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CC RES 2009-058 RESOLUTION NO. 2009-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CASE NO.ZON2009-00053, A ZONE CHANGE FOR E. TRACT 16540-PORTUGUESE BEND CLUB WHICH ENCOMPASSES THE FOLLOWING ADDRESSES:4156,4150,4144,4136,4126, 4124,4112,4110,4104,AND 4048 PALOS VERDES DRIVE SOUTH; 4111,4109, 4105, 4101, 4100, 4108, 4112 SEA HORSE LANE; AND 4187, 4188, 4184, 4181, 4178, 4174, 4173, 4171, 4170, 4164, 4161, 4158, 4157, 4151, 4150, 4147, 4144, 4130, 4125, 4118, 4115, 4110, 4105, AND 4100 MARITIME RANCHO PALOS VERDES, CA 90275. WHEREAS, in 1957, Tract 16540 was recorded under the County of Los Angeles for a total of 42 legal lots, whereby 31 housing units were relocated from the land area affected by the Portuguese Bend Landslide to the new subdivision between 1958 and 1959 and the remaining 11 lots were developed with custom homes; and, WHEREAS, in 1975, the City's first Zoning Map was adopted and the properties located within Tract 16540 were placed within two zoning districts, RS-2 and RS-5, whereby some properties were designated wholly RS-2 or RS-5 and some properties contained dual zoning with both RS-2 and RS-5; and, WHEREAS, in 1975, the City's first Zoning Map was adopted and a number of properties along the south side of Maritime Road also included an Open Space Hazard (OH) zoning designation; and, WHEREAS, in 1978, the City's Coastal Specific Plan was adopted, in compliance with the mandates established by the California Coast Act for establishing a Local Coastal Program within the City's Coastal Zone (all land seaward of.Palos Verdes Drive West and Palos Verdes Drive South), and the City's Coastal Specific Plan established a total of eight (8) Subregions, whereby Tract 16540 is located within Subregion six (6); and, WHEREAS, on March 3, 2009,the City Council approved a Director-initiated Zone Change Initiation Request(ZCAIR)to bring a Zone Change before the Planning Commission for review and preparation of a formal recommendation to the City Council regarding the Zone Change of Tract 16540; and, WHEREAS, 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 City of Rancho Palos Verdes has prepared an Initial Study and determined that there is no substantial evidence that approval of the Zone Change would result in a significant adverse effect on the environment, and therefore, a Negative Declaration has been prepared and notice of the fact was given in the manner required by law; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code,the Planning Commission held a duly noticed public hearing on May 12, 2009, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, the Planning Commission adoptrd P.C. Resolution No. 2009-20, recommending that the City Council certify a Negative Declaration pursuant to the California Environmental Quality Act, and P.C. Resolution No. 2009-21 recommending that the City Council approve a Zone Change for East Tract 16540 in the Portuguese Bend Club to establish one consistent zoning designation within Tract 16540; and,. WHEREAS, after a notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council opened up the public hearing on July 7, 2009, at which time all interested parties were given an opportunity to be heard and present evidence and subsequently continued the proposed "clean-up" Zone Change to August 4, 2009 to allow time for the Planning Commission to consider a Lot Line Adjustment(LLA) appeal that involves one of the 42 properties subject to the "clean-up" Zone Change. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council has independently reviewed and considered the proposed Negative Declaration, the public comments upon it, and other evidence before the Council prior to taking action on the proposed project and finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that the approval of Case No. ZON2009-00053, a Zone Change,would result in a significant adverse effect upon the environment. Section 2: Case No. ZON2009-00053 for a Zone Change would be consistent with the City's Local Coastal Specific Plan, existing development, density and underlying lot sizes which average 7,080 square feet. Section 3: No site disturbance or alteration will result from the approval of Case No. ZON2009-00053 for a Zone Change since the project area is already built-out with residential structures and uses; and therefore,the project will have no individual or cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and Game Code. Section 4: Based upon the foregoing findings, the adoption of the proposed Negative Declaration is in the public interest. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record,the proposed Negative Declaration, and the public comments received by the Council,the City Council of the City of Rancho Palos Verdes hereby certifies that the Negative Declaration (attached as Exhibit A) has been prepared in compliance with the California Environmental Quality Act. Resolution No. 2009-58 Page 2 of 3 PASSED, APPROVED, and ADOPTED this 4th day of August 2009. NIP r , Mayor ATTEST: &44-C771/70f--4---edA---- City Clerk State of California ) County of Los Angeles ) ss City or Rancho Palos Verdes ) I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2009-58 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 4t", 2009. City Clerk Resolution No. 2009-58 Page 3 of 3 City of Rancho Palos Verdes ENVIRONMENTAL CHECKLIST FORM 1. Project title: East Tract 16540 Portuguese Bend Club Zone Change (Case No. ZON2009-00053) 2. Lead agency name/ address: City of Rancho Palos Verdes Department of Planning, Building & Code Enforcement 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 3. Contact person and phone number: Leza Mikhail, Associate Planner City of Rancho Palos Verdes (310) 544-5228 4. Project location: East Tract 16540 Portuguese Bend Club located seaward of Palos Verdes Drive South and east of Yacht Harbor Drive The following APN's from Book 7564, Pages 22 and 23 and corresponding mailing addresses: The properties include 4156 (APN 7564-022-036), 4150 (APN 7564-022- 004), 4144 (APN 7564-022-005), 4136 (APN 7564-022-006), 4126 (APN 7564-022-007). 