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CC SR 20160119 01 - Zone 1 Code AmendmentCITY OF RANCHO PALOS VERDES PUBLIC HEARING Date: January 19, 2016 Subject: CODE AMENDMENT 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 ZONE 1 OF THE LANDSLIDE MORATORIUM AREA OF (CASE NO. ZON2015-00555). Subject Property: Citywide (Zone 1 Moratorium Area) 1. Report of Notice Given: City Clerk Morreale 2. Declare the Hearing Open: Mayor 3. Staff Report & Recommendation: Leza Mikhail, Senior Planner 4. Public Testimony: Appellant: N/A Applicant: City 5. Council Questions: 6. Rebuttal: 7. Council Deliberation: 8. Declare Hearing Closed: Mayor 9. Council Action: Public Hearing Cover Page 1 CITY OF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: JOEL ROJAS, COMMUNITY DEVE O ENT DIRECTOR DATE: JANUARY 19, 2016 SUBJECT: CODE AMENDMENT 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 ZONE 1 OF THE LANDSLIDE MORATORIUM AREA (CASE NO. ZON2015-00555). REVIEWED: DOUG WILLMORE, CITY MANAGER -% Project Manager: Leza Mikhail, Senior Planner RECOMMENDATION 1) Adopt Resolution No. 2016-_, thereby certifying a Mitigated Negative Declaration pursuant to the California Environmental Quality Act and determining that no significant environmental impacts would result with the adoption of appropriate mitigation measures for the proposed Zone 1 Code Amendment; and, 2) Introduce Ordinance No. , thereby amending Chapter 15.20 (Moratorium on Land Use Permits) of the Rancho Palos Verdes Municipal Code to establish "Landslide Moratorium Exception Category 7 to allow the residential development of any privately -owned legal lot that is greater than 25 acres in area located within the Zone 1 of the Landslide Moratorium Area FISCAL IMPACT There will be no fiscal impact as a result of enacting the Zone 1 Code Amendment since the Staff time to process any applications for new residential development projects will be offset by permit processing fees, and the future proposals to develop such lots would be subject to planning and permit fees adopted by Resolution by the City Council. 2 BACKGROUND At the March 3, 2015, City Council meeting, the City Council considered a Code Amendment Initiation Request (CAIR) (Staff report and minutes attached) to create an exception category that would allow vacant undeveloped parcels within Zone 1 of the Landslide Moratorium Area (LMA) to be developed with single-family residences. The City Council heard a report from one of the property owners within Zone 1 (Richard Riordan), the City Geologist and Staff regarding the development of one of the lots within Zone 1. After considering the information presented and hearing input from the public, the City Council directed Staff to bring back an item on a future agenda to allow the development of one (1) single-family residence through an exception category for properties located within Zone 1, with notification of the proposal provided to surrounding property owners. Pursuant to City Council direction, Staff is now presenting a Mitigated Negative Declaration (MND) and draft Ordinance to the City Council that would amend Chapter 15.20 (Moratorium on Land Use Permits) of the City's Municipal Code to create a new moratorium exception category to allow planning applications to be processed for residential development of any privately owned legal lot that is greater than 25 acres in area (i.e., the "two (2) subject lots" referred to below) located within Zone 1 of the LMA. DISCUSSION On May 26, 1993, Dr. Perry Ehlig prepared a memo (attached) that proposed to divide the City's LMA into eight (8) different zones. Since 1993, the City has used this document to reference areas throughout the moratorium area. The subject code amendment pertains to the area commonly referred to as "Zone 1" in Dr. Ehlig's memo, which he described as "un - subdivided land unaffected by large historic landslides and located uphill or to the west of subdivided areas." The project site that is the subject of this code amendment is described in further detail in the Initial Study/MND that is attached to this report for the City Council's review. The City's Landslide Moratorium Ordinance currently prevents the "filing, processing, approval or issuance of building, grading or other permits" in the LMA unless expressly allowed by a series of exceptions cited in the Ordinance. Typically, the only vacant properties that are permitted to submit applications for development are the vacant lots that are commonly known as "the Monks plaintiffs' lots," which are subject to a court ruling requiring the City to allow development on sixteen (16) specific lots within Zone 2 of the LMA. The current moratorium does not permit the submittal of development applications on any other vacant lots within the LMA, including areas within Zone 1. For the reasons described in the March 3, 2015, Staff report and as outlined in the attached MND, Staff recommends that the City Council amend Chapter 15.20 of the Landslide Moratorium Ordinance to create a new exception category that would allow the residential development of any privately owned legal lot that is greater than 25 acres in area located within Zone 2 of the LMA. There are only two (2) subject lots that could potentially take advantage of the proposed exception category: 1) 6001 Palos Verdes Drive South, commonly referred to as the "Point View Property" (APN Nos. 7572-012-029, 7572-012-028, 7572-012- 024, 7573-003-016, and 7510-023-035), and 2) a large vacant property located north of the Point View Property, which is commonly referred to as the "Plumtree Property" (APN 7581- 023-037). It should be noted that a portion of the "Point View Property" extends beyond the 3 LMA boundary, as depicted in the attached map. Thus, for this lot, the current moratorium and this proposed code amendment would only apply to the portion of the lot within the LMA, as depicted on the City's official LMA on file in the Community Development Department. As noted in the March 3, 2015, City Council Staff report, Staff recommended that the City Council initiate this code amendment to permit a maximum residence size of 4,000 square feet, which is consistent with the maximum square footage allowance described in the Zone 2 EIR, and is what was presented to the City Council on March 3, 2015. However, given the large size of the Plumtree Property (29 acres in area), its owner requested that he be permitted to construct a residence and associated structures up to a maximum of 8,000 square feet. In order to assess the worst -case -scenario under the California Environmental Quality Act (CEQA) analysis, Staff analyzed the project assuming the construction of a maximum of 8,000 square feet of residential structures on each subject lot; however Staff still recommends limiting the maximum square footage to 4,000 square feet per lot. It is important to note, however that if the City Council does not agree with Staff's recommendation, it can approve a maximum square footage up to 8,000 square feet per lot, as analyzed in the Initial Study/MND. In addition to limiting the maximum square footage for each subject lot, the new exception category would also allow a maximum of 1,000 cubic yards of grading to accommodate the construction of a new residence. Staff recommends limiting the lot coverage to 25%, which is the maximum lot coverage allowed in the RS -1 zoning district (the underlying zoning for these two properties). Since these properties are located within the City's Equestrian (Q) District, Staff also recommends adding language to restrict the number of horses permitted per lot to four (4), to be consistent with the City's existing horse -keeping code (RPVMC Section 17.46.020.A). The proposed exception category would require the submittal and approval of a Landslide Moratorium Exception Permit to the City, which includes the submittal and approval of a geological or geotechnical study, demonstrating to the satisfaction of the City Geologist, that the proposed project will not aggravate the existing landslide situation. Additionally, the exception category could only be applied if the subject lot is served by a sanitary sewer system. Lastly, in order to avoid any confusion with successive owners of these properties, Staff recommends provisions requiring that a covenant be recorded against the property that prohibits future subdivision of land located within the LMA only. The purpose of the covenant is to ensure that the current and/or successive property owners are aware that the exception category was applied for the development of the lot, and that subdivision is prohibited while the landslide moratorium remains in effect. This covenant would run with the land and would be tied to the lot's title. Proposed Ordinance Provided below is the proposed code amendment language to add Category "T" category to the City's Landslide Moratorium Ordinance. 15.20.040 Exceptions. The moratorium shall not be applicable to any of the following: El T. 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. In addition to the language listed above, cross-references to this new exception category would be added in Sections 15.20.050 (Landslide Mitigation Measures Required) and Section 15.20.060 (Application). Additionally, a reference to the subject section as outlined in "yellow" on the City's LMA map would be amended in Section 15.20.110 (Required connection to operational sanitary sewer systems). The relevant code sections have been amended in the attached Draft Ordinance. ADDITIONAL INFORMATION CEQA Compliance In accordance with the provisions of the CEQA, Staff prepared an Initial Study of the project's environmental impacts (see attached Environmental Checklist Form). As a result of the Initial Study, Staff determined that the proposed project could have a significant effect on the environment; however with certain mitigation measures imposed, potential impacts could be mitigated to a less -than -significant level. As a result, an MND was prepared and circulated on December 3, 2015, for a posting period of at least thirty (30) days (ending on January 11, 2016) to all applicable public agencies. A public notice was also mailed to all property owners located within a 500 -foot radius of the subject properties and published in the Peninsula News on December 3, 2015. Staff received comment letters in response to this public notification, which are attached to this Staff report. As identified in the Initial Study, the Zone 1 Code Amendment will not result in or create any significant impacts, or will have a less -than -significant impact with respect to Greenhouse Gas Emissions, Hazards and Hazardous Materials, Land Use Planning, Population and Housing, Public Services, Recreation, and Transportation/Traffic. Potential impacts to the surrounding environment were identified, but could be mitigated to a less -than -significant level with respect to Aesthetics, Agricultural Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Noise, and Utilities and Service Systems. The relevant mitigation measures are identified in the MND and Mitigation Monitoring Program. l As such, Staff has concluded that a MND with a Mitigation Monitoring Program should be approved for this project since the Zone 1 Code Amendment will not result in or create any significant environmental impacts that cannot be mitigated to a less -than -significant level. Public Comments As a result of the public notice, Staff received four (4) comment letters, including a comment letter from the Los Angeles County Fire Department, a property owner from the Portuguese Bend Community Association (PBCA), the owner of the Point View Property; and an attorney representing the PBCA. These letters are attached for the City Council's review. Fire Department The comment letter from the Los Angeles County Fire Department noted receipt of the Initial Study/MND. After reviewing the study, the Fire Department noted that they do not have any comments at this time, as the project does not include a request for construction of structures at this time. As such, the proposed code amendment will not create a significant impact to the Fire Department's Land Development Unit at this time; however future construction applications will require Fire Department review prior to the issuance of any building permits. Point View Property Owner The owner of the Point View Property submitted comments in support of the proposed code amendment. Staff concurs with the property owner's clarification that the code amendment only applies to the portion of his property that is located within the LMA. The owner requests that square footage be permitted up to 8,000 square feet, not including accessory structures or second dwelling units, given the large size of the property (94 acres). As noted above, Staff recommends allowing a maximum of 4,000 square feet permit subject lot, including accessory structures and/or second dwelling units; however the City Council can consider up to the 8,000 square foot limit assessed in the CEQA analysis. The owner of the Point View Property also requests that a covenant prohibiting subdivision be eliminated, as the existing Landslide Moratorium Ordinance prohibits the filing of tentative maps or parcels maps within the LMA. While Staff agrees that the existing moratorium ordinance prohibits subdivision, Staff proposes the covenant to address concerns raised by the public at the March 3, 2015, City Council meeting. Any covenant that is executed would include language noting that the covenant would be extinguished if the moratorium on subdivision is lifted by a future City Council. With regard to the underlying zoning of the Point View Property, the owner asserts that the portions of the property within the LMA are only zoned RS -1, and not dual -zoned RS -1 and RS -2. Staff agrees that the portions of the Point View Property that are within the LMA are zoned RS -1, however the property in its entirety is dual zoned and properly identified as such in the Initial Study/MND. Lastly, the owner requests the elimination of two mitigation measures: AES -1 and UTL-6. Mitigation Measure AES -1 requires an application for development to go through the City's Neighborhood Compatibility process. The property owner "strenuously objects" to this requirement on the basis that his property is not part of any existing neighborhood. The City's Al • Development Code requires that any new residence (and/or applicable accessory structures) be analyzed for compatibility with the surrounding neighborhood to ensure that all proposed developments do not create bulk, mass or scale impacts upon neighboring properties within the same zoning district. With regard to eliminating Mitigation Measure UTL-6, which requires connection to the Abalone Cove Sewer System, Staff respectfully disagrees with the property owner. Unless the property owner provides proof that he is able to connect to a different sewer system, he will need to submit studies that prove that the Abalone Cove Sewer System can handle the capacity of adding one or two more residences. This is because the original study that was prepared for the Abalone Cove Sewer System did not account for the future development of homes on the Point View or Plumtree properties. Therefore, Staff recommends retaining this mitigation measure. Portuguese Bend Community Association The comments from a PBCA property owner and an attorney for the PBCA request that the property owners who take advantage of the new exception category be prohibited from using private PBCA roads for construction purposes; reduce the square footage allowed to be consistent with the PBCA rules (i.e., 4,000 square feet), prepare an Environmental Impact Report (EIR) for the use of holding tanks; and require and secure a trail easement for public use across each property. Each of these issues of concern are addressed below: As noted above, Staff recommends that the City Council approve a maximum square footage of 4,000 square feet per lot, including all accessory structures and second dwelling units. This is consistent with the maximum square footage assumption analyzed in the Zone 2 EIR to allow the development of vacant lots within Zone 2 of the LMA. While the Point View Property already has access to a public street (Palos Verdes Drive South), the Plumtree property would need access through the PBCA, or through an agreement with the owner of the Point View Property to access Palos Verdes Drive South. If the Plumtree property owner utilizes the PBCA access, they will be subject to the PBCA CC&R's, which restrict the square footage of residences to approximately 4,000 square feet. Furthermore, since the owner of the Plumtree Property has legal rights to access the property through the PBCA and use its roads, the use of PBCA roads for construction access is a civil matter in which the City would not be involved. The attorney for the PBCA suggests that an EIR is required for the use of waste holding tanks, should they be proposed. It is important to note that the proposed code language requires connection to a sanitary sewer system in order to take advantage of the new exception. For this reason, Staff has eliminated Mitigation Measure Nos. UTL-1 through UTL-5 (as discussed in the Initial Study) and has modified Mitigation Measure No. UTL-6 in the attached Resolution and Mitigation Monitoring Program to read as follows (additional language is underlined): • 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 capacity in both the Abalone Cove Sewer System and within the existing Sanitation District systems. Should a connection to a sanitary sewer system not be available, an additional CEQA analysis shall be conducted to assess use and maintenance of waste holding tanks. Lastly, the PBCA requests that the City require that public trails be required and secured over the two subject properties by the City. As noted the "Transportation/Traffic" section of the 7 Initial Study/MND (letter "g"), there are trails that are identified over the two subject properties in the City's Conceptual Trails Plan. These trails would require that each property owner voluntarily grant a public trail easement over their property. While the City cannot require the dedication of such easements for public trail purposes, Staff will continue to encourage the dedication of trails in order to provide adequate connectivity to the City's trail system. Planning Applications In addition to obtaining geology approval in order to take advantage of the proposed exception category "T," each property owner who takes advantage of the proposed exception will be subject to submit a Landslide Moratorium Exception Permit to the City. If a Landslide Moratorium Exception Permit is approved, then each applicant will be subject to all the applicable zoning standards of the City's Development Code (Title 17). ALTERNATIVES In addition to Staff's recommendation, the following alternatives are available for consideration by the City Council: 1) Identify alternative parameters to the proposed exception category, and direct Staff to revise the draft Ordinance and return to the City Council with an amended Ordinance for introduction to a date certain; or, 2) Deny the proposed Code Amendment. Attachments • Draft Resolution No. 2016-_ (approval of MND/MMP) (Page 9) • Draft Ordinance No. (Page 24) • Initial Study/MND - (Page 36) • March 3, 2015 City Council CAIR Staff Report (Page 75) • Includes Dr. Perry Ehlig's May 26, 1993 Memo (Page 86) • March 3, 2015 City Council Minutes (Page 95) • Point View Property Moratorium Boundary Line (Page 98) • Public Comments (Page 100) • Current Landslide Moratorium Code Language (Chapter 15.20) (Page 112) Draft Resolution No. 2016 - (approval of MND/MMP) 01 RESOLUTION NO. 2016- 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 TO ALLOW RESIDENTIAL DEVELOPMENT WITHIN THE LANDSLIDE MORATORIUM BOUNDARY AREA OF ZONE 1. 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 10 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 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: Based upon the foregoing findings, the adoption of the proposed Mitigated Negative Declaration is in the public interest. Section 5: 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 6: 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. Resolution No. 2016 - Page 2 of 3 11 PASSED, APPROVED, AND ADOPTED this 19th day of January 2016. Mayor Attest: 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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on January 19, 2016. City Clerk Resolution No. 2016 - Page 3 of 3 12 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 H. Management of the Mitigation Monitoring Program............................................................................. 3 Rolesand 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. 2015-n 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. 2015-14. 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. 2015-1-5 MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: 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. 2015-16 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 17.02.030.13 (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 Building Permit Community maximum square footage established by the City Project Design Issuance Property Owner Development Council through the exception category. Department AES -3: All new residences shall be subject to Community the Development Standards established under the Project Design Prior to Building Permit Property Owner Development RS -1 Zoning District (Single -Family Residential), Issuance Department with a maximum net lot coverage of 25%. AES -4: All new residences and residential Community structures shall be subject to the following Project Design Prior to Building Permit Property Owner Development setbacks: Front = 20'; Rear = 15'; Street Side = Issuance Department 10'; Interior Sides = 5'. AES -5: Exterior illumination for new residences Community shall be subject to the provisions of Section Project Design Ongoing Property Owner Development 17.56.030 (Outdoor Lighting for Residential Uses) Department of the Rancho Palos Verdes Municipal Code. AES -6: All residential lighting shall be fully shielded, and no outdoor lighting shall be Community permitted where the light source is directed toward Project Design Ongoing Property Owner Development or results in direct illumination of a parcel of Department property or properties other than that upon which such light source is physically located. 2. AIR QUALITY AIR -1: During construction, the applicant Community shall be responsible for the implementation of all Construction Prior to Grading Permit Property owner Development dust and erosion control measures required by the Issuance Department Building Official. AIR -2: Trucks and other construction Community vehicles shall not park, queue and/or idle at the Construction On-going Property owner Development project sites or in the adjoining public or private Department rights-of-way, and shall be in accordance with the Mitigation Monitoring Program Exhibit A - Page 5 Resolution No. 2015- 17 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION permitted hours of construction stated in Section 17.56.020.13 of the Rancho Palos Verdes Municipal Code. Mitigation Monitoring Program Exhibit A - Page 6 Resolution No. 2015- • MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 1 3. BIOLOGICAL RESOURCES BI0-1: 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 Construction and Prior to Building Permit Community of sensitive plant and animal species on the Post -Construction Final Property owner Development subject property, � p p rty, 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 Issuance Property owner Development known archaeological sites on or within a half -mile Department radius of the subject property. CUL -2: Prior to the issuance of a grading permit, the applicant shall conduct a Phase 1 archaeological survey of the property. The survey Construction Prior to Grading Permit Property owner Community 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, the applicant shall retain a qualified paleontologist Construction Prior to commencement of Property owner Community Development and archeologist to monitor grading and grading Department excavation. In the event undetected buried cultural Mitigation Monitoring Program Exhibit A - Page 7 Resolution No. 2015- 19 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION resources are encountered during grading 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, Community the applicant shall submit a soils report, and/or a Construction Prior to Building Permit Property owner Development geotechnical report, for the review and approval of Issuance Department the City geotechnical staff. _ 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 Community site without first filing an application with the Construction and Prior to Building Permit Property owner Development Director pursuant to the terms of Chapter 15.20 of Post-Construction Issuance Department the Rancho Palos Verdes Municipal Code. Such covenant shall be submitted to the Director for recordation prior to the issuance of a building permit. GEO-3: All other necessary permits and Community approvals required pursuant to the Rancho Palos Construction Prior to Building Permit Property owner Development Verdes Municipal Code or any other applicable Issuance Department statute, law or ordinance shall be obtained. GEO-4: Prior to building permit issuance, the applicant shall prepare an erosion control plan for Community the review and approval of the Building Official. Construction Prior to Building Permit Property owner Development The applicant shall be responsible for continuous Issuance Department and effective implementation of the erosion control plan during project construction. Mitigation Monitoring Program Exhibit A - Page 8 Resolution No. 2015- 20 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 During Building & Safety Plan Community incorporate all fire protection requirements of the Project Design Check Property owner Development City's most recently adopted Building Code, to the Department satisfaction of the Building Official. 7. HYDROLOGYIWATER QUALITY HYD -1: Any development proposal located within, adjacent to or draining into a designated Community Environmentally Sensitive Area (ESA) shall require Project Design Prior to Building Permit Property owner Development the review and approval by the City's LID Issuance Department Ordinance consultant prior to building permit 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 post -Construction Issuance Property owner Works deficiencies shall be corrected by the applicant. HYD -3: Roof runoff from all buildings and structures on the site shall be contained and Construction and Prior to Building Permit Property owner Department of Public directed to the streets or an approved drainage Post -Construction Issuance Works course. HYD -4: All landscaping irrigation systems shall be part of a water management system approved Prior to Building Permit Department of Public by the Director of Public Works. Irrigation for Post -Construction Issuance Property owner Works landscaping shall be permitted only as necessary 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:OOAM to 5:OOPM on Saturday, with no construction activity permitted on Community Sundays or on the legal holidays specified in Construction On -Going Property owner Development Section 17.96.920 of the Rancho Palos Verdes Department Development Code. During demolition, 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. 2015- 21 MITIGATION MEASURES TYPE TIME OF IMPLEMENTATION RESPONSIBLE ENTITY COMPLIANCE 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. 2015- 22 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE IMPLEMENTATION ENTITY COMPLIANCE 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 Building Permit Development and within the existing Sanitation District systems Project Design Issuance Property Owner Department & exists. Should a connection to a sanitary Department of Public 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. 