CC RES 2009-072 RESOLUTION NO. 2009-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CERTIFYING A MITIGATED NEGATIVE DECLARATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR
PLANNING CASE NO. ZON2009-00007 (CODE AMENDMENT) FOR
AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
ESTABLISH AN EXCEPTION CATEGORY TO ALLOW FOR THE FUTURE
DEVELOPMENT OF THE SIXTEEN (16) MONKS PLAINTIFFS'
UNDEVELOPED LOTS IN ZONE 2.
WHEREAS,on December 17,2008,the California Supreme Court denied the City's
petition for review in the case of Monks v. City of Rancho Palos Verdes,so the City Council
must consider the actions that are necessary to comply with the Court of Appeal's decision;
and,
WHEREAS, on January 21, 2009,the City Council adopted Resolution No. 2009-06
repealing Resolution No. 2002-43, which had required property owners in Zone 2 to
establish a 1.5:1 factor of safety before they could develop their lots and was the purported
catalyst for the filing of the Monks lawsuit; and,
WHEREAS, next action necessary to comply wit the Court of Appeal's decision is
to enact revisions to the current Moratorium Ordinance to allow the development of the
Monks plaintiffs' sixteen (16) undeveloped lots in Zone 2; 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 prepared an Initial Study and determined
that, by incorporating mitigation measures into the Negative Declaration, there is no
substantial evidence that the approval of Planning Case No. ZON2009-00007 would result
in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative
Declaration was prepared and circulated for public review for thirty (30) days between
August 10, 2009 and September 9, 2009, and notice of that fact was given in the manner
required by law; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the City Council conducted a public hearing on September 1,
2009, and September 15, 2009, at which time all interested parties were given an
opportunity to be heard and present evidence regarding the proposed revisions to Chapter
15.20 as set forth in the City Council Staff reports of those dates.
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 Mitigated Negative Declaration,the public comments upon it, and other evidence
before the City Council prior to taking action on the proposed project and finds that the
Mitigated Negative Declaration was prepared in the manner required by law and that there
is no substantial evidence that, with appropriate mitigation measures, the approval of
Planning Case No. ZON2009-00007 (Code Amendment), would result in a significant
adverse effect upon the environment.
Section 2: Planning Case No. ZON2009-00007 for the Zone 2 Landslide
Moratorium Ordinance Revisions is consistent with the Rancho Palos Verdes General Plan
and with the underlying Residential, <1 DU/acre and Residential, 1-2 DU/acre land use
designations,which will not be changed as a result of the approval of the proposed project.
Section 3: With the appropriate mitigation measures,which require Neighborhood
Compatibility Analysis for new residences; limit?tions on exterior illumination; imposition of
City and regional restrictions upon fugitive dust control and construction vehicle emissions;
preparation of biological surveys for properties identified as containing sensitive vegetation
communities; protection of cultural resources during grading operations; completion of
geotechnical analysis of any proposed grading and construction prior to building permit
issuance; imposition of fire protection requirements upon the construction of all new
structures in accordance with the City's most recently-adopted Building Code; control and
treatment of site runoff both during and after construction; limitations on construction hours
and haul routes; and connection of all new structures to the Abalone Cove Sewer System,
the proposed project will not have a significant impact on the environment.
Section,4: Based upon the foregoing findings, the adoption of the proposed
Mitigated Negative Declaration is in the public interest.
Section 5: The time within which the judicial review of the decision reflected in
this Resolution, if available, must be sought is governed by Section 1094.6 of the California
Code of Civil Procedure and other applicable short periods of limitation.
Section 6: 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, in the proposed Mitigated Negative Declaration, and in the public
comments received by the City Council, the City Council of the City of Rancho Palos
Verdes hereby certifies that the Mitigated Negative Declaration has been prepared in
compliance with CEQA and adopts the attached Mitigation Monitoring Program (Exhibit`A')
associated with Planning Case No. ZON2009-00007 for a Code Amendment, thereby
approving amendments to Chapter 15.20(Moratorium on Land Use Permits)of the Rancho
Palos Verdes Municipal Code to establish an exception category to allow for the future
development of the sixteen (16) Monks plaintiffs' undeveloped lots in Zone 2.