4124 (APN 7564-022-008), 4112 (APN 7564-022-009), 4110 (APN 7564-022-010), 4104 (APN 7564-022-011), 4048 (APN 7564-022-012) Palos Verdes Drive South; 4111 (APN 7564-022-022), 4109 (APN 7564-022-023), 4105 (APN 7564-022-024), 4101 (APN 7564- 022-025), 4100 (APN 7564-022-026), 4108(APN 7564-022-027), 4112 (APN 7564-022- 028) Sea Horse Lane; and 4194 (APN 7564-023-018), 4187 (APN 7564-022-033), 4188 (APN 7564-023-013), 4184 (APN 7564-023-012), 4181 (APN 7564-022-015), 4178 (APN 7564-023-011), 4174 (APN 7564-023-010), 4173 (APN 7564-022-016), 4171 (APN 7564- 022-017), 4170 (APN 7564-023-009), 4164 (APN 7564-023-008), 4161 (APN 7564-022- 018), 4158 (APN 7564-023-007), 4157 (APN 7564-022-019), 4151 (APN 7564-022-020). 4150 (APN 7564-023-006), 4147 (APN 7564-022-021), 4144 (APN 7564-023-005), 4130 (APN 7564-023-004), 4125 (APN 7564-022-029), 4118 (APN 7564-023-003), 4115 (APN 7564-022-030). 4110 (APN 7564-023-002), 4105 (APN 7564-023-001). 4100 (APN 7564- 023-017) Maritime Road. City of Rancho Palos Verdes County of Los Angeles 5. Project sponsor's names and addresses: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 6. General Plan designation: Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Residential 7. Coastal Plan designation: This project is located in Sub-region 6 of RPV Coastal Specific Plan (4-6 d.u. /ac. - Page 56-10 of the RPV Coastal Specific Plan) 8. Zoning: Current: Residential (RS-2 and RS-5) Proposed: Residential (RS-5) 9. Description of project: A Zone Change to eliminate the"dual zoning"designation found within the Portuguese Bend Bay Club East, Tract 16540 neighborhood. The City is proposing to change the zoning found within Tract 16540 from Single-Family Residential with both RS-2 (minimum lot size of 20,000 square feet and maximum lot coverage of 40%) and RS-5 (minimum lot size of 8,000 square feet with maximum lot coverage of 52%) zoning districts, to one consistent zoning district(RS-5). The areas of the Zone Change would be limited to the 42 existing residential lots within Tract 16540. The purpose of the zone change is to resolve the following issues: a) the average lot size within Tract 16540 is 7,080 square feet, which is more consistent with the lot requirements for the City's RS-5 zoning designation (minimum lot size of 8,000 square feet); b) one zoning district would eliminate the need for applying the more strict and inconsistent RS-2 zoning restrictions when both zoning districts (RS-2 and RS-5) traverse one individual lot; and c) changing the underlying zoning for Tract 16540 is consistent with the City's Coastal Specific Plan. 10. Description of project site (as it currently exists): The Tract 16540 area consists of a total of 42 properties, each developed with a single- family residential structure. The properties include 4156 (APN 7564-022-036), 4150 (APN 7564-022-004), 4144 (APN 7564-022-005), 4136 (APN 7564-022-006), 4126 (APN 7564-022-007), 4124 (APN 7564-022-008), 4112 (APN 7564-022-009). 4110 (APN 7564- 022-010), 4104 (APN 7564-022-011), 4048 (APN 7564-022-012) Palos Verdes Drive South; 4111 (APN 7564-022-022), 4109 (APN 7564-022-023), 4105 (APN 7564-022- 024), 4101 (APN 7564-022-025), 4100 (APN 7564-022-026), 4108(APN 7564-022-027), 4112 (APN 7564-022-028) Sea Horse Lane; and 4194 (APN 7564-023-018), 4187 (APN 7564-022-033), 4188 (APN 7564-023-013), 4184 (APN 7564-023-012), 4181 (APN 7564- 022-015), 4178 (APN 7564-023-011), 4174 (APN 7564-023-010), 4173 (APN 7564-022- 016), 4171 (APN 7564-022-017), 4170 (APN 7564-023-009), 4164 (APN 7564-023-008), 4161 (APN 7564-022-018), 4158 (APN 7564-023-007), 4157 (APN 7564-022-019). 4151 (APN 7564-022-020). 4150 (APN 7564-023-006). 4147 (APN 7564-022-021), 4144 (APN 7564-023-005). 4130 (APN 7564-023-004), 4125 (APN 7564-022-029), 4118 (APN 7564- 023-003). 4115 (APN 7564-022-030), 4110 (APN 7564-023-002), 4105 (APN 7564-023- Resolution No. 2009-58 Exhibit A Page 2 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 001), 4100 (APN 7564-023-017) Maritime Road. With the exception of one unique property, the lot sizes range from 4,696 square feet to 10,800 square feet. The Tract, in its entirety, is located directly east of the Portuguese Bend Club gated entrance, south of Palos Verdes Drive South, north of the Pacific Ocean and beach, and west of the Trump National Golf Club. All 42 residential lots and most of the residential structures within Tract 16540 were approved prior to the City's incorporation, and the City has approved minor additions to some of the existing structures. 