PC RES 2015-019 P.C. RESOLUTION NO. 2015-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES ADOPTING ADDENDUM NO. 2 TO a MITIGATED NEGATIVE
DECLARATION, AND AMENDING CERTAIN CONDITIONS OF APPROVAL AT
THE 2ND COMPLIANCE REVIEW FOR CASE NO. ZON2010-00087, THE POINT
VIEW MASTER USE PLAN,LOCATED ON PROPERTY AT 6001 PALOS VERDES
DRIVE SOUTH (COMMONLY KNOWN AS THE POINT VIEW PROPERTY).
WHEREAS, on January 8, 2013, the Planning Commission adopted P.C. Resolution Nos.
2013-02 and 2013-03, thereby adopting a Mitigated Negative Declaration and conditionally
approving the Point View Master Use Plan(Case No.ZON2010-00087), on property located at 6001
Palos Verdes Drive South and commonly known as the Point View property. The Master Use Plan
includes 25.5-acres of agricultural uses; a 9-hole golf course and sand traps; a paved internal
driveway; and site improvements to host 30 public or private events per year on the"Event Garden"
within the 95-acre property known as the Point View property. As a condition of approval, the
Planning Commission required a compliance review after the first event conducted at the Event
Garden on the subject property; and,
WHEREAS, on March 25, 2014 and April 22, 2014, after conducting a duly noticed public
hearing, the Planning Commission conducted the 1st compliance review of the Point View Master
Use Plan CUP, at which time the Planning Commission approved certain modifications to the
approved project and conditions of approval. On April 22, 2014,the Planning Commission adopted
P.C. Resolution No. 2014-13, thereby adopting Addendum No. 1 to a Mitigated Negative
Declaration, and amending certain conditions of approval to allow up to 20"small"events in addition
to the 30 events originally allowed, eliminating a minimum requirement to allow non-profit
organizations, adding an additional 4,000 square feet of agricultural use adjacent to the "Event
Garden,"additional language to ensure that future improvements to the main driveway from PVDS
are approved by the Director, and ensuring that the gate at Narcissa Dr. remains closed when not in
use. Additionally, the Planning Commission required that an additional compliance review be
conducted after the first "small" event occurs on the property; and,
WHEREAS, on July 11, 2014, the first "small" even occurred at the Event Garden on the
subject property, making the 2nd compliance review to occur in January/February 2015. In early
2015, the applicant approached the City requesting that the Conditional Use Permit be revised by
the Planning Commission to eliminate the 20 "small" events, and allow a total of 60 events (large
and small) per calendar year with an extended event operation hour of 10:00 p.m. The applicant
requested that the revision occur as part of the 2nd compliance review; and,
WHEREAS, on October 8, 2015, the City mailed notices to a total of 82 property owners
located within a 500-foot radius from the subject property.Additionally, a public notice was published
in the Peninsula News on October 8, 2015. The City received a number of comment letters from the
public noting complaints related to noise impacts incurred by the operation of the events at the
Event Garden as a result of the public notice; and,
WHEREAS, on October 18, 2015, as a result of meeting with some of the concerned
residents, the applicant notified the City that they were withdrawing their request to revise the CUP
to increase the number of events and extend the operating time. Therefore, pursuant to Condition
No. 54(a) of P.C. Resolution No. 2014-13, the Planning Commission is only reviewing the project's
compliance with, and adequacy of, the conditions of approval previously imposed by the Planning
Commission; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on October 27,
2015, at which time all interested parties were given an opportunity to be heard and present
evidence; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Pursuant to Condition of Approval No. 6.a. of P.C. Resolution No. 2014-13,
the Planning Commission conducted a 2nd compliance review after the first"small"event occurred at
the Event Garden to review the operation of the event venue as if relates to the project's compliance
with, and the adequacy of, the conditions of approval imposed by the Planning Commission.
Section 2: Based on the 2nd compliance review,the Planning Commission finds that the
applicant complies with a majority of the conditions of approval associated with the approved Point
View Master Use Plan, which includes conditions associated with the operation (including hours),
lighting, and driveway access. However, as a result of the public notice, the Planning Commission
finds that residents are concerned with noise generated by the operation of the events garden,such
as music, microphone announcements, and cheering crowds during the scheduled events.
Additionally,the Planning Commission finds that the applicant has not complied with Condition No.
72,which requires the submittal of at least two technical noise reports that are to be prepared by an
acoustical professional and submitted on an annual basis to the City for review.As the applicant did
not provide these reports to the City,the Planning Commission is unable to unequivocally determine
if there are noise impacts beyond the levels that are reasonably acceptable within a residential
neighborhood.As such,the Planning Commission is requiring that the condition remain in place and
requests that the property owner work closely with Staff to ensure compliance with Condition No.72
for the upcoming 2016 events.
Section 3: As part of the compliance review,the Planning Commission may add,delete
or modify the Conditions of Approval pertinent to the Event Garden and the associated uses based
on evidence presented at the hearing that demonstrates that such changes are necessary and
appropriate to address impacts resulting from the Event Garden. Given that the Planning
Commission received a number of complaints related to the noise impacts incurred by residents
within the Portuguese Bend Club,the Planning Commission is hereby requiring an additional review
of the project conditions, particularly the operation of the Event Garden, to be conducted at the end
of the 2016 calendar year, and an indemnification clause be added to the conditions, as stated
below:
6.b. The Conditions of Approval contained herein shall be subject to additional
reviews and modifications, as deemed necessary and appropriate by the Planning
Commission at noticed public hearings to be held in May 2016 and in the fall of the
2016 calendar year. At the review hearing, the Planning Commission may add,
delete or modify any conditions of approval as deemed necessary and appropriate.
Notice of said review hearing shall be published and provided to owners of property
within a 500'radius from the entire projects boundary, to persons requesting notice,
to all affected homeowners associations, and to the property owner in accordance
with Rancho Palos Verdes Development Code Section 17.80.090. As part of the
2016 review, the Planning Commission may consider and review compliance with all
conditions of approval, and address any other concerns raised by Staff, the
Commission, the property owner and/or interested parties. If necessary, the Planning
Commission may impose more restrictive standards and conditions to mitigate any
impacts resulting from the review.
83. The applicant shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively"Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
annul, the action of, or any permit or approval issued by, the City and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof(including actions approved by the voters of the City), for or concerning the
project.
Section 4: Pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et. seq. ("CEQA"),the State's CEQA Guidelines, California Code
of Regulations, Title 14, Section 15000 et. seq.,the City's Local CEQA Guidelines,and Government
Code Section 65962.5(f) (Hazardous Waste and Substances Statement),the Planning Commission
found no evidence that the modifications to the conditions of approval to include an additional review
would have a significant effect on the environment and, therefore, the proposed project will not
introduce new significant environmental effects or substantially increase the severity of the
environmental impacts that previously were identified and analyzed in the certified MND.