2015- 23 Draft Ordinance No. 24 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AMENDMENTS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN EXCEPTION CATEGORY ("T") TO ALLOW RESIDENTIAL DEVELOPMENT WITHIN THE LANDSLIDE MORATORIUM BOUNDARY AREA OF ZONE 1 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, WHEREAS, at its January 19, 2016, meeting, after hearing public testimony, the City Council adopted Resolution No. 2016-_, making certain findings related to the requirements of the California Environmental Quality Act (CEQA) and adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the proposed project; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1: The City Council has reviewed and considered the further amendments to Chapter 15.20 of Title 15 of the Municipal Code. Section 2: The City Council finds that the amendments to Chapter 15.20 of Title 15 of the Municipal Code are consistent with the Rancho Palos Verdes General Plan in that 25 they uphold, and do not hinder, the goals and policies of those plans, while limiting the potential impacts resulting from such use upon landslide movement, soil stability and public safety within and adjacent to the Landslide Moratorium Area. Section 3: The City Council further finds that there is no substantial evidence that the amendments to Chapter 15.20 of Title 15 of the Municipal Code would result in significant environmental effects or a substantial increase in the severity of such effects. The City Council considered the Mitigated Negative Declaration prior to making its decision regarding the code amendments contemplated herein. Section 4: The City Council further finds that the amendments to Chapter 15.20 of Title 15 of the Municipal Code will continue to protect the public health, safety, and general welfare in the area. Section 5: Based upon the foregoing, Paragraph T of Section 15.20.040 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows: The moratorium shall not be applicable to any of the following: A. Maintenance of existing structures or facilities which do not increase the land coverage of those facilities or add to the water usage of those facilities; B. Replacement, repair or restoration of a residential building or structure which has been damaged or destroyed due to one of the following hazards, 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 of this chapter: 1. A Geologic Hazard. Such structure may be replaced, repaired or restored to original condition; provided, that such construction shall be limited to the same square footage and in the same general location on the property and such construction will not aggravate any hazardous geologic condition, if a hazardous geologic condition remains. Prior to the approval 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. The applicant shall comply with any requirements imposed by the city's geotechnical staff and shall substantially repair the geologic condition to the satisfaction of the city geotechnical staff prior to the issuance of a final building permit. Upon application to the director, setbacks may conform to the setbacks listed below. Minimum Setback Standards Front Interior side Street side Rear 20 I 5 10 15 Ordinance No. Page 2 of 11 26 2. A Hazard Other Than a Geologic Hazard. Such structure may be replaced, repaired or restored to original condition; provided, that such construction shall be limited to the same square footage and in the same general location on the property and such construction will not aggravate any hazardous condition, if a hazardous condition remains. Prior to the approval 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. Upon application to the director, setbacks may conform to the setbacks listed in subsection (B)(1) of this section; C. Building permits for existing structures which were constructed prior to October 5, 1978, for which permits were not previously granted, in order to legalize such structure(s). Such permits may only be granted if the structure is brought into substantial compliance with the Uniform Building Code; D. The approval of an environmental assessment or environmental impact report for a project as to which the city or redevelopment agency is the project applicant; E. Projects that are to be performed or constructed by the city or by the Rancho Palos Verdes redevelopment agency to mitigate the potential for landslide or to otherwise enhance public safety; F. Remedial grading to correct problems caused by landslide or to otherwise enhance public safety, performed pursuant to a permit issued pursuant to Section 17.76.040(B)(3) of this Code; G. Geologic Investigation Permits. Prior to the approval of such a 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 investigation will not aggravate the existing situation; H. Minor projects on a lot that is in the "landslide moratorium area," as outlined in red on the landslide moratorium map on file in the director's office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of one thousand two hundred square feet per parcel; 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 and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The one thousand two hundred square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square Ordinance No. Page 3 of 11 27 footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection. Minor projects involving the construction of an enclosed permanent detached accessory structure, which are located in an area that is not served by a sanitary sewer system, shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit shall be recorded with the Los Angeles County register - recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior to the approval of a landslide moratorium exception permit for such minor projects, 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; 1. Construction or installation of temporary minor nonresidential structures which are no more than three hundred twenty square feet in size, with no plumbing fixtures and which do not increase water use, may be approved by the director. If the lot is served by a sanitary sewer system, the permit may allow the installation of plumbing fixtures. All permits shall include a requirement that a use restriction covenant, in a form acceptable to the city which prevents the structure from being used for any purpose other than a nonhabitable use, is recorded with the Los Angeles County registrar -recorder. A minor nonresidential structure is defined as temporary if the Building Code does not require it to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not be erected upon or attached to such a foundation. Prior to approval of the application, 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; J. Submittal of a lot -line adjustment application; K. Minor projects on a lot that is in the "landslide moratorium area," as outlined in blue on the landslide moratorium map on file in the director's office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of one thousand two hundred square feet per parcel; 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 and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The one thousand two hundred square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of Ordinance No. Page 4 of 11 28 a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection. Minor projects involving the construction of an enclosed permanent detached accessory structure, which are located in an area that is not served by a sanitary sewer system, shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit shall be recorded with the Los Angeles County register - recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, 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; L. Construction of one attached or detached garage per parcel that does not exceed an area of six hundred square feet, without windows or any plumbing fixtures, on a lot that currently is developed with a residential structure or other lawfully existing nonresidential structure; 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. If the lot is served by a sanitary sewer system, the permit may allow the installation of windows and plumbing fixtures in the garage. The approval of a landslide moratorium exception permit for such a project shall be conditioned to require that a use restriction covenant, in a form acceptable to the city, that prevents the garage from being used for any purpose other than parking of vehicles and storage of personal property is recorded with the Los Angeles County registrar -recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior to the approval of a landslide moratorium exception permit for such garage, 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's geotechnical staff that the proposed project will not aggravate the existing situation; M. Submittal of applications for discretionary planning permits for structures or uses which are ancillary to the primary use of the lot or parcel, where there is no possibility of any adverse impact upon soil stability. Examples of these types of applications include special use permits for minor, temporary uses and events; fence, wall and hedge permits that do not involve grading or the construction of retaining walls; permits for the keeping of large domestic animals and exotic animals; conditional use permits for the establishment of a use or activity at or on an existing structure where no structural modifications are required; and such other uses, Ordinance No. Page 5 of 11 29 activities and structures that the city geotechnical staff determines to have no potential for adverse impacts on landslide conditions; N. Minor projects on those lots which are currently developed with a residential structure, which do not involve new habitable space, which cannot be used as a gathering space and viewing area, and which do not constitute lot coverage; O. Permits issued pursuant to Section 15.20. 110 of this chapter to connect existing structures with functional plumbing fixtures to an operational sewer system,. P. The construction of residential buildings, accessory structures, and minor grading (as defined in Section 17.76.040(6)(1) of the Rancho Palos Verdes Municipal Code) in Zone 2 of the "landslide moratorium area" as outlined in green 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 of this chapter. 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. If the director of public works determines that the sanitary sewer system cannot accommodate the project at the time of building permit issuance, the project shall be connected to a city -approved holding tank system until such time as the sanitary sewer system can accommodate the project. In such cases, once the sanitary sewer system becomes available to serve the project, as determined by the director of public works, the holding tank system shall be removed, and the project shall be connected to the sanitary sewer system. Prior to the 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. Q. Non -remedial grading, up to a cumulative maximum total of 50 cubic yards of grading per legal lot, on lots developed with a residential structure or other lawfully existing non-residential structure, provided that the grading is balanced on site with no imported material and provided the appropriate geological or geotechnical studies are submitted to demonstrate to the satisfaction of the city's geotechnical staff that the proposed grading will not aggravate the existing landslide situation. R. The construction of a barn or other similar non -habitable structure(s) used for the sole purpose of housing animals on lots that are currently legally developed with a residential structure. Said non -habitable structures shall only be permitted on lots that are served by a sanitary sewer system, shall not exceed a maximum roofed area of 1, 600 square feet, and shall not count against the 1, 200 square foot limitation set forth in Paragraphs `H' and `K' of this Section. A use restriction covenant, in a form acceptable to the City Attorney, which prevents the structure from being used for any purpose other than a non -habitable use for animal keeping, shall be recorded with the Los Angeles County Registrar -Recorder against the title to said property. Said non -habitable structures shall be constructed and maintained so that the structure(s), and all interior spaces of said structure(s), are not fully enclosed and at least one wall along one exterior fagade is open to the air at all times. Prior to approval of an application, the applicant shall submit to the director any geological or geotechnical studies reasonably required by the city to demonstrate to the Ordinance No. Page 6 of 11 30 satisfaction of the city geotechnical staff that the proposed non-habitable structure will not aggravate the existing situation; S. The installation or construction of a non-habitable storage structure used for the sole purpose of storing agricultural farming equipment on lots that have obtained a Conditional Use Permit for the growing of crops and/or fruits on more than one (1) acre for commercial or non-commercial purposes. Said non-habitable structure(s) shall not exceed a cumulative maximum square footage or roofed area of 1,600 square feet, shall only be permitted on lots that are served by a sanitary sewer system, and shall not count against the 1,200 square foot limitation set forth in Paragraphs `H' and `K' of this Section. A covenant which prevents the structure from being used for any purpose other than a non-habitable use for storing agricultural farming equipment, in a form approved by the City Attorney and enforceable by the City, shall be recorded with the Los Angeles County Registrar-Recorder against the title to said property, prior to Building Permit issuance. Said structures shall be constructed and maintained as non-habitable structures and shall be removed if an approved Conditional Use Permit ceases and a commercial or non-commercial agricultural use no longer remains on said property. Prior to approval of an application, the applicant shall submit to the director any geological or geotechnical studies required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed non-habitable structure will not aggravate the existing situation; T. The construction of residential buildings, accessory structures, and _-ggrading 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 agnravate the existing situation. Section 6: Based upon the foregoing, Section 15.20.050 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows: Ordinance No. Page 7 of 11 31 Within the landslide moratorium area as identified in Section 15.20.020 of this chapter, the city shall require that appropriate landslide abatement measures be implemented as conditions of issuance of any permit issued pursuant to this chapter. With respect to proposed projects and uses requiring a landslide moratorium exception permit pursuant to Sections 15.20.040(8), (H), (K), (L), and-(P) and T which must satisfy all of the criteria set forth in this section, the conditions imposed by the city shall include, but not be limited to, the following: A. If lot drainage deficiencies are identified by the director of public works, all such deficiencies shall be corrected by the applicant. B. If the project involves additional plumbing fixtures, or additions of habitable space which exceed two hundred square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water. The capacity of the required holding tank system shall be subject to the review and approval of the city's building official. For the purposes of this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture. For those projects which involve additions of less than two hundred square feet in total area and which are not to be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a covenant specifically agreeing that the addition of the habitable space will not be used for those purposes. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or after the effective date of the ordinance codified in this section (July 6, 2000), additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception permit is approved, the requirement for a holding tank may be waived, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to Section 15.20, 110 of this chapter, or by an agreement or condition of project approval. C. Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. D. If required by the city geotechnical staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the city geotechnical staff. E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the city. Such covenant shall Ordinance No. Page 8 of 11 32 be submitted to the director prior to the issuance of a building permit. F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the city a sewer and storm drain easement on the subject property, as well as any other easement required by the city to mitigate landslide conditions. Such covenant shall be submitted to the director prior to the issuance of a building permit. G. A hold harmless agreement satisfactory to the city attorney promising to defend, indemnify and hold the city harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the director prior to the issuance of a building permit. H. 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 director pursuant to the terms of this chapter. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. !. All landscaping irrigation systems shall be part of a water management system approved by the director of public works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. J. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of a building permit for the project that is being approved pursuant to the issuance of the moratorium exception permit. K. All other necessary permits and approvals required pursuant to this code or any other applicable statute, law or ordinance shall be obtained. Section 7: Based on the foregoing, Section 15.20.060 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows: A. Applicants for an exception to this chapter under Sections 15.20.040(8), (H), (K), (L), (P), and -(Q) and T shall file an application for a landslide moratorium exception permit with the director. The application shall be signed by the property owner, and shall include the following: 1. A letter, signed by the property owner, setting forth the reason for request, as well as a full description of the project; 2. Copies of a site plan, showing accurate lot dimensions, the location, dimensions, and heights of all existing and proposed structures; the location of the existing and proposed septic systems and/or holding tank systems; and the location of the existing and/or proposed sanitary sewer system, if the site is or will be served by a sanitary sewer system. The number of copies required shall be determined by the director; Ordinance No. Page 9 of 11 33 3. Information satisfactory to the city's geotechnical staff (including but not limited to geological, geotechnical, soils or other reports) reasonably required by the city to demonstrate that the proposed project will not aggravate the existing situation; 4. A fee as established by resolution of the city council; 5. If grading is proposed, a grading plan showing the topography of the lot and all areas of project cut and fill, including a breakdown of the earthwork quantities. B. A landslide moratorium exception permit application shall become null and void if, after submitting the required application to the director, the application is administratively withdrawn by the director because the application is allowed to remain incomplete by the applicant for a period which exceeds one hundred eighty days, or if the application is withdrawn by the applicant. Section 8: Based on the foregoing, Section 15.20.110 of Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows: Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red, and green or ,ely low on the landslide moratorium map on file in the director's office, which is developed with a residential structure or any other structure that contains one or more operational plumbing fixtures and is served by a sanitary sewer system, as defined in this chapter, shall connect such structure(s) to the sanitary sewer system within six months after the commencement of operation of the sanitary sewer system. Either the director or the director of public works shall determine whether a lot or parcel is served by a sanitary sewer system, whether a structure contains one or more operational plumbing fixtures, or whether the connection to the sewer system is performed properly, including, without limitation, removal, or the discontinuation of the use, of any existing septic system. Section 9: The amendments to Chapter 15.20, Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all Landslide Moratorium Exception requests submitted after the effective date of this ordinance. Section 10: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 11: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Ordinance No. Page 10 of 11 34 Council of this City of Rancho Palos Verdes. Section 12: This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the 31St day after its passage. PASSED, APPROVED and ADOPTED this 19th day of January 2016. Mayor ATTEST: 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, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on January 19, 2016, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK Ordinance No. Page 11 of 11 35 Initial Studay/MND 36 City of Rancho Palos Verdes ENVIRONMENTAL CHECKLIST FORM Initial Study and Mitigated Negative Declaration (IS/MND) Project title: Zone 1 Landslide Moratorium Ordinance Revisions Planning Case No. ZON2015-00555 (Code Amendment and Environmental Assessment) SCH No. (to be assigned) 2. Lead agency name/ address: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 3. Contact person and phone number: Leza Mikhail, Senior Planner City of Rancho Palos Verdes lezama,rpvca.gcv (310)544-5228 4. Project location: Two (2) Residential Lots in "Zone 1" of the Landslide Moratorium Area (as depicted in Figure 1 and Table 1) City of Rancho Palos Verdes County of Los Angeles 5. Project sponsor's name and address: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 6. General plan designation: Residential, <1 DU/acre and Residential, 1-2 DU/acre 7. Coastal plan designation: Not applicable 8. Zoning: RS -1 and RS -2 9. Description of project: 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 01203.0005/277240.1 37 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 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 8, 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 fora 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. Additional 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). 10. Description of project site (as it currently exists): The project site (Zone 1 of the City's Landslide Moratorium Area) encompasses two City -owned reserve areas within the City's Preserve (Filiorium Reserve and Portuguese Bend Reserve) and four privately owned properties, two of which are over 25 acres in area. The two lots that are under 25 acres in area are commonly referred to as the "Vanderlip Estate" and measure 6.93 acres and 4.51 acres. The two lots that are greater than 25 acres in area, combined, total approximately one hundred twenty-three (123) acres. Separately, one (1) lot is ninety-four (94) acres and improved with an event garden and agricultural use located at 6001 Palos Verdes Drive South (owned by York Point View Properties), and one (1) lot is twenty-nine acres and undeveloped (owned by Plum Tree PV Associations). These two properties are the subject of this analysis as they are the only properties within Zone 1 that are 25 acres or greater in area and will be referred to as the "two (2) subject lots." Both of the two subject lots have access rights via private streets maintained by the Portuguese Bend Community Association within Zone 2 of the Landslide Moratorium Area. Additionally, the Point View property has a private driveway that takes access off of Palos Verdes Drive South, a public street. 11. Surrounding land uses and setting: Land Uses Significant Features On-site (all of City -owned Reserve See description above. 01203.0005/277240.1 Page 2 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 01203 0005/277240.1 Page 3 39 I Land Uses I areas, two privately owned Significant Features Zone 1) lots under 25 acres in area, and two (2) subject residential lots over 25 acres in areas located within Zone 1 of the City's Landslide Moratorium Area, referred to as the Point View Property and Plumtree Property Developed and Developed and undeveloped lots located within the Portuguese undeveloped residential Bend Community Association. The vast majority of the lots in the Portuguese developed lots are improved with single-family residences and Northeast, Bend community, related accessory structures and uses. The largest developed East & including the Portuguese lot in Zone 2 is occupied by the Portuguese Bend Riding Club, Southeast Bend Riding Club and a nonconforming commercial stable that was established prior Vanderlip Estate (located to the City's incorporation in 1973. Private streets within Zone 2 within an areas commonly and Zone 5 are maintained by the Portuguese Bend referred to as Zone 2 and Community Association. Zone 5) City -owned open space The Filiorium Reserve, acquired by the City in 2009, also within North of the land in the Filiorum Zone 1, contains a variety of natural vegetation communities, Two (2) Reserve of the Palos trails, and is a part of the larger Palos Verdes Nature Preserve. subject lots Verdes Nature Preserve Above the Filiorium Reserve, and outside of Zone 1, are residential tracts (Tract Nos. 31617, 38848, and 24872, ). City -owned open space The Three Sisters Reserve, acquired by the City in 2001, is not West land in the Three Sisters within Zone 1 and contains a variety of natural vegetation Reserve of the Palos communities, trails, and is part of the larger Palos Verdes Verdes Nature Preserve Nature Preserve Developed residential lots Fully developed residential tract (Tract No. 23434) with single - in the Upper Abalone family residential lots located within the RS -2 Zoning District Southwest Cove Homeowners (single-family residential). Residential lots are accessed via Association (Tract No. public streets taken from Palos Verdes Drive South (Arrowroot 23434) Lane, Barkentine Lane & Arrowroot Road) Immediately south of the Point View property is Palos Verdes Main public road and City- Drive South, a main public road in the City. Across from Palos Verdes Drive South is the Abalone Cove Shoreline Park, a owned open space in the Public park with parking and access to the Abalone Cove South Abalone Cove Reserve of Reserve, acquired by the CityThe park provides parking and the Palos Verdes Nature picnic accommodations, and the reserve contains a variety of Preserve and public park natural vegetation communities, trails, and is part of the large Palos Verdes Nature Preserve. 01203 0005/277240.1 Page 3 39 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 12. Other public agencies whose approval is required: None. Figure 1 Aerial Photo and Boundary of "Zone 1," Identifying Two Residential Lots over 25 Acres in Area Table 1 Privately Owned lots in Zone 1 Greater than 25 Acres in Size ("Two (2) Subject Lots") Common Parcel Name Assessor's Legal Description Owner(s) Parcel No. 7572-012-029 York Point View Property York Point View 7572-012-028 (Parcel 1 in the Certificate See Attached York Point View Properties 7572-012-024 of Compliance — Instrument Properties Legal Description (Jim York) 7573-003-016 No. 04-2035438) 7510_-023-035 Plum Tree PV Associates, LA Co. Assessor Map No. 51 Plum Tree PV LLC 7581-023-037 for Desc. See Assessor's Associates, LLC Maps Por of Lot 115 Richard Riordin) 01203,0005/277240.1 Page 4 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicted by the checklist on the following pages. Aesthetics Biological Resources F Greenhouse Gas Emissions F—] Land Use/Planning [�D Population/Housing EjTransportation/Traffic DETERMINATION: Agricultural Resources I� Cultural Resources f Hazards & Hazardous Materials Mineral Resources Public Services Utilities/Service Systems On the basis of this initial evaluation Air Quality U Geology/Soils Hydrology/Water Quality [� Noise 0 Recreation FMandatory Findings of Significance 0 I find that the project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. LX–] I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required but must analyze only the effects that remain to be addressed. Q I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects, (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are impose on the proposed project, nothing further is required. Signature. Date: December 3, 2015 Printed Name: Leza Mikhail, Senior Planner For: City of Rancho Palos Verdes 01203.0005/277240 1 Page 5 G Environmental Checklist Case No. ZON2015-00555 December 3, 2009 EVALUATION OF ENVIRONMENTAL IMPACTS: 01203.00051277240.1 Page 6 V Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 1. AESTHETICS. Would the project: a) Have a substantial effect on 1, 11, 14, X a scenic vista? 17 b) Substantially damage scenic resources, including, but not limited to, trees, rock 1, 11, 8, X outcroppings, and historical 17 buildings, within a state scenic highway? c) Substantially degrade the existing visual character or 1, 11 X quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect 11 X day or nighttime views in the area? Comments: a) The City of Rancho Palos Verdes' (the "City") location on the Palos Verdes Peninsula affords scenic views that are considered one of the most valuable natural resources on the Peninsula. These views are of natural and man-made aesthetic resources, and are visible to those walking, driving, or recreating throughout the City. The project site's relatively steep north -south slope affords a high number of unobstructed views north and south across the project site. Views east and west across the project site are more limited, being obstructed by existing topography, vegetation and accessory structures. The City of Rancho Palos Verdes General Plan (the "General Plan") identifies several significant visual resources that are observable from the project site, as well as across the project site from nearby private property and public vantage points. Public vantage points afforded views across the project site include Palos Verdes Drive South (PVDS), Abalone Cove Shoreline Park, and the McBride Trail. These visual resources primarily consist of ocean views encompassing Portuguese Point and Inspiration Point, but also include views of Abalone Cove Shoreline Park, Wayfarers Chapel, and other visual features associated with natural and undeveloped lands. The General Plan defines two visual categories: views and vistas: A view is a "scene observed from a given vantage point. Views represent an unfocused visual aspect which extends to the horizon of a distant focal point and has an unlimited arc depth. These views can be either continuous (as viewed from along a public corridor), or localized (as viewed from a specific site) in nature." Additionally, Section 01203.00051277240.1 Page 6 V Environmental Checklist Case No. ZON2015-00555 December 3, 2009 17.02.040 of the Rancho Palos Verdes Municipal Code defines view -related terms and sets forth building height restrictions to protect views. A view, as protected by this section, is defined in terms of a "near view" and a "far view." A near view includes a scene located on the peninsula, whereas a far view is defined as a scene located off the peninsula. As stated in this section, a view shall not include vacant land that is developable under the Code, a distant mountain area not normally visible, nor the sky, either above distant mountain areas or above the height of offshore islands. Given that the project site includes two legally created lots that are zoned for residential development, neither of which fall within any scenic vista identified in the City's General Plan, creating an exception to allow development applications for two new residences that are subject to Section 17.02.040 of the Rancho Palos Verdes Municipal Code will have no substantial effect upon a scenic vista. b) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project, which would provide an exception category to allow development applications for two lots under the City's Landslide Moratorium Ordinance, will not directly grant any entitlement to develop these lots. Since these lots are undeveloped with residential structures, and only one property (the Point View property) is developed with an event garden and agricultural use, there are no historical buildings or other structures that could be damaged as a result of the approval of the proposed project, although it is possible that some mature shrubs and trees might be removed as a result of future development. As such, damage to any scenic resources as a result of the proposed project will be less than significant. C) The project vicinity is semi -rural in nature and largely consists of undeveloped hillside and scenic ocean views. Development within the project vicinity is characterized by single-family residential neighborhoods. Vegetation on undeveloped parcels primarily consists of non-native grasses with clusters of native scrub. Vegetation in the residential areas consists of trees and mature landscaping. Wayfarers Chapel is located immediately adjacent to the east side of the Point View property. The visual character of the project site largely consists of undeveloped hillside terrain that ranges from areas that are generally flat to areas with slopes in excess of 70 percent. On the Point View property, the visual character is mostly unobstructed hillside and agricultural uses with the exception of development and landscaping associated with the event garden area. The event garden area consists of small, single -story accessory structures of varying materials with introduced trees surrounding the event garden. Other development improvements visible in this area includes two paved and gated entrances (one on PVDS and one at Narcissa Dr.). The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on two lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. The development of these lots may alter the semi -rural visual character of Zone 1 by slightly increasing the number and density of man-made structures in the immediate neighborhood. The development of these two (2) lots would likely be limited to single -story, ranch -style residences with attached or 2- or 3 -car garages between 1,500 square feet and 8,000 square feet in area. The maximum lot coverage for these two (2) lots would be limited to 25%, which is reflective of the underlying residential zoning district (RS -1), and would be subject to the City's lot coverage definition, which includes a calculation of lot coverage for all structures and accessory structures, decks over 30" in height, driveways and parking areas, and all other impervious surface areas. In order to ensure that the new residences on the two (2) large lots remain compatible with other 01203.0005/277240.1 Page 7 FA Environmental Checklist Case No. ZON2015-00555 December 3, 2009 residences found on similar lots and within the immediate neighborhood, future applications for new residences would be subject to the City's Neighborhood Compatibility process, similar to all other new residence applications throughout the City. Furthermore, given that the large properties will likely require long driveways and/or access roads that could be visible from PVDS and neighboring residential neighborhoods, mitigation related to the visual aspect of new driveways will be required. Therefore, in order to reduce the visual character impacts of the proposed project to less -than -significant levels, the following mitigation measure is recommended: AES -1: All new residences shall be subject to neighborhood compatibility analysis under the provisions of Section 17.02.030.6 (Neighborhood Compatibility) of the Rancho Palos Verdes Municipal Code. AES -2: All new residences will be limited to a maximum square footage established by the City Council through the exception category. AES -3: All new residences shall be subject to the Development Standards established under the RS -1 Zoning District (Single -Family Residential), with a maximum net lot coverage of 25%. AES -4: All new residences and residential structures shall be subject to the following setbacks: Front= 20'; Rear = 15'; Street Side = 10'; Interior Sides = 5'. d) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Zone 1 is a semi -rural area and does not have street lights, so nighttime illumination of the neighborhood is generally limited to exterior lighting for existing single-family residences. The potential construction of two (2) new single-family residences, likely with long driveways and/or access roads, will increase the amount of nighttime lighting in the neighborhood. Therefore, in order to reduce the light and glare impacts of the proposed project to less - than -significant levels, the following mitigation measure is recommended: AES -5: Exterior illumination for new residences shall be subject to the provisions of Section 17.56.030 (Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes Municipal Code. AES -6: All residential lighting shall be fully shielded, and no outdoor lighting shall be permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is phy ically located. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 2. AGRICULTURE RESOURCES'. Would theproject: a) Convert Prime Farmland, 8 17F X Unique Farmland, or 1 In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Californian Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as a optional model to use in assessing impacts on agriculture and farmland. 01203.0005/277240.1 Page 8 MA Environmental Checklist Case No. ZON2015-00555 December 3, 2009 Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resource Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a 8,17 X Williamson Act contract? c) Involve other changes in the existing environment that, due to their location or 8 X nature, could result in conversion of Farmland, to a non-agricultural use? Comments: a -c) There is no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the boundaries of the project site. As a result, the proposed project, which includes an exception category to allow the submittal of development applications in the City's Landslide Moratorium Area on two (2) lots, would result in no impact to prime, unique, or farmland of statewide importance. The project site is zoned for single-family residential development (RS -1 and RS -2), which permits single-family residential use at densities of up to two (2) dwelling units per acre (i.e., RS -1 and RS -2). Additionally, the single-family residential zoning permits agricultural use; however, no portion of the project site is under a Williamson Act contract. Further, and there are no agricultural uses in the project vicinity that are subject to a Williamson Act contract. Lastly, the approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Therefore, the proposed project will have no impact upon agricultural resources. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 3. AIR QUALITy2. Would the project: a) Conflict with or obstruct implementation of the 3 X applicable air quality plan? b) Violate any air quality 3,17 X 2 Where available, the significant criteria established by the applicable air quality management or air pollution control districts may be relied upon to make the following determinations. 01203.0005/277240.1 Page 9 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state 3 X ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 3 X concentrations? e) Create objectionable odors affecting a substantial 2, 11, 17 X number of people? Comments: a -d) The project site is located within the 6,745 square mile South Coast Air Basin (SoCAB). The South Coast Air Quality Management District (SCAQMD) is required, pursuant to the Clean Air Act, to reduce emissions of criteria pollutants for which the Basin is in non -attainment for Federal air quality standards for ozone (03), carbon monoxide (CO), and suspended particulate matter (PM10 and PM2 5). The proposed project would be subject to the SCAQMD's Air Quality Management Plan (AQMP). The AQMP contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are developed, in part, based on regional population, housing, and employment projections prepared by the Southern California Association of Governments (SCAG). As the two (2) subject lots in Zone 1 are located within the South Coast Air Basin, which is an area of non -attainment, the proposed project would be limited to the total amount of grading permitted on each lot. The amount of non -remedial grading for the development of each of the two (2) new single-family residences would be limited to a cumulative total of less than 2,000 cubic yards (cut and fill combined), 1,000 cubic yards per lot, with no more than 50 cubic yards of imported fill per lot. The two (2) subject lots in Zone 1 are owned by two (2) separate private individuals or entities. The movement of soil and the operation of construction equipment have the potential to create short-term construction -related air quality impacts upon nearby sensitive receptors, such as single-family residences. Based upon the South Coast Air Quality Management District (SCAQMD) guidelines for estimating air quality impacts from construction activities, the development of individual parcels for a residence would not exceed Localized Significance Thresholds (LSTs) for nitrous oxides (NOx), CO, PM10 or PM2.5. In a "worst case" scenario wherein all of the undeveloped lots were developed simultaneously, the total quantity of earth movement would still be less than 2,000 cubic yards, 1,000 cubic yards per lot, and with the imposition of the recommended 01203.0005/277240.1 Page 10 Ie Environmental Checklist Case No. ZON2015-00555 December 3, 2009 mitigation measures, the impacts of this grading would still be less than significant. In addition, the proposed residences may have fireplaces. SCAQMD has adopted rules regulating wood -burning devices, which include a prohibition against the installation of wood -burning fireplaces in new construction beginning in March 2009. Therefore, in order to reduce the air quality impacts of the proposed project to less -than -significant levels, the following mitigation measures are recommended: AIR -1: During construction, the applicant shall be responsible for the implementation of all dust and erosion control measures required by the Building Official. AIR -2: Trucks and other construction vehicles shall not park, queue and/or idle at the project sites or in the adjoining public or private rights-of-way, and shall be in accordance with the permitted hours of construction stated in Section 17.56.020.B of the Rancho Palos Verdes Municipal Code. e) Since the zoning of the two (2) subject lots in Zone 1 does not permit industrial uses, no objectionable odors are expected to be generated as a result of the proposed project. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a 6 8, 17, candidate, sensitive, or 18, 19 & X special status species in 20 local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local 6, 8, 17, or regional plans, policies, or 18, 19 & X regulations, or by the 20 California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected 6,8 X wetlands, as defined by Section 404 of the Clean 01203.0005/277240.1 Page 11 M Environmental Checklist Case No. ZON2015-00555 December 3, 2009 Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.), through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with 6, 8, 17, established native resident 18, 19 & X or migratory wildlife 20 corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local polices or ordinances protecting biological resources, such as 11 X tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 1 6, 7, 18, 1 Community Conservation 1 & 20 X Plan, or other approved local, regional, or state habitat conservation plan? Comments: a -b, f) Coastal sage scrub is considered a sensitive plant community by the California Department of Fish and Wildlife because of its relative scarcity as well as the number of sensitive plant and wildlife species, many special status, typically associated with it. According to the Point View Master Plan Initial Study and Biology Studies prepared for the Point View and Plumtree properties, Coastal Sage Scrub (CSS), including disturbed CSS, have been mapped on the project site. Approximately 2.8 acres of disturbed CSS were found on the Plum Tree property (according to the Natural Resource Consultants Biology Report and letter from the California Department of Fish and Wildlife), and 2.5 acres and 9.4 acres of disturbed CSS were mapped on the Point View property (according to the Point View Master Plan MND). Several biological resources assessments were conducted by Natural Resource Consultants (NCR) between 1995 and 2003. Sensitive species survey updates were conducted by NCR in 2004, 2005, 2007, 2009 and 2010. Coastal California gnatcatcher surveys were also conducted annually through 2013. The vegetative communities that exist on the project site and within the adjoining areas provide a functional ecosystem for a variety of wildlife species. The proposed project, which includes adding an exception category to allow development applications for two (2) residential lots within the City's Landslide Moratorium Area, would not call for the removal of any sensitive natural vegetation, which includes coastal sage scrub, and there are no riparian 01203.0005/277240.1 Page 12 Me] Environmental Checklist Case No. ZON2015-00555 December 3, 2009 habitats located on the site. Furthermore, according to the California Department of Fish and Wildlife (CDFW) and the United States Department of the Interior — Fish and Wildlife Service (USDI), a request to support residential development on the Plumtree property was supported given that a donation of land (30 acres), immediately north of the Plumtree property, was provided to City in 2009 during the City's purchase of the Upper Filiorium Acquisition Parcel. This donation of land supports habitat that provided higher conservation value than the project site. Given this donation of land for conservation of habitat, which in turn provides habitat for endangered and notable species, the CDFW and USDI supported the City's conclusion that, provided conditions do not change on or adjacent to the 30 -acre "donation property" from future development or otherwise (including brush management and slope stability), and the City completes its NCCP/HCP as scheduled, the dedication and inclusion of the "donation property" into the NCCP/HCP Preserve (with management and monitoring) would provide upland biological mitigation for the Plumtree property. This conclusion was based on the biological value of the Upper Filiorum "donation property." Nonetheless, if a property owner chooses to take advantage of the proposed exception category, and a development application would potentially impact biological resources, that development project would trigger a new CEQA review. Given that the two project sites abut the City - owned reserve properties (Three Sisters Reserve and Filiorium Reserve), both of which contain more substantial and cohesive patches of CSS habitat nearby, it is possible that the development of the two (2) subject lots in Zone 1 might have significant impacts upon sensitive CSS habitat, either through the direct removal of habitat during construction or as a result of Fire Department -mandated fuel modification on - and/or off-site (i.e., in the Reserve) after construction of new residences is complete. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Nevertheless, in order to reduce the biological resources impacts of the proposed project to less -than - significant levels, the following mitigation measure is recommended: 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 of sensitive plant and animal species on the subject property, and shall quantify the direct and 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. C) No waters or wetlands regulated by the US Army Corps of Engineers, Los Angeles Regional Water Quality Control Board, and/or the California Department of Fish and Game occur within the study area. Therefore, no impacts would occur. d) According to the City's vegetation maps, fourteen (14) of the Monks plaintiffs' lots are depicted as "Developed" or "Disturbed," with some smaller patches of "Grassland" and "Exotic Woodland." These vegetation communities are generally not identified as sensitive by State and Federal resource agencies. Although there are patches of "Exotic Woodland" and CSS habitat on two (2) Monks plaintiffs' lots along Altamira Canyon, these patches are small and isolated, providing limited connectivity for movement or migration. As such, the impact of the proposed project upon wildlife corridors is expected to be less than significant. e) No native or non-native trees protected by local ordinances are to be removed as part of this project. Furthermore, the City does not have a protected tree ordinance. Therefore, this project would 01203.0005/277240.1 Page 13 we Environmental Checklist Case No. ZON2015-00555 December 3, 2009 result in no impact. Less Than _ Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of 8 X a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of 5 X an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological 5 X resource or site or unique geologic feature? d) Disturbed any human remains, including those 5 X interred outside of formal cemeteries? Comments: a) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on two (2) separately owned parcels zoned for residential development. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Nevertheless, since the lots have remained undeveloped with residential uses since their creation, with the exception of a recently installed event garden and agricultural use, their potential, future development would have no impact upon any historical resources. b -d) According to the City's Archaeology Map, the project site is within a possible area of archaeological resources. The approval of the proposed project would only permit shallow surface excavations less than five feet (5'-0") in depth. In addition, past disking and brush clearance of the project sites have repeatedly disturbed the ground surface over a period of many years. Nevertheless, it is possible that subsurface cultural resources may exist on the two (2) lots in Zone 1. Therefore, in order to reduce the cultural resources impacts of the proposed project to less -than -significant levels, the following mitigation measure is recommended: CUL -1: Prior to the issuance of a grading permit, the applicant shall consult with the South Central Coastal Information Center (SCCIC) regarding any known archaeological sites on or within a half -mile radius of the subject property. CUL -2: Prior to the issuance of a grading permit, the applicant shall conduct a Phase 1 archaeological 01203.0005/277240.1 Page 14 50 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 survey of the property. The survey results shall be provided to the Director of Planning, Building and Code Enforcement for review prior to grading permit issuance. CUL -3: Prior to the commencement of grading, the applicant shall retain a qualified paleontologist and archeologist to monitor grading and excavation. In the event undetected buried cultural resources are encountered during grading 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. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 6. GEOLOGY/SOILS. Would theproject: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning X Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?3 ii) Strong seismic ground X shaking? iii) Seismic -related ground failure, including X liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the loss of X topsoil? c) Be located on a geological unit or soil that is unstable, or that would become X unstable as a result of the project, and potentially result 3 Refer to Division of Mines and Geology Special Publication 42. 01203.0005/277240.1 Page 15 51 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code X (1994), thus creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water X disposal systems where sewers are not available for the disposal of wastewater? Comments: a, c -d) The proposed project could result in up to 1,000 cubic yards of grading related to the construction of up to two (2) new single-family residences. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. The maximum permitted depth of cut and/or fill for such grading would be less than five feet (<5'-0"). The two (2) subject lots are located in Zone 1, which is a subarea within the larger Landslide Moratorium Area of the City. According to the Official Maps of Seismic Hazard Zones provided by the State of California Department of Conservation, the entirety of Zone 1 is located within an area that is potentially subject to earthquake -induced landslides. The subject properties are within the vicinity of the Palos Verdes fault zone, although there is no evidence of active faulting within Zone 1. The soils of the Palos Verdes Peninsula are also generally known to be expansive and occasionally unstable. Given the known and presumed soils conditions in and around the two (2) subject lots in Zone 1, it is expected that soil investigations, reviewed and conceptually approved by the City's geotechnical consultant, will be required prior to the development of any new residences. Therefore, in order to reduce the geology/soils impacts of the proposed project to less -than -significant levels, the following mitigation measures are recommended: GEO-1: If required by the City geotechnical staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the City geotechnical staff. 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 Director pursuant to the terms of Chapter 15.20 of the Rancho Palos Verdes Municipal Code. Such 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 Verdes Municipal Code or any other applicable statute, law or ordinance shall be obtained. 01203.0005/277240.1 Page 16 52 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 b) During grading and construction operations for any new residences, top soil will be exposed and removed from individual properties. It is the City's standard practice to require the preparation and implementation of an erosion control plan for wind- and waterborne soil for construction projects. The approval of the proposed project will not grant any entitlement to develop these lots. Nevertheless, in order to reduce the erosion impacts of the proposed project to less -than -significant levels, the following mitigation measures are recommended: GEO-4: Prior to building permit issuance, the applicant shall prepare an erosion control plan for the review and approval of the Building Official. The applicant shall be responsible for continuous and effective implementation of the erosion control plan during project construction. e) The City has constructed a sanitary sewer system that serves the lots immediately adjacent Zone 2, two restrooms at the Point View property event garden, other areas of the Portuguese Bend community. The purpose of constructing this system was to reduce the amount of groundwater within the Landslide Moratorium Area by eliminating the use of private septic systems, with the ultimate goal of slowing or stopping land movement. New residences that may be constructed on the two (2) subject lots in Zone 1 in the future will be required to connect to either the existing sanitary sewer system or to an approved holding tank system if the sanitary sewer system is not available at the time of building permit issuance. In such cases, if the sanitary sewer system later becomes available, the holding tank system shall be removed and a connection made to the sanitary sewer system. With these requirements, any geology/soils impacts related to septic systems will be less than significant. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the X environment, based on any applicable threshold of significance? b) Conflict with any applicable plan, policy or regulation of an agency adopted for the X purpose of reducing the emissions of greenhouse gases? Comments: a The approval of the proposed project could lead to the future development of up to two2 sin le - 01203.0005/277240.1 Page 17 53 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 family residences on the two (2) subject lots. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Based upon data obtained from CoolCalifornia.org, the average California household generates thirty-eight (38) tons of carbon dioxide (CO2) emissions annually. For the proposed project, this could result in increased CO2 output of at least 76 tons per year at the complete build -out of the two lots in Zone 1. Currently, there are no generally -accepted significance thresholds for assessing greenhouse gas (GHG) emissions. However, the potential, future development of residences on the two (2) subject lots in Zone 1 would include features that tend to offset the carbon footprint of their development. For example, the use of water would continue to be carefully controlled within the Landslide Moratorium Area in the interest of minimizing the infiltration of groundwater as a means to enhance soil stability. Reducing the use of water reduces energy use related to the transport of water. New residences would be constructed to the most current energy efficiency standards of the current Building Code (i.e., Title 24). The development of new homes on the two (2) subject lots in Zone 1 would tend to counteract the negative effects of sprawl by "in -filling" an established residential neighborhood rather than converting raw land to urban use. For all of these reasons, the GHG emissions associated with the proposed project would be less than significant. b) California's major initiatives for reducing climate change or greenhouse gas (GHG) emissions are outlined in Assembly Bill 32 (signed into law in 2006), a 2005 Executive Order and a 2004 Air Resources Board (ARB) regulation to reduce passenger -car GHG emissions. The Global Warming Act of 2006 (AB32) is the overarching law which requires the State to set statewide GHG reduction targets. To achieve these goals, the ARB has established an emissions cap and developed a Scoping Plan to identify mandatory strategies for reducing statewide GHG emissions. In addition, the California Climate Action Team (CAT) was formed which consists of members of various state agencies tasked with identifying strategies to reduce GHG emissions. Several other bills have been passed as a companion to AB32, which include SB1368 (electricity generation standards), SB97 (CEQA analysis for GHGs), Low Carbon Fuel Standards, SB375 (Regional Transportation Planning and GHG emissions), CalGreen building standards and other plans to achieve the goals of AB32. In addition, to regional plans in support of AB32, the City has developed a Green Building Construction Program which serves to reduce GHG emissions through the encouragement of voluntary energy efficient building design and has an Emissions Reduction Action Plan in place. Therefore, project consistency with the applicable implementing plans, policies, and regulations promulgated in support of AB32 goals will be analyzed at the time of development. For this reason, the GHG emissions associated with the proposed project would be less than significant. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 8. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, X use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment X through reasonably 01203.0005/277240.1 Page 18 54 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 foreseeable upset and accident conditions involving the release of hazardous materials into the environ- ment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, 8 X substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 12 X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or 8 X public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a 8 X safety hazard for people residing or working in the r!�ect area? g) Impair implementation of or physically interfere with an adopted emergency 13 X response plan or emergency evacuation Ian? h) Expose people or structures to a significant risk of loss, injury, or death involving 9 X wildland fires, including where wildlands are adjacent to urbanized areas or where 01203.0005/277240.1 Page 19 55 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 residences are intermixed with wildlands? Comments: a -b) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Said potential, future development could also involve up to 1,000 cubic yards of grading. No hazardous materials or conditions are known or expected to exist on any of the subject lots in Zone 1. The potential, future development of these lots is expected to utilize conventional, residential construction methods and materials that would not involve the use or transport of hazardous materials. Therefore, the hazards and hazardous materials impacts of the proposed project are expected to be less than significant. c) The nearest school in the vicinity of the two (2) subject lots in Zone 1 is the Portuguese Bend Nursery School at Abalone Cove Shoreline Park. At its closest point, Zone 1 is less than one-third ('/3) of a mile from the nursery school. d) Neither of the subject lots in Zone 1 are included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. e -f) The subject lots in Zone 1 are not located within two (2) miles of Torrance Municipal Airport or in the vicinity of any private airstrip. g) In 2004, the cities of Rancho Palos Verdes and Rolling Hills Estates adopted a Joint Natural Hazards Mitigation Plan (JNHMP). The purpose of the JNHMP is "to promote sound public policy designed to protect citizens, critical facilities, infrastructure, private property, and the environment from natural hazards." The approval of the proposed project is not incompatible with the purpose of the JNHMP. h) Based upon the most recent maps prepared by the California Department of Forestry and Fire Protection (CalFire), the entire Palos Verdes Peninsula is within a Very High Fire Hazard Severity Zone. The approval of the proposed project will not directly grant any entitlement to develop these lots. The Zone 1 area does abut City- and privately -owned open areas to the north and west. Therefore, in order to reduce the wildfire hazard impacts of the proposed project to less -than -significant levels, the following mitigation measure is recommended: HAZ-1: New, single-family residences and related accessory structures shall be designed to incorporate all fire protection requirements of the City's most recently adopted Building Code, to the satisfaction of the Building Official. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 01203.0005/277240.1 Page 20 56 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 9. HYDROLOGYIWATER QUALITY. Would the project: a) Violate any water quality standards or wastewater X discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local X groundwater (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the X course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river, X or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage X systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially X degrade water quality? g) Place housing within a 100- 8 X 01203.0005/277240.1 Page 21 57 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate map or other flood hazard delineation map? h) Place within a 1 00 -year flood hazard area structures which 8 X would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death involving 8 X flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, 8 X tsunami, or mudflow? Comments: a, c-f)The potential, future development of up to two (2) single-family residences would alter the topography of the subject lots in Zone 1 and increase the amount of impermeable surface area. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Potential, future development will result in changes to the current drainage patterns of the area, as well as the potential for erosion and run-off during construction. The two (2) subject lots in Zone 1 fall within or adjacent to a designated Environmentally Sensitive Area (ESA) that would likely require the review and approval by the City's LID Ordinance consultant. Therefore, in order to reduce the hydrology/water quality impacts of the proposed project to less -than -significant levels, the following mitigation measures are recommended: HYD -1: Any development proposal located within, adjacent to or draining into a designated Environmentally Sensitive Area (ESA) shall require the review and approval by the City's LID Ordinance consultant prior to building permit issuance. HYD -2: If lot drainage deficiencies are identified by the Director of Public Works, all such deficiencies shall be corrected by the applicant. HYD -3: Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. HYD -4: All landscaping irrigation systems shall be part of a water management system approved by the Director of Public Works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. b The potential, future development of up to two (2) single-family residences will not involve or require 01203.0005/277240,1 Page 22 9001 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 the withdrawal of groundwater because water service to these properties will be provided by the California Water Service Company. g -h) There are no Federally -mapped 100 -year flood hazard areas in the City of Rancho Palos Verdes. h) There is no dam or levee anywhere in the vicinity of the two (2) subject lots in Zone 1. i) The two (2) subject lots in Zone 1 do not adjoin an ocean, lake or other body of water, so there is no risk of inundation by seiche, tsunami or mudflow. Furthermore, the lowest elevation of any portion of either lot in Zone 1 is roughly 174 feet above mean sea level (MSL). Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 10. LAND USE/PLANNING. Would the project: a) Physically divide an 8,2 X established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific 1,2 X plan, local coastal plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable Habitat Conservation Plan or 6 X Natural Community Conservation Plan? Comments: a) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. These lots are currently zoned for residential development and are surrounding by residential development immediately to the east and to the south east. Similar to other neighborhoods in the immediate area, the two properties are also surrounding by City -owned preserve areas. b The approval of the proposed project could lead to the potential, future development of up to two (2) 01203 0005/277240.1 Page 23 59 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Underlying zoning designations for the two (2) subject lots in Zone 1 (i.e., RS -1 and RS -2) allow single-family residences as the primary permitted use on the zone. c) See Mitigation Measure BIO -1 above. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would 1 X be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource 1 X recovery site delineated on a local general plan, specific plan, or other land use plan? Comments: a -b) There are no mineral resources known or expected to exist on the two (2) subject lots in Zone 1. In addition, although the approval of the proposed project will not directly grant any entitlement to develop these lots, the approval of the proposed project would also only permit shallow surface excavations less than five feet (6-0") in depth. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards 1 X established in the local general plan or noise ordinance, or applicable 01203.0005/277240.1 Page 24 •l Environmental Checklist Case No. ZON2015-00555 December 3, 2009 standards of other agencies? b) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity X above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project X vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or a 8 X public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose 8 X people residing or working in the project area to excessive noise levels? Comments: a) The City of Rancho Palos Verdes does not have a noise ordinance. However, General Plan Noise Policy No. 5 '(requires) residential uses in the 70 d8(A) location range to provide regulatory screening or some other noise -inhibiting agent to ensure compliance with the noise ordinance." The Noise Levels Contour diagram in the General Plan does not depict the two (2) subject lots in Zone 1 falling with a 70 db(A) noise contour. Therefore, noise impacts upon future residents are expected to be less than significant. b -d) The approval of the proposed project could result in a cumulative total of 1,000 cubic yards of grading and the construction of two (2) single-family residences. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. The addition of up to two (2) new residences will increase ambient noise levels in the area as a result of household and vehicle noise. The large lot sizes of the two subject lots and the presence of existing mature foliage along the private rights - 01203.0005/277240.1 Page 25 61 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 of -way will serve as buffers to the "operational" noise associated with new residences. The movement of soil and the operation of construction equipment have the potential to create short-term construction - related noise and vibration impacts upon nearby sensitive receptors, such as existing single-family residences in Zone 1. Therefore, in order to reduce the construction noise impacts of the proposed project to less -than -significant levels, the following mitigation measure is recommended: N0I-1: Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, 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 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. e -f) The two (2) subject lots in Zone 1 are not located within two (2) miles of Torrance Municipal Airport or in the vicinity of any private airstrip. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 13. POPULATION/HOUSING. Would the project: a) Induce substantial growth in an area either directly (e.g., by proposing new homes or businesses) or indirectly 14 X (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the 8 X construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the 8 X construction of replacement housing elsewhere? Comments: a) The proposed project could result in the construction of up to two (2) new dwelling units on existing 01203.0005/277240.1 Page 26 62 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 residentially zoned properties. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Based upon the 2009 estimates from the State Department of Finance (DOF) of 2.747 persons per household in the City of Rancho Palos Verdes, these new residences would be expected to accommodate five (5) residents. The DOF estimates the 2009 population of the City of Rancho Palos Verdes as 42,800 persons, so the proposed project would result in an increase of less than 0.1%. Furthermore, the most recent Regional Housing Needs Assessment (RHNA) allotment for the City of Rancho Palos Verdes is thirteen (13) additional housing units during the period from 2013 through 2021. The proposed project could increase the number of housing units in the City, but would not exceed the total units allocated to the City by the Southern California Association of Governments (SCAG) for the current reporting period. Therefore, the population and housing impacts of the proposed project are expected to be less than significant. b -c) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. No existing housing or persons would be displaced as a result of the proposed project. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 14. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: i) Fire protection? X ii) Police protection? X iii) Schools? X iv) Parks? X v) Other public facilities? X 01203.0005/277240.1 Page 27 63 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 Comments: a) The estimated population of the two (2) new residences that could result from the proposed project is five (5) persons, which amounts to less than 0.1 % increase in the City's 2009 estimated population of 42,800. This small increase in population is not expected to place significant additional demands upon public safety services (i.e., fire and police) or other public services (i.e., parks, libraries, etc.). As standard requirements of the construction of new residences, applicants will be required to pay fees to the Palos Verdes Peninsula Unified School District (PVPUSD). In addition, the approval of the proposed project will not directly grant any entitlement to develop these lots. Therefore, the public services impacts of the project are expected to be less than significant. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 15. RECREATION. a) Would the project increase the use of neighborhood and regional parks or other recreational facilities such X that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational X facilities, which might have an adverse physical effect on the environment? Comments: a) The proposed project is expected to potentially increase the City's population by five (5) persons. Although this amounts to less than a 0.1 % population increase (based upon 2009 estimates), additional residents will place some additional demands on the City's recreational facilities. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Therefore, these impacts upon the use of recreational facilities are expected to be less than significant. b) The proposed project would not include or allow for the development of recreation facilities, based upon the underlying zoning of the two (2) subject lots in Zone 1. 01203.0005/277240.1 Page 28 M Environmental Checklist Case No. ZON2015-00555 December 3, 2009 01203.0005/277240.1 Page 29 65 Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 16. TRANSPORTATIONITRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a 7 X substantial increase in either the number of vehicle trips, the volume -to -capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a level of service standard established by the county congestion 7 X management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic X levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or X dangerous intersections) or incompatible uses (e.g. farm equipment)? e) Result in inadequate 13 X emergency access? f) Result in inadequate parking 11 X capacity? g) Conflicts with adopted policies, plans, or programs supporting alternative trans- 21,22 X portation (e.g. bus turnouts, bicycle racks)? 01203.0005/277240.1 Page 29 65 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 Comments: a -b) The two (2) subject properties are currently zoned for single-family residential development, and are existing legal lots, however due to the City's current moratorium on development, the lots have remained undeveloped with residential uses. If the properties were to be developed with new residential structures, the total number of new homes within Zone 1 would be two new (2) homes. Based upon the current 9th Edition ITE Trip Generation Manual (Land Use 210, Single -Family Detached Housing, pp. 295- 331), the development of two (2) new single-family residences on the two lots in Zone 1 is expected to result in nineteen (19) additional average daily trips, two (2) additional AM peak -hour trips and two (2) additional PM peak -hour trips. With respect to construction traffic, the two (2) undeveloped lots in Zone 1 are owned by two (2) separate private individuals or entities. Furthermore, the approval of the proposed project will not directly grant any entitlement to develop these lots. Therefore, the transportation/traffic impacts of the project are expected to be less than significant. c) The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. The construction of these residences will have no impact upon air traffic patterns. d -e) The proposed project does not include any modifications to existing public or private rights-of- way or changes in current land -use patterns that would create or increase hazardous conditions or hamper emergency access in and to Zane 1 and the Portuguese Bend community. f) Pursuant to Section 17.02.030.E of the Rancho Palos Verdes Municipal Code, new single-family residences are required to provide enclosed, off-street parking for two (2) vehicles for residences with less than five thousand square feet (<5,000 SF) of living area, and for three (3) vehicles for residences with five thousand square feet or more (>5,000 SF) of living area. Although the approval of the proposed project will not directly grant any entitlement to develop these lots, new residences on the two (2) subject lots in Zone 1 will be required to provide sufficient off-street parking to meet these requirements. g) The two (2) subject lots are located in a semi -rural area that abuts a City -owned nature preserve known as the Palos Verdes Nature Preserve (Preserve) with existing public trails. Additionally, both properties are located adjacent to the Portuguese Bend Community Association, which is a private, gated community to the east of the two (2) subject lots where residents access the public trails in the Preserve in two locations. The City has identified potential trail connection opportunities across the two subject lots to the existing Pony Trail, Ford Trail and Barkentine Trail within the City's nature preserve. These trails are identified in the Preserve Trails Plan (PTP), a component of the council -adopted Palos Verdes Nature Preserve Public Use Master Plan. In order to provide a much needed trail connection between the Preserve and the Portuguese Bend Community Association, the Point View and Plumtree property owners would need to dedicate trail easements across their properties. The two (2) subject lots are identified in the City's Conceptual Trails Plan as lots that can provide trail connections for the residents in the Portuguese Bend Community Association to the existing trails throughout the City's Nature Preserve, and conversely, from the City's Nature Preserve to Palos Verdes Loop Trail and Coastal Trail located along Palos Verdes Drive South. There are three conceptual trails identified across the Point View property referred to as: 1) Three Sisters Segment (multi-purpose), 2) Annie's Flowers Stand (Multi- purpose), and 3) Pony Trial (Pedestrian/Equestrian). The Plumtree property has two conceptual trails identified that are referred to as: 1) Jack's Hat (pedestrian/equestrian) and 2) Vanderlip Segment (multi - 01203.0005/277240.1 Page 30 • • Environmental Checklist Case No. ZON2015-00555 December 3, 2009 purpose). Some of these trail segments have been partially established within the Preserve. While these trail segments are identified in the City's Conceptual Trails Plan, the trails are not established through legal easements for use by the public on these two properties. Additionally, these trail segments can only be utilized by the public if each property owner grants easements across their respective properties and the trails are improved. While dedication of these easements from the property owners is voluntary, it is encouraged to complete connection gaps within the City's established trail system. Furthermore, Staff would work with the property owners to consider implementation of said trails with minimal impacts to the buildable areas of these properties should the property owners decide to dedicate trail easements to the City. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 17. UTILITIES/SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional 15, 10 X Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of 15, 10 X existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing 15, 10 X facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing X entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment 15,10 X provider which serves or may serve the project that it 01203 0005/277240.1 Page 31 67 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local statures and X regulations related to solid waste? Comments: a -c, e) The City has constructed a sanitary sewer system that serves the lots in Zone 2 and other areas of the Portuguese Bend community (i.e., the Abalone Cove Sewer System), which is located adjacent to the subject parcels. The purpose of constructing the Abalone Cove system was to reduce the amount of groundwater within the Landslide Moratorium Area by eliminating the use of private septic systems, with the ultimate goal of slowing or stopping land movement. According to the EIR prepared for the project, the Abalone Cove system was originally intended to serve one hundred ten (110) developed and forty-six (46) undeveloped lots in the Abalone Cove area or the Portuguese Bend community, which includes lots in Zone 1. As such, the potential future development of up to two (2) new residences in Zone 1 could be consistent with the designed sewer system capacity, although the approval of the proposed project will not directly grant any entitlement to develop these lots and an Area Sewer Study would be required to determine if modifying the system to accommodate the additional waste generated through the proposed developments would need to be performed. The Area Study would need to include the design capacity of the entire Abalone Cove System including undeveloped lots to determine if the proposed developments would result in any Abalone Cove or Sanitation District facility capacity issues. The City's Public Works Department has recently confirmed, as a part of the update to the City's Sewer Master Plan, that the Abalone Cove system does have adequate capacity to serve the existing lots served by the system; however, the addition of the proposed two (2) lots were not included in the study. Nevertheless, in order to reduce the utilities/service systems impacts of the proposed project to less -than - significant levels, the following mitigation measures are recommended: UTL-1: If the Director of Public Works determines that the sanitary sewer system cannot accommodate a new connection at the time of building permit issuance, the project shall be connected to a City -approved holding tank system until such time as the sanitary sewer system can accommodate the project. In such cases, once the sanitary sewer system becomes available to serve the project, as determined by the Director of Public Works, the holding tank system shall be removed, and the project shall be connected to the sanitary sewer system. UTL-2: If the project involves additional plumbing fixtures, or additions of habitable space which exceed two hundred square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved 01203.0005/277240.1 Page 32 [sloe] Environmental Checklist Case No. ZON2015-00555 December 3, 2009 holding tank systems in which to dispose of on-site waste water. The capacity of the required holding tank system shall be subject to the review and approval of the City's Building Official. Forthe purposes of this mitigation measure, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture. For those projects which involve additions of less than two hundred square feet in total area and which are not to be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a covenant specifically agreeing that the addition of the habitable space will not be used for those purposes. Such covenant shall be submitted to the Director for recordation prior to the issuance of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or after July 6, 2000, additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception permit is approved, the requirement for a holding tank may be waived prior to building permit issuance, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to Section 15.20.110 of the Rancho Palos Verdes Municipal Code, or by an agreement or condition of project approval. UTL-3: If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the City. Such covenant shall be submitted to the Director prior to the issuance of a building permit. UTL-4: If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the City a sewer and storm drain easement on the subject property, as well as any other easement required by the City to mitigate landslide conditions. Such covenant shall be submitted to the Director prior to the issuance of a building permit. UTL-5: If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of a building permit for the project that is being approved pursuant to the issuance of a moratorium exception permit. 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 capacity in both the Abalone Cove Sewer System and within the existing Sanitation District systems exists. d) California Water Service Company (Cal Water) provides the City's water service. Given that the proposed project could potentially increase the number of households and persons in the City by less than 0.1 %, the increase in demand for water attributable to this project is expected to be minimal compared to the amount of water used in the Cal Water service area. In addition, the approval of the proposed project will not directly grant any entitlement to develop these lots. Individual property owners would be responsible for connecting to existing water -distribution facilities in the area, including the costs of making such connections. As such, the water supply impacts of the proposed project are expected to be less -than -significant. f-) The proposed project could result in the construction of up to two 2 new dwelling units, which 01203.0005/2772401 Page 33 W Environmental Checklist Case No. ZON2015-00555 December 3, 2009 equates to less than 0.1% increase in the number of dwelling units in the City (based upon 2009 estimates). The two (2) subject lots in Zone 1 have access to solid waste disposal services through existing City contracts with residential waste haulers. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. Given the limited potential scope of the proposed project, the solid waste disposal impacts are expected to be less -than -significant. Less Than Issues and Supporting Potentially Significant Less Than No Information Sources Sources Significant with Significant Impact Impact Mitigation Impact Incorporated 18. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant X or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Comments: The proposed project, with mitigation measures identified in this Initial Study/Mitigated Negative Declaration, will not degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; or reduce the number or restrict the range of a rare or endangered plant or animal. The proposed project will not eliminate important examples of the major periods of California history or pre -history. Impact were identified in the following sections, however the following mitigation measures identified in the preceding sections reduce all impacts to a less than significant level: - Aesthetics Mitigation Measures AES 1-6 - Air Quality Mitigation Measures AIR 1-2 - Biological Resources Mitigation Measure BIO 1 - Cultural Resources Mitigation Measures CUL 1-3 01203.00051277240.1 Page 34 70 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 - Geology/Soils Mitigation Measures GEO 1-4 - Hydrology/Water Quality Mitigation Measures HYD 1-4 - Noise Mitigation Measure NOI 1 - Utilities/Service Systems Mitigation Measures UTL 1-6 No impact or impacts that were identified as less than significant were found in the following sections, whereby mitigation is not required: - Greenhouse Gas Emissions - Hazards & Hazardous Materials - Land Use Planning - Population/Housing - Public Services - Recreation - Transportation/Traffic b) Does the project have impacts that are individually X limited, but cumulatively considerable?4 Comments: The approval of the proposed project could lead to the potential, future development of up to two (2) single-family residences on lots within Zone 1, both of which have remained undeveloped with residential structures since the lots were legally created. However, the approval of the proposed project will not directly grant any entitlement to develop these lots. On an individual basis, the development of a single- family residence on an existing lot would not be expected to have any adverse impact upon the environment. While the cumulative effects of the near -simultaneous development of up to two (2) such residences may have significant adverse effects, it should be noted that the two (2) subject lots in Zone 1 are owned by two (2 separate private individuals or entities. Since the subject lots are owned by different individual owners, they are very unlikely to be developed concurrently, but rather on a piecemeal basis over a period of several years. Furthermore, with the imposition of the recommended mitigation measures identified in this Initial Study/Mitigated Negative Declaration, these potential cumulative impacts will be reduced to less -than -significant levels. Impact were identified in the following sections, however the following mitigation measures identified in the preceding sections reduce all impacts to a less than significant level: - Aesthetics Mitigation Measures AES 1-6 - Air Quality Mitigation Measures AIR 1-2 - Biological Resources Mitigation Measure BIO 1 - Cultural Resources Mitigation Measures CUL 1-3 - Geology/Soils Mitigation Measures GEO 1-4 - Hydrology/Water Quality Mitigation Measures HYD 1-4 4 "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects. 01203.0005/277240.1 Page 35 71 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 - Noise Mitigation Measure NOI 1 - Utilities/Service Systems Mitigation Measures UTL 1-6 No impact or impacts that were identified as less than significant were found in the following sections, whereby mitigation is not required: - Greenhouse Gas Emissions - Hazards & Hazardous Materials - Land Use Planning - Population/Housing - Public Services - Recreation - Transportation/Traffic c) Does the project have environmental effects which will cause substantial X adverse effects on human beings, either directly or indirectly? Comments: As discussed above, all potentially -significant environmental effects of the proposed project can be mitigated to less -than -significant levels. Therefore, the proposed project will have no substantial adverse effects on human beings, either directly or indirectly. 19. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify and state where they are available for review. Comments: A Supplemental Environmental Impact Report (SEIR) was prepared for the Abalone Cove Sewer System in 1996. A supplement to the SEIR was subsequently prepared in 1998. Copies of these documents are available for review at the Public Works Department of the City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275. These documents were utilized as source of background data related to the installation of the Abalone Cove Sewer System, but not as a basis for the analysis of the environmental impacts of the proposed "Zone 1 Landslide Moratorium Ordinance Revisions." 01203.0005/277240.1 Page 36 72 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Comments: Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Comments: Not applicable. Authority: Public Resources Code Sections 21080, et seg. 20. SOURCE REFERENCES. 1 City of Rancho Palos Verdes, Rancho Palos Verdes General Plan, and associated Environmental Impact Report. Rancho Palos Verdes, California as amended through August 2001. 2 City of Rancho Palos Verdes Zoning Map 3 South Coast Air Quality Management District. CEQA AIR Quality Handbook. Diamond Bar, California: November 1993 (as amended). 4 Official Maps of Seismic Hazard Zones provided by the Department of Conservation of the State of California, Division of Mines and Geology 5 City of Rancho Palos Verdes Archeology Map. 6 City of Rancho Palos Verdes, Natural Communities Conservation Plan. Rancho Palos Verdes, California as adopted August 2004 7 Institute of Traffic Engineers, ITE Trip Generation, 901 Edition. 8 City of Rancho Palos Verdes Geographic Information System (GIS) database and maps 9 State of California, Department of Forestry and Fire Protection, Very High Fire Hazard Severity Zone Maps. Sacramento, California, accessed via website, March 2008 10 Email correspondence with Senior Engineer Ron Dragoo (December 2, 2015) 11 City of Rancho Palos Verdes Municipal Code 12 Hazardous Waste and Substances Site List (i.e., "Cortese List") 13 Cities of Rancho Palos Verdes and Rolling Hills Estates Joint Natural Hazards Mitigation Plan 14 City of Rancho Palos Verdes General Plan Housing Element 15 Abalone Cove Sewer System Supplemental Environmental Impact Report 16 York Point View Properties Legal Description, prepared by Licensed Land Surveyor Rory S. Williams, L.S. No. 6654 (December 3, 2008) 17 Point View Master Plan Final Initial Study / Mitigated Negative Declaration, City of Rancho Palos Verdes, prepared by PCR Corporation, January 2013 18 Biology Reports for Plum Tree PV Associates, LLC, prepared by Natural Resource Consultants in 2007, 2009, and 2010 19 Letter Re. protected species on Plum Tree PV Associates, LLC property, "State of 01203.0005/277240.1 Page 37 73 Environmental Checklist Case No. ZON2015-00555 December 3, 2009 ATTACHMENTS: Mitigation Monitoring Program reflecting the Mitigation Measures will be prepared for final approval upon completion of the IS/MND comment period. 01203.0005/277240.1 Page 38 74 California — The Resource Agency — Department of Fish and Game", South Coast Region (5), prepared by Stephen M. Juarez — Environmental Program Manager, September 9, 2009 20 Letter Re. protected species on Plum Tree PV Associates, LLC property, "United States Department of the Interior — Fish and Wildlife Services," Ecological Services, Carlsbad Fish and Wildlife Office, prepared by Karen A. Goebel — Assistant Field Supervisor, September 8, 2009 21 City of Ranch Palos Verdes, Palos Verdes Nature Preserve Public Use Master Plan (PUMP), adopted April 2, 2013 22 City of Rancho Palos Verdes, Conceptual Trails Plan, Revised September 7, 1993 ATTACHMENTS: Mitigation Monitoring Program reflecting the Mitigation Measures will be prepared for final approval upon completion of the IS/MND comment period. 