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CC RES 2016-003 RESOLUTION NO. 2016-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PLANNING CASE NO.ZON2015-00555(CODE AMENDMENT)FOR AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY(`T') TO ALLOW RESIDENTIAL DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA. WHEREAS, on March 3, 2015, the City Council considered a Code Amendment Initiation Request(CAIR)to create an exception category that would allow vacant undeveloped parcels within Zone 1 of the Landslide Moratorium Area to be developed with single-family residences. After considering the record and public testimony,the City Council directed Staff to bring back an item on a future agenda to allow the development of one(1)single-family residence per 25-acre lot through an exception category on properties located within Zone 1; and, WHEREAS, 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 City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Planning Case No. ZON2015-00555) would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for thirty (30) days between December 3, 2015 and January 11, 2016, and notice of that fact was given in the manner required by law; and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the City Council conducted a public hearing on January 19, 2016, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed revisions to Chapter 15.20 as set forth in the City Council Staff Report and Mitigated Negative Declaration; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence before the City Council prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that, with appropriate mitigation measures, the approval of Planning Case No. ZON2015-00555 (Code Amendment), would result in a significant adverse effect upon the environment. Section 2: Planning Case No. ZON2015-00555 for the Zone 1 Landslide Moratorium Ordinance Revisions is consistent with the Rancho Palos Verdes General Plan and with the underlying Residential, <1 DU/acre and Residential, 1-2 DU/acre land use designations,which will not be changed as a result of the approval of the proposed project. Section 3: With the appropriate mitigation measures, which require Neighborhood Compatibility Analysis for new residences; limitations on exterior illumination; imposition of City and regional restrictions upon fugitive dust control and construction vehicle emissions; preparation of biological surveys for properties identified as containing sensitive vegetation communities; protection of cultural resources during grading operations;completion of geotechnical analysis of any proposed 01203.0001/282860.1 grading and construction prior to building permit issuance; imposition of fire protection requirements upon the construction of all new structures in accordance with the City's most recently-adopted Building Code; control and treatment of site runoff both during and after construction; limitations on construction hours and haul routes; and connection of all new structures to the Abalone Cove Sewer System or other approved system, the proposed project will not have a significant impact on the environment. Section 4: Prior to development,the owner shall record a covenant agreement running with the land in a form approved by the City Attorney enforceable by City and (i) prohibiting future subdivision of said property, (ii) acknowledging that the City makes no representation as to the suitability of the land for development and assuming risk, and (iii) providing for trail dedication. Section 5: Based upon the foregoing findings, the adoption of the proposed Mitigated Negative Declaration is in the public interest. Section 6: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 7: For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record, in the proposed Mitigated Negative Declaration, and in the public comments received by the City Council, the City Council of the City of Rancho Palos Verdes hereby certifies that the Mitigated Negative Declaration has been prepared in compliance with CEQA and adopts the attached Mitigation Monitoring Program(Exhibit'A')associated with Planning Case No.ZON2015-00555 for a Code Amendment, thereby approving amendments to Chapter 15.20 (Moratorium on Land Use Permits) of the Rancho Palos Verdes Municipal Code to establish an exception category to allow residential development within the Landslide Moratorium Boundary Area of Zone 1. PASSED, APPROVED, AND ADOPTED this 19th day of January 2016. 2(z., ,t Ma Attest: /0fr4 /,, /, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2016-03 was duly and regularly passed and adopted by -- ,said City Council at a regular meeting thereof held on January 19, 2016. City Clerk 01203.0001/282860.1 Resolution No.2016-03 Page 2 of 2 Resolution No. 2016-03 Exhibit 'A' Mitigation Monitoring Program Project: Case No. ZON2015-00555 (Code Amendment& Environmental Assessment) Location: Two (2) Residential Lots in "Zone 1" of the Landslide Moratorium Area Rancho Palos Verdes, CA 90275 Applicant: City of Rancho Palos Verdes Landowners: York Point View Property(Parcel 1 in the Certificate of Compliance—Instrument No. 04- 2035438) and Plumtree PV Associates, LLC 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 4 IV. Mitigation Monitoring Summary Table 5 Mitigation Monitoring Program Exhibit A- Page 1 Resolution No. 2016-03 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP) is to allow the following project, located at within "Zone 1" of the City's Landslide Moratorium Area: The proposed "Zone 1 Landslide Moratorium Ordinance Revision"would create a new exception category in the City's Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal Code) to allow the residential development of any privately owned legal lots greater than 25 acres in area ("two(2)subject lots") located within in Zone 1 of the City's Landslide Moratorium Area. The proposed revision to the Landslide Moratorium Ordinance includes the addition of subsection T to Section 15.20.040 (Exceptions), described as follows: The construction of residential buildings, accessory structures, and grading totaling less than 1,000 cubic yards of combined cut and fill, and including no more than 50 cubic yards of imported fill material on the two lots in Zone 1 of the "landslide moratorium area"as outlined in yellow on the landslide moratorium map on file in the director's office; provided, that a Landslide Moratorium Exception Permit is approved by the director, and provided that the project complies with the criteria