RDA RES 1994-018 RESOLUTION NO. RDA 94- 18
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. 608 FOR AN EROSION
CONTROL PROJECT IN THE PORTUGUESE BEND 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. 608 to initiate the
environmental review of the installation of a 48 inch corrugated
metal pipe in the Portuguese Canyon 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
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 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 30-day public review period, beginning
on September 15, 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 October 4, 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
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Redevelopment Agency Board has independently
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
approved by the Redevelopment Agency (RDA) , would mitigate the
effects of the project to a point where no significant effect on
the environment would 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,
will have a significant effect on the environment.
Section 2 : The City of Rancho Palos Verdes is recognized by
the California Department of Fish and Game as the lead agency for
the purposes of preparing a Natural Community Conservation Plan
(NCCP) for the peninsula subarea, and as a result, projects
undertaken within potential coastal sage scrub reserve areas must
not preclude the ability of the subarea to create a viable coastal
sage scrub reserve. Because the proposed project is located within
an area that has the potential for inclusion into the subarea's
coastal sage scrub reserve and because the proposed project will
impact approximately . 37 of an acre of coastal sage scrub
vegetation, the following findings pursuant to the NCCP Interim
Coastal Sage Scrub Habitat Loss Process and Federal Endangered
Species Act 4 (d) Special Rule for Incidental Take of the California
Gnatcatcher are made:
1) That the habitat loss does not cumulatively exceed
the 5% guideline for the loss of coastal sage scrub within the
subarea as approximately . 37 of an acre of vegetation will be
impacted and this .37 of an acre constitutes approximately . 03%
( . 37 acre/1, 050 acres) of the total coastal sage scrub reserve
within the peninsula subarea;
2) That the habitat loss will not preclude connectivity
between areas of high habitat values as the proposed project will
only impact approximately . 37 of an acre of vegetation, the size
and nature of the project will not preclude the movement of
wildlife within the area, and the project area is isolated from
areas of high habitat value;
3) That the habitat loss will not preclude or prevent
the preparation of the subarea NCCP as the City remains committed
to the NCCP process and the proposed project will not preclude or
prevent the preparation of the subarea NCCP;
4) That the habitat loss has been minimized and
mitigated to the maximum extent practicable, in accordance with the
Interim Mitigation criteria of the NCCP Process Guidelines as the
habitat loss has been minimized and mitigated to the maximum extent
feasible through the implementation of the proposed mitigation
measures;
5) That the habitat loss will not appreciably reduce the
likelihood of the survival and recovery of listed species in the
wild as only approximately . 37 of an acre of vegetation will be
Resolution No. RDA 94-18
Page 2 of 4
impacted and mitigation measures will be implemented to avoid
significant impacts to any listed species;
6) That the habitat loss is incidental to otherwise
lawful activities as the purpose of the proposed project is to
protect the public health, safety and welfare by reducing the rate
of movement and thus helping to stabilize the Portuguese Bend
Landslide, and any habit loss is an unavoidable consequence of
achieving the project objective.
Section 3 : The California Department of Fish and Game has
determined that the project-related impacts will occur in an area
which presently does not support California gnatcatchers; the
project site is immediately adjacent to an urbanized area; the
plant communities occurring on-site are primarily comprised of non-
native weedy species intermixed with a few patches of coastal sage
scrub; the California gnatcatchers in the Portuguese Canyon have
not been documented, in previous studies, to utilize this site; the
documented population in this area occurs at such a distance from
the project site so as to preclude the potential for adverse
project-related impacts; additionally, the actual acreage of
coastal sage scrub impacted is approximately 0. 5 acres and not 5,
as was stated in the Initial Study.
Section 4: Based on the foregoing, the Redevelopment Agency
Board finds that the adoption of the Draft Mitigated Negative
Declaration, Mitigation Monitoring Program, made a part hereto and
attached as "Exhibit A", and Project Guidelines, made a part hereto
and attached as "Exhibit B", are in the public interest.
Section 5: For the foregoing reasons and based upon the facts
contained in this Resolution, the Staff Reports, Environmental
Assessment No. 608, 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. 608 for the project
known as the Portuguese Canyon Erosion Control Project.
Section 6: 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.
Resolution No. RDA 94-18
Page 3 of 4
PASSED, APPROVED, and ADOPTED this 6th day of December
1994 .
CHAIR
ATTEST:
, , '100p
c.P
AG Y SECRETARY
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 94-18 was duly and regularly passed and adopted by the said
Redevelopment Agency Board at a regular meeting held on
December 6, 1994.
