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CC RES 2007-102 RESOLUTION NO. 2007-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH TRAILHEAD AND TRAIL IMPROVEMENTS AT THE CITY-OWNED FORRESTAL NATURE PRESERVE. WHEREAS, in December 1996,the City of Rancho Palos Verdes purchased the 160-acre parcel referred to as the Forrestal Nature Preserve (Preserve). The property was purchased with the intent to preserve the site's natural habitat while providing passive recreational opportunities to the public; and, WHEREAS, on November 17, 1998, the City Council directed Staff to work with the City's Recreation and Parks Committee and the Palos Verdes Peninsula Land Conservancy(PVPLC)to prepare a Management Plan for the Preserve; and, WHEREAS, on June 5, 2001,the City Council entered into a Management Agreement with the PVPLC to assist the City in its maintenance responsibilities of the Preserve. Along with the Management Agreement,the City Council adopted the Forrestal Management Plan (Plan)with the understanding that the Plan would continue to be reviewed and updated; and, WHEREAS, in August 2001,the Forrestal Steering Committee was formed and comprised of City Staff, a representative from the PVPLC, and individuals representing specific points of views, such as a local homeowner's association, an equestrian representative, a natural resources/habitat representative, and a trail expert/off-road bicyclists. The Steering Committee was assigned with the task of reviewing and implementing the Forrestal Management Plan; and, WHEREAS, on December 4, 2004, the Forrestal Steering Committee proposed recommended amendments to the Forrestal Management Plan to the City Council. The recommended amendments included, but was not limited, to the Trails Network Plan that identified the trail routes and uses at the Preserve; and, WHEREAS, on March 15, 2005, the City Council adopted an amended Forrestal Management Plan. Included in the adoption of the Management Plan was the final Trails Network Plan that incorporated the changes made to the trail routes and uses by the Council at it December 4, 2004 meeting; and, WHEREAS, on July 19, 2005,the City Council affirmed the Trails Network Plan adopted at its March 15, 2005 meeting and approved minor modifications to the alignment of two specific trails routes (L11 and A16); and, WHEREAS, on January 30, 2007, the City Council amended the Forrestal Management Plan by adopting revisions to the Trails Network Plan based on previous trail improvements and public requests; and, WHEREAS, on August 17, 2007 a biological report was prepared by the Palos Verdes Peninsula Land Conservancy (PVPLC) as a supplement to the November 28, 2005, Dudek and Associates Biological Report assessing the potential impacts to biological resources for the realignment of the Crystal Trail (L11); and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"),the State CEQA Guidelines, California Code of Regulations, Title 14, Sections 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65952.5(e)(Hazardous Waste and Substances Statement),the City of Rancho Palos Verdes prepared an Initial Study and determined that, there is no substantial evidence that the approval of the Trailhead and Trail Improvement project at the Forrestal Nature Preserve would result in a significant adverse effect on the environment. Accordingly, a draft Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Initial Study was prepared and distributed for circulation and review from August 25, 2007 through September 14, 2007; and, WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to the City Council, and prior to taking action on the proposed Trailhead and Trail Improvement Project, the City Council independently reviewed, considered and adopted the Mitigated Negative Declaration and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; and, WHEREAS, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the City Council of the City of Rancho Palos Verdes held a public hearing on September 18, 2007, at which time all interested parties were given an opportunity to be heard and present evidence; and NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The proposed Trailhead and Trail Improvement Project involves the installation of an additional vehicle access gate further into the Preserve, erecting an entry sign with a trails map onto the proposed Verizon utility wall, installing a drinking fountain that connects to the water and sewer lines at the Ladera Linda Community Center, installing bench seating, and implementing traffic calming measures (including, but not limited to, parking along the roadway, crosswalks, speed bumps and re-striping the roadway). Additionally, the project proposes the construction of three trails currently identified in the Council approved Trails Network Plan; the Forrestal Trail (L5), the Intrepid Trail (L6), and the Crystal Trail (L11). The Forrestal and Intrepid Trails will be designed as a 5-foot wide, decomposed granite,ADA accessible trail running parallel to the existing sidewalk that would connect to the proposed viewing area (V-7) at the terminus of Intrepid Drive. Native plants will be planted along the Forrestal Trail to serve as a public Interpretive Garden. The City Council finds that the proposed project is in compliance with the land use designation and consistent with the intent of the Preserve, to provide the public with passive recreational opportunities while preserving the surrounding