CC RES 1999-038 RESOLUTION NO. 99-38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ADOPTING A
MITIGATED NEGATIVE DECLARATION AND
MAKING CERTAIN ENVIRONMENTAL FINDINGS IN
ASSOCIATION WITH ENVIRONMENTAL
ASSESSMENT NO. 701, SPECIFIC PLAN
AMENDMENT NO. 10, CONDITIONAL USE PERMIT
NO. 204 AND GRADING PERMIT NO. 2044 TO
ALLOW THE CONSTRUCTION OF A NEW 4,000
SQUARE FOOT AUTOMOTIVE SERVICE USE
STRUCTURE AND A 2,240 SQUARE FOOT
RETAI L/RESTAU RANT STRUCTURE WITH
ASSOCIATED GRADING AND OTHER SITE
IMPROVEMENTS AT 29701 WESTERN AVENUE.
WHEREAS, on October 19, 1998, the project applicant, Rich Development
Company, with approval of the property owner Tosco Corporation, submitted applications
for Specific Plan Amendment No. 10, Conditional Use Permit No. 204, and Grading Permit
No. 2044 to the City; and,
WHEREAS, the Commercial-Retail zoning district and Specific Plan No. III, in which
the subject property is located, allow for the development of the subject parcel for
commercial uses; 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 Specific Plan Amendment No.
10, Conditional Use Permit No. 204 and Grading Permit No. 2044 as mitigated 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 on March 24, 1999 and distributed for
circulation and review from March 24, 1999 through April 22, 1999; and,
Resolution No. 99-38
Page 1 of 5
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the Planning Commission, and prior to taking action on the proposed Specific Plan
Amendment No. 10, Conditional Use Permit No. 204, and Grading Permit No. 2044, the
Planning Commission independently reviewed and considered the information and findings
contained in 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 on April 27, 1999 adopted P.C. Resolution No. 99-12, recommending City
Council adoption of the Mitigated Negative Declaration; and,
WHEREAS, after issuing notice pursuant to the requirements of the City's
Development Code and the State CEQA Guidelines, the Planning Commission of the City
of Rancho Palos Verdes held a public hearing on April 27, 1999, at which time all
interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, on April 27, 1999, the Planning Commission adopted P.C. Resolution
No. 99-13, recommending City Council approval of Specific Plan Amendment No. 10,
Conditional Use Permit No. 204 and Grading Permit No. 2044; and,
WHEREAS, copies of the draft Mitigated Negative Declaration were distributed to
the City Council, and prior to taking action on the proposed Specific Plan Amendment No.
10, Conditional Use Permit No. 204, and Grading Permit No. 2044, the City Council
independently reviewed and considered the information and findings contained in 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 June 1, 1999, 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: This application would permit an Amendment to Specific Plan No. III,
to allow the setbacks for one specific parcel of land located at 29701 Western Avenue, to
be changed to 6' minimum front yard setback, 5' minimum side yard (south side) setback,
and 0' landscape buffer required along the south and westerly property lines.
Section 2: This application would also permit the construction of a new 4,000
square foot automotive use building, 2,240 square foot retail/restaurant building, 850 cubic
yards of grading, 33 parking spaces, improvements to the intersection at Summerland and
Western Avenue, landscaping and other site amenities.
Resolution No. 99-38
Page 2 of 5
Section 3: The subject property is currently zoned for Commercial-Retail
purposes, and is also designated on the City's General Plan maps for Commercial-Retail
purposes. Since the site will continue to be used for these purposes, the new structures
will not significantly impact the existing Land Use designation.
Section 4: Since the project site is relatively flat and the proposed project will
only affect a portion of the existing retaining wall, the proposed project will not result in
p
significant adverse affects to topography, destruction, covering, or modification of unique
geologic or physical features, impacts to archeological or paleontological resources,
increases in wind or water erosion of soils, or expose the occupants or visitors to seismic
ground failure, landslides, or other known hazards. The project will not result in a
significant effect on site drainage, surface run-off, groundwater or water movements, affect
any plant or animal species or result in the removal of any sensitive Plant Life or Animal
Life, or create a wasteful or inefficient use of the energy already being consumed on the
site. Further the project will not result in negative aesthetic effects to the surrounding
neighborhood or impact a scenic vista or highway.
