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PC RES 1996-004rl •;1:61101 lilt I Lei• LJ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A FINAL MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 680 TO ALLOW CONTINUAL REMEDIAL GRADING PURSUANT TO A SPECIFIC GRADING PLAN WITHIN THE PORTUGUESE BEND CLUB IN CONJUNCTION WITH COASTAL PERMIT NO. 77 - REVISION AND GRADING PERMIT NO. 1315 -REVISION WHEREAS, the applicant, the Portuguese Bend Club Homeowners Association, has submitted an application for Environmental Assessment No 680, in association with applications for Coastal Permit No 77 -Revision and Grading Permit No 1315 -Revision, to allow the continual remedial grading pursuant to a specific grading plan within the Portuguese Bend Club which is necessary for the maintenance of Yacht Harbor Drive and the protection of several homes from the active Portuguese Bend landslide; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 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 of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures in to the Negative Declaration and project approval, there is no substantial evidence that the approval of Coastal Permit No 77 - Revision and Grading Permit No 1315 -Revision 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, after notice issued pursuant to the provisions of the Development Code and State CEQA Guidelines, the Planning Commission held a public hearing on the project on January 9, 1996, at which time all interested parties were given an opportunity to be heard and present evidence, and, WHEREAS, in accordance with the requirements of the California Environmental Quality Act, a Mitigation Monitoring Program has been prepared, and is attached hereto as Exhibit "B" NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS r Section 3 The proposed project involves the grading of a 7 acre area in order to remediate the ongoing and potential impacts of the underlying Portuguese Bend Landslide on the adjacent private road and homes Therefore, when reviewed in accordance with "Appendix G - Significant Effects" of the State CEQA Guidelines, the project would result in the disruption, displacement, and compaction of the soil, as well as establishing new topographic contours for the area However, the project would not result in the destruction of any unique geological features since the active landslide has already destroyed or significantly modified the previous topography and improvements on the site Although the proposed project would not directly alter the erosion rate of the area's soils or beach sands, and the scope of the project is intended to "slow down" the movement of the underlying landslide towards the ocean, the project would result in a decrease in soil and beach sand erosion in the immediate area The proposed project is intended to reduce the exposure of people and property to the geologic hazards associated with the active landslide, therefore, the project will not result in new hazards of this type and no mitigation measures for Earth impacts are required, and are indicated in Appendix "A" of this P.0 Resolution. Section 2 It has been determined that the proposed project will result in short term impacts from the proposed grading activity, such as fugitive dust and fumes created by the grading equipment However, the grading of the area to specific contour lines would not violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations (see paragraph (x) of Appendix G of State CEQA Guidelines) Therefore, the long term impacts of the project are not significant However, in order to mitigate any short term impacts, mitigation measures for Air impacts have been suggested, and are indicated in Appendix "A" of this P C. Resolution. Section 3 The proposed project would not result in any changes in the currents, course or direction of water movement in any marine or fresh waters However, the alteration of the existing contours of the area may result in a change in the direction and amount of storm water run-off since the new contours would be steeper in grade. The project is not expected to alter the course and flow of flood waters, which will continue to be contained by the existing storm drain system in the area. The project would not change the amount of surface water in any water body (i e. Pacific Ocean) The proposed project is designed to reduce the rate of the Portuguese Bend Landslide, thus the ground water levels and public water supplies should not be impacted by the project. The project would not expose people or property to any water -related hazards, such as flooding and tidal waves, and there are no surface thermal springs within the project or adjacent areas. In order to reduce any potential impacts to water resources, a mitigation measure for Water impacts is indicated in Appendix "A" of this P C Resolution Resolution No 96-4 Page of Section 4 During the years of active landslide movement and remedial grading within the project's boundaries, native plant species throughout the area have been destroyed, to the point that the area consists mostly of barren, crumbling earth surface Therefore, the proposed project would not change the diversity of plant species or reduce the numbers of rare or endangered plants The project would not also introduce any new species of plants, nor would it reduce