environment. In making this finding, the City Council considered the project's mitigation measures that address the issues of Biological Resources. Resolution No. 2007-102 Page 2 of 4 Section 2: The proposed project will notalterthe location,distribution,density,or growth rate of the human population in the area above what is forecast in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing. The project will not create a significant additional demand for fire or police protection, maintenance of public facilities (including roads), or other governmental services. The project will not result in the need for new systems, or substantial alterations to utilities, including power or natural gas, communication systems, storm water drainage, or solid waste disposal. However, the project does involve the installation of a drinking fountain at the proposed trailhead that will require water and sewer connection to the existing utilities at the Ladera Linda Community Center. Furthermore, the proposed project will not result in an increase in population,thereby warranting new recreational facilities. The project involves improvements to existing trails within the Preserve for the public's benefit. Section 3: The City Council finds that the proposed project will not result in significant adverse affects to topography;destruction, covering, or modification of unique geologic or physical features; impacts to archeological or paleontological resources; or expose persons to seismic ground failure, landslides, or other known hazards; or create a wasteful or inefficient use of the energy already being consumed on the site. Section 4: The proposed project will not result in transportation, use, or disposal of hazardous material. Although the project site is located within an area identified by the Los Angeles County Fire Department as a High Fire Hazard Area, the trail repairs will not result in impacts that expose people or structures to wildland fires. Furthermore, the proposed repairs will not occur during the high fire season. Therefore, the City Council finds that there will be no environmental impacts resulting from the project to hazards and hazardous materials. Section 5: The proposed project will not change the current, the course or the direction of water movements in either marine or fresh waters, since the project site is not located in such a setting. The project involves the installation of water control devices, such as water bars and drainage dips, to protect against erosion of existing trails, but will not change water flows in canyons or stream beds. As such, the City Council finds that the proposed project, in terms of hydrology and water patterns will not significantly impact the surrounding environment. Section 6: The City Council finds that the proposed project, that involves trailhead and trail improvements within the City-owned Forrestal Nature Preserve, will not create substantial impacts to circulation patterns, parking capacity, or traffic congestion because the proposed project involves the implementation of traffic calming measures to reduce vehicle speeds traveling along Forrestal Drive (within the Preserve)to the soccer fields and install public parking spaces at the proposed trailhead. Section 7: Although the construction of the proposed project is anticipated to generate construction related noise levels uncommon to the surrounding environment, such noise will be temporary in nature, and the City has imposed conditions, in accordance with the City of Rancho Palos Verdes' Municipal Code, that limits construction between the hours of 7:00 a.m. and 7:00 p.m. Mondays through Saturdays, with no construction permitted on Sundays and legal holidays (as identified in the City's Municipal Code). As such, the City Council finds that the mitigation measures imposed will ensure that noise levels do not adversely impact surrounding properties. Resolution No. 2007-102 Page 3 of 4 Section 8: The proposed project involves the construction of a trailhead (sign, bench seating, parking stalls, drinking fountain and traffic calming measures) and trail improvements to existing trails (Forrestal L5, Intrepid L6, and Crystal L11)located at the Forrestal Nature Preserve. The improvements will not adversely impact views taken from the Preserve nor views of the preserve from major arterial roads or viewing corridors. The improvements involve the construction of trails for public use, including individuals with disabilities, and viewing areas. As such, the City Council finds that the proposed project will not result in adverse aesthetic impacts. Section 9: For reasons discussed in the Initial Study, which is incorporated herein by reference, the project will not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable. Section 10: The mitigation measures set forth in the Mitigation Monitoring Program, Exhibit "A", attached hereto, are incorporated into the scope of the proposed project. These measures will reduce those potential significant impacts identified in the Initial Study to a less than significant level. Section 11: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings,the City Council of the City of Rancho Palos Verdes hereby approves a Mitigated Negative Declaration, based on the City Council's independent review and determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 18th day of S-4 tuber Attest: May. w 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 certifies that the above Resolution No. 2007-102 was duly and regularly passed and adopted by the said City Council at a regular meeting held on September 18, 2007. City Clerk Resolution No. 2007-102 Page 4 of 4 Exhibit A Mitigation Monitoring Program Project: Forrestal Nature Preserve Trailhead and Trail Improvement Project. Location: Forrestal Nature Preserve, Rancho Palos Verdes, CA 90275 Applicant/: City of Rancho Palos Verdes Landowner TABLE OF CONTENTS I. Introduction 2 11. Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III. Mitigation Monitoring Program Checklist 5 IV. Mitigation Monitoring Summary Table 6 Mitigation Monitoring Program Resolution No. 2007 -102 Exhibit A - Page 1 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), which is to allow trailhead and trail improvements at the City - owned Forrestal Nature Preserve responds to Section 21081.6 of the Public Resources Code. Section 21081.6, which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project. An Initial Study and Mitigated Negative Declaration were prepared to address the potential environmental impacts of the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative Declaration. 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." Mitigation Monitoring Program Resolution No. 2007 -102 Exhibit A - Page 2 11. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design, pre -trail construction, and construction. 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 111 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 section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: 1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. 2 The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3 The party responsible for monitoring shall then verify compliance and sign the Monitoring Milestone column of the MMP Checklist for the appropriate mitigation measures. Mitigation Monitoring Program Resolution No. 2007 -102 Exhibit A - Page 3 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. Mitigation Monitoring Program Resolution No. 2007 -102 Exhibit A - Page 4 III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on September 18, 2007. Mitigation measures are listed in the order in which they appear in the Initial Study. * Monitoring and Reporting Action indicates when the measure should be monitored and reported. * Party Responsible for Mitigation indicates who is responsible for implementation. * Enforcement Agency /Monitoring Agency /Monitoring Milestone indicates what agency is responsible for enforcing the measure, and provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures. Mitigation Monitoring Program Resolution No. 2007 -102 Exhibit A - Page 5 MITIGATION MONITORING PROGRAM FOR THE TRAILHEAD AND TRAIL IMPROVEMENT PROJECT AT THE FORRESTAL NATURE PRESERVE Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone 6. Biological Resources BIO -1 Pursuant to the NCCP, mitigation shall be in the form of a 3:1 ratio. Since the impacts are assessed at 0.10 acres, mitigation shall be at 0.30 acres. According to the NCCP, impacts resulting from new trails, trail maintenance or trail realignment and erosion repair shall be mitigated as part of the impacts contemplated for the implementation of the City's Conceptual Trails Plan. As such since the trails within the Forrestal Nature Preserve are a part of the City's Conceptual Trails Plan p Y p and the NCCP allows for 5 acres of impacts due to trail related improvements, as mitigation, the impacts resulting from the trail repair project have been mitigated through the dedication of 15 acres out of a total of 309.8 acres of City owned land into the NCCP Preserve as described in the Council approved NCCP Subarea Plan. The specific impacts of the trail construction will be determined after the project is completed, and will be included in the yearly report on the status of covered projects under the NCCP. Prior to trail construction City of Rancho Palos Y Verdes City PBCE Mitigation Monitoring Program - Checklist Resolution No. 2007 -102 Exhibit `A' —Page 6 MITIGATION MONITORING PROGRAM FOR THE TRAILHEAD AND TRAIL IMPROVEMENT PROJECT AT THE FORRESTAL NATURE PRESERVE Mitigation Measures Monitoring and Reporting Action Party Responsible for Mitigation Enforcement Agency/ Monitoring Agency/ Monitoring Milestone BIO -2 Work on the Crystal Trail shall not be permitted to occur during the bird breeding season (February 14 through August 31) without bird nesting surveys to ensure that sensitive bird species will not be impacted by project implementation. Prior to trail construction during the bird breeding season. City of Rancho Palos Verdes City PBCE BIO -3 Impacts to the Catalina mariposa lily and the western dichondra shall be avoided where feasible by implementing trail repairs on the side of the trails away from where those species are present. During site preparation g p p and trail construction City of Rancho Palos Verdes City PBCE BIO-4 Erosion control devices shall be placed and situated in a manner that directs water run -off into areas and slopes that are not prone to erosion. Prior to completing the trail realignment. City of Rancho Palos Verdes Cit y PBCE BIO -5 An updated Biological Report shall be prepared prior to commencing construction work and immediately after completing construction work on the Crystal Trail. Prior to commencing and immediately after trail work. City of Rancho Palos Verdes City PBCE Mitigation Monitoring Program - Checklist Resolution No. 2007 -102 Exhibit `A' —Page 7