01203.0005/277240.1 Page 38 74 City Council CAI R Staff Report (March 3, 2015) Includes Dr. Perry Ehlig's Memo 75 Lt%*,t CITYOF MEMORANDUM RANCHO PALOS VENDED COMMUNITY DEVELOPMENT DEPARTMENT TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: JOEL ROJAS, COMMU T EVELOPMENT DIRECTOR DATE: MARCH 3, 2015 SUBJECT: CODE AMENDMENT INITIATION REQUEST TO AMEND THE CITY'S LANDSLIDE MOARTORIUM ORDINANCE (CHAPTER 15.20) TO CREATE A NEW MORATORIUM EXCEPTION CATEGORY THAT WOULD ALLOW VACANT UNDEVELOPED PARCELS IN ZONE 1 TO BE DEVELOPED WITH SINGLE FAMILY RESIDENCES REVIEWED: CAROLYN PETRU, DEPUTY CITY MANAGER® RECOMMENDATION Direct Staff to initiate the proposed code amendment so that notification of the proposal can be provided to the surrounding property owners and the issues associated with the proposal can be vetted by the City Council through duly noticed public Council meetings. BACKGROUND In 2009, the City acquired 160 acres of open space from York Long Point Associates (the Upper Filiorum property) for inclusion into the City's Palos Verdes Nature Preserve. Excluded from the acquisition was approximately 29 acres of open space, referred to by York Long Point Associates as the Plumtree Parcel, lying between the Upper Filiorum property and the developed Portuguese Bend community (see attached aerial). The 29 - acre Plumtree parcel was carved out from the greater Upper Filiorum property by Mr. York because he felt it had a higher development potential and conversely a higher land value. Ultimately, it was excluded from the City's acquisition because the City and PVPLC did not have the funds to also purchase this property. Sometime in 2010, the partners of York Long Point Associates divided their respective interests resulting in the ownership of the Plumtree property by Plum Tree PV Associates, headed by former City of L.A. Mayor Richard Riordan. At around that time, the property owner filed a Moratorium Exclusion application with the City to exclude the Plumtree property from the City's Moratorium Ordinance so that the property could 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 76 PLANNING & CODE ENFORCEMENT DIVISION (310) 544-5228 / BUILDING & SAFETY DIVISION (310) 265-7800 / DEPT. FAX (310) 544-5293 C_MAII DI ANNIN(1--DD\/04lM / 1AAAAA)DAIOQ\/CDfICQ(V1M/DD\/ possibly be developed with a 21 -lot residential subdivision. As a result, geotechnical reports were prepared on behalf of the owner and submitted to the City's Geologist (Jim Lancaster) for review and approval. In June 2012, the City was notified by the Plum Tree PV Associates that they intended to pursue a 12 -lot subdivision instead of a 21 -lot subdivision. In January 2013, the property owner notified the City that they had decided to pursue development of only one residence on the property. Given that approval of a Moratorium Exclusion was still necessary to develop even one home on the 29 -acre property, the property owner continued to pursue approval of the geology reports that they had submitted previously to the City. In November 2014, the City Geologist conceptually approved the property owner's submitted geology reports in support of their Moratorium Exclusion request. According to the City Geologist, the submitted geology reports demonstrate that a portion of the property measuring approximately 2,500 square feet in area (.06 acres) could be excluded from the landslide moratorium area, since the area could be stabilized to a Factor of Safety of at least 1.5, provided approximately 140,000 cubic yards of remedial grading is performed. The remedial grading would involve excavating down to the lower limit of the landslide, which is approximately 150 feet below the surface at that location, and then rebuilding the area with compacted fill. On December 11, 2014, Staff received the attached letter from Mr. Riordin, Manager of Plum Tree PV Associates, requesting that the City Council consider amending the City's Landslide Moratorium Ordinance to allow them to build one single family residence on their 29 -acre parcel without having to perform the 140,000 cubic yards of remedial grading that would be required to build the same residence under the Moratorium Exclusion process. The requested Code Amendment initiation request is being presented to the City Council for consideration this evening. DISCUSSION The City's Moratorium Exclusion Process Under the current Landslide Moratorium Ordinance, the only way a non -Monks -lot property owner can develop a new single family residence on a vacant legal lot within the Landslide Moratorium Area is to successfully "exclude" said lot from the moratorium with City Council approval of a Moratorium Exclusion request. Pursuant to Municipal Code Section 15.20.100, the 3 findings that the City Council must successfully make to approve an exclusion request are summarized as follows: 1) The exclusion is consistent with the general plan and any other applicable specific plan of the City; 2) The exclusion promotes the health, safety and welfare of the community; and 3) The exclusion shall not aggravate any existing geologic conditions in the area. The City Geologist has found the applicant's geotechnical reports to be acceptable from a geologic and geotechnical perspective to exclude a 2,500 square foot portion of the 77 29 -acre Plumtree Property from the City's Moratorium, thus agreeing that the proposed Exclusion would not aggravate any existing geologic conditions in the area (finding No. 3 above). The City Geologist's approval is attached. While the City Council must affirm this finding and make the additional two findings, this in -concept geologic approval is a major step for the applicant in successfully obtaining approval of the sought after exclusion request. As stated above, the conceptually approved geology reports demonstrate that a 2,500 square foot portion of the 29 -acre Plumtree property could be stabilized to a Factor of Safety of at least 1.5 provided approximately 140,000 cubic yards of remedial grading is performed. The remedial grading would involve excavating down to the lower limit of the landslide, which is approximately 150 feet below the surface at that location, and then rebuilding the area with compacted fill. Given the potential environmental impacts to surrounding residences that could result from such grading work, Staff believes that an EIR needs to be prepared prior to presenting the Plumtree Property Moratorium Exclusion Request to the City Council for consideration. The Applicant's Proposal Concerned with the prospect of having to perform 140,000 cubic yards of remedial grading work simply to build one residence, the applicant is petitioning the City Council to consider amending the City's Moratorium Ordinance so that they can apply for a Moratorium Exception Permit to build one residence on their property (located within Zone 1) under the same exact restrictions that the Monks plaintiffs are held to for developing their vacant lots in Zone 2. As noted in the attached letter, the main rationale for their request is that they would end up with the same result (one new residence) while avoiding having to perform 140,000 cubic yards of grading and thus greatly reducing the construction impacts upon the Portuguese Bend community. Applicability of Proposal to Zone 1 Based on Dr. Perry Ehlig's May 26, 1993 memo (attached), where he divided the Moratorium Area into 8 zones, the entirety of the 29 -acre Plumtree Property is located in Zone 1 In his memo, Dr. Ehlig describes Zone 1 as "unsubdivided land unaffected by large historic landslides and located uphill or to the west of subdivided areas." Since the majority of Zone 1 is now City owned Preserve land, Staff believes that there are only two privately owned undeveloped legal lots in Zone 1 that could be developed with a single family residence. These two properties are the 29 -acre Plumtree property and the approximate 60 acres of the 95 -acre Point View property that lie within the Landslide Moratorium Area. Thus, if the City Council is inclined to initiate the proposed code amendment, Staff believes that rather than applying the code amendment to a specific lot, that it be applied to all undeveloped legal lots that are located entirely within Zone 1. In addition, given the topography and geology of the area, it may be beneficial to establish a minimum lot size for such a proposal to be considered, such as 25 acres, as an example. Furthermore, a prohibition of any future subdivision of a parcel that takes advantage of the proposed Moratorium Exemption category can also be imposed. • It should be noted that according to the L.A. County Assessor's maps, the 95 -acre Point View property is made of four parcels (two of which exceed 25 acres) and the 7 -acre Vanderlip Estate property (which is also in Zone 1) is made up of two parcels that total approximately 7 acres. As a result, Staff will need to confirm that these parcels are simply tax parcels as opposed to individual legal lots, so that the Council and the surrounding community will understand the maximum number of undeveloped properties that could be developed if this proposal were approved by the City Council. Basis for Staff's Recommendation Staff believes that the City Council should initiate the proposed code amendment for the following reasons: 1) While the request would clearly benefit the Plum Tree Property owner, as they would avoid having to perform 140,000 cubic yards of remedial grading that would be very expensive and could make the project infeasible, the request also would have public benefit, because it would avoid months of noise, dust, vibration and truck impacts to the Portuguese Bend community. 2) Given that the applicant has secured in -concept approval from the City Geologist for the proposed remedial grading associated with their Moratorium Exclusion request, it is possible that the property may be sold do a different property owner who may be interested in pursuing a larger Exclusion area to accommodate a possible subdivision of the property. However, it should be pointed out that under the City's existing Code, the Moratorium does not allow for the processing of subdivision requests. 3) The City Geologist has verbally informed Staff that adding two (or three if Staff confirms that there are two legal lots greater than 25 acres as part of the Point View property) new residences to Zone 1 with no remedial grading whatsoever would not have a detrimental impact on the stability of the area provided the same restrictions that are currently applied to development of the Monks lots are also imposed. 4) A new residence on both the Plumtree Property and the Point View property could be connected to the existing sewer system, and it appears possible to direct all new runoff from both properties away from Portuguese Bend community streets. 5) It will allow Staff and the City Council to fully vet the proposal with the public at duly noticed public City Council meetings. If initiated, Staff would provide notice of the proposal to all property owners within Zone 1, all property owners within 500 feet of Zone 1, the Portuguese Bend Community Association and any other interested parties so that they will have the opportunity to provide feedback on the proposal to the City Council during the public meetings. In addition, if initiated, Staff will consult with the City Attorney and identify the appropriate CEQA review for the proposal. 79 CONCLUSION For the reasons described in this Staff Report, Staff recommends that the City Council initiate a proposed code amendment that could result in an amendment to the City's landslide Moratorium Ordinance to create a new Moratorium Exception Category that would allow vacant parcels in Zone 1 to be developed with single family residences. FISCAL IMPACT Initiating the proposed Moratorium Ordinance amendment will have no fiscal impact as the Staff time associated with assessing the proposal is covered by the City's current budget. ALTERNATIVES In addition to Staffs recommendation, the following alternatives are available for consideration by the City Council: 1) Identify issues with the proposal and continue discussion of the Code Amendment Initiation Request to a future City Council meeting; 2) Determine not to initiate the proposed code amendment. Attachments • Aerial of Plumtree Property • Letter from Mr. Richard Riordin • City Geologist approval letter • Dr. Perry Ehlig's May 26, 1993 memo Plum Tree PV Associates, LLC RECEIVED 141 N. Bristol Avenue, Los Angeles, California 90049 (310) 472-5070 (310) 471-7846 - Fax f►(' 1 `I 2014 December 8, 2014 Mr. Joel Rojas Director of Community Development City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 COMMUNITY DEVELOPMENT DEPARTMENT RE: Request to City Council to Amend the Moratorium on Land Use Permits Dear Mr. Rojas: This letter is to make a request to the City Council of the City of Rancho Palos Verdes ("City Council") to amend the Moratorium on Land Use Permits, Chapter 15.20 of the City of Rancho Palos Verdes Municipal Code, to create a new moratorium exception category that would allow Plum Tree PV Associates, LLC ("Plum Tree") to apply for an exception permit and build one residence on a 29 -acre lot. We believe the amendment requested would be appropriate for the reasons discussed below. Plum Tree is the owner of 29 acres in the Palos Verdes Peninsula. After several amendments to its plans due to the development restrictions, Plum Tree's current plan is to build one single residence on 2.2 acres of the entire 29 -acre parcel. This plan is consistent with the surrounding residents' goal of maintaining the natural character of the area. The amendment of the Code to allow Plum Tree to apply for an exception permit will also avoid potential negative impacts to the neighborhood. If Plum Tree seeks an exclusion under Section 15.20. 100 of the Code, Plum Tree may be required to grade in excess of 100,000 cubic yards to demonstrate that the land is stable. However, if a new exception category is created with the same restrictions contained in exception category P (The Monks' Plaintiffs Category), the grading for development of one residence on our 29 -acre lot would be limited to a maximum of 1,000 cubic yards. The limited grading will greatly reduce the temporary construction impacts of noise, vibration, and dust emitted to the neighborhood and the unsettlement of the Peninsula residents. Mr. Joel Rojas December 8, 2014 Page Two If the City Council agrees to amend the Municipal Code to grant Plum Tree the right to apply for an exception permit similar to the right granted to the plaintiffs of the case Monks v. City of Rancho Palos Verdes, 167 Cal. App. 4 1 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008), consistent with Section 15.20.040 P, if and when said exception permit is granted, Plum Tree will timely comply with the permit application requirements under Section 15.20.050 (Landslide Mitigation Measures Required) that are intended to minimize impacts to the landslide. Furthermore, once the moratorium exception permit is granted, Plum Tree will abide by all of the City's applicable plan requirements such as neighborhood compatibility review, drainage review, and building code review. Please let us know if you have any questions regarding our request or if you need additional information to provide us a positive response. Sincerely, 41ichard J. nor, Manager Category 5 P.N. 97052-1837 CITY OF RANCHO PALOS VERDES GEOTECHNICAL INVESTIGATION RESPONSE REVIEW CHECKLIST Date Received: November 20, 2014 Date Completed: November 26, 2014 Date of Response: November 14, 2014 Consultant: Ginter & Associates, Inc. Their Job No.: 111-06 Date of Response: September 26, 2014 Prior Review: October 16, 2014 Date of Update Report: June 2014 July 7, 2014 Date of Response: January 25, 2013 February 25, 2013 Date of Report: May 25, 2012 July 17, 2012 Applicant Name: Plum Tree P.V. Associates, LLC Legend: N =No Site Address: Plum Tree Development Y =Yes Rancho Palos Verdes, California Lot /Tract No.: A. P.N.: 7581-023-037 Proposed Project: Project has change to the development of one estate lot, report provided is to determine if the proposed project is acceptable from a geologic and geotechnical perspective to exclude the project from the RPV Landslide Moratorium by grading. Continents: The review provided is to help determine if the proposed project is feasible and that geologic hazards can be eliminated so that the project can be excluded/removed from the RPV Landslide Moratorium (15.20.100 Exclusion.). As such question and review comments were presented to determine feasibility. Some items not related to feasibility will be allowed to be deferred - * on July 17, 2012 review. • Geotechnical Response: Y1N Responsive to checklist comments Y/N Grading/foundation plans changed as a result of response Recommended Actions: X In Concept Approval for Planning Purposes _^ Additional Input Required Items requiring response/further evaluation: 111111111110re MW Additional Comments/Conditions of Approval (no response required): 2. The consultant's report is acceptable from a geologic and geotechnical perspective to exclude the proposed as -built project from the RPV Landslide Moratorium as set forth under Section 15.20. 100 ofthe RPV Municipal Code. Geotechnically for an exclusion to be processed it must be demonstrated that the exclusion shall not aggravate any existing geologic condition in the area, however, if excluded the final mitigated site configuration must have a factor of safety of 1.5 as required by 15.18. 100 Section 11 IA.2 and the consultant shall provide a Safety Hazard statement as required by 15.18.090 Section 107A.3 of the Rancho Palos Verdes Municipal Code. Prior to permit issuance the following should be completed: 3. The applicant shall complete all conditions as set forth in Section 15.20. 100 of the RPV Municipal Code. 4. Please provide a complete geotechnical 40 scale grading plan review report based on an engineered grading plan, when available. The results of subsurface investigation and laboratory testing should be included, along with detailed geologic cross sections depicting sequence of grading, temporary cuts, recommended setbacks, property lines, and adjacent structures. 5. A foundation plan review shall be provided prior to the issuance of building permits. Recommendations for erosion/drainage, expansive soils, soil/rock creep; sulfate soils; retaining walls, slabs, flatwork, seismic design parameters, driveway and pools and spas shall be provided if appropriate. 6. Note to City Staff: Staff should confirm that the Consultants (C.E.G. and R.C.E./G..E.) have signed the final dated grading/ foundation plans, thereby veriA ing the plans geotechnical conformance with the Consultant's original report and associated addenda. S:lprgieels\1997\97082',97082-1837 5th Revietiv 1144.doc Plum Tree Development 84 Category 5 P.N. 97082-1837 CITY OF RANCHO PALOS VERDES GEOTECHNICAL INVESTIGATION RESPONSE. REVIEW CHECKLIST 7. An as built geotechnical report should be prepared by the project geotechnical consultant following remedial grading of the subject site. The report should include the results of all field density testing, depth of reprocessing and recompaction, as well as a map depicting the limits of grading, locations of all density testing, and geologic conditions exposed during grading/excavation. The report should include conclusions and recommendations regarding applicable setbacks, foundation recommendations, slope stability, erosion control and any other relevant geotechnical aspects of the site. Limitations: Our review is intended to determine if the submitted report(s) comply with City of Rancho .Palos Verdes Codes and generally accepted geotechn ical practices within the local area. The scope of our services for this third party review has been limited to a brief site visit and a review of the above referenced report and associated documents, as supplied by the City of Rancho Palos Verdes. Re -analysis of reported data and/or calculations and preparation of amended construction or design recommendations are specifically not included within our scope of services. Our review should not be considered as a certification, approval or acceptance of the consultant's work, nor is it meant asa cceptance of lis i ' for final design or construction recommendations made by the geotechnical consultant of Mc rrd or project aig or engineers. BY: __ _. �._ {--r till,_ Maes . Lancaster, Jr., C.E.G. #27 Expires 6/30/16 Henry F. Kling, G.E. 2205, Expires 3/31/16 KONG CONSULTING GE 61i 7 , INC. KLING CONSULTING GROUP, INC. "a S:1prc�jects`E1997'97082197082-1837 5th Review 11-14.doc Plum `tree Development 85 TO: Trent Pulliam, Director of Public Works May 26, 1993 City of Rancho Palos Verdes FROM. Perry L. Ehlig, City Geologist SUBJECT: Suggested Guidelines for Permitting Development in the Moratorium Area ES ABLISRI XT OF MO IIORIU-F? ZONES For the purpose of these guidelines, the Moratorium area is divided into the eight zones listed below and shown on the Moratorium Map. Zone 1 - Unsubdivided land unaffected by large historic landslides and located uphill or to the west of subdivided areas. (about 550 acres) Zone 2 - Subdivided land unaffected by large historic landslides. (about 130 acres) Zone 3 - Unsubdivided land unaffected by large historic landslides and located seaward of Sweetbay Road. (about 15 acres) Zone 4 - Land affected by the Klondike Canyon landslide and adjacent land included in the Klondike Canyon Geologic Lazard hbatement District. (about 100 acres) Zone 5 -- band affected by the Abalone Cove landslide and adjacent land where minor ".; movement has occurred due to loss of lateral support. Gout 90 acres) Zone 6 - The uphill, westerly and central parts of the Portuguese Bend landslide, where movement can be stopped through mitigation without requiring shoreline protection. (about 210 acres) Zone 7 - The seaward part of the Portuguese Bend landslide where control of movement requires shoreline protection. (about 75 acres) Zone B - Land affected by the Flying Triangle landslide including immediately adjacent land. (about 25 acres) DESCRXP`I'IONS OF ZONES At, SUGGESTRO GUIDELINES FOR PERMITTING DEVELOPMENT ZONE 1 Zane 1 includes about 550 acres of undeveloped land. Most is within the uphill Part of a large ancient landslide that was last active about 100,000 years ago. Landslide topography is modified by erosion of canyons, filling of slide depressions and smoothing and flattening of slide scarps. Zone 1 contains some broad areas where slopes are less than 5:1 (horizontal to vertical) but the majority of the area has slopes ranging between 5:1 and 2:1. Slopes steeper than 2:1 occur locally along the sides of canyons. W Memo of 5/26/93 from P. Ehlig to T. Pulliam, page 2. The large ancient landslide does not underlie all of Zone 1. band adjoining Palos Verde$ Drive South in the southwest part of the zone is unaffected by sliding and probably has a factor of safety in excess of 1.50. Land in the eastern part of the zone is also outside of the large landslide but it contains local landslides. Extensive geotechnical studies have been conducted throughout Zone 1. Major goals of the studies include (1) locating and determining the configuration of the deepest slide planes (2) determining ground water conditions beneath the area, and (3) analyzing the stability of the ancient landslide, and (4) evaluating methods of improving the areas stability. Geotechnical studies are essentially complete in the eastern half of Zone 1 but more are needed in the western half. Suggested Guidelines 1. Any land in Zone Z which can be shown to have a safety factor of 1.5 or greater in regard to landsliding, or is correctable to a factor of safety of 1.5 through remedial grading, and will upon development have no adverse impact on the stability of adjacent land, shall be granted an exception for habitable development upon completion of all necessary remedial words. (This is consistent with existing City code.) 2. Any land in Zone 1 which can be shown to have a safety factor between 1,30 and 1.50 in regard to the large ancient landslide and has a factor of safety of 1.50 or greater in regard to local slope stability shall be granted an exception for habitable development providing it meets all other requirements in guideline 1 (above) and the following stipulations; a. A network of monitoring and producing wells must be installed in accordance with a plan approved by the Rancho Palos Verdes Redevelopment Agency (RDA). b. A covenant must be attached to each deed agreeing to participate in the Abalone Cove Geologic Hazard Abatement District (ACU&O) and any other district established for the purpose of maintaining the land in a geologically stable condition.. c. Surface drainage improvements must be installed in accordance with a plan approved by the RDA d. A sewer system must be installed to serve all habitable structures. e. All other RDA and City requirements must be met. 3. � y lard in Zone 1 which is to be used for purposes other than habitable structures may be granted an exception for nonhabitable development providing it has a safety factor of 1.15 or greater in regard to the large ancient landslide and it meets the following stipulations: a. No land modification may be made which will adversely affect the local or regional stability of the land. b. A network of monitoring and production wells must be installed in accordance with a plan approved by the RDA. c, A covenant must be signed agreeing to support and participate in ACLAD and any other district established for the purpose of maintaining the land in a geologically stable condition. d„ Surface drainage improvements must be installed in accordance with a plan approved by the. RA. e. All other RDA and City requirements Faust be mete Memo of 5/26/93 from P.. Ehlig to T. Pulliam, page 3. ZONE 2 Background Zone 2 includes about 130 acres .within existing 'bract 14195 and Tract 14500 (except lots 1, 2, 3 and 4 which are in the Portuguese Bend landslide), and the subdivided land served by Vanderlip Drive. It is an area of subdued topography within the central part of the large ancient landslide. Slopes of 5:1 and less prevail over most of the central and downhill parts of Zone 2„ Slopes generally range between Sal and 301 in the uphill part. The flattest parts of Zone 2 overlie a gentle trough in the bedrock structure beneath the slide. The slide base followed the bedrock structure as the slide mass translated across this area. This caused a surface hollow to develop in an east --west direction across this area while the slide was active. The hollow. was sUbsequently filled by stream and slope wash deposits. This created the gentle slopes which drain toward the channels of Altamira Canyon, Available geologic data indicate the base of the ancient landslide is at depths ranging from 180 to 260 feet below the ground surface in most parts of Zone 2. Four to sic deep core holes would be desirable to more precisely establish the location of the slime base beneath partes of this area but never findings are unlikely to have a significant impact on existing interpretations. The slide base is sufficiently flat in the area seaward of upper Narcissa Drive that the overlying slide Maass resists movement providing the water table does not rise above its historic levels. Based on well data, the water table was at a depth of 50 to 60 feet beneath most of this area prior to the start of pumping in 1350. The water table is currently at an average depth of about 70 feet. The 25 undeveloped lots in Tract 14195 and 15 in Tract 14500, and an undetermined rnum.ber in parcels served by Vanderlip Drive, could be developed without adversely affecting the stability of the large ancient landslide. In fact, if development were combined with installation of additional wells, stability would be improved. Most lots can be developed with minimal grading and without a net import or export of earth. Such grading would have no impact on the stability of the deep-seated slide,. Graztind water is the only variable within Zone 2 which affects its stability. Zone 2 currently contains one monitoring well and four producing vaellse fright to ten more monitoring wells are needed to provide a detailed picture of ground water conditions within Zone 2. Four to six more producing wells are needed to better control ground grater conditions. If the cost of the needed wells were funded from fees paid for permission to develop vacant lots, de-velopment would improve the stability of the large ancient landslide. Suggested Guidelines Development of undeveloped lots shall be permitted in existing Tract 14195 and 'bract 14500 (except lots 1, 2, 3 and 4 which are in the Portuguese Bend landslide), and the subdivided land served by Vanderlip Drive subject to the following stipulations, as The lot owner must sign a covenant agreeing to participate in ACZ&D and any other district whose purpose is to maintain the land in a geologically stable condition. Memo of 5/25/93 from P, Ehlig to Tu Pulliam, page 4 bo The lot owner ,rust pay a fee to help defray the cost of installing additional monitoring and producing wells9 Said fee shall not exceed the differential between the sum of ACILAD fees previously assessed to an equivalent sized developed lot and the sum previously assessed to the undeveloped lot. (The annual tax difference between a developed lot and an undeveloped of equal size is determined by the square footage of improvements.) c Prior to issuance of a building permit, a geotechnical report Faust be submitted to and approved by the City's geotechnical reviewers indicating what, if any, local geologic hazards must be corrected prior to construction,, and shall specify foundation designs based on field and laboratory studies„ Grading exceeding 250 cubic yards shall require special approval by the City staff. dN If building occurs prior to installation of a surer system, a covenant must be signed agreeing to a sewer system and providing necessary easements for one. ee All lot drainage deficiencies, if any, identified by the City staff must be corrected. f. Runoff from all buildings and paved areas raust be contained and directed to the street or to an approved drainage course. ge All other relevant building code requirements must be met. ZONE 3 Backg.vound About 15 acnes of urndevelop land is present within the area bounded by the ,rain, channel of Altamira Canyon on the vest, Sweetbay ,load on the north, and the edge of the Portuguese Bend landslide on the east and southeast. Most of this land has gentle rolling topography and could be developed into residential lots with only minor grading Available data indicates the base of the large ancient landslide is nearly horizontal beneath this area and is at a depth of 200 to 250 feet below the ground surface" Three to five deep core holes are needed to confirm this, Ground ,rater conditions are the grain variable affecting ng the stability of the large ancient landslide beneath this area. The area should Tremain stable as long as the nater table rises no higher than its historic high level. The area contains two prrodiucixng wells but no monitoring wells Data front the two wells and Projections from wells in the adjoining area indicates the water table is 10 to 15 feet lower than it was in 13830 At present, the water table ranges from about 60 to as much as 130 feet below the ground surface. Three to five monitoring wells and one or two additional producing wells should be installed during development of this area. Suggested Guidelines Additional geologic studies are needed to accurately locate the base of the large ancient landslide beneath this area. If the results of such studies are favorable, development could be permitted contingent capon meeting all City requirements pea"t&ining to development of residential tracts and subject to the following sti ula•tioaas a ae Ground water monitoring and production wells roust be installed in accordance with a plan approved by the IR?F,e b Surface drainage channels must be paved in accordance with a pian approved by the ADI", Newo of 5/26/93 from P. Ehlig to T. Pulliam, page 5. c. A sewer system must be installed. d. A covenant must be attached to each deed requiring the owner to participate in ACLAD and any other district whose purpose is to maintain the land in a geologically stable condition. e. All other RDA and city requirements must be met. ZONE 4 Background The Klondike Canyon Geologic Hazard Abatement District has controlled the Klondike Canyon landslide. The maximum measured horizontal displacement is only 2.5 feet, all of which occurred prior to 1957. The primary cause of instability was the buildup of artesian grater pressure beneath the downhill kart of the landslide. Control was obtained by pumping water from a well at the beach. Infiltration was reduced by installing a culvert in Klondike Canyon from Palos Verdes Drive South to the beach. Infiltration can be further reduced by lining Klondike Canyon at least as far upstream as the head of the Klondike Canyon landslide. This would would reduce the likelihood of renewed movement in the uphill part of the slide during periods of high rainfall. the factor of safety is not an issue in the Klondike Canyon landslide. The slide is unconventional in that the downhill edge of the slide's base terminates more than 100 feet below the ground surface. This was Heade possible by upward bending of the downhill part of the slide. artesian ground water pressure facilitated the uplift. The factor of safety has not been calculated because of the slide's unconventional natured Calculations would almost certainly yield a factor of safety well above 1.5 providing there is no artesian uplift pressure. Zone 4 contains part of the Seaview tract (Tract 22535) and the Portuguese Bend Club. Most lots are already developed within these tracts. .About half of Zone 4 consists of undeveloped land located on the ridge between Klondike Canyon and the Portuguese Bend. landslide, Suggested Guidelines 1e Lot owners in the Seaview tract and Portuguese Bend Club may rebuild or make additions to existing buildings subject to the following stipulations: a. The owner must sign a covenant agreeing to support and participate in the Klondike Canyon Geologic Hazard Abatement District and any other district whose purpose is to maintain the land in a geologically stable condition. b. The building must connect to the Los Angeles County sewer system or to an approved holding tank. There shall be no on-site disposal of waste grater. c. Prior to issuance of a building permit, a geotechnical report must be submitted to and approved by the City's geotechnical reviewers indicating what, if any, local geologic hazards must be corrected prior to construction, and specifying foundation designs based on field and laboratory studies. d. Roof .runoff from all buildings and paved areas on the site must be contained and directed to the street or an approved drainage course e. All lot drainage deficiencies, if any, identified by the City .staff must be corrected. f. All other relevant building code requirements must be met. all Memo of 5/25/93 from P. Ehlig to T. Pulliam, page 6. 