any acreage of any agricultural crops since there are none in existence on the property. Therefore, no mitigation measures for Plant Life impacts are required Section 5 For purposes of this Initial Study, and in accordance with Appendix G of the CEQA Guidelines, a significant impact would occur if implementation of the proposed project would result in a loss of rare or endangered plants or animals, or cause substantial interference with resident or migratory fish or wildlife species Since almost the enure site has been disturbed over the last forty years by near constant land movement, the proposed project would not affect any rare or endangered animals Therefore, no mitigation measures for Animal Life impacts are required. Section 6 In accordance with Appendix G of the CEQA Guidelines, a project will normally have a significant effect on the environment if it will substantially increase ambient noise levels adjacent to the project (see paragraph (p)) Short term Noise impacts associated with the proposed project (grading activity) are expected Accordingly, mitigation measures have been suggested to reduce these short term noise impacts to less than significant levels, and are indicated in Appendix "A" of this P C Resolution Long term Noise impacts would not occur since the site will remain undeveloped and no mitigation measures in this regard are required. Section 7 The proposed alteration of the existing topography would not result in any increase (or decrease) in the amount of light and glare on the project site or in the general area since all grading activity will take place during daylight hours and no lights are proposed to be installed on the subject property. Therefore, no mitigation measures for Light and Glare impacts are required. Section 8 The majority of the project's area is zoned Open Space Hazard (OH) which prohibits any permanent construction or structures. The project would not alter the land use of the area since it would remain vacant and undevelopable. Therefore, no mitigation measures for Land Use impacts are required Section 9. A significant impact would occur if implementation of the proposed project would encourage activities which would result in the use of a large amount of fuel, water, or energy, or the use of fuel, water, or energy in a wasteful manner The proposed remedial grading is not considered significant with respect to any impacts on natural resources Therefore, no mitigation measures for Natural Resources impacts are required P.C. Resolution No 96-4 Page 3 of 8 Section 10- The proposed grading project would not involve a risk of an explosion or the release of hazardous substances Therefore, no mitigation measures for Risk of Upset are impacts are required. Section 11 In accordance with the General Plan Housing Element policies and the Southern California Association of Governments (SCAG) Regional Housing Assessment Needs (RHNA), the proposed project will not alter the location, distribution, density, or growth rate of the human population in the area above what is forecasted in adopted City plans and policies, nor will the project affect existing housing, or create a demand for additional housing Consequently, no mitigation measures have been required with respect to Population or Housing impacts Section 12 The grading project would help to prevent further damage to Yacht Harbor Drive, the street utilized by the residents and Beach Club members for access to the homes and beach facilities Although the alignment of Yacht Harbor Drive would be modified, the project would not significantly alter the present circulation pattern and parking facilities in the area. The proposed project would not generate any additional traffic to the area, nor would it impact the existing transportation systems serving the site The subject property is not served by any waterborne, rail, or air transportation systems Therefore, the proposed project will not result in any significant impacts to traffic and circulation, and no mitigation is required for Transportation/Circulation impacts Section 13 The proposed project will not create a significant additional demand or require the expansion of existing schools, parks or other recreational facilities, maintenance of public facilities (including roads), or other governmental services Impacts to these agencies with respect to Public Services is not considered significant, and no mitigation measures have been required. Section 14 Due to the scope of the proposed project, which is limited to localized landslide abatement on an as -needed basis, the project would not result in the use of fuel, water, and energy in a wasteful manner In addition, the project would not require the development of new sources of energy since the site has been, and would continue to be adequately served by conventional sources Therefore, no mitigation measures for Energy impacts are required Section 15- The proposed project will not result in the need for new systems, or substantial alterations to existing utilities, including power or natural gas, communication systems, water, sewer or septic tanks, storm water drainage, or solid waste disposal For this reason, no mitigation measures have been required with respect to Utilities impacts. P C Resolution No 96-4 Page 4 of 8 Section 16 The proposed project would not create any health hazards