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RDA RES 1994-010 RESOLUTION NO. RDA 94-10 A RESOLUTION OF THE REDEVELOPMENT AGENCY BOARD OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IN ASSOCIATION WITH ENVIRONMENTAL ASSESSMENT NO. 659 FOR SIX DEWATERING WELLS IN THE ABALONE COVE LANDSLIDE AREA, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S LOCAL CEQA GUIDELINES WHEREAS, the City of Rancho Palos Verdes Redevelopment Agency (RDA) submitted Environmental Assessment No. 659 to initiate the environmental review of the installation of six new dewatering wells in the Abalone Cove Landslide Area, all located within the boundaries of the City's Redevelopment Project Area; 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 Regulation, 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 authorized the preparation of an Initial Study which determined that, by incorporating mitigation measures into the Negative Declaration and project scope, there was no substantial evidence that the proposed project would have a significant effect on the environment. Accordingly, a draft Mitigated Negative Declaration and Initial Study were prepared and notice of that fact was given in the manner required by law; and, WHEREAS, the Draft Mitigated Negative Declaration and Initial Study were circulated for a 20-day public review period, beginning on June 22, 1994, at which time comments were submitted by certain individuals and public agencies, and a duly noticed public hearing was held before the Redevelopment Agency Board of the City of Rancho Palos Verdes to consider the Draft Mitigated Negative Declaration on July 5, 1994, at which time public comments on the Draft Mitigated Negative Declaration and Initial Study were received by the Redevelopment Agency Board. NOW, THEREFORE, THE REDEVELOPMENT AGENCY BOARD OF THE CITY OF I/ RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: • Section 1: The Redevelopment Agency Board has reviewed and considered the Initial Study, the proposed Mitigated Negative Declaration, and the public comments received for them, and finds, based upon the review and independent judgement of the Redevelopment Agency Board, that: 1) the Mitigated Negative Declaration was prepared in the manner required by law; 2) the mitigation measures identified in the Mitigated Negative Declaration, summarized in the Mitigation Monitoring Program and agreed to by the Redevelopment Agency (RDA) , would mitigate the effects of the project to a point where no significant effect on the environment should occur; and, 3) that there is no substantial evidence in light of the whole record before the Redevelopment Agency Board, that the proposed project, with proper mitigation, may have a significant effect on the environment. Section 2: Based on the foregoing, the Redevelopment Agency Board finds that the adoption of the Draft Mitigated Negative Declaration and Mitigation Monitoring Program, made a part hereto and attached as "Exhibit A", are in the public interest. Section 3: For the foregoing reasons and based upon the facts contained in this Resolution, the Staff Reports, Environmental Assessment No. 659, the Initial Study and Mitigated Negative Declaration, the public comments received by Staff and the Redevelopment Agency Board, and other components of the legislative record; the Redevelopment Agency Board hereby adopts the proposed Mitigated Negative Declaration and Mitigation Monitoring Program associated with Environmental Assessment No. 659 for the project known as the Abalone Cove Dewatering Wells Project. Section 4: The time within which 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. PASSED, APPROVED, and ADOPTED this 2nd day of August 1994. AiAld / 1 , C ATT ST: the / AGE Y S CRETARY STA E OF CALIFORNIA } COUNTY OF LOS ANGELES } SS CITY OF RANCHO PALOS VERDES } I, Jo Purcell, Agency Secretary of the Rancho Palos Verdes Redevelopment Agency hereby certify that the above Resolution No. RDA 94-10 was duly and regularly passed and adopted by the said Redevelopment Agency Board at a regular meeting eld on August 2, 1994. 411 / / / 0 AGCY SE-RETARY (jhr#6 ccres.dww) Resolution No. RDA 94-10 Page 2 of 2 EXHIBIT "A" Abalone Cove Dewatering Wells Project Guidelines In addition to the mitigation measures identified in the Mitigation Monitoring Program, the following project guidelines/procedures will be adhered to by the RDA Staff: 1) If the transport of heavy construction equipment using oversize vehicles on state highways becomes necessary, a Caltrans Transportation Permit will be required. 2) With the exception of the drilling rig(s) , if large size trucks are required to transport construction materials or equipment, it is recommended that they be limited to off-peak commute periods. 