11. Surrounding land uses and setting: Land Uses Significant Features I Single-Family Residential Within Tract 16540, there are a total of 42 On-site developed properties. Each property is developed with one single-family residence. Some of the 42 properties are zoned RS-5, some are zoned RS-2 and the rest are dual zoned RS-2 and RS-5.There is one large undeveloped parcel of land within Tract 16540 that encompasses just over 6 acres of area directly south of the 42 developed properties. This large parcel of land will continue to be zoned RS-2 and Open Space Hazard (OH), which prohibits development and is within a Natural Environment/Hazard overlay. The remaining portions of Tract 16540 are dedicated to a roadway easement(Yacht Harbor Drive)that allows for ingress and egress from Palos Verdes Drive South into the privately gated E.Tract 16540 Portuguese Bend Club (known as Upper Bend Club). All of Tract 16540 is located within an Urban Overlay Control District and a Socio- Cultural Overlay Control District. Public right-of-way and Single-Family Single-family residences surround Tract 16540 North Residential to the north, approximately 184 feet across Palos Verde Drive South, a primary street in the City of Rancho Palos Verdes. These residences are located on the north side of Palos Verdes Drive South, within the RS-4 zoning district and are part of the Seaview Residents HOA. South Pacific Ocean The Pacific Ocean is located directly south of undeveloped portion of Tract 16540 that has a Natural Environment/Hazard overlay East Single-Family Residential Immediately east of Tract 16540 is a driving range for the Trump National Golf Course. West Single-Family Residential Directly west of Tract 16540 is a large, 19-acre Single-Family residential lot that is part of the Portuguese Bend Club (known as Lower Bend Club) that is developed with one Single-Family Resolution No. 2009-58 Exhibit A Page 3 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Land Uses Significant Features residence and is dual-zoned RS-2 and RS-5. Beyond the large 19-acre parcel of land are the remaining Single-Family Residential lots that make up the Portuguese Bend Club (Upper Bend Club) and are zoned RS-2. 10. Other public agencies whose approval is required: None Resolution No. 2009-58 Exhibit A Page 4 of 26 Environmental Checklist Form/Initial Study ? East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Figure 1: Project Vicinity i eir4f/,;",...„..;„he,_. ;,3, Irsic /4*. //! ,,no,„ ,E74- •"1"-$1,-,.,,,,,,,A, 1 e&-, .04,ER ,-.7.. . 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F � Resolution No. 2009-58 Exhibit A Page 8 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicted by the checklist on the following pages. Aesthetics I Hazards and Hazardous Materials Public Services Agricultural Resources Hydrology and Water Quality Recreation Air Quality Land Use and Planning Transportation/Traffic Biological Resources Mineral Resources Utilities and Service Systems j Cultural Resources Noise I Mandatory Findings of Significance L Geology and Soils Population and Housing DETERMINATION: On the basis of this initial evaluation: x I find that the project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s)on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on earlier analysis as described on attached sheets,if the effect is a "potentially significant impact" or"potentially significant unless mitigated". An ENVIRONMENTAL IMPACT REPORT is required but must analyze only the effects that remain to be addressed. find that although the proposed project could have a significant effect on the environment,there WILL NOT J be a significant effect in this case because all potentially significant effect(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed on the proposed project Signature: Date: March 19, 2009 Printed Name' Leza Mikhail For: City of Rancho Palos Verdes Associate Planner Resolution No. 2009-58 Exhibit A Page 9 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 EVALUATION OF ENVIRONMENTAL IMPACTS: Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated I. AESTHETICS. Would the proposal: a) Have a substantial effect on a scenic 1 X vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock X outcroppings, and historical buildings, within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its X surroundings? d) Create a new source of substantial light or glare, which would adversely affect X day or nighttime views in the area? Comments: a —d) No Impact: The proposed Zone Change would not have a significant impact to existing scenic resources as the properties located within Tract 16540 are currently zoned for Single-Family Residential development and development of said properties within Tract 16540 is permitted to occur,up to a maximum of 16 feet without the City being required to make a finding that no significant view impairment is created by residential development. Further, of the 47 lots within Tract 16540, 42 lots are developed with single-family residences, 3 are dedicated to a roadway easement(Yacht Harbor Drive)for ingress and egress to/from the Portuguese Bend Club to/from Palos Verdes Drive South, and 1 lot is undeveloped with a Natural Environment/Hazard overlay and Open Space Hazard (OH)zone. As such, the proposed Zone Change will not impact views or visual relationships of the property or the adjoining area and no further analysis is required. II. AGRICULTURE RESOURCES: Would the proposal: a) Convert Prime Farmland, Unique ' Farmland. or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resource Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act 3 X contract? c) Involve other changes in the existing environment that,due to their location or 1,3 X nature, could result in conversion of Farmland, to a non-agricultural use? Resolution No. 2009-58 Exhibit A Page 10 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated Comments: a) — c) No Impact: The proposed project will be on a privately owned property that is not zoned for agricultural purposes. No agricultural resources are present within Tract 16540.The project site(Tract 16540)will continue to be zoned for residential use, and is not in conflict with the Williamson Act. As such, there would be no impact and no further analysis is required. III. AIR QUALITY. Would the proposal: a) Conflict with or obstruct the I implementation