/OF
e
40
AGENC : CRETARY
I
Resolution No. RDA 94- 18
Page 4 of 4
EXHIBIT "A"
• Draft 10/31/1994
Final 11/29/1994
PORTUGUESE CANYON EROSION CONTROL PROJECT
MITIGATED NEGATIVE DECLARATION
RANCHO PALOS VERDES, CALIFORNIA
MITIGATION MONITORING PROGRAM
PREPARED FOR:
CITY OF RANCHO PALOS VERDES
30940 HAWTHORNE BOULEVARD
RANCHO PALOS VERDES, CALIFORNIA 90274-5391
PREPARED BY:
EDAW, INC.
1920 MAIN STREET, SUITE 450
IRVINE, CALIFORNIA 92714
NOVEMBER 29, 1994
RECEIVED
IWN08501•CAN"°"." P' NOV 3 0X994
PLANNING,
CODE ENF.LNG
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:13NO85ORCANYON.WP4 11
RESOL. NO. RDA 94-18
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP), for the Portuguese Canyon Erosion Control
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 Portuguese Canyon Erosion Control 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."
PA3N08w1•CArnrorrwP4 1
RESOL. NOR. RDA 94-18
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.
PA3N08501WANYON.WP4 2
RESOL. NO. RDA 94-18
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.
PA3NO85O1•CANYON.WP4 3 RE S OL. NO. RDA 94-18
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the City of Rancho
Palos Verdes on December 6, 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 process and approved by the City Council do not have an environmental effect and
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.
I
P:VNO8SOI•CANYON.WP4 4
RESOL. NO. RDA 94-18
al= OMB
MITIGATION MONITORING PROGRAM CHECKLIST
PORTUGUESE CANYON EROSION CONTROL PROJECT MITIGATED NEGATIVE DECLARATION
Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible Department/ Compliance
Agency Verification
1. During project implementation,maximum effort Restriction of vehicle Monitored by the During grading Planning,Building,and
shall be exerdsed to restrict vehicle transportation transportation Director of Planning, . Code Enforcement
routes and trips to a minimum number. Earth- routes/number Building,and Code
moving equipment shall be confined to the Enforcement
narrowest possible corridor during construction.
Cade shall be taken to eliminate deposition of waste
dirt or rubble in the stases or on creek
banks. Compliance with this measure shall be
monitored by the Director of Planning,Building, _
and Code Enforcement.
2. A biological monitor shall be present during all Biological monitor of all Monitored by the During all project Planning,Building,and
project operations to assist the workers in avoiding project operations Director of Planning, operations Code Enforcement
impacts to coastal sage scrub and sensitive plant Building,and Code
species that are located in the project vicinity. The Enforcement
biological monitor will also assist the workers in
avoiding non-sensitive habitats to the greatest •
degree possible. Compliance with this measure
shall be monitored by the Director of Planning,
•
Building,and Code Enforcement
Revegetation plan Approval by the Director Prior to grading Planning,Building,and
3. A revegetation plan for the site emphasizing the use of Pig,Building, Code Enforcement
of coastal sage scrub hydroseed than be prepared and Code Enforcement
for the proposed project by a qualified biologist and
I subject to the approval of the Director of Planning,
Building and Code Enforcement. The revegetation
I plan shall specify the composition of hydroseed
mix,the timing of its application and completion
relative to grading and construction,and site
preperadon and irrigation standards(if they are
u) needed). The seeds shall be collected from coastal
0 sage savb plants on the project site,or elsewhere in
the Palos Verdes Hills.
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Mitigation Measure Implementing Action Method of Verification Timing of Verification Responsible Department/ Compliance
Agency Verification
4. No grading construction shall occur during the Prohibit grading or Monitored by Director During grading or Planning,Building,and
mating/breeding/nesting season for the California construction from mid- construction , Code Enforcement
gnatcatcber and coastal cactus wren(mid-February February through July
through July).
Notate: r1)AW,inc.
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SIM 411111.
EXHIBIT "B"
Portuguese Canyon Erosion Control Project Guidelines
In addition to the mitigation measures identified in the Mitigation
Monitoring Program, the following project guidelines/procedures
shall be adhered to by the RDA Staff:
1) A Section 401 Permit shall be obtained from the California
Water Quality Control Board prior to commencement of work
(brush clearing, grading) within the Portuguese Canyon
streambed.
2) A Section 404 Permit shall be obtained from the U.S. Army Corp
of Engineers prior to commencement of work (brush clearing,
grading) within the Portuguese Canyon streambed.
3) A Stream Alteration Agreement (Section 1601 Permit) shall be
obtained from the California Department of Fish and Game prior
to commencement of work (brush clearing, grading) within the
Portuguese Canyon streambed.
4) If the transport of heavy construction equipment using
oversize vehicles on state highways becomes necessary, a
Caltrans Transportation Permit will be required.
5) If large size trucks are required to transport construction
materials or equipment, it is recommended that they be limited
to off-peak commute periods.
6) 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.
7) Written permission will be obtained from the appropriate
property owner(s) prior to project implementation.
(jhrN6 cc12694x.pcd)
RESOL. NO. RDA 94-18