Resolution No. 2009-72
Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 15th day of September 2009.
•ayor
Attest:
_/ // //
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2009-72 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on September 15, 2009.
// /
City Clerk
Resolution No. 2009-72
Page 3of3
Exhibit 'A'
Mitigation Monitoring Program
Project: Case No. ZON2009-00007 (Code Amendment & Environmental Assessment)
Location: Sixteen (16) Monks Plaintiffs' Lots in "Zone 2" of the Landslide Moratorium Area
Rancho Palos Verdes, CA 90275
Applicant: City of Rancho Palos Verdes
Landowners: Monks, Vanderlip, Haber, Stewart, Barnett, Smith, Broz, Ruth, Agahee, Case, Clark,
Cruce & Compton, Tabor, Teh and Kiss
TABLE OF CONTENTS
I. Introduction ...........................................................................................................................................2
II. Management of the Mitigation Monitoring Program .............................................................................3
Rolesand Responsibilities ...................................................................................................................3
Mitigation and Monitoring Program Procedures................................................................................... 3
Mitigation Monitoring Operations..........................................................................................................4
III. Mitigation Monitoring Program Checklist..............................................................................................4
IV. Mitigation Monitoring Summary Table..................................................................................................5
Mitigation Monitoring Program
Exhibit A- Page 1 Resolution No. 2009-72
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP) is to allow the following project, located at within "Zone 2" of the
City's Landslide Moratorium Area: The revised "Zone 2 Landslide Moratorium Ordinance Revisions" would
create a new exception category in the City's Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho
Palos Verdes Municipal Code)to allow the development of sixteen (16) undeveloped lots in Zone 2 of the City's
Landslide Moratorium Area. This action is in response to the California State Court of Appeal's decision in the
case of Monks v. Rancho Palos Verdes, which found that the City's prohibition against the development of
undeveloped lots in Zone 2 was a taking and an impermissible impediment to the development of the plaintiffs'
lots. Within Zone 2, there are currently forty-seven (47) undeveloped lots, of which sixteen (16) lots are owned
by the plaintiffs in the Monks case. The proposed exception category would apply only to the Monks plaintiffs'
sixteen (16) lots
The proposed substantive revisions to the Landslide Moratorium Ordinance include the addition of subsection
P to Section 15.20.040 (Exceptions), to wit:
The construction of residential buildings, accessory structures, and minor grading (as defined in Section
17.76.040.8.1 of the Rancho Palos Verdes Municipal Code) on the sixteen (16) undeveloped lots in Zone 2 of
the "Landslide Moratorium Area"as outlined in green on the landslide moratorium map on file in the Director's
office, identified as belonging to the plaintiffs in the case "Monks v. City of Rancho Palos Verdes, 167 Cal. App.
4th 263, 84 Cal. Rptr. 3d 75(Cal. App. 2 Dist., 2008)'; provided, that a landslide moratorium exception permit is
approved by the Director, and provided that the project complies with the criteria set forth in Section 15.20.050
of this Chapter. Such projects shall qualify for a landslide moratorium exception permit only if all applicable
requirements of this Code are satisfied, and the parcel is served by a sanitary sewer system. Prior to the
issuance of a landslide moratorium exception permit, the applicant shall submit to the Director any geological
or geotechnical studies reasonably required by the City to demonstrate to the satisfaction of the City
geotechnical staff that the proposed project will not aggravate the existing situation.
Non-substantive revisions to the Landslide Moratorium Ordinance that are also proposed include the addition
of cross-references to the new subsection P and the map of Zone 2 in Sections 15.20.050(Landslide Mitigation
Measures Required), 15.20.060 (Application) and 15.20.110 (Required Connection to Operational Sanitary
Sewer System).
The MMP responds to Section 21081.6 of the Public Resources Code, which requires a lead or responsible
agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant
environmental effects, to adopt "reporting or monitoring program for adopted or required changes to mitigate
or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the
project.