Section 5: There will not be any significant adverse environmental impacts as a
result of the reduced southern sideyard building setback (5' instead of the required 20'),
given that any proposed new building would be constructed at a substantially lower
elevation than the neighboring residence; and in regards to the reduction in setback along
the front property line, since the automotive building is 50' wide and will only take up
approximately 1/3 of the total width of the 160' wide subject property and the
retail/restaurant building will be located approximately 70' from the front property line,
there is still adequate open frontage area to not create an aesthetic impact to those
traveling along Western Avenue; and the automotive building is tucked into the existing
9
slope and retaining wall system along the southern property line and the architect has
treated this side of the automotive building with aesthetic features, thereby reducing any
potential bulk and mass impacts to an insignificant level.
Section 6: Although the total number of vehicle trips to the site will increase with
the increase in building area and use, the project incorporates improvements to the
intersection of Western/Summerland, and therefore does not create significant adverse
impacts to circulation patterns, parking capacity, or traffic congestion. Because the
increase number of vehicle trips per day will not be significant, the project will not result
in an impact to local air quality standards, or expose sensitive receptors to pollutants.
p q
Section 7: The project meets the required parking spaces and therefore there will
be no significant impact to on-site parking.
Section 8: The proposed project will not alter the location, distribution, density,
or 9 rowth rate of the human population in the area above what is forecasted in adopted
City p lans 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,rotection, maintenance of public facilities (including roads), or other governmental
Resolution No. 99- 38
Page 3 of 5
services. The project will not result in the need for new systems, or substantial alterations
to utilities, including power or natural gas, communication systems, water, sewer or septic
tanks, storm water drainage, or solid waste disposal. Further, the project will not result in
the demand for new recreational facilities, as it is a commercial type use, which does not
generate this type of demand.
Section 9: For reasons discussed in the Initial Study, which is incorporated
herein by reference, the project would 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 applicant has consulted the lists prepared pursuant to Section
65962.5 of the Government Code and has submitted a signed statement indicating
whether the project and any alternatives are located on a site which is included on any
such list, and has specified any such list. The Lead Agency has consulted the lists
compiled pursuant to Section 65962.5 of the Government Code, and has certified that the
development project and any alternatives proposed in this application are not included in
these lists of known Hazardous Waste and Substances Sites as compiled by the California
Environmental Protection Agency.
Section 11: For the foregoing reasons and based on its independent review and
evaluation of the information and findings contained in the Initial Study, Staff Reports,
minutes, and records of the proceedings, the City Council has determined that the project
as conditioned and mitigated through the attached Mitigation Monitoring Program (Exhibit
A) will not result in a significant adverse impact on the environment. Therefore, the City
Council hereby adopts the Mitigated Negative Declaration making certain environmental
findings in association with Environmental Assessment No. 701 to allow Specific Plan
Amendment No. 10 for revised development standards to Specific plan III, and to allow
Conditional Use Permit No. 204/Grading Permit No. 2044, a proposed 4,000 square foot
Automotive service use building and a 2,240 square foot retail/restaurant building with
associated grading and other site amenities.
Resolution No. 9938
Page 4 of 5
PASSED, APPROVED, and ADOPTED this 1st day of June 1999
MAYOR �
ATTEST:
/ 1
t I CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 99-38 was duly and regularly passed and adopted by the said City Council
at a regular meeting held on June 1, 1999.
411
Cit Clerk
\\MASTADON\GREG PFOST\SPA10\CC MND RESO.DOC Resolution No. 99-38
Page 5 of 5
Exhibit A
Mitigation Monitoring Program
Project: Environmental Assessment No. 701/Conditional Use Permit 204/Grading Permit No. 2044
Location: 29701 Western Avenue, Rancho Palos Verdes, CA 90275
Applicant/: Applicant: Rich Development Company/Owner: Toso Corporation
Landowner
TABLE OF CONTENTS
I. Introduction 2�
II. 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
Exhibit A- Page 1 Resolution No. 99-38
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), is to allow the construction of a 4,000 square foot automotive service
use building and a 2,240 square foot retail/restaurant building, 850 cubic yards of grading, new landscaping, 33
parking spaces, improvements to the intersection of Summerland Avenue and Western Avenue, and other site
amenities, located at 29701 Western Avenue, in the City of Rancho Palos Verdes, responds to Section 21081.6
of the Public Resources Code. Section 21081.6 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/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.