set forth in Section 15.20.050 (Landslide Mitigation Measures Required) of this chapter. Residential buildings and accessory structures shall not exceed a maximum combined total of up to 4,000 square feet(habitable and non-habitable area), including non-habitable structures such as garages, sheds, and barns, and shall be limited to a maximum of 25%lot coverage. Horse keeping is permitted up to a maximum of 4 horses per lot. Such projects shall qualify for a Landslide Moratorium Exception Permit only if all applicable requirements of this code are satisfied, and the parcel is served by a sanitary sewer system. Those who take advantage of this exception category shall agree to record a covenant on the subject property which would prohibit future subdivision of said property. Prior to issuance of a Landslide Moratorium Exception Permit, the applicant shall submit to the director any geological or geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed project will not aggravate the existing situation. Non-substantive revisions to the Landslide Moratorium Ordinance that are proposed include the addition of cross-references to the new subsection T and the map of Zone 1 in Sections 15.20.050 (Landslide Mitigation Measures Required), 15.20.060 (Application) and 15.20.110 (Required Connection to Operational Sanitary Sewer System). The MMP responds to Section 21081.6 of the Public Resources Code, which 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. Mitigation Monitoring Program Exhibit A- Page 2 Resolution No. 2016-03 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." II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design, pre-grading, construction, and operation. The City will have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of,filing requirements, and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of verification of compliance; the timing of verification; the department or agency responsible for implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP. The files shall be established, organized, and retained by the City of Rancho Palos Verdes Community Development Department. Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Community Development Director. 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 Program Exhibit A- Page 3 Resolution No. 2016-03 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, Community Development Director shall designate a party responsible for monitoring of the mitigation measures. 2. The City of Rancho Palos Verdes, Community Development Director shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of Rancho Palos Verdes, Community Development Director, 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 Community Development Director would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements. III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho Palos Verdes on January 19, 2016. Mitigation measures are listed in the order in which they appear in the Initial Study. * Types of measures are project design, construction, operational, or cumulative. * Time of Implementation indicates when the measure is to be implemented. * Responsible Entity indicates who is responsible for implementation. * Compliance Verification provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures. Mitigation Monitoring Program Exhibit A- Page 4 Resolution No. 2016-03 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 1. AESTHETICS AES-1: All new residences shall be subject to neighborhood compatibility analysis under the Community provisions of Section 17.02.030.B (Neighborhood Project Design Prior to Planning Approval Property Owner Development Compatibility) of the Rancho Palos Verdes Department Municipal Code. AES-2: All new residences will be limited to a Prior to BuildingPermitCommunity maximum square footage established by the City Project Design Property Owner Development Issuance p Council through the exception category. Department AES-3: All new residences shall be subject to the Development Standards established under the Prior to BuildingPermit Community Project Design Property Owner Development RS-1 Zoning District (Single-Family Residential), Issuance with a maximum net lot coverage of 25%. Department AES-4: All new residences and residential structures shall be subject to the following Prior to BuildingPermit Community Project Design Property Owner Development setbacks: Front = 20'; Rear = 15'; Department 10'; Interior Sides = 5'. p AES-5: Exterior illumination for new residences shall be subject to the provisions of Section Community 17.56.030(Outdoor Li htin for Residential Uses Project Design Ongoing Property Owner Development Lighting ) Department of the Rancho Palos Verdes Municipal Code. p AES-6: All residential lighting shall be fully shielded, and no outdoor lighting shall be permitted where the light source is directed toward Community or results in direct illumination of aparcel of Project Design Ongoing Property Owner Development Department property or properties other than that upon which such light source is physically located. 2. AIR QUALITY AIR-1: During construction, the applicant shall be responsible for the implementation of all Construction Prior to GradingPermit Community Property owner Development dust and erosion control measures required by the Issuance Department Building Official. p . AIR-2: Trucks and other construction vehicles shall not park, queue and/or idle at the Community project sites or in the adjoiningpublic or private Construction On-going Property owner Development p > p Department rights-of-way, and shall be in accordance with the Mitigation Monitoring Program Exhibit A- Page 5 Resolution No. 2016-03 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION permitted hours of construction stated in Section 17.56.020.B of the Rancho Palos Verdes Municipal Code. Mitigation Monitoring Program Exhibit A- Page 6 Resolution No. 2016-03 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 3. BIOLOGICAL RESOURCES BIO-1: For lots that are identified as containing sensitive habitat on the City's most- recent vegetation maps and/or that abut any portion of the current or proposed future boundary of the Palos Verdes Nature Preserve,the applicant shall be required to prepare a biological survey as a part of a complete application for the construction of a new, single-family residence. Said survey shall identify the presence or absence Community Construction and Prior to Building Permit of sensitive plant and animal species on