Additionally,the project does not include changed circumstances or new information,which were not
known at the time the MND was certified, that would require the preparation of a subsequent
environmental analysis pursuant to CEQA Guidelines.Accordingly,Addendum No. 2(Exhibit'A')to
the MND is hereby adopted; and
Section 7: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 16.08.020, 17.60.060, 17.68.040(0)
and 17.76.040(H) of the Rancho Palos Verdes Municipal Code; any such appeal must be filed with
the City, in writing and with the appropriate appeal fee, no later than November 11, 2015.
Section 8: For the foregoing reasons and based on the information and findings included
in the Staff Report, Minutes and other records of proceedings,the Planning Commission of the City
of Rancho Palos Verdes hereby adopts Addendum No. 2 of a Mitigated Negative Declaration as
described in the attached Exhibit 'A', and approves the 2nd compliance review, subject to the
amended conditions of approval contained in the attached Exhibit'13', which is incorporated herein
by this reference.
PASSED,APPROVED,AND ADOPTED this 27th day of October 2015 by the following vote:
AYES: Commissioners Emenhiser, Gerstner, Vice Chairman Tomblin and
Chairman Nelson
NOES: Commissioners Cruikshank and James
ABSTENTIONS: None
ABSENT: None
RECUSALS: Commissioner Leon
,7'
Robert Nelson
Planning Commission Chairman
Air
Joel Ro.-
Com ► nit Develop /nt Director; and,
Secr:to t• the Plan n Commission
rY 9
EXHIBIT 'A' TO PC RESOLUTION 2015-19
ADDENDUM NO. 2
MITIGATED NEGATIVE DECLARATION (MND)
FOR THE POINT VIEW MASTER USE PLAN
(PLANNING CASE NO. ZON2010-00087)
Project Background: On January 8, 2013, the Planning Commission adopted P.C. Resolution
Nos. 2013-02 and 2013-03, adopting a Mitigated Negative Declaration and conditionally approving
the Point View Master Use Plan (Case No. ZON2010-00087), on property located at 6001 Palos
Verdes Drive South. The Master Use Plan includes 25.5-acres of agricultural uses; a 9-hole golf
course and sand traps; a paved internal driveway;and site improvements to host 30 public or private
events per year, on the "Event Garden" within the 95-acre property known as the Point View
property.
Prior to its adoption, on April 17, 2012 the City circulated the project's MND, and recirculated the
MND on November 16, 2012, to the California State Clearing House for a posting and comment
period of at least thirty days(as required by CEQA), and circulated to all appropriate public agencies
for comment. All comments received from persons and responsible agencies were addressed,and
the conditions and measures were incorporated to mitigate impacts resulting from the project. In
adopting the MND, the Planning Commission found: 1) that there would be no significant adverse
environmental impacts resulting from the development; and 2)that the impacts identified in the Initial
Study could be mitigated through incorporation of mitigation measures to reduce any adverse
impacts to adjacent properties, and therefore, upon the environment.
On April 22, 2014, the City's Planning Commission adopted P.C. Resolution No. 2014-13, thereby
adopting Addendum No. 1 to the approved Mitigated Negative Declaration, and approving certain
modifications to the approved Conditions of Approval to allow the following changes to the approved
project:
• Language to ensure that vehicular access to the Event Garden by patrons, event
attendees and any other members of the public is restricted from Narcissa Drive,and
the gate at the entry point along Narcissa Drive be required to remain closed when
not in use; and,
• A requirement that future maintenance, alterations, slurry sealing,etc.to the portion
of the main driveway access from Palos Verdes Drive South (PVDS) be reviewed
and approved by the Community Development Director prior to any future
applications in order to ensure that the finish of the driveway does not contrast with
the surrounding landscape and blends with the natural environment; and,
• The addition of up to 20 "small" events, which are defined as having less than 50
guests, no use of amplified sounds/music, and each small event would end b 8:00
pm. These "small" events were permitted in addition to the 30 events originally
allowed; and,
• The deletion of a condition that required a minimum of five (5) of the originally
permitted 30 events to be reserved for non-profit organizations or public agencies;
and,
• The addition of a 4,000 square foot vegetable garden in an area to the west of the
Event Garden area,which was not originally designated for agricultural use in CUP;
and,
• An additional compliance review of the CUP after the first"small" event occurs.
Proposed Amendments: As a result of the public comments received following the October 8,
2015 public notice for the 2nd compliance review of the Point View Master Use Plan, and as a result
of public testimony considered at the October 27, 2015 public hearing, the Planning Commission
proposes to amend the project's Conditions of Approval to include an additional (3rd) compliance
review of the project's operations at the end of the 2016 calendar year.
Purpose: This Addendum to the previously approved Mitigated Negative Declaration is being
prepared pursuant to Section 15164 of the California Environmental Quality Act(CEQA)Guidelines
which allows for the lead agency to prepare an addendum to an adopted Mitigated Negative
Declaration if only minor technical changes or additions are necessary or none of the conditions
described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration
have occurred. Pursuant to CEQA Section 15162, no subsequent Mitigated Negative Declaration
shall be prepared for the project unless the lead agency determines, on the basis of substantial
evidence in light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project that will required major revisions of the
previous Mitigated Negative Declaration due to the involvement of new, significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will required major revisions of the previous Mitigated Negative
Declaration due to the involvement of new significant environmental effects or a substantial
increase in the severity or previously identified significant effects; or,
3. New information of substantial importance identifies one or more significant effects not
discussed in the previous Mitigated Negative Declaration, significant effects previously
examined will be substantially more severe than shown in the previous Mitigated Negative
Declaration, mitigation measures or alternative previously found not to be feasible or not
analyzed in the Mitigated Negative Declaration would be feasible and would substantially
reduce one or more significant effects but the project proponents decline to adopt a measure
or alternative.
Findings Regarding the Proposed Project Revisions:
The Planning Commission has independently reviewed this item and determined that the proposed
modifications to the conditions of approval to include an additional annual review at the end of the
2016 calendar year does not constitute a substantial change in the approved Point View Master Use
Plan, and there have been no substantial changes to the approved project as a result of the 2nd
compliance review and modifications to the conditions of approval. Thus, the modifications will not
introduce new significant environmental effects or substantially increase the severity of the
environmental impacts that were previously identified and analyzed in the approved Mitigated
Negative Declaration. Further, no new information of substantial importance was submitted to the
City as a result of the 2nd compliance review, which was not previously known or could not have
been previously known at the time the previous Mitigated Negative Declaration was adopted that
shows: that there is one or more new, or substantially increased, significant impacts; that new
feasible mitigation measures or alternatives exist; or that new considerably different mitigation
measures are feasible to reduce the impacts.