2. Undeveloped land within the Klondike Canyon Geologic Hazard Abatement District is mainly gest of Klondike Canyon and north of halos Verdes Drive South and is accessed from the east edge of the active Portuguese Send landslide. Development of this land shall be held in obeyance until the adjacent part of the Portuguese Bend landslide is stabilized. zonae 5 Background The abalone Cove landslide has been stabilized by lowering the water table. Most movement occurred prior to 19850 only creep at crates of less than an inch per year and local readjustments have occurred since 1985° Existing abatement activities appear adequate to ,prevent renewed slide movement during rainy periods. Nonetheless, it would be prudent to limit building to that permitted by the current City guidelines for this area until slide creep has stopped and planned abatement measures, such as drainage improvements, sewers and shoreline protection are completed. Suggested Guidelines 1. Development shall be limited to that currently permitted by City guidelines.for this area until after planned remediation is completed and slide creep has stopped. 20 After the above condition are mets building shall be permitted subject to all conditions imposed in Zone 2, and: a. a surer system must either he in operation or a holding tank must be utilized, No on site sewage disposal will be permitted. b.. A geotechnical study must be made to determine the suitability of the site for all proposed improvements and to provide foundation design specifications for proposed buildings. in addition, foundations must be inspected and approved by a geotechnical consultant during construction. C. A covenant must be signed by the owner specifying that the City shall be held harmless in the event that ground settlement or other forms of ground movement damage improvements. Zone 5 Background The Portuguese Bend landslide can be divided into a landward zone (Zone 6) which can be stabilized without shoreline protection, and a seaward zone Gone 7) which requires shoreline protection for stabilization. Palos Verdes Drive South forms the approximate boundary between the two zones. Zone 6 includes about 210 acres in and adjacent to the landward and central parts of the Portuguese Bend landslide. As a result of remediation, movement has stopped or nearly stopped in the northern and western parts of Zone 6. Movement continues at a rate of one to three feet per year in the central and southeastern part of Zone 6 but is less than one-tenth the .rate of movement prior to remedial grading in 1986. 91 Memo of 5/26/93 from P. Ehlig to T. Pulliam, page 7. Remediation to date includes (1) removal of water from 17 wells distributed throughout the area, (2) the moving of about one million cubic guards of earth so as to restore drainage and reduce driving force in the northern and eastern parts of than area, and (3) installation of a temporary culvert to conduct runoff to the ocean. Movement can be stopped throughout Zone 6 by additional improvements in surface drainage and additional remedial grading. In the area west of Portuguese Canyon most of Zone 6 is subdivided into Iota, part of which have houses on them. This and the subsurface structure of the landslide limit slide abatement to installation of wells, improvements in surface drainage and installation of a sewer system in most parts of the subdivided area. Lot boundaries should be reestablished before major surface modifications are permitted. The slide has displaced lot improvements, streets and utilities from their original locations. As a result, lots are no longer in their legally described locations. The amount of displacement varies from one part of the slime to another. In places, the original lot boundaries have been distorted and fragmented by abrupt changes in displacement across slide ruptures. The only viable solution is to void the original descriptions of lot locations and establish new ones, East of Portuguese Canyon, Zone 6 is undeveloped„ As a result, remedial grading can be performed without interference from existing improvements. The slide base is relatively shallow in the northeast hart of this area. It may be feasible to remove the northeast part of slide and replace it with compacted fill founded on firm bedrock. This would create a slide -free area with a factor of safety in excess of 1.50. Suggested Guidelines 1. As long as this part of the slide continues to move, improvements shall be limited to landslide abatement and other improvements permitted by current City guidelines for this area. 2. After the landslide has stopped moving and there is reasonable assurance that movement will not resume at a future time, lased ownership boundaries shall be reestablished. This may be done under the auspices of the Redevelopment Agency but the costs must be paid by land owners 3. Following reestablishment of legal lot boundaries, building shall be permitted in the subdivided part of Zone 6 subject to the same conditions imposed in gone 5 under suggested guideline 2. 4. After reestablishment of legal land ownership boundaries, the unsubdivided parts of Zone 6 shall be subject to the same suggested guidelines as Zone 1. ZONE 7 The 75 acres of the Portuguese Send landslide located seaward of Palos Verdes Drive South is poorly controlled by existing abatement activities. Permanent control will require shoreline protection. No development should be permitted in this area until after enactment of a plan of control which includes shoreline protection. 92 Nemo of 5/26/93 from P. Ehlig to T. Pulliam, page S. Mane 8 The Plying Triangle is currently uncontrolled. No development should be permitted within it or land affected by it until the Flying Triangle landslide has stopped moving and is under the control of an abatement district. 93 oat 65 RIP �f* n 9„ :+idliii�s1 oat 65 RIP �f* n City Council Minutes (March 3, 2015) 95 The motion passed on the following roll cal AYES: Brooks a I, Duhovic, Misetich, and Mayor Knight NOES: AB None Code Amendment Initiation Request to Amend the City's Landslide Moratorium Ordinance (Chapter 15.20) to Create a New Moratorium Exception Category that would Allow Vacant Undeveloped Parcels in Zone 1 to be Developed with Single Family Residences City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were four requests to speak regarding this item. Richard Riordan, Rancho Palos Verdes, stated that he has requested to build one residence on his Plumtree Property, with the understanding the lot could not be subdivided. Laura della Vedora, Legal representative for Mr. Riordan, stated that the staff report contained the information for Council's consideration. She noted that according to the geological report and statement from the City's geologist, it does not appear there is a safety reason, as it applies to this parcel, which would necessitate the extensive grading that the moratorium currently requires. She requested the amendment to the moratorium to avoid unnecessary expense for the applicant and avoid unnecessary noise and dirt issues for the neighbors. Community Development Director Rojas provided a staff report and PowerPoint presentation regarding the Initiation Request for Council's consideration. Cassie Jones, Rancho Palos Verdes, stated that the development was going to be for a home of 25,000 square feet and noted concerns with no Environmental Impact Report (EIR) for Zone 2. She spoke in favor of an EIR for Zone 1 and noted there are properties in Zone 2 that could be subdivided; and noted if remedial grading was necessary for stability, the concerns with dust and dirt have to be accepted by the properties surrounding the area. She added that water runoff and infiltration of water into the landslide is another problem, not runoff onto the streets. Discussion ensued among Council Members and staff, with staff noting the pad size of the property was 25,000 square feet, not the size of the home. Lowell Wedemeyer, Rancho Palos Verdes, stated that he was not present to discuss specific merits of the project, but suggested a policy be considered that all geological data and engineering be submitted in electronic format so that the raw data can be City Council Minutes March 3, 2015 Page 7 of 11 • 0 indexed through the City's Geographic Information Systems (GIS) system to help contribute and build a City database. Patricia Flanigan, stated that she was a broker on the Peninsula and sold many homes in the Portuguese Bend area. She inquired why the development of a home would not be allowed on this site, when there are homes in the nearby areas. James Flaniqan, stated that he was present as a character witness for Mr. Riordan. RECESS AND RECONVENE: Mayor Knight called a brief recess from 8:24 P.M. to 8:37 P.M. Jim Lancaster, City Geologist, Kling Consulting Group, explained that the proposal is to grade out landslide debris and bentonite from that location so that they can drill down to bedrock, and recompact the soil in order to build the development, while proving that they are not impacting the existing landslide conditions. Discussion ensued among Council Members, Mr. Lancaster, staff, and City Attorney Lynch. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the staff recommendation to: Direct Staff to initiate the proposed code amendment so that notification of the proposal can be provided to the surrounding property owners and the issues associated with the proposal can be vetted by the City Council through duly noticed public Council meetings, with direction to incorporate the suggestions of Mr. Wedemeyer to have geological data to be submitted electronically to help build the City's GIS database. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None itywide Street Lighting Audit City Clerk reported that late correspondence was distributed prior to the meeting and there we uests to speak regarding this item. Discussion ensued among Council Mem staff. Councilman Duhovic moved, seconded by Mayor Pro Tem o waive the staff report and approve staff recommendation to: 1) Receive and file the re f the Citywide Streetlight Audit; and, 2) Direct staff to proceed with initiating a pilot gram to City Council Minutes March 3, 2015 Page 8 of 11 97 Point View Property Moratorium Boundary Area m6t a T ' Tmat h�JLI 'g, - s l.. 14.0Tmat-ta BNASIrtao \ s0�®w \ WUAIB_ v Sbi.c _ Ai� ON".E' COV1lE� E1 — - \Tmat� ,dr Qt BM�1.12 \tel • Q` ` ,� ,,,. -fir- •-•� .�-� \'' 1ic9�.8 30 Tmat -- - - -, Trn 13: A If Tb c.. m umrw gimme r.ar Rarm +.mm 9man Ill q H W� -'�`� C�•"r NBtILr BTrfIM3 3®rA-0O] a44/ BNAJr —7BNA 9NLd -11 °J yl a.( Irels llh (. OT T�bwf OY 10mNm2,9 ObbiB n11Rw8mly irI I �� - .•Nw�ur *Im im nlryrnn T m wee• Rm.�lmau fOIbaL7 °maul ul rl rin:'' U - mAdm,<af I\roYnra mtlbh m T Bgb„6+ II11aRllllt(.lI 1mr 3Rrm I TI Ae9,Snnmlbiw `p®1N 1gi4Anrw Tmnmh /N°Nf Amy 1bb]52 1MwM arW 1rYA1 \ X� rir FDOBO:, MARPIEANO Mfn�WRPIL —.&Ye30.Y TAe2dr .h mmv3s ®Re.mefiz ry1 Timm ae Y �a T �� A°Q TOb,A' al•m �\ .O ////��''�1 _ NT W RNE OERN COLLUYIUMACLIFF DEBRISZ JFF 'L -�Aerr /ezr ry P.O. ^• I rrr ° QA.A' rD.21Y ``'// - NDMARINETERRATALW.EOGEAGYIFF OEBIBB INCLUDES wyhf MT , 3af 3reLT iP:elef TRF rer r m ` �1 I COLLIDES TALUS, TOPPLED BLOCKS, SLUMPS 3/. fica+er _ LL PAIEOSLI0E5 hr K✓•� +n•A/ @,v �®a' � mM �/imA e1i M' �bAw Ecmv r •1� - _-\� �-: DEPOSRS SIIOWINGPPPRO%IMATEDIREGTION OF FLDW°A LLr/OW R �h°rY Ta`1,5'f TDB, aerr rA•ur /I+reu � oras e.l oerr Dmm,w .�e,r \ ,� �`" JGNIEREY FOPNATON,ALTAMRUSWIE MEABF3i lL � / m.m i�,8e 9Y � -_.o \�.� 3ENFF wRWDHINALTAMIRABIrLE iy`° Q �,• ra Herr OY ID3.Dum)�eT TDir.S 0,3P geNC v/\� C T' }� .{,3e,w � e,ro' ` \. �.'` IENFF wRWIIHBJALT U+ABHeic Jf°I]4T ��"�LL��.•w apDwirrf TTDbST rer► imHm lw smn TmTe' °af �lCe iOT \ 1006,S:AGDf®IrnCNor[s was CS3KTArNro .X4 les aqp O,DTT AlrIwwCE} �"OM0- . mew r"- >�I�rr q � j =14 —.1 IF�� 'r•a �1.sii _ \�\ / vE GEOLOO,CCWIACT: DOT1TD rl1EREtaituarn, �erLt �a•rr r� 3rew n..ry 3�rai � �Yw Tm: �•�' 1 Ae nr �aeW � e1e•• \ \ lla WKJF.Lrr�3Dsa �•ronv �( m,ar /a•em.r ]�� ws �{e � Tmwnm p �Aew °�" �re•w � � \\\l / t or.slaDw BouwwrLlNE sNar �a°Iry n r� �sT+ ,w• �N.,e �°r°m° Aelr /(aol,. � °� I . - �a10AAlORIl1MBOUNDPAYIJNE `- \ �relms �I/e Ir �• //moi ! ~'m•� pb'Ip' -LA•� 11 ' \ \ -POFSEDDING �(neAlf �efrp �trr �aer �!\ld®8P ! • rmmew wD.® hNAmb L0�/e1w �ama- /�,em \ �!i ``�`u°]Lar �(ro nTz TD.Br -DIN. ++ewr sear 1we�f �a0 Vnoaa /dear m,u A.,. en' Dz3r \ I ae38+ ^L,nm13➢.1' IOIPOFJOINT V•A,.Y �/mIW /r.�.ta! °sw �00. @ •,9B 1"s°1w ''. \ �renLr Iwe1ml �'a°O IAew TM.III �]I e:.r Bump '..� ,1 IOID OF GHEARa ALONG BEDDING �reflsf 1� F m� Ib51• B-9 '`\ II II //-n.m Tr NC 11 , DIP OF SHEAR /�rery � eAv 1. 1~m Y�•P �— �N'�N �aO� Tmallb ltB \ � � �I I DIP OF SLIDE I—E t•�r Im,i,.i' r sraf t•Y1 e °tea /LIewLT � 1MA 10eLr teat wlb bla6eJEotl i+ /�e41ar ® BMAi i 0 NeYw �' „ �" T�rmlm lbis'•�' \I` ')F BUCI�TAIKEft BORING BYNEBlETT8A390CIATES �l°U► •iw � ettl' ��}bM Raw �N°tr �a°R � Thm2W YYemr �e1rd Oros 1r rr w•ra A —�— NDUrIp1OCOREBORINGBYNEFYETIdASSIX:IATEG �c�3eAl. �rerl! �`°1Td,• M9N',�@-'1RY �aefiY tAef.r ,[AOS 7 gip• NVF]TIED TO MONROgING LYELL ` ,`T )F NVERVEDTDUEDT CORE 90RING Br I.FJGHTONEASSOCNTES eaf //"/��mw I�]yssl- �Ylsyp \11 �'{ O MONfTORING WELL yeAlrr /, 38e1n FAear Dve Bvtm 1 IFBUCKErAIIGFRBORINGBYLECWCW&A 0CIATES tl� e�T 1 BSL �i{°nT �mr Mar Tn. ssY mmn A�efr SGALE 1'=,.' 1 K BUCI�TAUGFIi BORBVG BY IFJGITTw BASSOCIATES �"•� �Afi~m I1\ r J N A 99i5' Ae IA'� mN6-ISP �, e 3As' m,s•-1N' )F DIAMOND CORE OR ROTARY BORING BY LEIGHTON K BORING BY MCOREflTABFR (1rfl) J�SOAAT �a03rt / /)'l ' '/'D f l-��D19, ,�ar�.�l-,��.u�t � � IF BORING BY MOOREfl TAKER (1869) )FBUCIa: GERBORING BYLOSANGELESCOUNTY BNGDEPARTa1FHT(1975) emmfi OMn em49 Immp rb ealq BaYq mneL Ys. M1 �, \ I�`� ��•l+� �,r )FOUIMONOCCR WFLINGSYVW/CRANOALLd -1 9A+ 8410 BA -L08 Ifile-11100 BA-- BA_13Ir wTa Ri R 1 , " J/ � v Q'i--x.t ?� jg l Y Cj.[,.�.�rj ES(lWlLM0HFfORrlGWEU.INSTALLED 0lbmn' Obmm 069 ab _ T -r f �Ib13T .ol TanL 3aM mYma U tiLC.� L7 ilta�'�� W BORING BY BTONE GEOLOGICAL BERYICE(19B1) TTemlr T m05 TNn�AtY Tm¢mtG6 Ty�m = pb�m„S 2a5' Wu.b1T p mA mN A d,1ip Tn,w 111 ��I Pbm�.efir �a°r !lf OenmSt'Tme'bIb2C TD U' /� D ,///1 ✓✓11 ///��+++�� rr��.. )FIJ(PLORATORYBORINGBYLRA(1982) y m31• 3 �Itmt, ew j` TmebiY 4,,. �l✓tmA 4u FOI& -T)t fVI Nr vUSLO r �V96V lY A -T / �f ]VI { I r ,a mss raw /2®xs � �®Sew ��1a msY• �"•w Tn. ]6 T(/\f'I 1(LJL(-//f` \V11./�((lid A,Qpm]�`�,`may,I:b�f F4 C { F� vQ+•� / Z.j 2��ew��3roarreax 1 ooa eTosr 99 w /Ir ew.r /°°' �.3'•'r'as Tom' EE Bmm9 R� Public Comments 100 lzl-- Richardson -Harman •Ober,., 234 E. Colorado Blvd., 8th Floor Pasadena, California 91101 Telephone: 626.449.5577 Facsimile: 626.449.5572 Toll Free: 877.446.2529 Author E-mail: JFly@RHOPC.com January 11, 2016 VIA U.S. MAIL AND ELECTRONIC MAIL Leza Mikhail Senior Planner City of Rancho Palos Verdes 30940 Hawthorne Boulevard Palos Verdes, CA 90275-5391 Re: Planning Case No. ZON2015-00555 for the Proposed Zone 1 Landslide Moratorium Ordinance Revision to Municipal Code Section 15.20.040 Dear Ms. Mikhail: This firm is counsel for the Portuguese Bend Community Association (the "Association"), which is a California non-profit, mutual interest homeowners association situated immediately adjacent to the two parcels affected by the proposed Landslide Moratorium Ordinance Revision. On December 3, 2015, the City of Rancho Palos Verdes issued a public notice regarding the Proposed Mitigated Negative Declaration. The Portuguese Bend Community Association hereby lodges its objections to certain aspects of the Proposed Mitigated Negative Declaration, and objects to certain language contained in the proposed revision to section 15.20.040. Summary of Objections The Association objects to the 8,000 square foot, omnibus area limitation, and requests that square footage limitations specifically limit the size of each type of structure. The Association also requests an Environmental Impact Report for waste storage tanks, and the Association further requests that the City secure and preserve existing public trail easements over the Zone 1 properties. 8,000 Square Foot Building Size The proposed amendment to section 15.20.040 provides that "Residential buildings and accessory structures shall not exceed a maximum combined total of up to 8,000 square feet (habitable and non -habitable area), including non -habitable structures such as garages, sheds, and barns...." Pasadena ♦ Costa Mesa ♦ Riverside 101 Leza Mikhail Re: Planning Case No. ZON2015-00555 for the Proposed Zone 1 Landslide Moratorium Ordinance Revision to Municipal Code Section 15.20.040 January 11, 2016 Page 2 The 8,000 square foot limitation is vague, and inconsistent with existing restrictions for the surrounding area. The Association therefore requests that the City Council clearly specify the allowable sizes for particular building types in Zone. For new structures in Zone 2, Municipal Code Section 15.20.040 includes a menu of maximum square footage sizes per structure type. Under the existing code for Zone 2, the total combined square footage for accessory structures is 3720 square feet. For residences, the maximum size on undeveloped Zone 2 lots has been set at 4000 square feet. (See Notice of Availability of Draft Environmental Impact Report, SCH #2010121073, Sept. 21, 2012.) Consequently, the total combined allowable square footage for all structures in Zone 2 is roughly 8,000 square feet. Yet, the proposed Zone 1 exclusion should be subject to the same size requirements that apply to Zone 2. To conform with the requirements imposed on Zone 2 structures, the two proposed residences in Zone 1 must be "single -story, ranch style residences with attached or detached three -car garages, with a minimum living area of 1,500 square feet, and a maximum living area of 4,000 square feet. The maximum building height should be 16 feet for residences, and 12 feet for detached accessory structures." (ld., page 2.) In addition to restrictions on the size of residences in Zone 1, the restrictions on the sizes of accessory structures should be subject to exactly the same restrictions set forth in Municipal Code section 15.20.040. Inclusion of these specific dimensional and design requirements within the moratorium ordinance should address neighborhood compatibility at the outset, thus avoiding prolonged disputes during any later planning or building phases for these properties. Request for EIR Regarding Waste Storage Tanks On Pages 16 and 17 of the City's Environmental Checklist Dated December 3, 2009 (sic.), staff notes that a holding tank system may be necessary if a sanitary sewer system is unavailable at the time of construction, The note then suggests that the holding tank system would be removed "if the sanitary sewer system later becomes available." Without any further evidentiary support, the Environmental Checklist then presumes that with the use of a holding tank system, "any geology/soils impacts related to septic systems will be less than significant." The City should not simply presume that holding tank systems will have a "less than significant impact." Because water containment is critical to the stability of the surrounding landslide area, the Association believes that any use of holding tanks are of a "Potentially Significant Impact" and therefore objects to the use of a Mitigated Negative Declaration, and requests that the Lead Agency issue a Notice of Preparation of an Environmental Impact Report to address this Potentially Significant Impact from the use of holding tank systems. 102 Leza Mikhail Re: Planning Case No. ZON2015-00555 for the Proposed Zone 1 Landslide Moratorium Ordinance Revision to Municipal Code Section 15.20.040 January 11, 2016 Page 3 Preservation of Trail Easements Page 30 of the Environmental Checklist, paragraph g mentions the need for trail easements through the Zone 1 properties into the various nature preserve trails surrounding the properties. The Association respectfully requests that the City Council resolve to address the need for dedication of such trail easements. Conclusion The Association hereby lodges these objections to the Proposed Zone 1 Landslide Moratorium Ordinance Revision. The Association further reserves its rights under existing covenants and property deeds affecting those lots in Zone 1. Please contact me if you have any questions. I can be reached by telephone at (626) 449-5577, or email at jfly(@rhopc.com. Very truly yours, RICMRDSON • HARMAN • OBER PC Jdnathan P FS:lat 103 Leza Mikhail From: Jeremy Davies <jdavies@kuboaa.com> Sent: Monday, January 11, 2016 7:37 AM To: Leza Mikhail Cc: Joel Rojas; CC; robert.cumby; Gordon Leon <Gordon.Leon@gmail.com> Dear Leza, Here are my comments and suggestions to be considered at the January 19, 2016 City Council meeting. Please note that the comments in my earlier letter of March 3, 2016 are no longer applicable as a result of the City's current proposed Ordinance Revision and changes to the proposed MND. 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 two lots in Zone 1 of the City's Landslide Moratorium Area. I separate my comments between the Proposed Landslide Ordinance Revision and the content of the Environmental Checklist supporting the MND and the conditions for allowing an exception permit to the Landslide Moratorium and ultimate residential development of the two subject lots. 1) The Moratorium Ordinance Revision subsection T to Section 15.20.040 could be more explicit by modifying the penultimate sentence of the proposed paragraph dealing with an application for a Landslide Moratorium Exception Permit to read "The current owners, or their successors, of the subject lots who take advantage of this exception category shall agree to record a covenant on the subject property which would prohibit future subdivision and/or development of said property, except for the residential buildings and accessory structures as defined above in this paragraph." There may be successors to the current owners before application for a permit to develop the two subject lots is made. The MND contains various staff comments and recommendations for mitigating actions to be required in any future application for development of the two subject lots. 2) As you are aware, the Monks plaintiffs who are in the process of or have already developed their lots are subject to the construction regulations of the PBCA. In the case of eventual application for the development of the Plumtree property it would appear that the the PBCA roads would be used by construction equipment. In fairness to the PBCA Community, the PBCA construction regulations should be required for development of the Plumtree lot and included in the MND. Supporting this position are the public comments and concerns to the Zone 2 EIR which emphasize the fragility of the road infrastructure serving Zone 2 (and consequently Zone 1). The York Point View lot has separate access from PV Drive South and the owner/successors should be required to use this private driveway access for construction vehicles rather than the PBCA roads. 3) Because any residential structure on the Plumtree property will be visible by certain homeowners in the PBCA, the owner should be required to adhere to the PBCA neighborhood compatibility standards, including being a one story ranch house style architecture. Please avoid another McMansion eyesore which have been allowed to develop in other neighborhoods of RPV. Page 7 of the MND states the 2 lots would likely be "limited to single story ranch style residences'. I would ask that this not be "likely" but be "required" in order for development to be approved and maintain the semi -rural environment (page 7 of the MND). 4) Page 30 of the MND states that "to provide a much needed trail connection between the Preserve and the PBCA, the Point View and Plumtree owners (or their successors) would need to dedicate trail easements across their properties". The City should make this a "requirement" for approving development and not a hopeful "voluntary" gesture which may or may not be kept. This view is supported strongly since the trails are identified in the "Preserve Trails Plan" and identified in the City's "Conceptual Trails Plan". I presume easements will be necessary for other services such as electricity, sewage and water. In summary, by eliminating the possibility of any subdivision or future development of more than one residence on each of the subject lots, the proposed changes relating to Zone 1 together with the MND, as modified above, would be favorable to the Portuguese Bend Community and would minimize the impact of any future development on these "two subject lots" and the fragile land conditions in the Community. Sincerely, Jeremy R Davies 36 Cinnamon Lane RPV 104 Leza Mikhail From: Gary Weber <gsweberconsulting@gmail.com> Sent: Thursday, December 10, 2015 10:00 AM To: Joel Rojas Cc: 'Jim York'; Leza Mikhail Subject: Zone 1 ZON2015-00555 _IS/MND Attachments: MND Comments 12.10.15.pdf; 03-29-2011_LMA adjustment approval.pdf, LMA Line_orig v new_03-2011.pdf Joel, Please see the attached letter regarding Zone 1 Revisions and the IS/MND. Thank you Gary Weber 105 YORK POINT VIEW PROPERTIES, LLC P.O. BOX 2649 PALOS VERDES PENINSULA, CA 90274 December 10, 2015 VIA E-MAIL Mr. Joel Rojas, Director of Planning and Code Enforcement City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 RE: ZONE I LANDSLIDE MORATORIUM ORDINANCE REVISIONS aON2015-00555) AND INMAL STUDY/MITIGATED NEGATIVE DECLARATION Dear Mr. Rojas: We have reviewed the Initial Study and Mitigated Negative Declaration prepared for the proposed Zone 1 Landslide Moratorium Ordinance Revision (ZON2015-00555). As we understand the proposed amendment to the ordinance, it would allow construction of a single residence on a Zone 1 lot greater than 25 acres, within the Moratorium Area, subject to several conditions and mitigation measures. In general, we concur with the proposed amendment, but we have several questions and concerns about language and conditions. The IS/MND refers to the Point View lot as 94 acres. While this is correct, we understand that the proposed revision would only apply to the Zone 1 portion of the lot within the Moratorium Area. Our calculations indicate that this area is approximately 48.2 acres. The IS/MND should be amended to clarify these facts. Please note that an adjustment to the Moratorium boundary was approved by the City Geologist on 3/21/2011. The attached letter from the Planning Department on 3/29/2011 confirms the adjustment. The limitation of 8,000 square feet should be limited to the primary residence and not include non -habitable structures such as garages, barns, sheds, accessory structures and any legally existing structures, such as the existing Event Garden restrooms and kitchen. We have no concern with the 25% coverage limitation. Based on previous communications and discussions with the Planning Department, we also request that the proposed exception allow a second unit to be constructed on the lot and used exclusively as a guest house or servant's quarters, pursuant to Chapter 17.10 of the RPV Development Code. The second unit would be limited to a maximum of 1,200 square feet and would be controlled by Chapter 17.10. The proposed exception also requires that a covenant be recorded which would prohibit future subdivision of the lot. We object to this unnecessary and burdensome requirement since the Moratorium Ordinance (15.20.020) already 106 clearly states that "the City declares a moratorium on the filing, processing, approval or issuance of ... tentative maps or parcel maps...". We believe this requirement is redundant and could create unforeseen problems in the future. • The Initial Study states that the zoning is RS -1 and RS -2. This is incorrect. No part of either of the two Zone 1 lots, within the Moratorium Area, are designated RS -2. • Section 11 (Surrounding land uses and setting) of the IS/MND should be revised to reflect the fact that a significant portion (47 acres +/-) of the Point View property is outside the Moratorium Area and is not subject to the Moratorium Ordinance. This area generally lies to the west and south of the Zone 1 Moratorium Area and is zoned RS -1 and RS -2. • Figure 1 should be revised to depict the Moratorium Area boundary on Point View, so that there is no question that a portion of the property is not subject to the Moratorium Ordinance. See attached exhibit. • Mitigation measure AE5-1 requires that the new residence shall be subject to the Neighborhood Compatibility procedure. We strenuously object to this requirement since the Point View property is not part of any "neighborhood". This large property is relatively isolated from the Portuguese Bend Community and other neighborhoods in the vicinity. The property is not subject to the Portuguese Bend Community Association development guidelines nor any other association requirements. Moreover, the reference in Section C (page 7) of the Aesthetics discussion that development would "likely be limited to single story, ranch style residences" is an incorrect assumption and should be deleted since it could prejudice an objective analysis. • Mitigation measure UTL-6 (page 33) should be deleted. This measure is a burdensome requirement that would require the applicants conduct significant studies of the Abalone Cove Sewer and the Sanitation District Systems to determine available capacities. Clearly, the City's determination that the addition of two residences in this area could have a significant impact on existing sewer systems, without mitigation, is flawed and unreasonable. This is particularly true when one considers that sewer systems and other infrastructure systems are always over -engineered to accommodate unforeseen circumstances. Moreover, modern, low flow fixtures such as toilets, lavatories and showers are designed and required to mitigate water usage and sewer capacities. • f=inally, the last page of the IS/MND includes an aerial photo that is not related to the subject properties. Please delete or revise. Thank you for considering these important comments. Respectfully, —7 �—)' v Gary S. Yeber for York Point View Properties, LLC Attachments CC: Jim York (YPVP) Leza Mikhail (RPV) 107 C ITV OFLiRANCNH0 PAI_OS VERDES COMMUNITY DEVELOI'MEN I DEI'AI:I MEN I March 29, 2011 York Point View Properties, LLC Attn: Jim York 550 Silver Spur Road, Suite 250 Rancho Palos Verdes, CA 90275 Subject: GE02011-00019 (Geology Review) Address: 6001 Palos Verdes Drive South Mr. York: On March 9, 2011, the City received your request to adjust the moratorium boundary line that traverses the Point View property at 6001 PV Drive South. The subject property measures approximately 95 acres in area, where approximately 60 acres of the site are located within the City's Landslide Moratorium Area (LMA), and the remaining ±35 acres are outside of the LMA. After reviewing all appropriate site specific geotechnical reports, information and data, the City's consulting Geologist has approved the requested Moratorium Boundary Line adjustment. The new location of the Moratorium Boundary Line results in 12.82 acres removed from the moratorium area, increasing the area of the property located outside of the LMA to 46.82 acres, and decreasing the area of the property located within the LMA to 48.18 acres. The new location of the Moratorium Boundary line traversing the Point View property will now be memorialized in the official map in the Community Development Department, If you have any questions regarding this matter, or need additional information, please feel free to contact me at (310) 544-5228. Since ly, Eduardo Schonborn, AICP Senior Planner Enclosures cc: Joel Rojas, Community Development Director James Lancaster, City Geologist (via email) Gary Weber (via email) Project File 30040 HAw 11IORNE BLD. / RANGHo RNLOS VEkDES, CA 00275-5301 PI ANNIiN(1 & (;()UF ENFORCEMEN I DIVISION (310) 544-5228 / L'I ,II_UINH & SAFM DIVISION (310) 265-7800 / 1Y 1' 1 FAX (.310) 544-5?93 0 F -MAI(. PI ANNIN(1@RPVC:OM/ kVVVIAiPAlO5VFRDF!i(;1)M/RP8V V 0 I�A Jk -A ,4 T WASWFiMO GEOLOGIC M OF POWT YEW Owl9uk) 109 pF L03 "AA7 DARYL L. OSBY FIRE CHIEF FORESTER & FIRE WARDEN December 22, 2015 COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 90063-3294 Leza Mikhail, Senior Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Dear Ms. Mikhail: RECEIVED 3. INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION, "ZONE 1 LANDSLIDE MORATORIUM ORDINANCE REVISIONS", CREATES A NEW EXCEPTION CATEGORY IN THE CITY'S LANDSLIDE MORATORIUM ORDINANCE TO ALLOW THE RESIDENTIAL DEVELOPMENT OF ANY PRIVATELY OWNED LEGAL LOTS GREATER THAN 25 ACRES IN AREA LOCATED WITHIN ZONE 1 OF THE CITY'S LANDSLIDE MORATORIUM AREA, RANCHO PALOS VERDES (FFER 201500208) The Initial Study and Mitigated Negative Declaration has been reviewed by the Planning Division, Land Development Unit, Forestry Division, and Health Hazardous Materials Division of the County of Los Angeles Fire Department. The following are their comments: PLANNING DIVISION: We have no comments at this time.. LAND DEVELOPMENT UNIT: This project does not propose construction of structures or any other improvements at this time. Therefore, until actual construction is proposed the project will not have a significant impact to the Fire Department's Land Development Unit. SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS CALABASAS DIAMOND BAR HIDDEN HILLS LA MIRADA MALIBU POMONA SIGNAL HILL ARTESIA CARSON DUARTE HUNTINGTON PARK LA PUENTE MAYWOOD RANCHO PALOS VERDES SOUTH EL MONTE AZUSA CERRITOS EL MONTE INDUSTRY LAKEWOOD NORWALK ROLLING HILLS SOUTH GATE BALDWIN PARK CLAREMONT GARDENAINGLEWOOD LANCASTER PALMDALE ROLLING HILLS ESTATES TEMPLE CITY BELL COMMERCE GLENDORA IRWINDALE LAWNDALE PALOS VERDES ESTATES ROSEMEAD WALNUT BELL GARDENS COVINA HAWAIIAN GARDENS LA CANADA FLINTRIDGE LOMITA PARAMOUNT SAN DIMAS WEST HOLLYWOOI BELLFLOWER CUDAHY HAWTHORNE LA HABRA LYNWOOD PICO RIVERA SANTA CLARITA WESTLAKE VILLAG BRADBURY WHIJIE13 0 Leza Mikhail, Senior Planner December 22, 2015 Page 2 2. Should any questions arise regarding subdivision, water systems, or access, please contact the County of Los Angeles Fire Department's Land Development Unit's Inspector Nancy Rodeheffer at (323) 890-4243. 