An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of
the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or
avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation
reporting or monitoring program is required to ensure that the adopted mitigation measures under the
jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative
Declaration.
Mitigation Monitoring Program
Exhibit A- Page 2 Resolution No. 2009-72
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970(CEQA), as
amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of
CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP
complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for
implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a)
of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project
which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on
the environment. The reporting or monitoring program shall be designed to ensure compliance during project
implementation. For those changes which have been required or incorporated into the project at the request of
an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so
requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program."
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre-grading,
construction, and operation. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification.
The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the
Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the
method of verification of compliance; the timing of verification; the department or agency responsible for
implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes department of Planning, Building, and Code
Enforcement.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of
Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification
Mitigation Monitoring Program
Exhibit A- Page 3 Resolution No. 2009-72
section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when
the monitoring of a mitigation measure is completed.
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation
measure:
1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall
designate a party responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide
to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist
indicating the mitigation measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another
City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation
measures are refined, the Director of Planning, Building, and Code Enforcement would document the change
and shall notify the appropriate design, construction, or operations personnel about refined requirements.
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of
Rancho Palos Verdes on November 11, 2003. Mitigation measures are listed in the order in which they appear
in the Initial Study.
Types of measures are project design, construction, operational, or cumulative.
Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance Verification provides space for future reference and notation that compliance has
been monitored, verified, and is consistent with these mitigation measures.
Mitigation Monitoring Program
Exhibit A- Page 4 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
1. AESTHETICS
AES-1: All new residences shall be subject to
neighborhood compatibility analysis under the Department of
provisions of Section 17.02.030.B (Neighborhood Project Design Prior to Planning approval Property owner Planning, Building and
Compatibility)of the Rancho Palos Verdes Municipal Code Enforcement
Code.
AES-2: Exterior illumination for new residences shall
be subject to the provisions of Section 17.56.030 Prior to Building ermit Department of
Project Design g Property owner Planning, Building and
(Outdoor Lighting for Residential Uses) of the issuance Code Enforcement
Rancho Palos Verdes Municipal Code.
2. AIR QUALITY
AIR-1: During construction, the applicant shall be
responsible for the implementation of all dust and Prior to Grading ermit Department of
Construction g Property owner Planning, Building and
erosion control measures required by the Building issuance Code Enforcement
Official.
AIR-2: Trucks and other construction vehicles shall
not park, queue and/or idle at the project sites or in
the adjoining public or private rights-of-way before Department of
7:00 AM, Monday through Saturday, in accordance Construction On-going Property owner Planning, Building and
with the permitted hours of construction stated in Code Enforcement
Section 17.56.020.B of the Rancho Palos Verdes
Municipal Code.
Mitigation Monitoring Program
Exhibit A- Page 5 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
3. BIOLOGICAL RESOURCES
BIO-1: For lots that are identified as containing
sensitive habitat on the City's most-recent vegetation
maps and/or that abut any portion of the current or
proposed future boundary of the Palos Verdes
Nature Preserve, the applicant shall be required to
prepare a biological survey as a part of a complete
application for the construction of a new, single-
family residence. Said survey shall identify the
Department of
presence or absence of sensitive plant and animal Construction and Prior to Building Permit final Property owner Planning, and
species on the subject property, and shall quantify Post-Construction g p y g' g
the direct and indirect impacts of the construction of Code Enforcement
the residence upon such species, including off-site
habitat impacts as a result of Fire Department-
mandated fuel modification. The applicant and/or
any successors in interest to the subject property
shall be required to mitigate such habitat loss
through the payment of a mitigation fee to the City's
Habitat Restoration Fund.
4. CULTURAL RESOURCES
CUL-1: Prior to the issuance of a grading permit,the
applicant shall consult with the South Central Coastal Prior to Gradin g Permit Department of
Information Center (SCCIC) regarding any known Construction Property owner Planning, Building and
archaeological sites on or within a half-mile radius of issuance Code Enforcement
the subject property.