the Post-Construction Final Property owner Development subject property, and shall quantify the direct and Department indirect impacts of the construction of the residence upon such species, including off-site habitat impacts as a result of Fire Department- mandated fuel modification. The applicant and/or any successors in interest to the subject property shall be required to mitigate such habitat loss through the payment of a mitigation fee to the City's Habitat Restoration Fund. 4. CULTURAL RESOURCES CUL-1: Prior to the issuance of a grading permit, the applicant shall consult with the South Central Prior to Grading Permit Community Coastal Information Center(SCCIC)regarding any Construction Property owner Development known archaeological sites on or within a half-mile Issuance Department radius of the subject property. CUL-2: Prior to the issuance of a grading permit, the applicant shall conduct a Phase 1 Community archaeological survey of the property. The survey Construction Prior to Grading Permit Property owner Development results shall be provided to the Director of Issuance Department Planning, Building and Code Enforcement for review prior to grading permit issuance. CUL-3: Prior to the commencement of grading, Community the applicant shall retain a qualified paleontologist Construction Prior to commencement of Property owner Development and archeologist to monitor grading and gradingDepartment excavation. In the event undetected buried cultural Mitigation Monitoring Program Exhibit A- Page 7 Resolution No. 2016-03 MITIGATION MEASURE TIME OF RESPONSIBLE COMPLIANCE S TYPE IMPLEMENTATION ENTITY VERIFICATION resources are encountered during gg radin and excavation, work shall be halted or diverted from the resource area and the archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. 5. GEOLOGY AND SOILS GEO-1: If required by the City geotechnical staff, the applicant shall submit a soils report, and/or a Prior to Building Permit Community geotechnical report,for the review and approval of Construction Issuance Property owner Development p pp Department the City geotechnical staff. p GEO-2: The applicant shall submit for recordation a covenant agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the Construction and Prior to Building Permit Community Director pursuant to the terms of Chapter 15.20 of Post-Construction Issuance Property owner Development the Rancho Palos Verdes Municipal Code. Such Department covenant shall be submitted to the Director for recordation prior to the issuance of a building permit. GEO-3: All other necessary permits and approvals required pursuant to the Rancho Palos Prior to Building Permit Community Verdes Municipal Code or anyother applicable Construction Issuance Property owner Development p pp Department statute, law or ordinance shall be obtained. p GEO-4: Prior to building permit issuance, the applicant shall prepare an erosion control plan for the review and approval of the Building Official. Prior to Building Permit Community shall be responsible for continuous Construction Issuance Property owner Development The applicantp Department and effective implementation of the erosion control p plan during project construction. Mitigation Monitoring Program Exhibit A- Page 8 Resolution No. 2016-03 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 6. HAZARDS AND HAZARDOUS MATERIALS HAZ-1: New,single-family residences and related accessory structures shall be designed to DuringBuilding &Safe Plan Community incorporate all fire protection requirements of the Project Design Property owner Development Check p City's most recently adopted Building Code,to the Department satisfaction of the Building Official. 7. HYDROLOGY/WATER QUALITY HYD-1: Any development proposal located within, adjacent to or draining into a designated Environmentally Sensitive Area(ESA)shall require Prior to BuildingPermit Community Project Design Property owner Development the review and approval by the City s LID Issuance Department Ordinance consultant prior to building permit p issuance. HYD-2: If lot drainage deficiencies are identified Construction and Prior to Building Permit Department of Public by the Director of Public Works, all such Property owner p deficiencies shall be corrected by theapplicant. Post-Construction Issuance Works HYD-3: Roof runoff from all buildings and structures on the site shall be contained and Construction and Prior to Building Permit Department of Public directed to the streets or an approved drainage Post-Construction Issuance Property owner pp 9 Works course. HYD-4: All landscaping irrigation systems shall be part of a water management system approved Prior to BuildingPermit Department of Public by the Director of Public Works. Irrigation for Post-Construction Property owner p landscaping shall bepermitted onlyas necessaryIssuance Works P g to maintain the yard and garden. 8. NOISE NOI-1: Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on Saturday,with no construction activity permitted on s or on the legal holidays specified in Community Sundays Construction On-Going Property owner Development Section 17.96.920 of the Rancho Palos Verdes Department Development Code. During demolition, p construction and/or grading operations, trucks shall not park,queue and/or idle at the project site or in the adjoining street rights-of-way before 7AM Mitigation Monitoring Program Exhibit A- Page 9 Resolution No. 2016-03 MITIGATION MEASURES TIME OF RESPONSIBLE COMPLIANCE TYPE IMPLEMENTATION ENTITY VERIFICATION Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so,the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. Mitigation Monitoring Program Exhibit A-Page 10 Resolution No. 2016-03 TIME OF RESPONSIBLE COMPLIANCE MITIGATION MEASURES TYPE IMPLEMENTATION ENTITY VERIFICATION 9. UTILITIES/SERVICE SYSTEMS UTL-6 Prior to issuance of any building permits, for either of the two lots ("Point View" or "Plumtree"), an Area Sewer Study shall be submitted to the Director of Public Works for review and approval that indicates adequate Community capacity in both the Abalone Cove Sewer System Prior to BuildingPermit Development and within the existing Sanitation District systems Project Design Issuance Property Owner Department& Department of Public exists. Should a connection to a sanitary De p sewer system not be available, an Works additional CEQA analysis shall be conducted to assess use and maintenance of waste holding tanks. Mitigation Monitoring Program Exhibit A- Page 11 Resolution No. 2016-03