 2014) 14. All agricultural activity, including the picking of fruit, grapes, etc. and soil preparation weeding, etc., shall be limited to the hours between 7:00am and 7:00pm, Monday thru Sunday. Further, no mechanical equipment shall be used for any fruit picking activity. 15. The proposed project shall implement agricultural best-management practices (BMPs) in accordance with the recommendations in Chapter 3 of the Sonoma County Agricultural Commissioner's Office Best Management Practices for Agricultural Erosion and Sediment Control. The "Cover Crop" BMPs (e.g., crop cover grass, straw mulch, and fiber rolls) shall be sized so that the width of the BMPs is equivalent to the width of the area to be treated. The "Crop Cover" BMPs shall cover the entire agricultural areas for the orchard and vineyard portions of the project site. For each orchard or vineyard row, the downstream row shall treat the upstream flow. The width of the "Cover Crop" BMPs for the downstream row shall be an equal width to the upstream row that it is treating. The orchard or vineyard row that is furthest downstream shall be treated by the "Cover Crop" BMP area that shall extend the width of the orchard or vineyard row beyond that row, or a minimum of 20 feet if the row separations are less than 20 feet apart. The "Cover Crop" shall also adhere to the following recommendations: • Thick cover crops should be established by October 15 and maintained throughout the rainy season (until April 15). • Broadcast crop cover seeding shall be completed in the fall. In order to have adequate protection by the start of the rainy season (October 15), the seed should be planted by mid-September. Initial irrigation will be required for most grasses with follow-up irrigation and fertilization. The cover crop should look like a lawn by October 15 (for new plantings and November 15 for replants) in order to provide adequate protection for the soil during the first heavy rains. • If the cover crop cannot be planted and irrigated by mid-September, then the seed may be planted in October and covered with straw mulch applied at the rate of two tons per acre (about 42 bales per acre). The straw should be applied to a point where the soil is no longer visible. • If rain is likely after the cover crop has been tilled and there is no perimeter erosion control, straw mulch shall be used at the rate of two tons per acre (about 42 bales per acre) in areas where cover crops are planted. • Whenever possible, avoid tilling early in the spring or late in the fall. • Minimize tillage practices, especially if slopes are greater than nominal (>5-10%) or if soils are highly erodible. • Do not till turn-around areas except for the infrequent need to reduce compaction. In this case, promptly cover the soil with straw mulch and replant with a cover crop before the rainy season. • Avoid bringing equipment into the vineyard/orchard during the wet season. Close seasonal roads to traffic and maintain permanent roads to prevent erosion. • Keep on site extra erosion control materials such as straw bales or wattles, gravel or geo-textile fabric and train vineyard/orchard crews in their proper installation. • If necessary, provide Straw Mulch per California BMP Handbook BMP number EC-6. • If soil is highly erosive, provide Fiber Rolls per California BMP Handbook BMP number SE-5. [Mitigation Measure HYD-7 (Water Quality Impacts from Agricultural Uses)] 16. All structural agricultural BMPs shall be accessible for inspection by City personnel during regular business hours. Additionally, all maintenance shall be completed in accordance with the Operations & Maintenance (O&M) for Combination of Cover Crop, Straw Mulch, and Fiber Rolls for Agricultural Areas Including Vineyards and Orchards. [Mitigation Measure HYD-8 (Water Quality Impacts from Agricultural Uses)] 17. All mechanized construction equipment operated at the project site shall be equipped with the most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures. All equipment shall be properly maintained to ensure that no additional noise, due to worn or improperly maintained parts, would be generated. [Mitigation Measure NOISE-1 (Construction Noise Impacts)] 18. Construction vehicles, to the extent feasible, shall limit operations in areas of the site proximate to residential uses. [Mitigation Measure NOISE-2 (Construction Noise Impacts)] 19. The operation of hand augers for the planting of crops shall not occur within 120 feet of adjacent residential uses. [Mitigation Measure NOISE-3 (Construction Noise Impacts)] 20. Construction and on-going operational activities shall not result in the removal of coastal sage scrub or disturbed coastal sage scrub as identified in the Biological Resources Assessment published by Natural Resource Consultants, dated September 2003, and updated by PCR Services in 2012. [Mitigation Measure 610-1 (Coastal California Gnatcatcher Impacts)] 21. To the maximum extent practicable, all construction activities shall be conducted outside of the coastal California gnatcatcher breeding season (February 15-August 30). Should work be conducted or should new phases of construction begin within the breeding season, three pre-construction surveys shall be conducted by a qualified and permitted biologist within one week prior to initiation of each phase of construction activities and all results forwarded to the US Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG). [Mitigation Measure BIO-2 (Coastal California Gnatcatcher Impacts)] 22. If during the pre-construction surveys, the coastal California gnatcatcher are found to occur within 300 feet of construction activity areas, the survey biologist shall inform the appropriate construction supervisor not to immediately commence such work in that area and shall consult with the US Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures shall be taken to ensure coastal California gnatcatchers are not affected. [Mitigation Measure BIO- 3 (Coastal California Gnatcatcher Impacts)] 23. To the maximum extent practicable, all construction activities shall be conducted outside of the white-tailed kite bird nesting season (February 1-August 31). [Mitigation Measure BIO-4 (White-tailed Kite Impacts)] 24. Should work be conducted within the white-tailed kite breeding season, a preconstruction nesting bird survey shall be conducted to ensure no impacts to white-tailed kite nests occur with implementation of the proposed project. Should work be conducted within 500 feet of the active nest within the breeding season, the monitoring biologist shall consult with the California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures shall be taken to ensure the active nest is not affected. [Mitigation Measure BIO-5 (White-tailed Kite Impacts)] 25. With respect to the cactus wren, to the maximum extent practicable, all construction activities shall be conducted outside of the nesting bird season (February 1-August 31). [Mitigation Measure BIO-6 (Cactus Wren Impacts)] 26. Should work be conducted within the cactus wren breeding season, in accordance with the Migratory Bird Treaty Act (MBTA), a pre-construction nesting bird survey shall be conducted to ensure no impacts to cactus wren nests occur with implementation of the proposed project. Should construction work be conducted within 100 feet of the active cactus wren nest within the breeding season, the monitoring biologist shall consult with the California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures should be taken to ensure the active nest is not affected. [Mitigation Measure BIO-7 (Cactus Wren Impacts)] 27. To the maximum extent practicable, all construction activities shall be conducted outside of the Palos Verdes blue butterfly's flight period (January 15-April 15). [Mitigation Measure BIO-8 (Palos Verdes Blue Butterfly Impacts)] 28. Should construction work be conducted within this period, any coastal sage scrub within 50 feet of the construction activity shall be surveyed for the presence of individual host plants. If found, the host plants will be flagged and focused surveys for the butterfly shall be conducted once a week as long as activities continue in the time period in accordance with the approved survey protocol within all areas of suitable habitat. If the butterfly is found, the monitoring biologist shall consult with the California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures shall be taken to ensure the butterflies are not affected. [Mitigation Measure BIO-9 (Palos Verdes Blue Butterfly Impacts)] 29. On-site avocados and olives shall be raised organically and the project shall seek continued certification (CCOF) by the California Certified Organic Farmers for the proposed orchards in order to produce crops without using most conventional pesticides and fertilizers made of synthetic ingredients or sewage sludge. All other crops i.e., grapes, citrus, garden vegetables) shall be grown, to the extent possible, with reliance on the same pesticides, fertilizers, and amendments as the avocados and olives. [Mitigation Measure BIO-10 (Palos Verdes Blue Butterfly Impacts)] 30. At no time in the future shall the project, including agricultural activities, be expanded beyond the limits shown in the approved site plan, and at no time shall the proposed project result in any loss of existing coastal sage scrub. [Mitigation Measure BIO-11 (Non- Native Grasslands Impacts)] 31. The 25.5-acres of agricultural uses may be planted in phases over an unspecified period of time. As such, the owner shall submit a plan to the City prior to the planting of each phase illustrating the locations and areas to be planted. The owner shall pay a mitigation fee to the City equivalent to $20,000 per acre of lost non-native grassland prior to planting of said areas. The Director shall monitor the amount of agricultural uses on the property to ensure that not more than a total of 25.5-acres of agricultural uses are planted on the subject property, and that no more than 9.78-acres of non-native grassland are lost. Thus, a total cumulative mitigation fee of $97,800 shall be collected for the 4.89-acres of non- native grassland impacts. [Mitigation Measure BIO-12 (Non-Native Grasslands Impacts)] Golf Course 32. The golf course shall be comprised of a 2.5-acre area, located 500-feet west of the cook shack/event garden area. 33. The golf course shall include the following: • Two (2) greens that shall be irregularly shaped, and shall be limited to a maximum of 400 square feet each. • The putting surface shall be artificial turf (pervious) over sand or dirt. • Small sand bunkers (not more than 200 square feet) shall border the side of each green. • Tees shall be generally located to the north, west, and east of the greens at a range of 25-150 yards from the greens. • Five (5) tee locations, of which four shall be used to drive to each green, creating an equivalent of 9 holes of play. • Each tee shall be limited to an area of 4 feet by 4 feet, and shall be of pervious artificial turf surface. • No grading is allowed, and no habitat shall be disturbed or impacted. 