of any applicable air quality plan? 1,6 X b) Violate any air quality standard or contribute to an existing or projected air 6 X quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal 6 X or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to 6 X substantial pollutant concentrations? e) Create objectionable odors affecting a 6 X substantial number of people? Comments: a—d) No Impact:The proposed project site is within the South Coast Air Basin (SCAB),which is in the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD establishes the Air Quality Management Plan (AQMP)for the SCAB,which sets forth a comprehensive program that will lead the SCAB into compliance with all federal and State air quality standards. However, the SCAB is an area of non- attainment for Federal air quality standards for ozone, carbon monoxide, and suspended particulate matter. The proposed Zone Change would not create an expansion of development, but instead would change the zoning of the residential properties within Tract 16540 to be consistent with the City's Local Coastal Specific Plan. The proposed project does not include any new residential development, housing, or large local or regional employment centers, nor is it growth-inducing. As such, it is appropriate to conclude that the proposed project is in compliance with the current AQMP.Therefore,there would be no impacts and no further analysis would be required. Resolution No. 2009-58 Exhibit A Page 11 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation IIncorporated IV. BIOLOGICAL RESOURCES. Would the proposal: a) Have a substantial adverse effect,either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status 8 X species in local or regional plans, policies, or regulations, or by the California Department of fish and Game or US Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies,and regulations 8 X or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands,as defined by Section 404 of the Clean Water Act 8 X (including, but not limited to, marsh, vernal pool,coastal,etc.),through direct removal,filling,hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with 8 X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local polices or ordinances protecting biological resources, such as tree preservation 8 X policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan or Natural Community Conservation Plan, 8 X or other approved local, regional, or state habitat conservation plan? Comments: a) -f)No Impact:The project site(Tract 16540)is located in a developed area of the City or Rancho Palos Verdes and would not create new residential development.The area is not located in or adjacent to the City's Natural Communities Conservation Plan (NCCP) habitat preserve, and is not located in or adjacent to any existing or Resolution No. 2009-58 Exhibit A Page 12 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information - Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated proposed Significant Ecological Areas(SEA).As such.the area is unlikely to be inhabited by species identified as candidates or as sensitive or special-status species in local or regional plans, policies, or regulations,or by the California Department of Fish and Game (DFG) or U.S Fish and Wildlife Service. The project site is not located within any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the resource agencies. Further, the project site is not located within federally- protected wetlands (as defined by Section 404 of the Clean Water Act) and no special-status animals or habitats are known to exist on or directly adjacent to this property. Therefore, there would be no impact to biological resources and no further analysis is required. V. CULTURAL RESOURCES. Would the proposal: a) Cause a substantial adverse change in l l the significance of a historical resource 1 X as defined in §15064.5 of the State CEQA Guidelines? b) Cause a substantial adverse change in the significance of an archaeological 3, 10 X resource pursuant to §15064.5 of the State CEQA Guidelines? c) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? 3, 10 X d) Disturbed any human remains,including those interred outside of formal 12, 13 X cemeteries? I I Comments: a) No Impact: According the City's General Plan, the subject project site (Tract 16540) is not designated or identified as a significant historical resource as defined in§15064.5 of the State CEQA Guidelines.Therefore, there would be no impact and no further assessment would be required. b—c) Less than Significant Impact:According to the City's Archeology map,the subject site is located within an area that is identified as having potential archeological resources. Nonetheless,this is considered less than significant as the residential properties located within Tract 16540 are fully developed,with the exception of 3 lots dedicated to roadways (Yacht Harbor Drive) for ingress and egress and 1 property that is also zoned Open Space Hazard (OH)where development is prohibited and has a Natural Environment/Hazard overlay. Further,the project site(Tract 16540)is located within a Socio-Cultural Overlay Control District which requires that all developments take into consideration the preservation of archeological, paleontological and historical resources. Therefore, there is a less than significant impact and no further analysis is required. d) No Impact: No formal cemeteries are known to have occupied the proposed project area However. human burials, in addition to being potential archaeological resources, have specific provisions for treatment in Section 5097 of the California Public Resources Code. Measures required by the Public Resources Code would ensure that this impact remains less than significant by ensuring appropriate examination, treatment, J Resolution No. 2009-58 Exhibit A Page 13 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially ' Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated and protection of human remains. As the proposed Zone Change would not encourage the construction of new/additional residential developments, there would be no Impacts and no further assessment is required. VI. GEOLOGY AND SOILS. Would the proposal: a) Expose people or structure to potentially substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake 1 fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the 5, 14 X State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? 