3) If found to be required, a Discharge Permit from the California Regional Water Quality Control Board will be obtained prior to well activation. 4) Approval to construct improvements within an L.A. County Sewer Districts' sewer easement and/or over a Districts' sewer is required before construction may begin in said areas. 5) Prior to placing any wells on private property, permission will be obtained from the appropriate property owner(s) . 6) If some vegetation clearing is desired by the RDA Staff to facilitate the placement of the wells, the mitigation measures identified in the Mitigation Monitoring Program that protect sensitive plants shall be adhered to. 7) All appropriate City Building and/or Electrical permits will be obtained prior to any construction of the wells. (jhr#6 cc8294x.dww) Exhibit "A" RESOL. NO. RDA 94-10 Draft 6/23/1994 Final 7/--/1994 ABALONE COVE DEWATERING WELLS PROJECT MITIGATED NEGATIVE DECLARATION RANCHO PALOS VERDES, CALIFORNIA MITIGATION MONITORING PROGRAM PREPARED FOP.: CITY OF RANCHO PALOS VL 9ES • 30940 HAWTHORNE BOULEVARD RANCHO PALOS VERDES, CALIFORNIA 90274-5391 PREPARED BY: EDAW, INC. . 1920 MAIN STREET, SUITE 450 IRVINE, CA LIFORN7.24 11' JULY --, 1994 EXHIBIT "A" RESOL. NO. RDA 94-10 P:`4 N01801\94062345•W P4 TABLE OF CONTENTS I. Introduction 1 II. Management of the Mitigation Monitoring Program 2 Roles and Responsibilities 2 Mitigation Monitoring Program Procedures 2 Mitigation Monitoring Operations 3 III. Mitigation Monitoring Program Checklist 4 P:MN01801\94062345.WP4 11 RESOL. NO. RDA 94-10 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program(MMP), for the Abalone Cove Dewatering Wells Project 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 Abalone Cove Dewatering Wells 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 01 avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring P ro is required to ensure that the adopted mitigation measures under the jurisdiction of program � 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 (Publi' Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of ..':Cti. (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 sh?11, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program." P:MN01801∎94062345.'VP4 1 RESOL. NO. RDA 94-10 II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES the project will be in place through all phases of the project including final The MMP for th p � p . o pre-grading,construction. and operation. The City will have the primary enforcement design, pre � g, P role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES • • this MMP consists of. filing requirements, and The mitigation monitoring procedures for th s compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist provides rovides a comprehensive list of the required mitigation measures. In The MMP P addition, the . e Mitigation Monitoring Checklist includes: the implementing action when the ' ' will occur; the method of verification of compliance; the timing of mitigation measure 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 organized, and retained by the City of Rancho Palos Verdes department of be established. o � Y Y Planning, Building and Code Enforcement. Compliance Verification, The MMP Checklist shall be signed when compliance of the mitigation measure is met City according to the Cit of Rancho Palos Verdes Director of Planning, Building, and Code p Enforcement. The compliance verification section of the MMP Checklist shall be signed, for r measures mitigation requiring ongoing monitoring, and when the monitoring of a mitigation g � measure is completed. PMN01801\94062345.V'P4 2 RESOL. NO. RDA 9 4-10 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, th° Director of Planning, Building, and Code Enforcement would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements. P:`4N01801 X94062345.WP4 3 RESOL. NO. RDA 94-10 III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section P rovides the MMP Checklist for the project as approved by the City of Rancho Palos Verdes on July --, 1994. The mitigation measures or portions of mitigation measures that have been changed from those presented in the Initial Study/Mitigated Negative _ Declaration are shown with italics and/or strikeouts. The changes made during the public review PP rocess and approved by the City Council do not have an environmental effect and P do not change the conclusions of the environmental analysis in the Mitigated Negative Declaration. They have been made to: reflect more stringent standards or more accurate information, and/or more accurately reflect the appropriate method of timing, responsibility, compliance or penalties. P:\4N01801\94062345.WP4 4 RE S O L. NO. RDA 94-10 tti11'['1(;A'fI()N M()NIT()RIN(;PROGRAM CHECKLIST ABALONE COVE I)I:WATERIN(;WEI.I..S MITIGATED NEGATIVE f)N:UI.ARA'I'I()N Mitigatiop Measure Implementing Action Method of Verification 'Tiering of Verification Responsible Department/ Compliance Agency Verification I A pre-construction biological survey of the Pre-construction Monitored by Director Pre-construction Director of Planning, specific well locations shall be conducted to map biological survey Building,and Code the locations er the sensitive plant and animal Enforcement species. 