CUL-2: Prior to the issuance of a grading permit,
the applicant shall conduct a Phase 1 archaeological
survey of the property. The survey results shall be Prior to Grading Permit
provided to the Director of Planning, Building and issuance Department of
Construction Property owner Planning, Building and Code Enforcement for review prior to grading permit Code Enforcement
issuance.
Mitigation Monitoring Program
Exhibit A- Page 6 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
CUL-3: Prior to the commencement of grading, the
applicant shall retain a qualified paleontologist and
archeologist to monitor grading and excavation. In
the event undetected buried cultural resources are Prior to commencement of Department of
encountered during grading and excavation, work Construction Property owner Planning, Building and
shall be halted or diverted from the resource area grading Code Enforcement
and the archeologist and/or paleontologist shall
evaluate the remains and propose appropriate
mitigation measures.
5. GEOLOGY AND SOILS
GEO-1: If required by the City geotechnical staff,
the applicant shall submit a soils report, and/or a Prior to Building ermit Department of
Construction g Property owner Planning, Building and
geotechnical report, for the review and approval of issuance Code Enforcement
the City geotechnical staff.
GEO-2: The applicant shall submit for recordation a
covenant agreeing to construct the project strictly in
accordance with the approved plans;and agreeing to
prohibit further projects on the subject site without Department of
first filing an application with the Director pursuant to Construction and Prior to Building Permit Property owner Planning, and
Post-Construction issuance p y g g
the terms of Chapter 15.20 of the Rancho Palos Code Enforcement
Verdes Municipal Code. Such covenant shall be
submitted to the Director for recordation prior to the
issuance of a building permit.
GEO-3:All other necessary permits and approvals
required pursuant to the Rancho Palos Verdes Prior to Buildin g Permit Department of
Construction Property owner Planning, Building and
Municipal Code or any other applicable statute, law issuance
or ordinance shall be obtained. Code Enforcement
GEO-4: Prior to building permit issuance, the
applicant shall prepare an erosion control plan for the
review and approval of the Building Official. The Prior to Building ermit Department of
Construction g Property owner Planning, Building and
applicant shall be responsible for continuous and issuance Code Enforcement
effective implementation of the erosion control plan
during project construction
Mitigation Monitoring Program
Exhibit A- Page 7 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
6. HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: New, single-family residences and related
accessory structures shall be designed to During Building & Safety Ian Department of
incorporate all fire protection requirements of the Project Design g g y p hk Property owner Planning, Building and
City's most recently adopted Building Code, to the cec Code Enforcement
satisfaction of the Building Official.
7. HYDROLOGYIWATER QUALITY
HYD-1: Any development proposal located within,
adjacent to or draining into a designated
Environmentally Sensitive Area (ESA) and involving
the creation of two thousand five hundred square Prior to Building ermit Department of
Project Design g Property owner Planning, Building and
feet or more(_2,500 SF)of impervious surface shall issuance Code Enforcement
require the review and approval by the City's National
Pollutant Discharge Elimination System (NPDES)
consultant prior to building permit issuance.
HYD-2: If lot drainage deficiencies are identified by
the Director of Public Works, all such deficiencies Construction and Prior to Building Permit Property Department of Public
shall be corrected by the applicant.
Post-Construction issuance p y owner Works
HYD-3: Roof runoff from all buildings and
structures on the site shall be contained and directed Construction and Prior to Building Permit Property Department of Public
to the streets or an approved drainage course.
Post-Construction issuance p y owner Works
HYD-4: All landscaping irrigation systems shall be
part of a water management system approved by the
Director of Public Works. Irrigation for landscaping Post-Construction Prior to Building Permit Property owner Department of Public
issuance p y Works
shall be permitted only as necessary to maintain the
yard and garden.
8. NOISE
NOI-1: Permitted hours and days for construction
activity are 7:00 AM to 7:00 PM, Monday through
Saturday, with no construction activity permitted on Department of
Construction On-Going Property
Sundays or on the legal holidays specified in Section onsrucion n- oing ropery owner Planning, Building and
17.96.920 of the Rancho Palos Verdes Municipal Code Enforcement
Code without a special construction permit.