Therefore, pursuant to CEQA, the Planning Commission finds that the proposed modifications are
within the scope of the previously approved Mitigated Negative Declaration that was prepared and
adopted in conjunction with the Point View Master Use Plan, which was approved by the Planning
Commission on January 8, 2013. As a result, no further environmental review is necessary other
than the adoption of this Addendum No. 2.
EXHIBIT `B' TO PC RESOLUTION 2015-19
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT & SITE PLAN REVIEW
(aka POINT VIEW MASTER USE PLAN)
(PLANNING CASE NO. ZON2010-00087)
General
1. This approval is for the Point View Master Plan, which includes the following components:
A. The expansion of agricultural uses on the property for up to 25.5-acres of orchards,
vineyards and gardens;
B. Development of an executive golf course, comprised of 5 tee locations with 9 holes;
C. Provision of a paved internal driveway through the property to connect the cook shack
area with Palos Verdes Drive South, and after-the-fact approval of a paved driveway
between Narcissa Drive and the cook shack area;
D. Improvements to the existing cook shack area of the property, which include a trellis
and fountain; and,
E. Up to 30 public or private events per year on the property.
2. Within ninety (90) days of this approval, the applicant and/or property owner shall submit
to the City a statement, in writing, that they have read, understand and agree to all
conditions of approval contained in this approval. Failure to provide said written statement
within ninety (90) days following the date of this approval shall render this approval null
and void.
3. Construction and implementation of the approved project shall substantially comply with
the plans originally stamped APPROVED; the mitigation measures, conditions and
development standards contained in PC Resolution No. 2013-02 and PC Resolution No.
2013-03; and, the Rancho Palos Verdes Development Code.
4. The Community Development Director is authorized to approve minor modifications to the
approved plans or any of the conditions if such modifications achieve substantially the
same results as would strict compliance with said plans and conditions. Otherwise, all
other modifications shall be subject to review and approval by the Planning Commission.
5. All mitigation measures contained in the approved Mitigation Monitoring and Reporting
Program (MMRP) contained in Resolution No. 2013-02 for the Mitigated Negative
Declaration (MND) shall be adhered to. The mitigation measures are repeated herein
under the appropriate subject heading, sometimes with clarifying language that may differ
from the MMRP. All costs associated with implementation of the Mitigation Monitoring
Program and the conditions contained herein shall be the responsibility of the property
owner, and/or any successors in interest.
6. The Conditions of Approval contained herein shall be subject to review and modification,
as deemed necessary and appropriate by the Planning Commission at a noticed public
hearing held 6-months after the first event on the subject property. At the review hearing,
the Planning Commission may add, delete or modify any conditions of approval as
deemed necessary and appropriate. Notice of said review hearing shall be published and
provided to owners of property within a 500' radius from the entire project's boundary, to
persons requesting notice, to all affected homeowners associations, and to the property
owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090.
As part of the 6-month review, the Planning Commission may consider and review
compliance with all the conditions of approval, assess any lighting and noise impacts, and
address any other concerns raised by Staff, the Commission and/or interested parties. If
necessary, the Planning Commission may impose more restrictive standards and
conditions to mitigate any impacts resulting from the review.
6.a. The Conditions of Approval contained herein shall be subject to an additional review and
modification, as deemed necessary and appropriate by the Planning Commission at a
noticed public hearing held 6-months after the first "small event" (as defined by condition
of approval no. 54.a, below) on the subject property. At the review hearing, the Planning
Commission may add, delete or modify any conditions of approval as deemed necessary
and appropriate. Notice of said review hearing shall be published and provided to owners
of property within a 500' radius from the entire project's boundary, to persons requesting
notice, to all affected homeowners associations, and to the property owner in accordance
with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 6-month
review, the Planning Commission may consider and review compliance with all the
conditions of approval, and address any other concerns raised by Staff, the Commission,
property owner and/or interested parties.
(Condition of Approval added by the Planning Commission on April 22, 2014)
6.b. The Conditions of Approval contained herein shall be subject to additional reviews and
modifications, as deemed necessary and appropriate by the Planning Commission at
noticed public hearings to be held in May 2016 and in the fall of the 2016 calendar year. At
the review hearing, the Planning Commission may add, delete or modify any conditions of
approval as deemed necessary and appropriate. Notice of said review hearing shall be
published and provided to owners of property within a 500' radius from the entire projects
boundary, to persons requesting notice, to all affected homeowners associations, and to
the property owner in accordance with Rancho Palos Verdes Development Code Section
17.80.090. As part of the 2016 review, the Planning Commission may consider and review
compliance with all conditions of approval, and address any other concerns raised by
Staff, the Commission, the property owner and/or interested parties. If necessary, the
Planning Commission may impose more restrictive standards and conditions to mitigate
any impacts resulting from the review.
(Condition of Approval added by the Planning Commission on October 27, 2015)
7. Permitted hours and days for all construction activity are 7:00 AM to 7:00 PM, Monday
through Saturday, with no construction activity permitted on Sundays or on the legal
holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code
without a special construction permit.
8. Prior to the issuance of any building and/or grading permit, or prior to planting any of the
orchards and vineyards (whichever occurs first), a Standard Urban Stormwater Mitigation
Plan (SUSMP), as required by the City of Rancho Palos Verdes Stormwater Planning
Program (Priority Development & Redevelopment Projects), shall be submitted for review
and approval by the City's NPDES consultant. The cost of the review by the City's
NPDES consultant shall be borne by the applicant. The SUSMP shall address all
components of the project, including the golf course, paved driveways, and agricultural
uses. [Mitigation Measure HYD-1 (Water Quality Impacts)]
9. As project construction would disturb one or more acres of soil, all grading activities shall
occur in accordance with the City of Rancho Palos Verdes Minimum Best Management
Practices (BMPs) for All Construction Sites (Form OC-1). As required by Form OC-1,
project construction shall occur in accordance with the National Pollutant Discharge
Elimination System (NPDES) and shall implement, at a minimum, sediment control, a wet
weather erosion control plan (WWECP), hillside BMPs, construction materials controls,
non-stormwater runoff controls, and erosion controls. Further, the project applicant shall
incorporate BMPs as established in the City-approved Standard Urban Stormwater
Mitigation Plan (SUSMP), as required by the City of Rancho Palos Verdes Stormwater
Planning Program (Priority Development & Redevelopment Projects). [Mitigation Measure
HYD-2 (Water Quality Impacts)]
10. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to
help control runoff from the project site during project construction activities.