15 X iii) Seismic-related ground failure, 5 X including liquefaction? iv) Landslides? 4 1 X b) Result in substantial soil erosion or the X loss of topsoil? c) Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project, and 4, 17 X potentially result in on or off site landslide, lateral spreading,subsidence, liquefaction or collapse? d) Be located on expansive soil,as defined in the Uniform Building Code, thus X creating substantial risks to life or property? e) Have soils incapable or adequately supporting the use of septic tanks or alternative wastewater disposal X systems, where sewers are not available for the disposal of wastewater? Comments: a) (i)(ii)(iii)(iv) No Impact:The project site(Tract 16540) is not located within an Alquist-Priolo special study zone. According to the Official Maps of Seismic Hazard Zones provided by the State of California Department of Conservation, the site is not located within an earthquake-induced landslide zone or liquefaction zone. Further, Tract 16540 is developed with 42 residential properties and the change of zoning would not create new/additional development within the residential neighborhood. Therefore, potential impacts are less than Resolution No. 2009-58 Exhibit A Page 14 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated significant and no further assessment is required. b—c) No Impact: The project site is developed with 42 residential properties. Minor additions to these properties will likely occur in the future, however the Zone Change would not create new/additional development on undeveloped parcels of land. Therefore, there is no impact and no further assessment is required. d) No Impact: In general, the City regulates development (and reduces geologic impacts) through the requirements of the California Building Code that are subject to the Municipal Code, including, but not limited to. Section 15.04.010, [California] Building Code and Section 15.04.040, Building Code Amended—Seismic Safety Requirements. As much of the Palos Verdes Peninsula is underlain by soils characterized as expansive, appropriate construction plans would be reviewed by the City's Building Official for consistency with current building codes and erosion control standards, as well as for consistency with the City's National Pollutant Discharge Elimination System(NPDES) permit. Nonetheless,the zone change will not result in the development of existing undeveloped properties within Tract 16540. Further, future additions to existing developed residential structures within Tract 16540 may also require the submittal of a geotechnical report prior to construction additions due to the expansive soils common on the peninsula.Therefore,the project will create no impacts and no further assessment is required. e) No Impact: The proposed project would not include the use septic tanks or alternative wastewater disposal systems. No impacts are related to soils supporting septic tanks are relevant and no further assessment is required. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the proposal: a) Create a significant hazard to the public or the environment through the routine X transport, use,or disposal of hazardous material? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident X conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 1, 3 X one-quarter mile of an existing or proposed school? d) Be located on a site, which is included on a list of hazardous materials sites complied pursuant to Government Code 16 Section 65962.5 and, as a result,would X create a significant hazard to the public or the environment? e) For a project located within an airport X Resolution No. 2009-58 Exhibit A Page 15 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated and use plan or,where such a plan has I not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in I the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X working in the project area? g) Impair implementation of, or physically 1 interfere with, an adopted emergency 1 X response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where 7 X wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a - h) No Impact: The proposed project will not result in the transportation, use, or disposal of hazardous materials. In terms of wildland fires, according to the Los Angeles County Fire Department's map of Fire Hazard Severity Zones, the entire City is located within a Very High Wildland Fire Hazard Severity Zone. Implementation of the Zone Change will not result in impacts that expose people or structures to a significant loss, injury or death involving wildland fires. The project will not result in new/additional development on undeveloped land within Tract 16540. Further, no public or private airstrip is located within two miles of the project site; and the project will not interfere with applicable emergency response plans or emergency evacuation plans. As such, there will be no impacts