Mitigation Monitoring Program
Exhibit A- Page 8 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
9. UTILITIES/SERVICE SYSTEMS
UTL-1: If the Director of Public Works determines
that the sanitary sewer system cannot accommodate
a new connection at the time of building permit
issuance, the project shall be connected to a City-
approved holding tank system until such time as the
sanitary sewer system can accommodate the Operational Prior to Grading Permit Property owner Department of Public
project. In such cases, once the sanitary sewer p issuance p y Works
system becomes available to serve the project, as
determined by the Director of Public Works, the
holding tank system shall be removed, and the
project shall be connected to the sanitary sewer
system.
UTL-2: If the project involves additional plumbing
fixtures, or additions of habitable space which
exceed two hundred square feet,or could be used as
a new bedroom, bathroom, laundry room or kitchen,
and if the lot or parcel is not served by a sanitary
sewer system, septic systems shall be replaced with
approved holding tank systems in which to dispose
of on-site waste water. The capacity of the required
holding tank system shall be subject to the review
and approval of the City's Building Official. For the
purposes of this mitigation measure,the addition of a
sink to an existing bathroom, kitchen or laundry room Prior to Grading Permit Department of Public
shall not be construed to be an additional plumbing Construction Property owner
fixture. For those projects which involve additions of issuance Works
less than two hundred square feet in total area and
which are not to be used as a new bedroom,
bathroom, laundry room or kitchen, the applicant
shall submit for recordation a covenant specifically
agreeing that the addition of the habitable space will
not be used for those purposes. Such covenant shall
be submitted to the Director for recordation prior to
the issuance of a building permit. For lots or parcels
which are to be served by a sanitary sewer system
on or after July 6, 2000, additional plumbing fixtures
may be permitted and the requirement for a holding
Mitigation Monitoring Program
Exhibit A- Page 9 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
tank may be waived, provided that the lot or parcel is
to be connected to the sanitary sewer system. If a
sanitary sewer system is approved and/or under
construction but is not yet operational at the time that
a project requiring a landslide moratorium exception
permit is approved, the requirement for a holding
tank may be waived, provided that the lot or parcel is
required to be connected to the sanitary sewer
system pursuant to Section 15.20.110 of the Rancho
Palos Verdes Municipal Code,or by an agreement or
condition of project approval.
UTL-3: If the lot or parcel is not served by a sanitary
sewer system, the applicant shall submit for
recordation a covenant agreeing to support and
participate in existing or future sewer and/or storm Department of
drain assessment districts and any other geological Operational Prior to Grading Permit Property owner Planning, Building and
p issuance p y g g
and geotechnical hazard abatement measures Code Enforcement
required by the City. Such covenant shall be
submitted to the Director prior to the issuance of a
building permit.
UTL-4: If the lot or parcel is not served by a sanitary
sewer system, the applicant shall submit for
recordation a covenant agreeing to an irrevocable
offer to dedicate to the City a sewer and storm drain Prior to Buildin g Permit Department of
easement on the subject property, as well as any Project Design Property owner Planning, Building and
other easement required by the City to mitigate issuance Code Enforcement
landslide conditions. Such covenant shall be
submitted to the Director prior to the issuance of a
building permit.
Mitigation Monitoring Program
Exhibit A- Page 10 Resolution No. 2009-72
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
UTL-5: If the lot or parcel is served by a sanitary
sewer system, the sewer lateral that serves the
applicant's property shall be inspected to verify that
there are no cracks, breaks or leaks and, if such Department of
deficiencies are present, the sewer lateral shall be Construction On-going Property owner Planning, Building and
repaired or reconstructed to eliminate them, prior to Code Enforcement
the issuance of a building permit for the project that
is being approved pursuant to the issuance of a
moratorium exception permit.
Mitigation Monitoring Program
Exhibit A- Page 11 Resolution No. 2009-72