11. No grading is allowed, with the exception of: a) tilling of the soil for the agricultural and
horticultural uses; and, b) the removal of the gravel and smoothing of the existing driveway
for the preparation of the all-weather driveway.
12. No signage is approved or permitted by this permit. However, the applicant shall post
signage that identifies the name and telephone number of a contact person that is
available during events for ensuring compliance with the conditions and mitigation
measures contained herein. The sign containing the contact information shall not exceed
4 square feet in area. Signs with the contact information shall be posted at visible
locations on the access gate at Palos Verdes Drive South and at the access gate at
Narcissa Drive. The signs shall be posted prior to the first event.
Agriculture
13. A maximum of 25.5-acres of agricultural uses are allowed on the subject property, which
includes a combination of avocado orchards, citrus orchards, vineyards, vegetable
gardens and olive orchards, in the locations shown on the plan approved by the Planning
Commission on January 8, 2013. Inclusive in the 25.5-acres of agricultural uses specified
in this condition, a 4,000 square foot vegetable garden may be located in an area to the
west of the Event Garden area as illustrated in the plans presented to the Planning
Commission on March 25, 2014.
(Condition of Approval modified by the Planning Commission on April 22, 2014)
14. All agricultural activity, including the picking of fruit, grapes, etc. and soil preparation
weeding, etc., shall be limited to the hours between 7:00am and 7:00pm, Monday thru
Sunday. Further, no mechanical equipment shall be used for any fruit picking activity.
15. The proposed project shall implement agricultural best-management practices (BMPs) in
accordance with the recommendations in Chapter 3 of the Sonoma County Agricultural
Commissioner's Office Best Management Practices for Agricultural Erosion and Sediment
Control. The "Cover Crop" BMPs (e.g., crop cover grass, straw mulch, and fiber rolls) shall
be sized so that the width of the BMPs is equivalent to the width of the area to be treated.
The "Crop Cover" BMPs shall cover the entire agricultural areas for the orchard and
vineyard portions of the project site. For each orchard or vineyard row, the downstream
row shall treat the upstream flow. The width of the "Cover Crop" BMPs for the downstream
row shall be an equal width to the upstream row that it is treating. The orchard or vineyard
row that is furthest downstream shall be treated by the "Cover Crop" BMP area that shall
extend the width of the orchard or vineyard row beyond that row, or a minimum of 20 feet if
the row separations are less than 20 feet apart. The "Cover Crop" shall also adhere to the
following recommendations:
• Thick cover crops should be established by October 15 and maintained throughout the
rainy season (until April 15).
• Broadcast crop cover seeding shall be completed in the fall. In order to have adequate
protection by the start of the rainy season (October 15), the seed should be planted by
mid-September. Initial irrigation will be required for most grasses with follow-up irrigation
and fertilization. The cover crop should look like a lawn by October 15 (for new plantings
and November 15 for replants) in order to provide adequate protection for the soil during
the first heavy rains.
• If the cover crop cannot be planted and irrigated by mid-September, then the seed may
be planted in October and covered with straw mulch applied at the rate of two tons per
acre (about 42 bales per acre). The straw should be applied to a point where the soil is
no longer visible.
• If rain is likely after the cover crop has been tilled and there is no perimeter erosion
control, straw mulch shall be used at the rate of two tons per acre (about 42 bales per
acre) in areas where cover crops are planted.
• Whenever possible, avoid tilling early in the spring or late in the fall.
• Minimize tillage practices, especially if slopes are greater than nominal (>5-10%) or if
soils are highly erodible.
• Do not till turn-around areas except for the infrequent need to reduce compaction. In this
case, promptly cover the soil with straw mulch and replant with a cover crop before the
rainy season.
• Avoid bringing equipment into the vineyard/orchard during the wet season. Close
seasonal roads to traffic and maintain permanent roads to prevent erosion.
• Keep on site extra erosion control materials such as straw bales or wattles, gravel or
geo-textile fabric and train vineyard/orchard crews in their proper installation.
• If necessary, provide Straw Mulch per California BMP Handbook BMP number EC-6.
• If soil is highly erosive, provide Fiber Rolls per California BMP Handbook BMP number
SE-5.
[Mitigation Measure HYD-7 (Water Quality Impacts from Agricultural Uses)]
16. All structural agricultural BMPs shall be accessible for inspection by City personnel during
regular business hours. Additionally, all maintenance shall be completed in accordance
with the Operations & Maintenance (O&M) for Combination of Cover Crop, Straw Mulch,
and Fiber Rolls for Agricultural Areas Including Vineyards and Orchards. [Mitigation
Measure HYD-8 (Water Quality Impacts from Agricultural Uses)]
17. All mechanized construction equipment operated at the project site shall be equipped with
the most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures.
All equipment shall be properly maintained to ensure that no additional noise, due to worn
or improperly maintained parts, would be generated. [Mitigation Measure NOISE-1
(Construction Noise Impacts)]
18. Construction vehicles, to the extent feasible, shall limit operations in areas of the site
proximate to residential uses. [Mitigation Measure NOISE-2 (Construction Noise Impacts)]
19. The operation of hand augers for the planting of crops shall not occur within 120 feet of
adjacent residential uses. [Mitigation Measure NOISE-3 (Construction Noise Impacts)]
20. Construction and on-going operational activities shall not result in the removal of coastal
sage scrub or disturbed coastal sage scrub as identified in the Biological Resources
Assessment published by Natural Resource Consultants, dated September 2003, and
updated by PCR Services in 2012. [Mitigation Measure 610-1 (Coastal California
Gnatcatcher Impacts)]
21. To the maximum extent practicable, all construction activities shall be conducted outside
of the coastal California gnatcatcher breeding season (February 15-August 30). Should
work be conducted or should new phases of construction begin within the breeding
season, three pre-construction surveys shall be conducted by a qualified and permitted
biologist within one week prior to initiation of each phase of construction activities and all
results forwarded to the US Fish and Wildlife Service (USFWS) and California Department
of Fish and Game (CDFG). [Mitigation Measure BIO-2 (Coastal California Gnatcatcher
Impacts)]
22. If during the pre-construction surveys, the coastal California gnatcatcher are found to
occur within 300 feet of construction activity areas, the survey biologist shall inform the
appropriate construction supervisor not to immediately commence such work in that area
and shall consult with the US Fish and Wildlife Service (USFWS) and California
Department of Fish and Game (CDFG) to determine if work shall commence or proceed
during the breeding season; and, if work may proceed, what specific measures shall be
taken to ensure coastal California gnatcatchers are not affected. [Mitigation Measure BIO-
3 (Coastal California Gnatcatcher Impacts)]
23. To the maximum extent practicable, all construction activities shall be conducted outside
of the white-tailed kite bird nesting season (February 1-August 31). [Mitigation Measure
BIO-4 (White-tailed Kite Impacts)]
24. Should work be conducted within the white-tailed kite breeding season, a preconstruction
nesting bird survey shall be conducted to ensure no impacts to white-tailed kite nests
occur with implementation of the proposed project. Should work be conducted within 500
feet of the active nest within the breeding season, the monitoring biologist shall consult
with the California Department of Fish and Game (CDFG) to determine if work shall
commence or proceed during the breeding season; and, if work may proceed, what
specific measures shall be taken to ensure the active nest is not affected. [Mitigation
Measure BIO-5 (White-tailed Kite Impacts)]
25. With respect to the cactus wren, to the maximum extent practicable, all construction
activities shall be conducted outside of the nesting bird season (February 1-August 31).