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
Exhibit A-Page 2 Resolution No. 99-38
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
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
Mitigation Monitoring Program
Exhibit A-Page 3 Resolution No. 99-38
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
Exhibit A-Page 4 Resolution No. 99-38
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 June 1, 1999. 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 5 Resolution No. 99-38
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
6.1 G OL GY
6.1a) Prior to issuance of Building or Grading
permits,subject to review and approval by the
Building Official and the City Geologist,the
developer shall ensure that all applicable conditions
as specified within the Geotechnical Report and all
measures required by the City Geologist are
incor•orated into the project design.
6.1 b) All applicable Best Management Practices
(BMP's) required for all construction projects in the
City shall be incorporated into the project. The
BMP's shall include, but not be limited to: material
delivery and storage; material use;spill prevention
and control,solid waste management; hazardous
waste management and sediment control. Other
applicable BMP's will be required at the discretion
of the Director of Public Works in order to control
stormwater •ollution.
62.
:WAD'E`R
6.2a) Changing of automotive fuels and
maintenance on vehicles shall occur entirely within
the interior of the service bay.
6.2b) Prior to issuance of radin�g�permits the
developer
shall submit a Storm Water Pollution
Prevetion Plan. The plan shall be reviewed and
a••roved b the Director of Public Works.
6.2b) Prior to the issuance of a Building Permit,
review and approval by the Director of
subject to revs , y
Planning Building and Code Enforcement and the
Building,.official,the plans shall show that the
service-bay will include its own drainage system
m
connected to the site sewer line to ensure that there
will be no impacts to the site's water drainage
system.
Mitigation Monitoring Program
Exhibit A-Page 6 Resolution No. 99-38
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
6.3a) During project grading the contractor shall
water the site and clean equipment morning and
afternoon to comply with Air Quality Management
Plan (AQMP) Fugitive Dust Measures BCM-03 and
BCM-06. The contractor shall water the
construction site and any unpaved haul roads twice
daily to reduce fugitive dust.
6.3b) Construction operations shall include that on-
site crews wash off trucks leaving the site to comply
with AQMP Fugitive Dust Measure BCM-01.
6.3c) The general contractor shall sweep streets
daily if silt is carried over to adjacent public
roadways.
6.3d) The general contractor shall suspend
grading operations during first and second stage
smog alerts.
6.3e) The general contractor shall suspend all
grading operations when wind speeds(as
instantaneous gusts) exceed 25 miles per hour.
6.3f)The general contractor shall maintain
construction equipment engines by keeping them
tallier' tuned.
6
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6.4a) Prior to issuance of Building Permits,the
plans shall show minimum 5-foot radius curb
returns that shall be provided where the protect on-
site at an approximate 90-
s�te aisleways intersect pp roxi
degree angle,sub ect to review and approval of the
Publi c Works Director.g ector. Prior to issuance of a Final
Building Permit,the developer shall be responsible
for re-paving the alley access.
Mitigation Monitoring Program
Exhibit A-Page 7 Resolution No. 99-38
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
6.4b).Prior to issuance of anyppermits,and subject
and approval of the City Attorney,the
to review pp ty Y.
developer shall prepare and enter into revised
property easements for the proposed Summerland
accessway realignment.
6.4c) During construction,the developer shall
implement the following actions to ensure
p trian safety: 1) Los Angeles Unified School
edes ty .) g
ans Transportation Branch (323)227-4400 must
�istrict Tr p ( )
be contacted regarding potential impacts if any
upon existing school bus routes. School buses
buses
have access to Crestwood School;2)the
developer shall ensure that safe and convenient
pedestrian routes to Crestwood School are
maintained; 3)the Developer shall maintain of
ongoing communication with the administrator
Crestwood School, providing sufficient notice o
forewarn children and parents when existing
pedestrian and vehicular routes to school will be
impacted;4) appropriate traffic controls must be
installed as needed to ensure pedestrian and
vehicular safety;5) Construction scheduling and
haul oul be sequenced to minimize
h routes should q
conflicts with pedestnans,school buses and cars at
the arrival and dismissal times of the school day.