34. The proposed golf course facility shall not include any grading, and the greens and tees shall be constructed with artificial turf. 35. The golf course shall not be open to the general public. The golf course shall only be made available to guests of the landowner or participants in any of the 30 approved events on site. 36. The golf course shall not be operated as an independent commercial venture and no green fees shall be collected. 37. Golf course play shall be limited to daylight hours only. No lights may be installed or used in conjunction with the golf course. Paved Driveways 38. Permitted hours and days of construction for the driveway shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday, with no such activities permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code without a special construction permit. 39. Subject to the satisfaction of the Community Development Director, the portion of the paved internal driveway, between the existing driveway approach along PVDS and uphill to where the property flattens, shall be paved with an earth-tone-colored surface material. [Mitigation Measure AES-1(Driveway Impacts)]. Any future maintenance, alterations, slurry sealing, or the like to the portion of the paved internal driveway described in this condition of approval, shall be presented to the Community Development Director for approval prior to its application to ensure that the finish of the driveway shall not contrast with the surrounding area. (Condition of Approval modified by the Planning Commission on April 22, 2014) 40. The City shall monitor any complaints regarding vehicle lights leaving the project site. If these complaints are determined to be valid, the City shall require the applicant to plant vegetation, or provide other methods of screening, as part of the 6-month review for the project's Conditional Use Permit (CUP), and/or the Special Use Permit application process for an event exceeding 300 guests. [Mitigation Measure AES-2 (Vehicle Headlight Impacts)] 41. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an earth tone color approved by the Community Development Director prior to building permit final. 42. To address trash, bacteria, and nutrients (identified by the City as pollutants of concern) that may not be treated effectively by the proposed roadway Vegetated Buffer Strip, institutional controls shall be implemented to guard against stormwater quality impacts. These institutional controls shall include at a minimum, signage discouraging off-trail usage and sweeping the roadway as needed to remove sediment and equestrian waste from the roadway. To ensure that roadway sweeping occurs as frequently as needed, an assessment of roadway and other circulation areas shall be made by the project applicant after each event and during heavy agricultural usage. If warranted based on this assessment, sweeping and trash removal in the affected areas shall be undertaken immediately. [Mitigation Measure HYD-6 (Water Quality Impacts)] 43. Site surface drainage measures included in the project's geology and soils report shall be implemented by the project developer during the life of the project. 44. In accordance with the project's operational Standard Urban Stormwater Mitigation Plan (SUSMP), as prepared by Rothman Engineering, the proposed project shall implement a Vegetated Buffer Strip (TC-31) along the length of the proposed driveway. This Vegetated Buffer Strip will consist of approved vegetation for the length of the driveway with a minimum width of 20 feet per the California BMP Handbook (BMP No. TC-31). Within the Vegetated Buffer Strip, any bare soil shall be planted with approved vegetation to match the existing vegetation. To ensure that these buffer strips can accommodate areas upstream of the roadway (with the inclusion project's required agricultural BMPs), the applicability of the buffer strips in these areas should be demonstrated prior to their acceptance and implementation. [Mitigation Measure HYD-3 (Water Quality Impacts)] 45. In accordance with the proposed project's Standard Urban Stormwater Mitigation Plan (SUSMP), as prepared by Rothman Engineering, the proposed internal driveway shall include trench drains with catch basin filter inserts (KriStar FloGard LoPro Trench Drain Model No. FG-TDOF6 or equal, subject to the approval of the City) to capture and treat all runoff where the driveway's 1 percent cross-slope is not able to direct the runoff to the vegetated buffer strip (i.e., at either ends of the proposed driveway). These trench drains shall be located at each end of the proposed internal driveway, shall be stenciled with "No- Dumping — Drains to Ocean", and shall outlet within the Vegetated Buffer Strip. [Mitigation Measure HYD-4 (Water Quality Impacts)] 46. Prior to issuance of any building or grading permit, the City's NPDES consultant shall review and approve the project to ensure that the project will comply with all applicable requirements for the control and treatment of erosion and run-off from the project site. 47. All structural roadway BMPs shall be accessible for inspection by City personnel during regular business hours. Additionally, all maintenance shall be completed in accordance with the Operations & Maintenance (O&M) for Vegetated Buffer Strips or the O&M for Filter Inserts. [Mitigation Measure HYD-5 (Water Quality Impacts)] 48. In the event that any extra soil results from the preparation process to pave the existing gravel/dirt driveway, the excess soil shall not be spread throughout the site and shall be exported from the project site via a haul route approved by the Director of Public Works. 