[Mitigation Measure BIO-6 (Cactus Wren Impacts)]
26. Should work be conducted within the cactus wren breeding season, in accordance with the
Migratory Bird Treaty Act (MBTA), a pre-construction nesting bird survey shall be
conducted to ensure no impacts to cactus wren nests occur with implementation of the
proposed project. Should construction work be conducted within 100 feet of the active
cactus wren nest within the breeding season, the monitoring biologist shall consult with the
California Department of Fish and Game (CDFG) to determine if work shall commence or
proceed during the breeding season; and, if work may proceed, what specific measures
should be taken to ensure the active nest is not affected. [Mitigation Measure BIO-7
(Cactus Wren Impacts)]
27. To the maximum extent practicable, all construction activities shall be conducted outside
of the Palos Verdes blue butterfly's flight period (January 15-April 15). [Mitigation
Measure BIO-8 (Palos Verdes Blue Butterfly Impacts)]
28. Should construction work be conducted within this period, any coastal sage scrub within
50 feet of the construction activity shall be surveyed for the presence of individual host
plants. If found, the host plants will be flagged and focused surveys for the butterfly shall
be conducted once a week as long as activities continue in the time period in accordance
with the approved survey protocol within all areas of suitable habitat. If the butterfly is
found, the monitoring biologist shall consult with the California Department of Fish and
Game (CDFG) to determine if work shall commence or proceed during the breeding
season; and, if work may proceed, what specific measures shall be taken to ensure the
butterflies are not affected. [Mitigation Measure BIO-9 (Palos Verdes Blue Butterfly
Impacts)]
29. On-site avocados and olives shall be raised organically and the project shall seek
continued certification (CCOF) by the California Certified Organic Farmers for the
proposed orchards in order to produce crops without using most conventional pesticides
and fertilizers made of synthetic ingredients or sewage sludge. All other crops i.e., grapes,
citrus, garden vegetables) shall be grown, to the extent possible, with reliance on the
same pesticides, fertilizers, and amendments as the avocados and olives. [Mitigation
Measure BIO-10 (Palos Verdes Blue Butterfly Impacts)]
30. At no time in the future shall the project, including agricultural activities, be expanded
beyond the limits shown in the approved site plan, and at no time shall the proposed
project result in any loss of existing coastal sage scrub. [Mitigation Measure BIO-11 (Non-
Native Grasslands Impacts)]
31. The 25.5-acres of agricultural uses may be planted in phases over an unspecified period
of time. As such, the owner shall submit a plan to the City prior to the planting of each
phase illustrating the locations and areas to be planted. The owner shall pay a mitigation
fee to the City equivalent to $20,000 per acre of lost non-native grassland prior to planting
of said areas. The Director shall monitor the amount of agricultural uses on the property to
ensure that not more than a total of 25.5-acres of agricultural uses are planted on the
subject property, and that no more than 9.78-acres of non-native grassland are lost. Thus,
a total cumulative mitigation fee of $97,800 shall be collected for the 4.89-acres of non-
native grassland impacts. [Mitigation Measure BIO-12 (Non-Native Grasslands Impacts)]
Golf Course
32. The golf course shall be comprised of a 2.5-acre area, located 500-feet west of the cook
shack/event garden area.
33. The golf course shall include the following:
• Two (2) greens that shall be irregularly shaped, and shall be limited to a maximum of
400 square feet each.
• The putting surface shall be artificial turf (pervious) over sand or dirt.
• Small sand bunkers (not more than 200 square feet) shall border the side of each green.
• Tees shall be generally located to the north, west, and east of the greens at a range of
25-150 yards from the greens.
• Five (5) tee locations, of which four shall be used to drive to each green, creating an
equivalent of 9 holes of play.
• Each tee shall be limited to an area of 4 feet by 4 feet, and shall be of pervious artificial
turf surface.
• No grading is allowed, and no habitat shall be disturbed or impacted.
34. The proposed golf course facility shall not include any grading, and the greens and tees
shall be constructed with artificial turf.
35. The golf course shall not be open to the general public. The golf course shall only be
made available to guests of the landowner or participants in any of the 30 approved
events on site.
36. The golf course shall not be operated as an independent commercial venture and no
green fees shall be collected.
37. Golf course play shall be limited to daylight hours only. No lights may be installed or used
in conjunction with the golf course.
Paved Driveways
38. Permitted hours and days of construction for the driveway shall be limited to the hours
between 7:00 AM and 7:00 PM, Monday through Saturday, with no such activities
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the
Rancho Palos Verdes Municipal Code without a special construction permit.
39. Subject to the satisfaction of the Community Development Director, the portion of the
paved internal driveway, between the existing driveway approach along PVDS and uphill
to where the property flattens, shall be paved with an earth-tone-colored surface material.
[Mitigation Measure AES-1(Driveway Impacts)]. Any future maintenance, alterations,
slurry sealing, or the like to the portion of the paved internal driveway described in this
condition of approval, shall be presented to the Community Development Director for
approval prior to its application to ensure that the finish of the driveway shall not contrast
with the surrounding area.
(Condition of Approval modified by the Planning Commission on April 22, 2014)
40. The City shall monitor any complaints regarding vehicle lights leaving the project site. If
these complaints are determined to be valid, the City shall require the applicant to plant
vegetation, or provide other methods of screening, as part of the 6-month review for the
project's Conditional Use Permit (CUP), and/or the Special Use Permit application process
for an event exceeding 300 guests. [Mitigation Measure AES-2 (Vehicle Headlight
Impacts)]
41. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of
an earth tone color approved by the Community Development Director prior to building
permit final.
42. To address trash, bacteria, and nutrients (identified by the City as pollutants of concern)
that may not be treated effectively by the proposed roadway Vegetated Buffer Strip,
institutional controls shall be implemented to guard against stormwater quality impacts.