to people in the general area. The project is intended to abate and avoid any hazards to people associated with landslide movement. Therefore, no mitigation measures for Human Health impacts are required Section 17 Public views over the subject property are available from Palos Verdes Drive South. Although the active landslide has substantially raised the level of the ground in the subject area, it has not impacted the ocean views from the roadway However, the views from some of the residential lots within the Portuguese Bend Club have been adversely effected by the landslide The proposed remedial grading will neither improve or adversely effect the existing views over the subject property In addition, the landslide activity has resulted in highly disturbed and barren terrain that could be considered unsightly The proposed project would replace the existing topography created by the landslide with more uniform, man-made slopes (as steep as 1 5 1) However, the re -contouring of the site would not significantly alter the overall appearance of the subject property Therefore, the project impacts on Aesthetics are not significant and no mitigation is required Section 18 Conflicts with the goals and policies of the City of Rancho Palos Verdes General Plan regarding recreation and open space are considered significant impacts Furthermore, a substantial increase in the demand for new recreational facilities and/or expansion of existing programs beyond planned capacities is considered a significant recreational impact. The nature of the proposed project would not have an impact upon the existing recreational opportunities to residents in the area, since the site is not currently used for any recreational activity Therefore, no mitigation measures for Recreation are impacts are required Section 19 The subject project area has experienced significant disturbance of the land during the last forty years of landslide movement, including fissuring and accelerated erosion. Additionally, as a result of previous remedial grading and disking of the subject area, the surface of the subject site has been significantly altered Therefore, any prehistoric or historic archeological resources that existed on the site have been highly disturbed Furthermore, although the coastal bluff and active landslide area have been identified as potentially having value in terms of paleontological resources, as a result of the high degree of erosion and strata exposure, these areas should not be construed as the only areas where such findings could occur Since the commencement of the Portuguese Bend Landslide forty years ago, all of the previously existing buildings and other structures have been removed from the site or destroyed by land movement. Therefore, no historic building or structure exists on the site, and therefore, there is no potential impacts as a result of implementation of the proposed project. Finally, the P C Resolution No 96-4 Page 5of8 proposed grading activity does not have the potential to affect any unique ethnic cultural values, since none have been identified in conjunction with the subject property Section 20 For reasons discussed in the Initial Study, which is attached hereto by reference, the proposed remedial grading in the Portuguese bend Landslide would not affect any habitats for fish or wildlife, nor will it threaten animal or plant communities since no removal of existing vegetation or habitat areas will occur Therefore, no significant impacts to these resources would be created through the implementation of this project. Section 21 For reasons discussed in the Initial Study, which is attached hereto by reference, the project would not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals Section 22 For reasons discussed in the Initial Study, which is attached hereto by reference, the project would not have impacts which are individually limited, but cumulatively considerable Section 23 For reasons discussed in the Initial Study, which is attached hereto by reference, the project would not have environmental impacts that will cause substantial adverse effect on human beings, either directly or indirectly Section 24 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 25 For the foregoing reasons and based on the information and findings contained in the Initial Study, Staff Reports, Minutes, and records of the proceedings, which are all attached hereto by reference, the Planning Commission hereby adopts the Mitigated Negative Declaration making certain environmental findings in association with Environmental Assessment No 680 to allow the continual remedial grading pursuant to a specific grading plan within the Portuguese Bend Club, which is necessary for the maintenance of Yacht Harbor Drive and the protection of several homes from the active Portuguese Bend landslide, subject to the mitigation measures contained in the attached Exhibit "A"- Mitigation Measures and Exhibit "B" - Mitigation Monitoring Program, which contain the mitigation measures necessary to protect the public health, safety, and welfare P C Resolution No 96-4 Page 6 of 8 • PASSED, APPROVED AND ADOPTED this 23rd day of January 1996 by the following vote AYES. Commissioners Albeno, Cartwright, Franklin, Ng, Whiteneck, Vice Chair Vannorsdall, and Chairman Clark NOES- NONE ABSTENTIONS. NONE ABSENT NONE - - �' P. (p. Lawrence E Clark, Chairman Bret B.er rd, Al P Directo of lannm ,Building and Code Enforcement, and Secretary to the Commission P C Resolution No 96-4 Page 7 of 8 EXHIBIT "A" MITIGATION MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 680 "PORTUGUESE BEND BEACH CLUB GRADING" 1) Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building, and Code Enforcement, that the dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements which require watering for the control of dust 2) The project applicant shall comply with all applicable rules and regulations of the SCAQMD including regulation XV and applicable AQMP control measures as they are implemented. 