49. Drainage from the driveway shall be directed away from Narcissa Drive. 50. Landscaping, walls or other site improvements at or near the project driveway at Palos Verdes Drive South shall not obstruct a driver's clear line of sight, to the satisfaction of the Director of Public Works. 51. The proposed Point View Internal Driveway shall be limited to right-turns in/right-turns out only). [Mitigation Measure TRAF-1 (Driveway Impacts)] 52. The project's proposed internal driveway shall be striped so that the flow of driveway traffic is perpendicular to the flow of traffic on Palos Verdes Drive South. [Mitigation Measure TRAF-2 (Driveway Impacts)] 53. Low voltage solar lights, a maximum of 18-inches in height, shall be used to demarcate the paved driveways on the property. Any change to the type of lighting shall be approved by the Community Development Director prior to installation. Cook Shack/Event Garden 54. A maximum of 30 events are allowed annually at the event garden area of the property. An "event" counting towards the 30 event maximum cap is defined as any activity that meets at least one of the following conditions: (a) provides compensation to the property owner; (b) has 20 or more persons in attendance; or, (c) uses amplified sound. (Condition modified by the Planning Commission on April 22, 2014) 54.a. In addition to the quantity and types of events allowed pursuant to Condition of Approval No. 54 above, 20 "small events" are also allowed to occur annually at the Event Garden area, solely for the use by Terranea Resort, by charity organizations, or for private events held by the property owner. A "small event" is defined as any activity that meets all of the following conditions: > > ii. Does not exceed 50 guests, and, iii. Ends no later than 8:00 p.m. 9:30 p.m and all guests shall vacate the property by 8:30 p.m. 10:00 p.m. Further, all workers associated with the event shall vacate the property by 9:00 p.m. 10:00 p.m. iv. Amplified sound is permitted for the 20 small events provided the amplified sounds do not create significant noise impacts to surrounding residential neighbors, and provided the noise levels remain within the limitations established with the initial noise study of the approved Mitigated Negative Declaration. Should any noise impacts occur, the 20 small events shall revert back to the original permitted hours (8:00 p.m.) and no amplified sounds shall be permitted. (Condition of Approval added by the Planning Commission on April 22, 2014) (Condition of Approval amended by the Planning Commission on October 27, 2015 (Condition deleted by the Planning Commission on April 22, 2014) 56. Events shall include, fund raising and charity events, private parties, public and community events, weddings and receptions, corporate parties, outdoor conferences, and educational events. 57. Maximum attendance at any event shall be limited to 300 guests (not including event staff, security/safety personnel, etc.). For any event that would generate over 300 people, approval of a Special Use Permit (SUP) by the Community Development Department shall be required in advance of the event. 58. On an annual basis, a report shall be submitted to the Community Development Director by January 15 of each year, which lists all the events conducted during the previous calendar year. The report shall include information regarding each event, the purpose of each event, the number of attendees, and the group/organization/person(s) that hosted each event. 59. The serving and/or consumption of alcohol at events shall be in accordance with any licensing requirements of the California Department of Alcoholic Beverage Control. 60. Vehicular access to the cook shack/event garden area from Narcissa Drive by patrons, event attendees, and any other members of the general public is prohibited. The gate at the entry point along Narcissa Drive shall remain closed when not in use. (Condition of Approval modified by the Planning Commission on April 22, 2014) 61. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the Rancho Palos Verdes Development Code. 62. Prior to any Building Permit issuance or prior to the first event (whichever occurs first), the applicant shall submit a final site lighting plan prepared by a lighting consultant, for the review and approval of the Community Development Director. The lighting plan shall include the location, height, number of lights, foot candles by area and, estimates of maximum illumination on site with no spill/glare at the property line. The lighting plan shall also demonstrate that all lighting fixtures on the buildings and throughout the entire project site shall be designed and installed so as to contain light on the subject property and not spill over or be directed toward adjacent properties or public rights-of-way. The light source on each fixture shall be shielded such that the light source is not visible from the public rights-of-way or adjacent properties. 