These institutional controls shall include at a minimum, signage discouraging off-trail
usage and sweeping the roadway as needed to remove sediment and equestrian waste
from the roadway. To ensure that roadway sweeping occurs as frequently as needed, an
assessment of roadway and other circulation areas shall be made by the project applicant
after each event and during heavy agricultural usage. If warranted based on this
assessment, sweeping and trash removal in the affected areas shall be undertaken
immediately. [Mitigation Measure HYD-6 (Water Quality Impacts)]
43. Site surface drainage measures included in the project's geology and soils report shall be
implemented by the project developer during the life of the project.
44. In accordance with the project's operational Standard Urban Stormwater Mitigation Plan
(SUSMP), as prepared by Rothman Engineering, the proposed project shall implement a
Vegetated Buffer Strip (TC-31) along the length of the proposed driveway. This Vegetated
Buffer Strip will consist of approved vegetation for the length of the driveway with a
minimum width of 20 feet per the California BMP Handbook (BMP No. TC-31). Within the
Vegetated Buffer Strip, any bare soil shall be planted with approved vegetation to match
the existing vegetation. To ensure that these buffer strips can accommodate areas
upstream of the roadway (with the inclusion project's required agricultural BMPs), the
applicability of the buffer strips in these areas should be demonstrated prior to their
acceptance and implementation. [Mitigation Measure HYD-3 (Water Quality Impacts)]
45. In accordance with the proposed project's Standard Urban Stormwater Mitigation Plan
(SUSMP), as prepared by Rothman Engineering, the proposed internal driveway shall
include trench drains with catch basin filter inserts (KriStar FloGard LoPro Trench Drain
Model No. FG-TDOF6 or equal, subject to the approval of the City) to capture and treat all
runoff where the driveway's 1 percent cross-slope is not able to direct the runoff to the
vegetated buffer strip (i.e., at either ends of the proposed driveway). These trench drains
shall be located at each end of the proposed internal driveway, shall be stenciled with "No-
Dumping — Drains to Ocean", and shall outlet within the Vegetated Buffer Strip. [Mitigation
Measure HYD-4 (Water Quality Impacts)]
46. Prior to issuance of any building or grading permit, the City's NPDES consultant shall
review and approve the project to ensure that the project will comply with all applicable
requirements for the control and treatment of erosion and run-off from the project site.
47. All structural roadway BMPs shall be accessible for inspection by City personnel during
regular business hours. Additionally, all maintenance shall be completed in accordance
with the Operations & Maintenance (O&M) for Vegetated Buffer Strips or the O&M for
Filter Inserts. [Mitigation Measure HYD-5 (Water Quality Impacts)]
48. In the event that any extra soil results from the preparation process to pave the existing
gravel/dirt driveway, the excess soil shall not be spread throughout the site and shall be
exported from the project site via a haul route approved by the Director of Public Works.
49. Drainage from the driveway shall be directed away from Narcissa Drive.
50. Landscaping, walls or other site improvements at or near the project driveway at Palos
Verdes Drive South shall not obstruct a driver's clear line of sight, to the satisfaction of the
Director of Public Works.
51. The proposed Point View Internal Driveway shall be limited to right-turns in/right-turns out
only). [Mitigation Measure TRAF-1 (Driveway Impacts)]
52. The project's proposed internal driveway shall be striped so that the flow of driveway traffic
is perpendicular to the flow of traffic on Palos Verdes Drive South. [Mitigation Measure
TRAF-2 (Driveway Impacts)]
53. Low voltage solar lights, a maximum of 18-inches in height, shall be used to demarcate
the paved driveways on the property. Any change to the type of lighting shall be approved
by the Community Development Director prior to installation.
Cook Shack/Event Garden
54. A maximum of 30 events are allowed annually at the event garden area of the property.
An "event" counting towards the 30 event maximum cap is defined as any activity that
meets at least one of the following conditions:
(a) provides compensation to the property owner;
(b) has 20 or more persons in attendance; or,
(c) uses amplified sound.
(Condition modified by the Planning Commission on April 22, 2014)
54.a. In addition to the quantity and types of events allowed pursuant to
Condition of Approval No. 54 above, 20 "small events" are also allowed to occur
annually at the Event Garden area, solely for the use by Terranea Resort, by charity
organizations, or for private events held by the property owner. A "small event" is
defined as any activity that meets all of the following conditions:
> >
ii. Does not exceed 50 guests, and,
iii. Ends no later than 8:00 p.m. 9:30 p.m and all guests shall vacate the
property by 8:30 p.m. 10:00 p.m. Further, all workers associated with the
event shall vacate the property by 9:00 p.m. 10:00 p.m.
iv. Amplified sound is permitted for the 20 small events provided the
amplified sounds do not create significant noise impacts to surrounding
residential neighbors, and provided the noise levels remain within the
limitations established with the initial noise study of the approved
Mitigated Negative Declaration. Should any noise impacts occur, the 20
small events shall revert back to the original permitted hours (8:00 p.m.)
and no amplified sounds shall be permitted.
(Condition of Approval added by the Planning Commission on April 22, 2014)
(Condition of Approval amended by the Planning Commission on October 27, 2015
(Condition deleted by the Planning Commission on April 22, 2014)
56. Events shall include, fund raising and charity events, private parties, public and community
events, weddings and receptions, corporate parties, outdoor conferences, and educational
events.
57. Maximum attendance at any event shall be limited to 300 guests (not including event staff,
security/safety personnel, etc.). For any event that would generate over 300 people,
approval of a Special Use Permit (SUP) by the Community Development Department shall
be required in advance of the event.
58. On an annual basis, a report shall be submitted to the Community Development Director
by January 15 of each year, which lists all the events conducted during the previous
calendar year. The report shall include information regarding each event, the purpose of
each event, the number of attendees, and the group/organization/person(s) that hosted
each event.
59. The serving and/or consumption of alcohol at events shall be in accordance with any
licensing requirements of the California Department of Alcoholic Beverage Control.
60. Vehicular access to the cook shack/event garden area from Narcissa Drive by patrons,
event attendees, and any other members of the general public is prohibited. The gate at
the entry point along Narcissa Drive shall remain closed when not in use.
(Condition of Approval modified by the Planning Commission on April 22, 2014)
61. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the
Rancho Palos Verdes Development Code.
62. Prior to any Building Permit issuance or prior to the first event (whichever occurs first), the
applicant shall submit a final site lighting plan prepared by a lighting consultant, for the
review and approval of the Community Development Director. The lighting plan shall
include the location, height, number of lights, foot candles by area and, estimates of
maximum illumination on site with no spill/glare at the property line. The lighting plan shall
also demonstrate that all lighting fixtures on the buildings and throughout the entire project
site shall be designed and installed so as to contain light on the subject property and not
spill over or be directed toward adjacent properties or public rights-of-way. The light
source on each fixture shall be shielded such that the light source is not visible from the
public rights-of-way or adjacent properties.