3, The County of Los Angeles Fire Department's Land Development Unit appreciates the opportunity to comment on this project. FORESTRY DIVISION — OTHER ENVIRONMENTAL CONCERNS: The statutory responsibilities of the County of Los Angeles Fire Department's Forestry Division include erosion control, watershed management, rare and endangered species, vegetation, fuel modification for Very High Fire Hazard Severity Zones or Fire Zone 4, archeological and cultural resources, and the County Oak Tree Ordinance. Potential impacts in these areas should be addressed. HEALTH HAZARDOUS MATERIALS DIVISION: The Health Hazardous Materials Division (HHMD) of the Los Angeles County Fire Department has no comment regarding the project. If you have any additional questions, please contact this office at (323) 890-4330. Very trul yours, KEVIN T. JOHNSON, ACTING CHIEF, FORESTRY DIVISION PREVENTION SERVICES BUREAU KTJ:ad 111 Current Landslide Moratorium Code Language (Chapter 15.20) 112 Chapter 15.20 - MORATORIUM ON LAND USE PERMITS*U Sections: Footnotes: " ;prior ordinance history: Ordinances 1088, 118U, 120U, 123U, 128U, 13003 131U, 139t.1, 140U, 143U, 148U, 155U, 208, 223, 247, 240U and 275. 15.20.010 - Definitions. The following definitions shall apply to this chapter: "Alter" means to change in some, but not all, aspects where necessary to continue the use of, and where repair, replacement and restoration are not possible. "Director" means the director of planning, building and code enforcement. "Geologic investigation permit" means a permit issued by the city to allow field research for the preparation of geologic, geotechnical or soils reports. Field research shall include investigative trenching, boring or grading which is performed mechanically or by hand. Such trenching, boring or grading shall pertain only to the accumulation of necessary data. "Maintenance" means to keep in a particular safe condition. "Repair" means to bring back to a safe condition after partial decay or destruction. "Replacement" means to exchange a damaged portion for a new equivalent portion without changing form or function. For a dwelling unit it means to construct a new portion of a dwelling to substitute for that existing prior to damage. "Restoration" means to bring back to the original condition. "Permanent detached accessory structure" means a structure that is constructed on a permanent foundation, separate from and appurtenant to a main dwelling unit, which meets the minimum Uniform Building Code standards for human habitation, does not include any kitchen facilities and is not used as a separate dwelling unit. Acceptable structures shall include guest rooms, workshops or similar structures. "Plumbing fixture" means a plumbing fixture as defined by the Uniform Plumbing Code, unless expressly defined otherwise in this chapter. "Served by a sanitary sewer system" means that an operational sanitary sewer system is located within the boundaries of the subject lot or parcel or is located within a thoroughfare or right-of-way that is immediately adjacent to the lot or parcel and is no more than 200 feet from the boundary of the lot or parcel. (Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) 15.20.020 - New construction permits not issued. Notwithstanding any other ordinance or code of the city, the city declares a moratorium on the filing, processing, approval or issuance of building, grading or other permits, environmental assessments, environmental impact reports, conditional use permits, tentative maps or parcel maps in the area of the city identified as the "landslide moratorium area" as outlined in red on the landslide moratorium map on file in the office of the director, unless expressly allowed by Section 15.20.040 (Exceptions) of this chapter. However, the filing and preparation of environmental assessments, initial studies, negative declarations or environmental impact reports for the exclusive purpose of determining whether a parcel of land may be Page 1 113 excluded from the moratorium pursuant to Section 15.20.100 (Exclusions) of this chapter are not precluded by this section. (Ord. 309 § 4 (part), 1995) 15.20.030 - Revocation of unused permits. Any building, grading permit or other permit for new construction in the landslide moratorium area which has been previously granted by the city but which has not been acted upon in substantial reliance by the holder thereof is revoked. (Ord. 309 § 4 (part), 1995) 15.20.040 - Exceptions. The moratorium shall not be applicable to any of the following: A. Maintenance of existing structures or facilities which do not increase the land coverage of those facilities or add to the water usage of those facilities; B. Replacement, repair or restoration of a residential building or structure which has been damaged or destroyed due to one of the following hazards, 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: 1. A Geologic Hazard. Such structure may be replaced, repaired or restored to original condition; provided, that such construction shall be limited to the same square footage and in the same general location on the property and such construction will not aggravate any hazardous geologic condition, if a hazardous geologic condition remains. Prior to the approval 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. The applicant shall comply with any requirements imposed by the city's geotechnical staff and shall substantially repair the geologic condition to the satisfaction of the city geotechnical staff prior to the issuance of a final building permit. Upon application to the director, setbacks may conform to the setbacks listed below: Minimum Setback Standards Front Interior side Street side Rear 20 5 10 15 2, A Hazard Other Than a Geologic Hazard. Such structure may be replaced, repaired or restored to original condition; provided, that such construction shall be limited to the same square footage and in the same general location on the property and such construction will not aggravate any hazardous condition, if a hazardous condition remains. Prior to the approval 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 Page 2 114 satisfaction of the city geotechnical staff that the proposed project will not aggravate the existing situation. Upon application to the director, setbacks may conform to the setbacks listed in subsection (13)(1) of this section; C. Building permits for existing structures which were constructed prior to October 5, 1978, for which permits were not previously granted, in order to legalize such structure(s). Such permits may only be granted if the structure is brought into substantial compliance with the Uniform Building Code; D. The approval of an environmental assessment or environmental impact report for a project as to which the city or redevelopment agency is the project applicant; E. Projects that are to be performed or constructed by the city or by the Rancho Palos Verdes Redevelopment Agency to mitigate the potential for landslide or to otherwise enhance public safety; F. Remedial grading to correct problems caused by landslide or to otherwise enhance public safety, performed pursuant to a permit issued pursuant to Section 17.76.040(6)(3) of this code; G. Geologic Investigation Permits. Prior to the approval of such a 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 investigation will not aggravate the existing situation; H. Minor projects on a lot that is in the'landslide moratorium area,' as outlined in red on the landslide moratorium map on file in the director's office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of 1,200 square feet per parcel; 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) and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The 1,200 square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection H. Minor projects involving the construction of an enclosed permanent detached accessory structure shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit is recorded with the Los Angeles County Registrar -Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, 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; I. Construction or installation of temporary minor nonresidential structures which are no more than 320 square feet in size, with no plumbing fixtures and which do not increase water use, may be approved by the director. If the lot is served by a sanitary sewer system, the permit may allow the installation of plumbing fixtures. All permits shall include a requirement that a use restriction covenant, in a form acceptable to the city which prevents the structure from being used for any purpose other than a nonhabitable use, is recorded with the Los Angeles County Registrar - Recorder. A minor nonresidential structure is defined as temporary if the building code does not require it to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not be erected upon or attached to such a foundation. Prior to approval of the application, 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; Page 3 115 J. Submittal of a lot -line adjustment application; K. Minor projects on a lot that is in the'landslide moratorium area,' as outlined in blue on the landslide moratorium map on file in the director's office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of 1,200 square feet per parcel; 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) and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The 1,200 square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection K. Minor projects involving the construction of an enclosed permanent detached accessory structure shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit is recorded with the Los Angeles County Registrar -Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, 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; L. Construction of one attached or detached garage per parcel that does not exceed an area of 600 square feet, without windows or any plumbing fixtures, on a lot that currently is developed with a residential structure or other lawfully existing nonresidential structure; 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). If the lot is served by a sanitary sewer system, the permit may allow the installation of windows and plumbing fixtures in the garage. The approval of a landslide moratorium exception permit for such a project shall be conditioned to require that a use restriction covenant, in a form acceptable to the city, that prevents the garage from being used for any purpose other than parking of vehicles and storage of personal property is recorded with the Los Angeles County Registrar -Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior to the approval of a landslide moratorium exception permit for such garage, 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's geotechnical staff that the proposed project will not aggravate the existing situation; M. Submittal of applications for discretionary planning permits for structures or uses which are ancillary to the primary use of the lot or parcel, where there is no possibility of any adverse impact upon soil stability. Examples of these types of applications include special use permits for minor, temporary uses and events; fence, wall and hedge permits that do not involve grading or the construction of retaining walls; permits for the keeping of large domestic animals and exotic animals; conditional use permits for the establishment of a use or activity at or on an existing structure where no structural modifications are required; and such other uses, activities and structures that the city geotechnical staff determines to have no potential for adverse impacts on landslide conditions; N. Minor projects on those lots that are currently developed with a residential structure, which do not involve new habitable space or the addition of a swimming pool or spa, which cannot be used as a gathering space and viewing area, and which do not constitute lot coverage; Page 4 116 0. Permits issued pursuant to Section 15.20.110 (Required Connection to Operational Sanitary Sewer System) of this chapter to connect existing structures with functional plumbing fixtures to an operational sewer system; P. 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 16 undeveloped lots in Zone 2 of the "landslide moratorium area" as outlined in green on the landslide moratorium map on file in the director's office, identified as belonging to the plaintiffs in the case "Monks v. City of Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008)"; 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. 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. Prior to the 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. Q. Non -remedial grading, up to a cumulative maximum total of 50 cubic yards of grading per legal lot, on lots developed with a residential structure or other lawfully existing non-residential structure, provided that the grading is balanced on site with no imported material and provided the appropriate geological or geotechnical studies are submitted to demonstrate to the satisfaction of the city's geotechnical staff that the proposed grading will not aggravate the existing landslide situation. R. The construction of a barn or other similar non -habitable structure(s) used for the sole purpose of housing animals on lots that are currently legally developed with a residential structure. Said non - habitable structures shall only be permitted on lots that are served by a sanitary sewer system, shall not exceed a maximum roofed area of 1,600 square feet, and shall not count against the 1,200 square foot limitation set forth in paragraphs H and K of this section. A use restriction covenant, in a form acceptable to the city attorney, which prevents the structure from being used for any purpose other than a non -habitable use for animal keeping, shall be recorded with the Los Angeles County Registrar -Recorder against the title to said property. Said non -habitable structures shall be constructed and maintained so that the structure(s), and all interior spaces of said structure(s), are not fully enclosed and at least one wall along one exterior fagade is open to the air at all times. Prior to approval of an application, 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 non -habitable structure will not aggravate the existing situation. S. The installation or construction of a non -habitable storage structure used for the sole purpose of storing agricultural farming equipment on lots that have obtained a Conditional Use Permit for the growing of crops and/or fruits on more than one (1) acre for commercial or non-commercial purposes. Said non -habitable structure(s) shall not exceed a cumulative maximum square footage or roofed area of 1,600 square feet, shall only be permitted on lots that are served by a sanitary sewer system, and shall not count against the 1,200 square foot limitation set forth in Paragraphs 'H' and 'K' of this Section. A covenant which prevents the structure from being used for any purpose other than a non -habitable use for storing agricultural farming equipment, in a form approved by the City Attorney and enforceable by the City, shall be recorded with the Los Angeles County Registrar -Recorder against the title to said property, prior to Building Permit issuance. Said structures shall be constructed and maintained as non -habitable structures and shall be removed if an approved Conditional Use Permit ceases and a commercial or non- commercial agricultural use no longer remains on said property. Prior to approval of an application, the applicant shall submit to the director any geological or geotechnical studies required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed non -habitable structure will not aggravate the existing situation; Page 5 117 (Ord. 474 § 23, 2008; Ord. 462 § 7, 2007; Ord. 459U §§ 2, 3, 2007; Ord. 407 § 6, 2004; Ord. 383 § 5, 2002; Ord. 382U § 5, 2002; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) (Ord. No. 498, § 6,9-15-09; Ord. No. 501U, § 6,12-15-09; Ord, No. 502, § 6,1-5-10; Ord. No. 526, §§ 2-4, 10-18-11; Ord. No. 552, § 1, 12-3-13; Ord. No. 573, § 6, 8-4-15) 15.20.050 - Landslide mitigation measures required. Within the landslide moratorium area as identified in Section 15.20.020 (New Construction Permits Not Issued) of this chapter, the city shall require that appropriate landslide abatement measures be implemented as conditions of issuance of any permit issued pursuant to this chapter. With respect to proposed projects and uses requiring a landslide moratorium exception permit pursuant to Sections 15.20.040(B), (H), (K), (L) and (P), which must satisfy all of the criteria set forth in this section, the conditions imposed by the city shall include, but not be limited to, the following: A. If lot drainage deficiencies are identified by the director of public works, all such deficiencies shall be corrected by the applicant. B. If the project involves additional plumbing fixtures, or additions of habitable space which exceed 200 square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water. The capacity of the required holding tank system shall be subject to the review and approval of the city's building official. For the purposes of this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture. For those projects which involve additions of less than 200 square feet in total area and which are not to be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a covenant specifically agreeing that the addition of the habitable space will not be used for those purposes. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or after the effective date of the ordinance codified in this section (July 6, 2000), additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception permit is approved, the requirement for a holding tank may be waived, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to Section 15.20.110 (Required Connection to Operational Sanitary Sewer System) of this chapter, or by an agreement or condition of project approval. C. Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. D. If required by the city geotechnical staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the city geotechnical staff. E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the city. Such covenant shall be submitted to the director prior to the issuance of a building permit. F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the city a sewer and storm drain easement on the subject property, as well as any other easement required by the city to mitigate landslide conditions. Such covenant shall be submitted to the director prior to the issuance of a building permit. Page 6 118 G. A hold harmless agreement satisfactory to the city attorney promising to defend, indemnify and hold the city harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the director prior to the issuance of a building permit. H. 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 director pursuant to the terms of this chapter. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. I. All landscaping irrigation systems shall be part of a water management system approved by the director of public works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. J. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of a building permit for the project that is being approved pursuant to the issuance of the moratorium exception permit. K. All other necessary permits and approvals required pursuant to this code or any other applicable statute, law or ordinance shall be obtained. (Ord. 459U § 4, 2007; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) (Ord. No. 498, § 7, 9-15-09; Ord. No. 526, § 5, 10-18-11) 15.20.060 - Application. A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H), (K), (L), (P), and (Q), shall file an application for a landslide moratorium exception permit with the director. The application shall be signed by the property owner, and shall include the following: 1. A letter, signed by the property owner, setting forth the reason for request, as well as a full description of the project; 2. Copies of a site plan, showing accurate lot dimensions; the location, dimensions, and heights of all existing and proposed structures; the location of the existing and proposed septic systems and/or holding tank systems; and the location of the existing and/or proposed sanitary sewer system, if the site is or will be served by a sanitary sewer system. The number of copies required shall be determined by the director; 3. Information satisfactory to the city's geotechnical staff (including but not limited to geological, geotechnical, soils or other reports) reasonably required by the city to demonstrate that the proposed project will not aggravate the existing situation; 4. A fee as established by resolution of the city council; 5. If grading is proposed, a grading plan showing the topography of the lot and all areas of project cut and fill, including a breakdown of the earthwork quantities. B. A landslide moratorium exception permit application shall become null and void if, after submitting the required application to the director, the application is administratively withdrawn by the director because the application is allowed to remain incomplete by the applicant for a period which exceeds 180 days, or if the application is withdrawn by the applicant. (Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) Page 7 119 (Ord. No. 498, § 8, 9-15-09; Ord. No. 552, § 2, 12-3-13) 15.20.070 - Appeals. Any interested person may appeal any decision or any condition imposed by the director to the city council by filing a written request, together with an appeal fee as established by resolution of the city council, with the city within 15 days after the decision is made. (Ord. 309 § 4 (part), 1995) 15.20.080 - Expiration. A moratorium exception permit shall become null and void after 180 days from the date of issuance unless the planning applications necessary for the proposed project have been submitted to the director. The director may grant extensions beyond these periods for good cause. (Ord. 309 § 4 (part), 1995) 15.20.090 - Municipal code and environmental regulations. The building code, as amended, and existing plan checking procedures are adequate and appropriate to allow and regulate maintenance, repair, restoration, replacement and alteration as defined in this chapter. The Administrative Code, including Sections 309 through 319 as added by Section 15.18.110, applies and permits are required. Nothing contained in this chapter shall except the proposed construction or use from any requirement or regulation of the building code, zoning ordinance or other ordinance of this code or the California Environmental Quality Act. (Ord. 309 § 4 (part), 1995) 15.20.100 - Exclusions. For a parcel of land to be excluded from the landslide moratorium area, a landowner, or his designated agent, may apply for such exclusion to the city council. A. Application. To obtain an exclusion from this chapter, an applicant shall file an application for exclusion with the director and signed by the property owner. An application shall not be deemed complete until all required geology studies have been completed and review has been completed by the city geotechnical staff. An application shall include the following: The reason for the request; 2. A legal description of the property and a map of the property; 3. All anticipated development applications; 4. Any existing geological or geotechnical reports or necessary geology studies as determined by the city geotechnical staff; 5. A fee as established by the city council; 6. Any additional information as determined by the director or the city geotechnical staff; 7. A completed environmental assessment. B. Public Hearing. Notice shall be published in a newspaper of general circulation in the community not less than 15 days before the date set for the city council hearings. The notice shall contain all data pertinent to the hearing. Written notice shall also be mailed not less than 15 days before the Page 8 120 date set for the city council hearing to owners of property shown on the last equalized assessment roll as owning real property within 500 feet of the boundaries of the subject property. C. Findings. Upon approval of a landslide moratorium exclusion, the city council shall find as follows: 1. The exclusion is consistent with the general plan and any applicable specific plan of the city, including but not limited to, the coastal specific plan of the city; 2. The exclusion promotes the health, safety and welfare of the community; 3. The exclusion shall not aggravate any existing geologic conditions in the area. D. Conditions on Issuance of Approval. In granting any exclusion under this chapter, the city council may impose such conditions as may be reasonably necessary to preserve the intent of the goals and policies of the general plan and the provisions of the municipal code, which conditions shall include, but are not limited to, recording a covenant against the property documenting the nature and scope of any significant remedial grading, which is defined as excavation, fill or any combination thereof, which involves the redistribution of earth materials for the purpose of reestablishing the stability and continuity of said area, and which involves: (1) excavation, fill or any combination thereof in excess of 1,000 cubic yards within any two-year period, or (2) excavation ten feet or more below preconstruction grade or fill ten feet or more above preconstruction grade. (Ord. 416 § 4, 2005; Ord. 309 § 4 (part), 1995) 15.20.110 - Required connection to operational sanitary sewer system. Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red or green on the landslide moratorium map on file in the director's office, which is developed with a residential structure or any other structure that contains one or more operational plumbing fixtures and is served by a sanitary sewer system, as defined in this chapter, shall connect such structure(s) to the sanitary sewer system within six months after the commencement of operation of the sanitary sewer system. Either the director or the director of public works shall determine whether a lot or parcel is served by a sanitary sewer system, whether a structure contains one or more operational plumbing fixtures, or whether the connection to the sewer system is performed properly, including, without limitation, removal, or the discontinuation of the use, of any existing septic system. (Ord. 357 § 5 (part), 2000) (Ord. No. 498, § 9, 9-15-09) 15.20.120 - Procedure to adjust the boundary of the landslide moratorium area. Either the city or an owner of property that is located entirely or partially within the "landside moratorium area," as outlined in red or green on the landslide moratorium map on file in the director's office, may file an application with the city to adjust the boundary of the landslide moratorium area to accurately reflect geologic conditions that are present on the property that is the subject of the application, as determined by site-specific geologic investigation. A. Application. To obtain approval of an application to adjust the boundary of the landslide moratorium area, an applicant shall file an application with the community development department. If the application is filed by a person or entity other than the city, the application must be signed by all owners of the affected property. An application shall not be deemed complete until all required geology studies have been completed to the satisfaction of the city's geologist. An application shall include the following: Page 9 121 A legal description of the property that is the subject of the application and a map of the property demonstrating the area to be included within and/or excluded from the landslide moratorium area. 2. Any existing geological or geotechnical reports or necessary geology studies as determined by the city's geologist. 