63. Installation of temporary ambient lighting is allowed, as needed for individual events. Such lighting shall be removed within 24 hours after the conclusion of the event. 64. When necessary, temporary down lights will be installed in the food preparation area (outside the wall in the patio/barbeque area). These lights will be used for food preparation and clean-up, and shall be turned off within 1-hour after the event or by 11:00 pm, whichever is earlier. 65. No one light fixture shall exceed 1,200 watts, and the light source shall not be directed toward or result in direct illumination of an adjacent parcel of property or properties other than upon which such light source is physically located. All exterior lighting shall be arranged and shielded so as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on public rights-of-way. 66. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. 67. The applicant shall treat the face of the existing pony wall to reduce the reflection off of the wall and back towards the residential area as shown in Figure B-2. The wall shall be covered with either a permanent or temporary sound absorption panel or blanket prior to any event authorized by the CUP. The sound absorption panel or blanket shall have a Noise Reduction Coefficient (NRC) of 0.75 or greater. The sound absorption panel or blanket sound data shall be submitted to the Community Development Director. [Mitigation Measure NOISE-4 (Operational Noise Impact] 68. Prior to the start of each on-site event, any disc jockey using amplified sound and/or musicians performing at the project site shall execute an entertainment agreement with the applicant. This entertainment agreement shall stipulate that, at a minimum: • All amplified performers shall be approved by the landowner or designated representative. • All DJs/musicians shall utilize the landowner's sound system, which include the decorative "rock" speakers and other on-site fixed speakers, and the pair of QSC-8 stand-mounted sound-minimizing speakers (or similar). The performer shall use all pre-approved settings and speaker direction. • Within the event garden portion of the landscaped patio/event garden area, the stand-mounted movable speakers shall be oriented towards the existing pony wall and the top of the speakers shall be no higher than 5 feet above the ground. • The stand-mounted, sound-minimizing speakers (QSC-8 or similar) shall be tilted downward at 7.5 degrees and be directed away from the Portuguese Bend community. • The volume of movable speakers should be set no greater than 6 at the volume controller of the speakers. • DJs shall locate equipment per the landowner's instructions. • All amplified sound and/or musicians shall be limited to the hours when events are permitted. • DJs and/or musicians shall calibrate sound equipment or musical instruments for low bass and for volumes not to exceed 86 db (a volume setting of 6) at the source. • Musicians shall utilize low-volume instruments, including but not limited to: acoustic instruments; string instruments (e.g., guitar, banjo, etc.); harp; violin, cello, or similar; string quartet (e.g., trio, duo, etc.); woodwinds (e.g., flute, clarinets, etc.); piano; accordion; tambourine; and singer(s)/choir. No drums shall be used. • The landowner shall retain the right to terminate any amplified music and/or musicians who do not meet the specific performance criteria established in the entertainment agreement. Performers shall be notified that if the terms of the entertainment agreement are violated, that the security deposit will be forfeited and the performers shall vacate the property immediately. [Mitigation Measure NOISE-5 (Operational Noise Impacts)] 69. Event activities at the ceremony lawn area shall not be allowed after 6:00 P.M. and shall not include amplified music. [Mitigation Measure NOISE-6 (Operational Noise Impacts)] 70. All events shall end no later than 9:30 p.m. and all guests shall vacate the property by 10 p.m. Further, all workers associated with the event shall vacate the property by 10:30 p.m. 71. The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be prohibited during all events. 72. A review shall be conducted by the landowner to evaluate the effectiveness of event- related noise mitigation measures twice a year with a report of said evaluation submitted to the Community Development Department for review and consideration. The review shall include the results of monitoring by an acoustical consultant approved by the City of noise levels from one or more events expected to have the highest attendance levels (at or near 300 persons) that also include music. The report shall document compliance with the event-related noise thresholds in the Mitigated Negative Declaration. If the City finds that noise from an event has resulted in the exceedance of any event-related noise threshold(s), the City shall require further restrictions on events, including event size, location and operational characteristics. After two years, if the reporting and review process demonstrates on-going compliance to the City's satisfaction, the City may elect to terminate or modify the reporting and review process. [Mitigation Measure NOISE-7 (Operational Noise Impacts)] 73. At least 30-days prior to the first event, the applicant shall request that the Director or his/her designee conduct an inspection of the site to ensure that there is no spill-over of light onto adjacent properties or cause a negative impact to adjacent properties or public rights-of-way and that the light sources on each fixture is appropriately shielded such that the light source is not visible from the public rights-of-way or adjacent properties. Upon determination by the Director that any installed lighting creates an impact, the property owner shall modify said lighting to the satisfaction of the Director prior to the event. Cultural Resources (MMRP) 74. Prior to the construction of any component of the proposed project, a qualified archaeologist/paleontologist shall be consulted to investigate the potential to preserve in- place Archaeological Sites CA-LAN-1019 and CA-LA-2485 and their associated artifacts within those areas. Such avoidance measure considerations may include relocation or redesign of these two project components, archaeological site burial, vegetation cover of archaeological sites, public access restrictions to archaeological sites, and/or signage. [Mitigation Measure CULT-1 (Archaeological Site Impacts)] 75. Should preservation of any of these sites (CA-LAN-1019 and CA-LAN-2485) or other discovered sites be determined infeasible by the qualified archaeologist/paleontologist, a Phase III Data Recovery (salvage excavation) program shall be completed at each of the sites directly impacted by the proposed project. The salvage excavation program would be completed by conducting controlled archaeological excavations to extract any materials or data prior to the start of development. Any archaeological data recovery excavations within these sites shall be focused on areas that will be directly impacted by the proposed project. As such, data recovery excavations shall not be necessary in areas that would not be directly impacted. A Data Recovery Plan (DRP) for controlled scientific excavation and data retrieval should be developed by a qualified archaeologist. The purpose of archaeological data recovery is to gather, through excavation and analysis, the information that made each site significant. The DRP is a research design that outlines the documentary research, field objectives, laboratory analysis, and reporting. The DRP should include the following: a summary of the site, as determined from the Phase I and Phase II investigations; a discussion of the categories of data present on the site that contributed to the determination of significance (e.g., specific artifact categories, features, structural remains, specialized remains such as faunal, etc.); a presentation of background information from the literature that outlines the research topics that will be addressed for the excavation project; a discussion of the field techniques and sampling design needed to recover the types of information that are addressed for the site; an analysis plan that details the specific techniques (e.g., C-14 or other dating methods, botanical identification, lithic and/or micro-wear analysis, geomorphological assessment, etc.) that will gather the data to address the research objectives; procedures for handling human remains, if they are found; plans for public outreach during and/or after excavation; plans for dissemination of important results to lay and professional audiences; and plans for the curation of artifacts and documents associated with the excavation project. The DRP should be consistent with the OHP's Archaeological Resources Management Reports: Recommended Contents and Format (1989), the Guidelines for Archaeological Research Design (1991), and the Guidelines for the Curation of Archaeological Collections (1993). Additionally, the DRP should be consistent with the Secretary of the Interior's Standards and Guidelines for Archaeological Documentation. [Mitigation Measure CULT-2 (Archaeological Site Impacts)] 76. Due to the high probability of buried cultural materials or the potential for the Altamira Shale to contain surface paleontological material within the project site, initial ground disturbing activities shall be monitored by a qualified archaeologist/paleontologist. The archaeologist/paleontologist shall have the authority to stop work if sensitive or potentially significant cultural remains, or paleontological resources, are discovered during excavation or ground disturbing activities, and develop a mitigation or avoidance strategy. [Mitigation Measure CULT-3 (Archaeological Site Impacts)] 77. At the commencement of project construction, all workers associated with ground- disturbing activities (particularly remedial grading and excavation) shall be given an orientation regarding the possibility of exposing unexpected archaeological material, cultural remains, or paleontological resources by a qualified by a qualified archaeologist/paleontologist who satisfies the Secretary of Interior's Professional Qualification Standards for Archaeology (prehistoric/historic archaeology), pursuant to 36 CFR 61. Workers shall be informed on the appearance of archaeological material and fossils, and proper notification procedures by a qualified archaeologist/paleontologist. The archaeologist/paleontologist shall also instruct the workers as to what steps are to be taken