63. Installation of temporary ambient lighting is allowed, as needed for individual events. Such
lighting shall be removed within 24 hours after the conclusion of the event.
64. When necessary, temporary down lights will be installed in the food preparation area
(outside the wall in the patio/barbeque area). These lights will be used for food
preparation and clean-up, and shall be turned off within 1-hour after the event or by 11:00
pm, whichever is earlier.
65. No one light fixture shall exceed 1,200 watts, and the light source shall not be directed
toward or result in direct illumination of an adjacent parcel of property or properties other
than upon which such light source is physically located. All exterior lighting shall be
arranged and shielded so as to prevent direct illumination of abutting properties and to
prevent distraction of drivers of vehicles on public rights-of-way.
66. No outdoor lighting shall be permitted where the light source or fixture, if located on a
building, is above the line of the eaves.
67. The applicant shall treat the face of the existing pony wall to reduce the reflection off of the
wall and back towards the residential area as shown in Figure B-2. The wall shall be
covered with either a permanent or temporary sound absorption panel or blanket prior to
any event authorized by the CUP. The sound absorption panel or blanket shall have a
Noise Reduction Coefficient (NRC) of 0.75 or greater. The sound absorption panel or
blanket sound data shall be submitted to the Community Development Director.
[Mitigation Measure NOISE-4 (Operational Noise Impact]
68. Prior to the start of each on-site event, any disc jockey using amplified sound and/or
musicians performing at the project site shall execute an entertainment agreement with the
applicant. This entertainment agreement shall stipulate that, at a minimum:
• All amplified performers shall be approved by the landowner or designated
representative.
• All DJs/musicians shall utilize the landowner's sound system, which include the
decorative "rock" speakers and other on-site fixed speakers, and the pair of QSC-8
stand-mounted sound-minimizing speakers (or similar). The performer shall use all
pre-approved settings and speaker direction.
• Within the event garden portion of the landscaped patio/event garden area, the
stand-mounted movable speakers shall be oriented towards the existing pony wall
and the top of the speakers shall be no higher than 5 feet above the ground.
• The stand-mounted, sound-minimizing speakers (QSC-8 or similar) shall be tilted
downward at 7.5 degrees and be directed away from the Portuguese Bend
community.
• The volume of movable speakers should be set no greater than 6 at the volume
controller of the speakers.
• DJs shall locate equipment per the landowner's instructions.
• All amplified sound and/or musicians shall be limited to the hours when events are
permitted.
• DJs and/or musicians shall calibrate sound equipment or musical instruments for low
bass and for volumes not to exceed 86 db (a volume setting of 6) at the source.
• Musicians shall utilize low-volume instruments, including but not limited to: acoustic
instruments; string instruments (e.g., guitar, banjo, etc.); harp; violin, cello, or similar;
string quartet (e.g., trio, duo, etc.); woodwinds (e.g., flute, clarinets, etc.); piano;
accordion; tambourine; and singer(s)/choir. No drums shall be used.
• The landowner shall retain the right to terminate any amplified music and/or
musicians who do not meet the specific performance criteria established in the
entertainment agreement. Performers shall be notified that if the terms of the
entertainment agreement are violated, that the security deposit will be forfeited and
the performers shall vacate the property immediately.
[Mitigation Measure NOISE-5 (Operational Noise Impacts)]
69. Event activities at the ceremony lawn area shall not be allowed after 6:00 P.M. and shall
not include amplified music. [Mitigation Measure NOISE-6 (Operational Noise Impacts)]
70. All events shall end no later than 9:30 p.m. and all guests shall vacate the property by 10
p.m. Further, all workers associated with the event shall vacate the property by 10:30 p.m.
71. The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be
prohibited during all events.
72. A review shall be conducted by the landowner to evaluate the effectiveness of event-
related noise mitigation measures twice a year with a report of said evaluation submitted
to the Community Development Department for review and consideration. The review shall
include the results of monitoring by an acoustical consultant approved by the City of noise
levels from one or more events expected to have the highest attendance levels (at or near
300 persons) that also include music. The report shall document compliance with the
event-related noise thresholds in the Mitigated Negative Declaration. If the City finds that
noise from an event has resulted in the exceedance of any event-related noise
threshold(s), the City shall require further restrictions on events, including event size,
location and operational characteristics. After two years, if the reporting and review
process demonstrates on-going compliance to the City's satisfaction, the City may elect to
terminate or modify the reporting and review process. [Mitigation Measure NOISE-7
(Operational Noise Impacts)]
73. At least 30-days prior to the first event, the applicant shall request that the Director or
his/her designee conduct an inspection of the site to ensure that there is no spill-over of
light onto adjacent properties or cause a negative impact to adjacent properties or public
rights-of-way and that the light sources on each fixture is appropriately shielded such that
the light source is not visible from the public rights-of-way or adjacent properties. Upon
determination by the Director that any installed lighting creates an impact, the property
owner shall modify said lighting to the satisfaction of the Director prior to the event.
Cultural Resources (MMRP)
74. Prior to the construction of any component of the proposed project, a qualified
archaeologist/paleontologist shall be consulted to investigate the potential to preserve in-
place Archaeological Sites CA-LAN-1019 and CA-LA-2485 and their associated artifacts
within those areas. Such avoidance measure considerations may include relocation or
redesign of these two project components, archaeological site burial, vegetation cover of
archaeological sites, public access restrictions to archaeological sites, and/or signage.
[Mitigation Measure CULT-1 (Archaeological Site Impacts)]
75. Should preservation of any of these sites (CA-LAN-1019 and CA-LAN-2485) or other
discovered sites be determined infeasible by the qualified archaeologist/paleontologist, a
Phase III Data Recovery (salvage excavation) program shall be completed at each of the
sites directly impacted by the proposed project. The salvage excavation program would be
completed by conducting controlled archaeological excavations to extract any materials or
data prior to the start of development. Any archaeological data recovery excavations within
these sites shall be focused on areas that will be directly impacted by the proposed
project. As such, data recovery excavations shall not be necessary in areas that would not
be directly impacted. A Data Recovery Plan (DRP) for controlled scientific excavation and
data retrieval should be developed by a qualified archaeologist. The purpose of
archaeological data recovery is to gather, through excavation and analysis, the information
that made each site significant. The DRP is a research design that outlines the
documentary research, field objectives, laboratory analysis, and reporting. The DRP
should include the following: a summary of the site, as determined from the Phase I and
Phase II investigations; a discussion of the categories of data present on the site that
contributed to the determination of significance (e.g., specific artifact categories, features,
structural remains, specialized remains such as faunal, etc.); a presentation of background
information from the literature that outlines the research topics that will be addressed for
the excavation project; a discussion of the field techniques and sampling design needed to
recover the types of information that are addressed for the site; an analysis plan that
details the specific techniques (e.g., C-14 or other dating methods, botanical identification,
lithic and/or micro-wear analysis, geomorphological assessment, etc.) that will gather the
data to address the research objectives; procedures for handling human remains, if they
are found; plans for public outreach during and/or after excavation; plans for dissemination
of important results to lay and professional audiences; and plans for the curation of
artifacts and documents associated with the excavation project. The DRP should be
consistent with the OHP's Archaeological Resources Management Reports:
Recommended Contents and Format (1989), the Guidelines for Archaeological Research
Design (1991), and the Guidelines for the Curation of Archaeological Collections (1993).