resulting from project and no further assessment is required. VIII. HYDROLOGY AND WATER QUALITY. Would the proposal: a) Violate any water quality standard or X wastewater discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there X would be a net deficit in aquifer volume or a lowering of the local groundwater? c) Substantially alter the existing drainage pattern of the site or areas, including X through the alteration of the course of a Resolution No. 2009-58 Exhibit A Page 16 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information I Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or areas including through the alteration of the course of a stream or river,or substantially increase X the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems X or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water X quality? g) Place housing within a 100-year flood hazard area, as mapped on a Federal Flood Hazard Boundary or Flood X Insurance Rate map or other flood hazard delineation map? I h) Place within a 100-year flood hazard area, structures which would impede or 12 X redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death X involving flooding, including flooding as 12 a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or x mudflow? Comments: a—f) No impact: The proposed Zone Change would not directly alter the surface runoff within Tract 16540 as 42 lots are currently developed with residential homes, 3 lots are dedicated to roadways easements (Yacht Harbor Drive)for ingress and egress to/from Palos Verdes Drive South to/from the Portuguese Bend Club and 1 large parcel of land is zoned RS-2 and Open Space Hazard (OH)where development is prohibited.As such, there may be minor improvements to the existing,residentially developed properties;however potential future improvements to development lots may result in minor increases of lot coverage. These increases would be considered minimal, and would not create a substantial alteration in the surface runoff from the project site (Tract 16540). Resolution No. 2009-58 Exhibit A Page 17 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated g), h) No Impact:The project does not include additional housing. In terms of flooding,according to the preliminary • revised flood maps prepared by FEMA,the site does not fall within a flood hazard area.As such, no impacts would occur and no further assessment is required. i) No Impact: The proposed project is not within a dam inundation area and is not identified as a flood hazard area. As such, there is no impact and no further analysis is required. j) No Impact: Although the project site is located adjacent to the Pacific Ocean, the residentially developed lots are separated from the ocean by a large bluff that is approximately 190 feet above sea level. Further,the zone change would not create an opportunity for new/additional homes to be constructed at lower elevation. As such, there would be no impact to and no further assessment is required. IX. LAND USE AND PLANNING. Would the proposal: a) Physically divide an established 1,4 X community? C b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general 1,4, 17 X plan,specific plan,local coastal plan,or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community 1,4,10 X conservation plan? Comments: a—c) No Impact: The project site (Tract 16540) is currently developed with 42 developed, residential lots, 3 lots dedicated to a roadway easement (Yacht Harbor Drive) for ingress and egress and 1 lot large lot with a Natural Environment/Hazard Overlay. There are two zoning districts (RS-2 and RS-5) found within the developed portion of Tract 16540,whereby some of the lots are zoned R -2 lots RS-5 I p p y S , some ots are zoned RS 5 and some lots have two zoning districts (RS-2 and RS-5). The proposed project would change the zoning of the neighborhood to be one consistent zone that matches the existing lots sizes and character of the neighborhood under the RS-5 zone.Tract 16540 is located within Subregion 6 of the City's Local Coastal Plan and the Zone Change would establish zoning that is consistent with the City's Local Coastal Specific Plan, which established a 5 unit per acre density for the 42 developed properties within Tract 16540. Further, the project site is not included in the City's Natural Communities Conservation Plan (NCCP)preserve,and is not located in or adjacent to any existing or proposed Significant Ecological Areas (SEA). As such, there is no impact and no further analysis is required. Resolution No. 2009-58 Exhibit A Page 18 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 I Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated X. MINERAL RESOURCES. Would the proposal: a) Result in the loss of availability of a known mineral resource that would be 1 X of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local 1 X general plan, specific plan,or other land use plan? � Comments: a) & b) No Impact: According to the Natural Environment Element of the General Plan, areas in Rancho Palos Verdes were quarried for basalt, diatomaceous earth, and Palos Verdes stone between 1948 and 1959. However, these quarries are not situated on the project site. This General Plan Element further states that there are no mineral resources present within the community that would be economically feasible for extraction. Further, no land use plan delineates the site as a locally important mineral resource recovery site. Therefore, there is no impact and no further assessment is required. XI. NOISE. Would the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or 1,4 X noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or 1, 4 X ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project 1 4 X vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the 1 4 X project vicinity above levels existing without the project? e) For a project located within an airport land use plan or,where such a plan has not been adopted, within two miles of a • X public airport or a public use airport, would the project expose people residing or working in the project area to Resolution No. 2009-58 Exhibit A Page 19 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated excessive noise levels? I • 0 For a project within the vicinity of a private airstrip,would the project expose people residing or working in the project X area to excessive noise levels? Comments: 0 A - f) No Impact: Long-term noise increases to the area are not anticipated to be caused by the change in zoning.The project site(Tract 16540)is fully developed with 42 residential lots and homes,3 lots dedicated to a roadway easement and 1 lot undeveloped lot,whereby the zoning will remain RS-2 and Open Space Hazard (OH), which prohibits development on areas within the OH boundary. Although there may future additions proposed at the some of the developed residential lots, the noise impacts that would occur as a result of construction would be relatively short-term and the Municipal Code regulates the hours of construction. Therefore, there would be no impact and no additional assessment is required. XII.POPULATION AND HOUSING. Would the proposal: a) Induce substantial population growth in an area, either directly (e.g., by 3 X proposing new homes and businesses) or indirectly (e.g. through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction 3 X of replacement housing elsewhere? ` c) Displace substantial numbers of people, necessitating the construction of 3 X replacement housing elsewhere? Comments: a - c) No Impact: The proposed project will not induce a population growth in the area. The project site is fully developed with 42 residential lots that will not be able to be subdivided due to the existing lot sizes (average lot size 7,080 square feet)and the minimum lot size required for RS-5 zoning (minimum of 8,000 square feet to subdivide).The project does not include, nor will induce,the extension or expansion of roads or other forms of infrastructure. Further, the proposed project would not displace any housing or people. Therefore, there would be no impact and no additional assessment is required. Resolution No. 2009-58 Exhibit A Page 20 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information 1 Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated XIII. PUBLIC SERVICES. Would the proposal result in: a) Substantial adverse physical impacts associated with the provisions of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: i) Fire protection? I X E ii) Police protection? X iii) Schools? X iv) Parks? I X v) Other public facilities? I X Comments: a) (i)(ii)(iii)(iv)&(v) No Impact: Inasmuch as the project site is developed with residential structures,no increase in the demand for public services is anticipated. The proposed project site is already adequately served by available public services and thus an increase is not anticipated.As such,there will be no impacts associated with the proposed project and no further assessment is required. XIV. RECREATION. Would the proposal: a) Increase the use of neighborhood and regional parks or other recreational X facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require I the construction or expansion of recreational facilities,which might have an adverse physical effect on the X environment? Comments: Resolution No. 2009-58 Exhibit A Page 21 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated a) & b) No Impact: The proposed project will not increase the use of parks or other recreational facilities. as the project will not result in any new residents. As such, there will be no impact and no further assessment is required. XV. TRANSPORTATION/TRAFFIC. Would the proposal: a) Cause an increase in traffic that is substantial in relation to the existing X traffic load and capacity of the street system? b) Exceed, either individually or cumulatively,a level of service standard established by the county congestion X management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic X levels or a change in location that results in substantial safety risks? • d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or X incompatible uses (e.g. farm equipment? e) Result in inadequate emergency X access? 0 Result in inadequate parking capacity? X g) Conflicts with adopted policies,plans,or programs supporting alternative transportation(e.g. bus turnouts,bicycle X racks)? Comments: a-g) No Impact:The proposed Zone Change will not cause an increase in traffic patterns in the area since as the area is already developed with single-family residences and no new/additional residences would occur as a result of the Zone Change. As such, there is no impact and no further assessment is required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment i requirements of the applicable Regional Water Quality Control Board? X Resolution No. 2009-58 Exhibit A Page 22 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially 1 Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ! X facilities.the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing X entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project, that it X has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local I statures and regulations related to solid X waste? Comments: a),-g) No Impact: Utility service systems for the area are in place and of sufficient capacity to accommodate the existing development within the project site (Tract 16540). As such, there will be no impacts with respect to utilities and service system issues as a result of the Zone Change. 