if such a find is encountered. [Mitigation Measure CULT-4 (Archaeological Site Impacts)] 78. If archaeological, paleontological, and/or cultural materials are discovered during ground disturbing activity, work will stop in the immediate area and be redirected elsewhere until the archaeologist/paleontologist has evaluated the situation and provided recommendations. Upon such discoveries the archaeologist/paleontologist shall notify the applicant and the City of Rancho Palos Verdes. The qualified archaeologist/archeologist shall determine the discovery's significance and, if necessary, formulate a mitigation plan, including avoidance alternatives, if feasible, to mitigate impacts. Work can only resume in that area with the approval of the project archaeologist/paleontologist. Upon discovery of prehistoric archaeological and/or cultural materials, or Native American remains, the project archaeologist/paleontologist shall contact the City and indicate that a Native American of Gabrielino descent be retained to observe and, as directed by the archaeologist/paleontologist, assist in the identification of the resource or human remains. The Native American monitor shall be retained by the applicant from a list of suitable candidates from the Native American Heritage Commission. [Mitigation Measure CULT-5 (Archaeological Site Impacts)] Geology and Soils (MMRP) 79. The proposed project shall limit irrigation and concentrated groundwater infiltration to the maximum extent feasible to reduce or avoid potential effects on existing landslides. To confirm that groundwater infiltration is being limited successfully, the applicant shall develop and implement a detailed Vadose Zone Monitoring Program for irrigated areas of the site within the footprint of Ancient Portuguese Bend Landslide Complex. Monitoring soil moisture in the vadose zone would serve as a proxy and early warning for potential changes in the saturated zone. Implementation of this monitoring program will allow for ongoing evaluations of changes in degree of soil saturation within the upper soil layers. Prior to commencing the proposed agricultural operations, the detailed Vadose Zone Monitoring Plan shall be submitted by the property owner to the City for review and approval by the appropriate consultant retained by the City. The monitoring plan shall, at a minimum, establish the location, depth, and type of monitoring equipment, the frequency of data gathering, and the existing soil moisture content. An effective monitoring program shall require a period of baseline monitoring to establish seasonal trends. The cost of the City's review of the monitoring plan shall be borne by the applicant. As a performance standard, no increase in soil moisture as a result of irrigation should be allowed at depths greater than 5 feet (60 inches) below ground surface unless a greater depth is established in a technical report submitted by the applicant and approved by the City. Changes in soil moisture below this depth may indicate that there is potential for groundwater conditions at the site to be affected locally by the operation. In such instance, irrigation should be suspended, and the City geologist shall evaluate conditions and require corrective actions by the applicant if warranted, including permanent suspension of irrigation in the area, or changes in the type, amount or frequency of irrigation. Monitoring reports of the soil moisture shall be submitted to the City Geologist, a minimum of once quarterly, with potential for adjustment by the City after a year of monitoring is completed. Routine onsite monitoring may be carried out by on-site staff trained in the use of the identified equipment. [Mitigation Measure GEO-1 (Landsliding Effects)] 80. With the exception of vehicle or pedestrian crossings, all water and irrigation lines within the property shall be above ground to facilitate visual inspection. [Mitigation Measure GEO-2 (Landsliding Effects)] Further, and leaks or breaks in the water and irrigation lines shall be repaired immediately. 81. Prior to the issuance of a building permit by the City's Building Official, the applicant shall obtain final approval of the grading and construction plans from the City's geotechnical consultant. This review shall include analysis of any potential impacts resulting from the former landslide condition on the subject property. The applicant shall be responsible for the preparation and submittal of all soil engineering and/or geology reports required by the City's geotechnical consultant in order to grant such final approval. Hazards and Hazardous Materials (MMRP) 82. Prior to approval of grading permits, the applicant shall obtain a statistically valid number of soil samples from areas of the project site subject to ground-disturbing activities, but not dedicated for agricultural uses. These samples shall be analyzed for the presence of residual pesticides. If significant concentrations of pesticides are found above California Human Health screening levels, the site shall be further assessed and/or remediated in accordance with regulatory requirements. [Mitigation Measure HAZ-1 (Residual Pesticides)] Indemnification 83. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents,'departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof(including actions approved by the voters of the City), for or concerning the project.