'these locations shall be flagged to facilitate avoidance by construction equipment and workers. Compliance with this measure shall be monitored by the Director of Planning, Building, and Code Enforcement. 2 During construction.maximum effort shall he Restnction of Vehicle Monitored by Director During('onstnictiun Director of Planning, exercised to restrict vehicle transportation routes 'fransportatin Building.and Code and trips to a minimum number. Earth-moving Routes/Number Enforcement equipment and drilling equipment shall be confined to the narrowest possible corridor during construction. Compliance with this measure shall he.rionitored by the 1)irector of Planning, Building,and Code Enforcement. 3. No IN-titling or construction shall occur during the Prohibit grading or Monitored by Director During grading or Director of Planning, mating/breeding/nesting season fur the California construction from nod- construction Building,and('ode l gnatcatcher and coastal cactus wren(mid-February February through July Enforcement lh through July). Compliance with this measure shall l be monitored by the Director of Planning, !Wilding.and('ode Enforcement. • C 0 z 0 ►g, 0 Mitigation.I Leasure Implementing Action Meshed of Verification Timing of Verification Responsible Department/ Compliance Agency Verification 4. Prom to grading,the applicant shall provide limit construction to Review of limited Prior to grading Director of Planning, written proof to the.')irector of Planning,Building, Monday through construction from Building,and Code anti Code Enforcenunt from the project Saturday 7 a.m. through Monday through Enforcement construction and grading crew that the hours of 5 p.m. Saturday 7 a.m.through construction and grading shall be limited to the 5 p.m. days of Monday through Saturday only,between the hours of 7 a.m.and 5 p.m.,no construction will be conducted on Sunday's and holidays except during emergency situations as defined by the City's Municipal Code. 5. Prior to grading,the applicant shall provide mailed Mail Notice of Review and Approval of Pnor to grading Director of Planning, Notice of Construction to surrounding dwelling Construction to Notice of Construction to Building,and Code units which includes the name of a contact person surrounding resident_ surrounding residents Enforcement and phone number of the City's Public Works Department 6 Prior to grading,the applicant shall ensure that Ensure the use of Approved use of Pnor to grading Director of Planning, grading and construction vehicles and equipment effective mufflers effective mufflers Building,and('ode shall he equipped and maintained with effective Fnforcement muffler systems,subject to approval of the City Engineer. tT 7d ti I 0 • 0 0 Mitigation Measure Implementing Action Method of Verification 'timing of Ve.rification Responsible Compliance I)rpartment/Agency Verification A. Prior to grading,the applicant shall retain a Retain certified Review and approval of Prior to grading• Director of Planning, certified archaeologist to conduct a walkover Archeologist to conduct Archeologist,further Building,and Code survey Of the project area that will he affected by walkover actions as defined by Enforcement grading and construction activities. 'Ube purpose Archeologist of the survey is to determine the presence or absence of significant archaeological resources. Should it be determined by the archaeologist that significant archaeological resources are present within the project area that will be subject to grading activity,the archaeologist shall be present at the pre-grading conference,shall establish procedures for archaeological resource surveillance,and shrill establish,in cooperation with the project proponent,procedures for temporarily halting or redirecting work to permit the sampling, identification,and evaluation of the artifacts as appn►pnate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the project proponent and to the Director of Planning, Building,and('ode Enforcement. If the archaeological resources are found to be significant,the archaeological observer shall deiennine appropriate action,in cooperation with the applicant, for exploration and/or savage. These actions,as well as final mitigation and disposition of the resources,shall be subject to the approval of the Director of Planning. Building and ('ode Enforcement. ;o►urce: E:l)AW, • tri 0 z 0 0