3) A drainage plan shall be submitted for all sites affected by the grading activity to the City Engineer for review and approval, prior to the issuance of a Grading Permit 4) The hours of construction shall be limited to 7.00 a m to 7,00 p m , or from dawn to dusk (whichever is greater) Monday through Saturday No construction shall be permitted on Sunday or on legal holidays 5) All mechanical construction equipment shall be kept well tuned and, where possible, shall be equipped with muffler devices M IUSERS\FABIOD=PWIN60\RESQLUTN\EA680RE WPD P C ResolutionNo 9! Page i of 8 Remedial Grading Project Mitigation Monitoring Program January 23, 1996 ✓ Environmental Assessment No. 680 ✓ Coastal Permit No. 77 -Revision ✓ Grading Permit No. 1315 -Revision 0 0 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 4 III. Mitigation Monitoring Program Checklist 5 IV. Mitigation Monitoring Summary Table .6 Page 1 of 6 • PURPOSE I INTRODUCTION 0 - This Mitigation Monitoring Program (MMP), for the continued remedial grading activity within the Portuguese Bend Beach Club 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 " Page 2of6 0 6 II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM The MMP for the project will be in place through all phases of the project. 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. 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. 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. 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. Page 3 of 6 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. 0 J; III MITIGATION MONITORING PROGRAM CHECKLIST This section provides the MMP Checklist for Coastal Permit No. 77 -Revision and Grading Permit No. 1315 -Revision as approved by the Planning Commission of the City of Rancho Palos Verdes on January 9, 1996. Any mitigation measures or portions of mitigation measures that have been changed from those presented in the Initial Study/Mitigated Negative Declaration are shown with underline (new text) and/or strikeouts (old text) The changes made during the public review process and approved by the Planning Commission 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. 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 Page 5 of 6 MITIGATION MONITORING PROGRAM - COASTAL PERMIT NO 77 -REVISION & GRADING PERMIT NO 1315 -REVISION MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION . .. . . ... ... ..... ......... .. .. ............ ............... .. .. ........... .. .... . .. .. ... ......... ........ -.- .................................... ......... . ......... ............ . .. ... ..... . ....... ......... ......... ... ....... . ..... . . .. ....... - ....... ............ .......... Prior to the issuance of grading permit, the Operational Prior to the issuance of a Applicant applicant shall demonstrate to the Director of Grading Permit City Planning, Building, and Code Enforcement, that the dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements which require watering for the control of dust. Construction equipment shall be fitted with Operational During grading Applicant emission control devices (mufflers) and be kept in proper tune The project applicant shall comply with all Operational Prior to the issuance of a Applicant applicable rules and regulations of the SCAQMD Grading Permit including regulation XV and applicable AQMP control measures as they are implemented ... ....... .. ..... .................. .... . ...... ... . ....................... .... . .......... ...... . .... . .......... ... .. - ....... ........... WATE ................... ... ............ .. ... .... .. .. .. .... ... ........... . .. .......... .... ...... -- ... ....................... .. ....... .. . . . .............. ....... ........ . ....... ... ... .. ... ... ...... .. ........ ............ ...... .......... ..... ...... .. ..... .. ........ ................... ........... ..... . . - ....... .. .............................................. ............ A drainage plan shall be submitted to the City Operational Prior to the issuance of a Applicant Engineer for review and approval, prior to the Grading Permit City issuance of Grading Permit ..... ...... .. . .. . ........ . ...... ...... . . ......... ... .. ......... . . ... ...... . ......................... .. ..... ... . ... .. ... ................... ........... .... .. . .... .. .. .. . . . ..... ........ . ..... . .. The hours of construction shall be limited to 7.00 Construction During grading Applicant a.m to 7.00 p.m , or from dawn to dusk City (whichever is greater) Monday through Saturday No construction shall be permitted on Sunday or nn 1pnal hn10rJnV--q Page 6 of 6 1