17.MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- X sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods Resolution No, 2009-58 Exhibit A Page 23 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated I of California history or prehistory? I Comments: As described in the above analysis,the proposed project will not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal,or eliminate important examples of major periods of California history. No endangered,threatened,or sensitive biological resources, historic structures, or known cultural resources are located within the project site. No adverse impact will result. b) Does the project have impacts that are ' individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X considerable when viewed in connection with the effects of the past projects, the effects of other current projects,and the effects of probable future projects)? 1 Comments: The proposed project will not result in cumulatively significant impacts in the context of the entirety of the Zone Change within Tract 16540 and existing facilities/developments.The site is developed with 42 residential lots with existing residences, 3 lots dedicated to roadway easements and 1 lot that is located over a bluff and has a Natural Environment/Hazard Overlay. The areas that are to be rezoned would only occur around the existing 42 residentially developed lots.All other areas of Tract 16540 would maintain the existing zoning.Cumulative impacts resulting from the proposed project would be less than significant impacts because no significant changes in the existing built environment of the project area will result. c) Does the project have environmental effects, which will cause substantial X adverse effects on human beings,either directly or indirectly? Comments: The just project site (Tract 16540)is zoned for Single-Family Residential development and will remain as such. Further, the proposed Zone Change will not result in new/additional residential developments beyond what already exists.As such, there would be no impacts as a result of the Zone Change and no further analysis is required. 18. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. Resolution No. 2009-58 Exhibit A Page 24 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated Comments: Not applicable b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Comments: Not applicable c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Comments: Not applicable Authority: Public Resources Code Sections 21083 and 21087. Reference: Public Resources Code Sections 21080(c),21080.1,21080.3,21082.1,21083,21083.3,21093,321094, 21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Supervisors, 222 Cal. App. 3d 1337 (1990). 19.SOURCE REFERENCES 1 City of Rancho Palos Verdes, Rancho Palos Verdes General Plan, and associated Environmental Impact Report. Rancho Palos Verdes, California: as amended through August 2001. 2 City of Rancho Palos Verdes, General Plan Housing Element. Rancho Palos Verdes, California: adopted August 2001. 3 City of Rancho Palos Verdes, Development Code and Zoning Map (Municipal Code Titles 16 and 17). Rancho Palos Verdes, California: as amended through August 2004. 4 City of Rancho Palos Verdes, Landslide Moratorium Area Map and regulations (Municipal Code Chapter 15.20). Rancho Palos Verdes, California: as amended through April 2004 5 State of California, Division of Mines and Geology, Official Maps of Seismic Hazard Zones. Sacramento, California: March 1999. 6 South Coast Air Quality Management District, CEQA Air Quality Handbook. Diamond Bar, California: November 1993. 7 Los Angeles County Fire Department,Very High'Midland Fire Hazard Severity Zones(map). Los Angeles, California: undated (probably January 1985). 8 City of Rancho Palos Verdes, Final Draft Natural Communities Conservation Plan (NCCP) and Preserve Design. Rancho Palos Verdes, California: July 2004. 9 Los Angeles County Department of Regional Planning, SEA Update Study 2000, November 2000. 10 City of Rancho Palos Verdes,Archaeological Resources Map. Rancho Palos Verdes. California: undated 11 Rancho de Los Palos Verdes Historical Society and Museum, Dedicated Historical Sites on the Palos Verdes Peninsula (map). Palos Verdes Estates, California: 1993. Resolution No. 2009-58 Exhibit A Page 25 of 26 Environmental Checklist Form/Initial Study East Tract 16540 Portuguese Bend Club: Zone Change March 19, 2009 Issues and Supporting Information I Sources Potentially Potentially Less Than No Sources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 12 Federal Emergency Management Agency (FEMA), Digital Flood Insurance Rate Map for Los Angeles County, 2001. 13 California Public Resources Code http://www.leginfo.ca.gov/cgi_ bin/calawquery?codesection=prc&codebody=&hits=20 , accessed on March 16, 2009. 14 Department of Conservation, CA Geological Survey. Cities and Counties Affected by Alquist-Priolo Fault Zones. http://www.consrv.ca.gov/CGS/rghm/ap/affected.htm , website accessed March 16, 2009. 15 Southern California Earthquake Data Center(SCEC), http://www.data.scec.org/faults/lafault.html,website accessed March 16, 2009. 16 State of California, Department of Toxic Substance Control, Hazardous Waste and Substances Site List (Cortese List), as revised through September 2005. 17 City of Rancho Palos Verdes, Rancho Palos Verdes Local Coastal Specific Plan. Rancho Palos Verdes, California: as adopted December 19, 1978. Resolution No. 2009-58 Exhibit A Page 26 of 26