3. A fee, as established by resolution of the city council and a trust deposit in an amount that is estimated by staff to be sufficient to pay for the city's cost of having the city's geologist review the application and the geologic reports and studies. The applicant shall replenish the trust deposit upon a request from the city that additional funds are needed. Any unused funds remaining in the trust account at the conclusion of the review process shall be returned to the applicant. B. Approval. If the geology studies demonstrate to the satisfaction of the city's geologist that the boundary of the landside moratorium area is not in the correct location on the subject property, then the city geologist shall approve the application to adjust the landslide moratorium boundary, and the map on file in the community development department shall be adjusted accordingly. C. Denial. If the geology studies do not demonstrate to the satisfaction of the city's geologist that the boundary of the landside moratorium area is not in the correct location on the subject property, then the city geologist shall deny the application to adjust the landslide moratorium boundary. D. Withdrawal of Application. The applicant may withdraw the application at any time during the process; however, the applicant still is responsible to reimburse the city for any costs that the city has incurred to have the city's geologist staff review the application and geologic reports and studies. If the applicant does not respond to a request from the city's geologist for additional studies or information within six months of the date of the request, the city shall notify the applicant in writing that the city is withdrawing the request administratively, and no further action shall be taken. The applicant may reinstate the application within six months of the withdrawal by submitting a written application therefor accompanied by all required fees and amounts to be held in trust to continue the processing of the application. (Ord. No. 517, § 1, 1-18-11; Ord. No. 521, § 1, 5-3-11) Page 10 122 Chapter 15.20 - MORATORIUM ON LAND USE PERMITS*0 Sections: Footnotes: * Prior ordinance history: Ordinances 108U, 11 SU, 120U, 123U, 128U 130U, 131 U, 139U, 140U! 143U, 1488, 155U, 208, 223, 247, 240U and 276. 15.20.010 - Definitions. The following definitions shall apply to this chapter: "Alter" means to change in some, but not all, aspects where necessary to continue the use of, and where repair, replacement and restoration are not possible. "Director" means the director of planning, building and code enforcement. "Geologic investigation permit" means a permit issued by the city to allow field research for the preparation of geologic, geotechnical or soils reports. Field research shall include investigative trenching, boring or grading which is performed mechanically or by hand. Such trenching, boring or grading shall pertain only to the accumulation of necessary data. "Maintenance" means to keep in a particular safe condition. "Repair" means to bring back to a safe condition after partial decay or destruction. "Replacement" means to exchange a damaged portion for a new equivalent portion without changing form or function. For a dwelling unit it means to construct a new portion of a dwelling to substitute for that existing prior to damage. "Restoration" means to bring back to the original condition. "Permanent detached accessory structure" means a structure that is constructed on a permanent foundation, separate from and appurtenant to a main dwelling unit, which meets the minimum Uniform Building Code standards for human habitation, does not include any kitchen facilities and is not used as a separate dwelling unit. Acceptable structures shall include guest rooms, workshops or similar structures. "Plumbing fixture" means a plumbing fixture as defined by the Uniform Plumbing Code, unless expressly defined otherwise in this chapter. "Served by a sanitary sewer system" means that an operational sanitary sewer system is located within the boundaries of the subject lot or parcel or is located within a thoroughfare or right-of-way that is immediately adjacent to the lot or parcel and is no more than 200 feet from the boundary of the lot or parcel. (Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) 15.20.020 - New construction permits not issued. Notwithstanding any other ordinance or code of the city, the city declares a moratorium on the filing, processing, approval or issuance of building, grading or other permits, environmental assessments, environmental impact reports, conditional use permits, tentative maps or parcel maps in the area of the city identified as the "landslide moratorium area" as outlined in red on the landslide moratorium map on file in the office of the director, unless expressly allowed by Section 15.20.040 (Exceptions) of this chapter. However, the filing and preparation of environmental assessments, initial studies, negative declarations or environmental impact reports for the exclusive purpose of determining whether a parcel of land may be Page 1 123 excluded from the moratorium pursuant to Section 15.20.100 (Exclusions) of this chapter are not precluded by this section. (Ord. 309 § 4 (part), ] 995) 15.20.030 - Revocation of unused permits. Any building, grading permit or other permit for new construction in the landslide moratorium area which has been previously granted by the city but which has not been acted upon in substantial reliance by the holder thereof is revoked. (Ord. 309 § 4 (part), 1995) 15.20.040 - Exceptions. The moratorium shall not be applicable to any of the following: A. Maintenance of existing structures or facilities which do not increase the land coverage of those facilities or add to the water usage of those facilities; B. Replacement, repair or restoration of a residential building or structure which has been damaged or destroyed due to one of the following hazards, 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: 1. A Geologic Hazard. Such structure may be replaced, repaired or restored to original condition; provided, that such construction shall be limited to the same square footage and in the same general location on the property and such construction will not aggravate any hazardous geologic condition, if a hazardous geologic condition remains. Prior to the approval 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. The applicant shall comply with any requirements imposed by the city's geotechnical staff and shall substantially repair the geologic condition to the satisfaction of the city geotechnical staff prior to the issuance of a final building permit. Upon application to the director, setbacks may conform to the setbacks listed below: Minimum Setback Standards Front Interior side Street side Rear 20 5 10 15 A Hazard Other Than a Geologic Hazard. Such structure may be replaced, repaired or restored to original condition; provided, that such construction shall be limited to the same square footage and in the same general location on the property and such construction will not aggravate any hazardous condition, if a hazardous condition remains. Prior to the approval 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 Page 2 124 satisfaction of the city geotechnical staff that the proposed project will not aggravate the existing situation. Upon application to the director, setbacks may conform to the setbacks listed in subsection (13)(1) of this section; C. Building permits for existing structures which were constructed prior to October 5, 1978, for which permits were not previously granted, in order to legalize such structure(s). Such permits may only be granted if the structure is brought into substantial compliance with the Uniform Building Code; D. The approval of an environmental assessment or environmental impact report for a project as to which the city or redevelopment agency is the project applicant; E. Projects that are to be performed or constructed by the city or by the Rancho Palos Verdes Redevelopment Agency to mitigate the potential for landslide or to otherwise enhance public safety; F. Remedial grading to correct problems caused by landslide or to otherwise enhance public safety, performed pursuant to a permit issued pursuant to Section 17.76.040(B)(3) of this code; G. Geologic Investigation Permits. Prior to the approval of such a 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 investigation will not aggravate the existing situation; H. Minor projects on a lot that is in the'landslide moratorium area,' as outlined in red on the landslide moratorium map on file in the director's office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of 1,200 square feet per parcel; 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) and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The 1,200 square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection H. Minor projects involving the construction of an enclosed permanent detached accessory structure shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit is recorded with the Los Angeles County Registrar -Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, 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; I. Construction or installation of temporary minor nonresidential structures which are no more than 320 square feet in size, with no plumbing fixtures and which do not increase water use, may be approved by the director. If the lot is served by a sanitary sewer system, the permit may allow the installation of plumbing fixtures. All permits shall include a requirement that a use restriction covenant, in a form acceptable to the city which prevents the structure from being used for any purpose other than a nonhabitable use, is recorded with the Los Angeles County Registrar - Recorder. A minor nonresidential structure is defined as temporary if the building code does not require it to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not be erected upon or attached to such a foundation. Prior to approval of the application, 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; Page 3 125 J. Submittal of a lot -line adjustment application; K. Minor projects on a lot that is in the'landslide moratorium area,' as outlined in blue on the landslide moratorium map on file in the director's office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of 1,200 square feet per parcel; 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) and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The 1,200 square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection K. Minor projects involving the construction of an enclosed permanent detached accessory structure shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit is recorded with the Los Angeles County Registrar -Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, 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; L. Construction of one attached or detached garage per parcel that does not exceed an area of 600 square feet, without windows or any plumbing fixtures, on a lot that currently is developed with a residential structure or other lawfully existing nonresidential structure; 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). If the lot is served by a sanitary sewer system, the permit may allow the installation of windows and plumbing fixtures in the garage. The approval of a landslide moratorium exception permit for such a project shall be conditioned to require that a use restriction covenant, in a form acceptable to the city, that prevents the garage from being used for any purpose other than parking of vehicles and storage of personal property is recorded with the Los Angeles County Registrar -Recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior to the approval of a landslide moratorium exception permit for such garage, 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's geotechnical staff that the proposed project will not aggravate the existing situation; M. Submittal of applications for discretionary planning permits for structures or uses which are ancillary to the primary use of the lot or parcel, where there is no possibility of any adverse impact upon soil stability. Examples of these types of applications include special use permits for minor, temporary uses and events; fence, wall and hedge permits that do not involve grading or the construction of retaining walls; permits for the keeping of large domestic animals and exotic animals; conditional use permits for the establishment of a use or activity at or on an existing structure where no structural modifications are required; and such other uses, activities and structures that the city geotechnical staff determines to have no potential for adverse impacts on landslide conditions; N. Minor projects on those lots that are currently developed with a residential structure, which do not involve new habitable space or the addition of a swimming pool or spa, which cannot be used as a gathering space and viewing area, and which do not constitute lot coverage; Page 4 126 O. Permits issued pursuant to Section 15.20.110 (Required Connection to Operational Sanitary Sewer System) of this chapter to connect existing structures with functional plumbing fixtures to an operational sewer system; P. 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 16 undeveloped lots in Zone 2 of the "landslide moratorium area" as outlined in green on the landslide moratorium map on file in the director's office, identified as belonging to the plaintiffs in the case "Monks v. City of Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008)"; 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. 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. Prior to the 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. Q. Non -remedial grading, up to a cumulative maximum total of 50 cubic yards of grading per legal lot, on lots developed with a residential structure or other lawfully existing non-residential structure, provided that the grading is balanced on site with no imported material and provided the appropriate geological or geotechnical studies are submitted to demonstrate to the satisfaction of the city's geotechnical staff that the proposed grading will not aggravate the existing landslide situation. R. The construction of a barn or other similar non -habitable structure(s) used for the sole purpose of housing animals on lots that are currently legally developed with a residential structure. Said non - habitable structures shall only be permitted on lots that are served by a sanitary sewer system, shall not exceed a maximum roofed area of 1,600 square feet, and shall not count against the 1,200 square foot limitation set forth in paragraphs H and K of this section. A use restriction covenant, in a form acceptable to the city attorney, which prevents the structure from being used for any purpose other than a non -habitable use for animal keeping, shall be recorded with the Los Angeles County Registrar -Recorder against the title to said property. Said non -habitable structures shall be constructed and maintained so that the structure(s), and all interior spaces of said structure(s), are not fully enclosed and at least one wall along one exterior fagade is open to the air at all times. Prior to approval of an application, 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 non -habitable structure will not aggravate the existing situation. S. The installation or construction of a non -habitable storage structure used for the sole purpose of storing agricultural farming equipment on lots that have obtained a Conditional Use Permit for the growing of crops and/or fruits on more than one (1) acre for commercial or non-commercial purposes. Said non -habitable structure(s) shall not exceed a cumulative maximum square footage or roofed area of 1,600 square feet, shall only be permitted on lots that are served by a sanitary sewer system, and shall not count against the 1,200 square foot limitation set forth in Paragraphs `H' and 'K' of this Section. A covenant which prevents the structure from being used for any purpose other than a non -habitable use for storing agricultural farming equipment, in a form approved by the City Attorney and enforceable by the City, shall be recorded with the Los Angeles County Registrar -Recorder against the title to said property, prior to Building Permit issuance. Said structures shall be constructed and maintained as non -habitable structures and shall be removed if an approved Conditional Use Permit ceases and a commercial or non- commercial agricultural use no longer remains on said property. Prior to approval of an application, the applicant shall submit to the director any geological or geotechnical studies required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed non -habitable structure will not aggravate the existing situation; Page 5 127 (Ord. 474 § 23, 2008; Ord. 462 § 7, 2007; Ord. 459U §§ 2, 3, 2007; Ord. 407 § 6, 2004; Ord. 383 § 5, 2002; Ord. 382U § 5, 2002; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) (Ord. No. 498, § 6,9-15-09; Ord. No. 501U, § 6,12-15-09; Ord. No. 502, § 6,1-5-10; Ord. No. 526, §§ 2-4,10-18-11; Ord. No. 552, § 1, 12-3-13; Ord. No. 573, § 6, 8-4-15) 15.20.050 - Landslide mitigation measures required. Within the landslide moratorium area as identified in Section 15.20.020 (New Construction Permits Not Issued) of this chapter, the city shall require that appropriate landslide abatement measures be implemented as conditions of issuance of any permit issued pursuant to this chapter. With respect to proposed projects and uses requiring a landslide moratorium exception permit pursuant to Sections 15.20.040(8), (H), (K), (L) and (P), which must satisfy all of the criteria set forth in this section, the conditions imposed by the city shall include, but not be limited to, the following: A. If lot drainage deficiencies are identified by the director of public works, all such deficiencies shall be corrected by the applicant. B. If the project involves additional plumbing fixtures, or additions of habitable space which exceed 200 square feet, or could be used as a new bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system, septic systems shall be replaced with approved holding tank systems in which to dispose of on-site waste water. The capacity of the required holding tank system shall be subject to the review and approval of the city's building official. For the purposes of this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room shall not be construed to be an additional plumbing fixture. For those projects which involve additions of less than 200 square feet in total area and which are not to be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a covenant specifically agreeing that the addition of the habitable space will not be used for those purposes. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. For lots or parcels which are to be served by a sanitary sewer system on or after the effective date of the ordinance codified in this section (July 6, 2000), additional plumbing fixtures may be permitted and the requirement for a holding tank may be waived, provided that the lot or parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is approved and/or under construction but is not yet operational at the time that a project requiring a landslide moratorium exception permit is approved, the requirement for a holding tank may be waived, provided that the lot or parcel is required to be connected to the sanitary sewer system pursuant to Section 15.20.110 (Required Connection to Operational Sanitary Sewer System) of this chapter, or by an agreement or condition of project approval. C. Roof runoff from all buildings and structures on the site shall be contained and directed to the streets or an approved drainage course. D. If required by the city geotechnical staff, the applicant shall submit a soils report, and/or a geotechnical report, for the review and approval of the city geotechnical staff. E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to support and participate in existing or future sewer and/or storm drain assessment districts and any other geological and geotechnical hazard abatement measures required by the city. Such covenant shall be submitted to the director prior to the issuance of a building permit. F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the city a sewer and storm drain easement on the subject property, as well as any other easement required by the city to mitigate landslide conditions. Such covenant shall be submitted to the director prior to the issuance of a building permit. Page 6 128 G. A hold harmless agreement satisfactory to the city attorney promising to defend, indemnify and hold the city harmless from any claims or damages resulting from the requested project. Such agreement shall be submitted to the director prior to the issuance of a building permit. H. 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 director pursuant to the terms of this chapter. Such covenant shall be submitted to the director for recordation prior to the issuance of a building permit. I. All landscaping irrigation systems shall be part of a water management system approved by the director of public works. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden. J. If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves the applicant's property shall be inspected to verify that there are no cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate them, prior to the issuance of a building permit for the project that is being approved pursuant to the issuance of the moratorium exception permit. K. All other necessary permits and approvals required pursuant to this code or any other applicable statute, law or ordinance shall be obtained. (Ord. 459U § 4, 2007; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) (Ord. No. 498, § 7, 9-15-09; Ord. No. 526, § 5, 10-18-11) 15.20.060 - Application. A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H), (K), (L), (P), and (Q), shall file an application for a landslide moratorium exception permit with the director. The application shall be signed by the property owner, and shall include the following: 1. A letter, signed by the property owner, setting forth the reason for request, as well as a full description of the project; 2. Copies of a site plan, showing accurate lot dimensions; the location, dimensions, and heights of all existing and proposed structures; the location of the existing and proposed septic systems and/or holding tank systems; and the location of the existing and/or proposed sanitary sewer system, if the site is or will be served by a sanitary sewer system. The number of copies required shall be determined by the director; 3. Information satisfactory to the city's geotechnical staff (including but not limited to geological, geotechnical, soils or other reports) reasonably required by the city to demonstrate that the proposed project will not aggravate the existing situation; 4. A fee as established by resolution of the city council; 5. If grading is proposed, a grading plan showing the topography of the lot and all areas of project cut and fill, including a breakdown of the earthwork quantities. B. A landslide moratorium exception permit application shall become null and void if, after submitting the required application to the director, the application is administratively withdrawn by the director because the application is allowed to remain incomplete by the applicant for a period which exceeds 180 days, or if the application is withdrawn by the applicant. (Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995) Page 7 129 (Ord. No. 498, § 8, 9-15-09; Ord. No. 552, § 2, 12-3-13) 15.20.070 - Appeals. Any interested person may appeal any decision or any condition imposed by the director to the city council by filing a written request, together with an appeal fee as established by resolution of the city council, with the city within 15 days after the decision is made. (Ord. 309 § 4 (part), 1995) 15.20.080 - Expiration. A moratorium exception permit shall become null and void after 180 days from the date of issuance unless the planning applications necessary for the proposed project have been submitted to the director. The director may grant extensions beyond these periods for good cause. (Ord. 309 § 4 (part), 1995) 15.20.090 - Municipal code and environmental regulations. The building code, as amended, and existing plan checking procedures are adequate and appropriate to allow and regulate maintenance, repair, restoration, replacement and alteration as defined in this chapter. The Administrative Code, including Sections 309 through 319 as added by Section 15.18.110, applies and permits are required. Nothing contained in this chapter shall except the proposed construction or use from any requirement or regulation of the building code, zoning ordinance or other ordinance of this code or the California Environmental Quality Act. (Ord. 309 § 4 (part), 1995) 15.20.100 - Exclusions. For a parcel of land to be excluded from the landslide moratorium area, a landowner, or his designated agent, may apply for such exclusion to the city council. A. Application. To obtain an exclusion from this chapter, an applicant shall file an application for exclusion with the director and signed by the property owner. An application shall not be deemed complete until all required geology studies have been completed and review has been completed by the city geotechnical staff. An application shall include the following: The reason for the request; 2. A legal description of the property and a map of the property; 3. All anticipated development applications; 4. Any existing geological or geotechnical reports or necessary geology studies as determined by the city geotechnical staff; 5. A fee as established by the city council; 6. Any additional information as determined by the director or the city geotechnical staff; 7. A completed environmental assessment. B. Public Hearing. Notice shall be published in a newspaper of general circulation in the community not less than 15 days before the date set for the city council hearings. The notice shall contain all data pertinent to the hearing. Written notice shall also be mailed not less than 15 days before the Page 8 130 date set for the city council hearing to owners of property shown on the last equalized assessment roll as owning real property within 500 feet of the boundaries of the subject property. C. Findings. Upon approval of a landslide moratorium exclusion, the city council shall find as follows: 1. The exclusion is consistent with the general plan and any applicable specific plan of the city, including but not limited to, the coastal specific plan of the city; 2. The exclusion promotes the health, safety and welfare of the community; 3. The exclusion shall not aggravate any existing geologic conditions in the area. D. Conditions on Issuance of Approval. In granting any exclusion under this chapter, the city council may impose such conditions as may be reasonably necessary to preserve the intent of the goals and policies of the general plan and the provisions of the municipal code, which conditions shall include, but are not limited to, recording a covenant against the property documenting the nature and scope of any significant remedial grading, which is defined as excavation, fill or any combination thereof, which involves the redistribution of earth materials for the purpose of reestablishing the stability and continuity of said area, and which involves: (1) excavation, fill or any combination thereof in excess of 1,000 cubic yards within any two-year period, or (2) excavation ten feet or more below preconstruction grade or fill ten feet or more above preconstruction grade. (Ord. 416 § 4, 2005; Ord. 309 § 4 (part), 1995) 15.20.110 - Required connection to operational sanitary sewer system. Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red or green on the landslide moratorium map on file in the director's office, which is developed with a residential structure or any other structure that contains one or more operational plumbing fixtures and is served by a sanitary sewer system, as defined in this chapter, shall connect such structure(s) to the sanitary sewer system within six months after the commencement of operation of the sanitary sewer system. Either the director or the director of public works shall determine whether a lot or parcel is served by a sanitary sewer system, whether a structure contains one or more operational plumbing fixtures, or whether the connection to the sewer system is performed properly, including, without limitation, removal, or the discontinuation of the use, of any existing septic system. (Ord. 357 § 5 (part), 2000) (Ord. No. 498, § 9, 9-15-09) 15.20.120 - Procedure to adjust the boundary of the landslide moratorium area. Either the city or an owner of property that is located entirely or partially within the "landside moratorium area," as outlined in red or green on the landslide moratorium map on file in the director's office, may file an application with the city to adjust the boundary of the landslide moratorium area to accurately reflect geologic conditions that are present on the property that is the subject of the application, as determined by site-specific geologic investigation. A. Application. To obtain approval of an application to adjust the boundary of the landslide moratorium area, an applicant shall file an application with the community development department. If the application is filed by a person or entity other than the city, the application must be signed by all owners of the affected property. An application shall not be deemed complete until all required geology studies have been completed to the satisfaction of the city's geologist. An application shall include the following: Page 9 131 A legal description of the property that is the subject of the application and a map of the property demonstrating the area to be included within and/or excluded from the landslide moratorium area. 2. Any existing geological or geotechnical reports or necessary geology studies as determined by the city's geologist. A fee, as established by resolution of the city council and a trust deposit in an amount that is estimated by staff to be sufficient to pay for the city's cost of having the city's geologist review the application and the geologic reports and studies. The applicant shall replenish the trust deposit upon a request from the city that additional funds are needed. Any unused funds remaining in the trust account at the conclusion of the review process shall be returned to the applicant. B. Approval. If the geology studies demonstrate to the satisfaction of the city's geologist that the boundary of the landside moratorium area is not in the correct location on the subject property, then the city geologist shall approve the application to adjust the landslide moratorium boundary, and the map on file in the community development department shall be adjusted accordingly. C. Denial. If the geology studies do not demonstrate to the satisfaction of the city's geologist that the boundary of the landside moratorium area is not in the correct location on the subject property, then the city geologist shall deny the application to adjust the landslide moratorium boundary. D. Withdrawal of Application. The applicant may withdraw the application at any time during the process; however, the applicant still is responsible to reimburse the city for any costs that the city has incurred to have the city's geologist staff review the application and geologic reports and studies. If the applicant does not respond to a request from the city's geologist for additional studies or information within six months of the date of the request, the city shall notify the applicant in writing that the city is withdrawing the request administratively, and no further action shall be taken. The applicant may reinstate the application within six months of the withdrawal by submitting a written application therefor accompanied by all required fees and amounts to be held in trust to continue the processing of the application. (Ord. No. 517, § 1, 1-18-11; Ord. No. 521, § 1, 5-3-11) Page 10 132