Additionally, the DRP should be consistent with the Secretary of the Interior's Standards
and Guidelines for Archaeological Documentation. [Mitigation Measure CULT-2
(Archaeological Site Impacts)]
76. Due to the high probability of buried cultural materials or the potential for the Altamira
Shale to contain surface paleontological material within the project site, initial ground
disturbing activities shall be monitored by a qualified archaeologist/paleontologist. The
archaeologist/paleontologist shall have the authority to stop work if sensitive or potentially
significant cultural remains, or paleontological resources, are discovered during excavation
or ground disturbing activities, and develop a mitigation or avoidance strategy. [Mitigation
Measure CULT-3 (Archaeological Site Impacts)]
77. At the commencement of project construction, all workers associated with ground-
disturbing activities (particularly remedial grading and excavation) shall be given an
orientation regarding the possibility of exposing unexpected archaeological material,
cultural remains, or paleontological resources by a qualified by a qualified
archaeologist/paleontologist who satisfies the Secretary of Interior's Professional
Qualification Standards for Archaeology (prehistoric/historic archaeology), pursuant to 36
CFR 61. Workers shall be informed on the appearance of archaeological material and
fossils, and proper notification procedures by a qualified archaeologist/paleontologist. The
archaeologist/paleontologist shall also instruct the workers as to what steps are to be
taken if such a find is encountered. [Mitigation Measure CULT-4 (Archaeological Site
Impacts)]
78. If archaeological, paleontological, and/or cultural materials are discovered during ground
disturbing activity, work will stop in the immediate area and be redirected elsewhere until
the archaeologist/paleontologist has evaluated the situation and provided
recommendations. Upon such discoveries the archaeologist/paleontologist shall notify the
applicant and the City of Rancho Palos Verdes. The qualified archaeologist/archeologist
shall determine the discovery's significance and, if necessary, formulate a mitigation plan,
including avoidance alternatives, if feasible, to mitigate impacts. Work can only resume in
that area with the approval of the project archaeologist/paleontologist. Upon discovery of
prehistoric archaeological and/or cultural materials, or Native American remains, the
project archaeologist/paleontologist shall contact the City and indicate that a Native
American of Gabrielino descent be retained to observe and, as directed by the
archaeologist/paleontologist, assist in the identification of the resource or human remains.
The Native American monitor shall be retained by the applicant from a list of suitable
candidates from the Native American Heritage Commission. [Mitigation Measure CULT-5
(Archaeological Site Impacts)]
Geology and Soils (MMRP)
79. The proposed project shall limit irrigation and concentrated groundwater infiltration to the
maximum extent feasible to reduce or avoid potential effects on existing landslides. To
confirm that groundwater infiltration is being limited successfully, the applicant shall
develop and implement a detailed Vadose Zone Monitoring Program for irrigated areas of
the site within the footprint of Ancient Portuguese Bend Landslide Complex. Monitoring
soil moisture in the vadose zone would serve as a proxy and early warning for potential
changes in the saturated zone. Implementation of this monitoring program will allow for
ongoing evaluations of changes in degree of soil saturation within the upper soil layers.
Prior to commencing the proposed agricultural operations, the detailed Vadose Zone
Monitoring Plan shall be submitted by the property owner to the City for review and
approval by the appropriate consultant retained by the City. The monitoring plan shall, at
a minimum, establish the location, depth, and type of monitoring equipment, the frequency
of data gathering, and the existing soil moisture content. An effective monitoring program
shall require a period of baseline monitoring to establish seasonal trends. The cost of the
City's review of the monitoring plan shall be borne by the applicant.
As a performance standard, no increase in soil moisture as a result of irrigation should be
allowed at depths greater than 5 feet (60 inches) below ground surface unless a greater
depth is established in a technical report submitted by the applicant and approved by the
City. Changes in soil moisture below this depth may indicate that there is potential for
groundwater conditions at the site to be affected locally by the operation. In such instance,
irrigation should be suspended, and the City geologist shall evaluate conditions and
require corrective actions by the applicant if warranted, including permanent suspension of
irrigation in the area, or changes in the type, amount or frequency of irrigation.
Monitoring reports of the soil moisture shall be submitted to the City Geologist, a minimum
of once quarterly, with potential for adjustment by the City after a year of monitoring is
completed. Routine onsite monitoring may be carried out by on-site staff trained in the use
of the identified equipment. [Mitigation Measure GEO-1 (Landsliding Effects)]
80. With the exception of vehicle or pedestrian crossings, all water and irrigation lines within
the property shall be above ground to facilitate visual inspection. [Mitigation Measure
GEO-2 (Landsliding Effects)] Further, and leaks or breaks in the water and irrigation lines
shall be repaired immediately.
81. Prior to the issuance of a building permit by the City's Building Official, the applicant shall
obtain final approval of the grading and construction plans from the City's geotechnical
consultant. This review shall include analysis of any potential impacts resulting from the
former landslide condition on the subject property. The applicant shall be responsible for
the preparation and submittal of all soil engineering and/or geology reports required by the
City's geotechnical consultant in order to grant such final approval.
Hazards and Hazardous Materials (MMRP)
82. Prior to approval of grading permits, the applicant shall obtain a statistically valid number
of soil samples from areas of the project site subject to ground-disturbing activities, but not
dedicated for agricultural uses. These samples shall be analyzed for the presence of
residual pesticides. If significant concentrations of pesticides are found above California
Human Health screening levels, the site shall be further assessed and/or remediated in
accordance with regulatory requirements. [Mitigation Measure HAZ-1 (Residual
Pesticides)]
Indemnification
83. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions
and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
nature), and alternative dispute resolutions procedures (including, but not limited to
arbitrations, mediations, and other such procedures) (collectively "Actions"), brought
against the City, and/or any of its officials, officers, employees, agents,'departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any
of its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof(including actions approved by the voters of the City), for or concerning the project.