Haul routes are not to be routed past Crestwood
School, except when school is not in session;6) no
staging or parking of construction vehicles,
inct"udin vehicles to transport workers,shall be
permitted on streets adjacent to Crestwood School;
p crossin guards and/or flag persons shall be
7)crossing g
the developer if safety of children is
provided by p ty c•
compromised by construction related traffic; 8)
barriers and security personal shall be constructed
as needed to minimize trespassing,vandalism,
short-cut attractions and attractive nuisances.
6.4d) The developer shall obtain encroachment
permits from Caltrans for any work to be completed
within the public right of way. Additionally,the
developer shall be responsible for constructing
signal modifications at the intersection of
Western Avenue and Summerland Avenue in
accordance with Caltrans requirements.
Mitigation Monitoring Program
Exhibit A-Page 8 Resolution No. 99-38
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
6.5a) Prior to issuance of a building permit,the
developer shall obtain all necessary approvals from
the Los An eles Coun Fire Department County impacts
that there will be no significant h p
related to the storage or dispensing of flammable
liquids and materials associated with the automotive
use.
6.6a) All project grading and construction shall be
restricted to the hours of 7am to 6 pm Monday
through Saturday. No grading or construction shall
be allowed on Sunday or Federal holidays.
6.6b)Prior to issuance of a building permit subject
to review and approval by the Director of Planning,
Building and Code Enforcement and the Building
Official;the plans shall show that the automotive
building is constructed of concrete or concrete
block.and that the ceiling of the automotive facility
shall be insulated to reduce noise that may escape
and disturb residents living at a higher elevation
than the proposed facility,, and that the main shop
area will not use an over ead open-air ventilation
system such as turbine fans;and any air
compressors for use with pneumatic tools shall be
enclosed within the facility or in separate
enclosures; and individual bay door openings shall
not exceed 100 square feet each and bay.
shall be kept shut on all bays that are not in active
use; and the wall of the shop area opposite the bay all be covered with an acoustically
doors h y
absorbent material; and if the automotive shop is to
incorporate a rear or side doors,such doors shall
be solid core and fitted with a vinyl or rubber seal;
and no windows shall be located along the sides or
rear of the main shop area.
6.6c) Hours of operation of the auto service use
and use of pneumatic tools shall be restricted to
between the hours of 7am to 7pm,Monday through
Saturday. Hours of operation of the
retail/restaurant use shall be restricted to 7am to
10pm,Monday through Sunday. At6 months
g
followin the occupancy of the on-site structures,
Mitigation Monitoring Program
Exhibit A-Page 9 Resolution No. 99-38
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
the hours of operation shall be evaluated by the
Director of Planning, Building and Code
Enforcement to address any noise issues. At such
time,the Director may require a uire the hours of
q
operation to be changed. The Director's decision
may be appealed to the City Council.
PP ty
6.6d)The use of pneumatic tools shall be restricted
to the interior of the shop area. In no case shall
pneumatic tools be used outside of the facility.
6.6e) The operation of the automotive service
station use shall not cause noise exceeding 65
decibels to be audible at the property line of any
adjacent residential property.
6.6e) All construction equipment shall have proper
mufflers and kept in proper working condition as
required by the manufacturer.
•6 M7...:.AESTETIC ,....: .... ..... .. ...... .. ... ... ..
6.7a) Prior to Issuance of Certificate of Use and
Occupancy of any and all of the proposed
buildings,the developer shall request that the City
conduct an inspection of the site to ensure that
there is no spill-over of light onto adjacent
isro erties. A trial period-of six months from
suance of Certificate of Use and Occupancy for
assessment of exterior lighting impacts shall be
instituted. At the end of the six-month eriod,the
City may require additional screening or reduction in
intensity
yof an y light that has been determined to be
excessively bright.
6.7b) Prior to Issuance of Building Permits,the
developer shall show how all mechanical
equipment has been screened from public view
from Western Avenue and from other properties
that look down onto the subject site
6.7c) Prior to Issuance of Building Permits,the
developer shall show on the plans and provide a
Mitigation Monitoring Program
Exhibit A-Page 10 Resolution No. 99-38
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
sample of the proposed color tor the tlat root
material. It shall be of a color that will ensure that
there will not be any glare impacts to those property
owners located at a higher elevation than the roof,
and shall be of a color that is aesthetically pleasing
as d etermined by the Director of Plannin g,Building
and Code Enforcement.
Mitigation Monitoring Program
Exhibit A-Page 11 Resolution No. 99-38