CC SR 20170606 05 - Code Amendment Chapter 15.20RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/06/2017
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to introduce an ordinance amending Rancho Palos
Verdes Municipal Code Sections 15.20.040 (Exceptions), 15.20.050 (Landslide
Mitigation Measures Required) and 15.20.060 (Application) to establish Landslide
Moratorium Exception Category "U" for residential development on 48 Cinnamon Lane
(ZON2017-00157).
RECOMMENDED COUNCIL ACTION:
Introduce Ordinance No., amending Rancho Palos Verdes Municipal Code Sections
15.20.040 (Exceptions), 15.20.050 (Landslide Mitigation Measures Required) and
15.20.060 (Application) to establish Landslide Moratorium Exception Category "U" for
residential development on 48 Cinnamon Lane.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
h.
ORIGINATED BY: So Kim, Deputy Director/Planning Managers -
REVIEWED BY: Ara Mihranian, Director of Community Development
APPROVED BY: Doug Willmore, City Manager:". "I I
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No._ (page A-1)
B. Settlement Agreement (page B-1)
C. Public Correspondence (page C-1)
D. P.C. Resolution Nos. 2017-08 and 2017-09 (page D-1)
BACKGROUND AND DISCUSSION:
In 2014, the City and Ms. Andrea Joannou, the property owner of 40 Cherryhill Lane,
entered into a Settlement Agreement settling all claims related to the nuisance abatement
of a residence that moved several hundred feet from its original location onto City -owned
property on the seaward side of Palos Verdes Drive South. As part of the Settlement
Agreement, among other things, Ms. Joannou reserved her right to construct a
replacement house on her 40 Cherryhill Lane Lot or build on her 48 Cinnamon Lane Lot
(Attachment B).
On August 29, 2016, pursuant to the Settlement Agreement, the Director of Community
Development ("Director") granted an approval for a Landslide Moratorium Exception
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(LME) Permit, allowing Ms. Joannou to submit the appropriate Planning applications for
the placement of a manufactured home, detached garage, and a detached horse corral
on the vacant lot located at 48 Cinnamon Lane. The Director's approval of the LME
Permit was based on Category B which may allow a structure to be replaced, repaired
or restored to original condition; provided that such construction is 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. No appeal of the Director's
approval of LME Permit was filed.
On February 28, 2017, the Planning Commission adopted P.C. Resolution Nos. 2017-08
and 2017-09, certifying a Mitigated Negative Declaration and approving a Site Plan
Review and Grading Permit to allow the placement of a new 2,738ft2 manufactured
residence, detached garage, water storage tank, and 50yd3 of grading to accommodate
the proposed improvements (Attachment D).
On March 15, 2017, a timely appeal of the Planning Commission's decision was filed by
a group of residents. One of the reasons for the appeal is that the Municipal Code does
not have an exception category that allows the development of the vacant lot located at
48 Cinnamon Lane. As a result of the appeal, the Director determined that the Exception
Category B used to approve the applicant's LME Permit was not the appropriate category
and that a new category should be adopted by the City Council to reflect the intent of the
2014 Settlement Agreement. The appeal of the Planning Commission's decision has not
been scheduled at this time.
The City's Landslide Moratorium Ordinance currently prevents the "filing, processing,
approval orissuance of building, grading, or other permits" in the area of the City identified
as the "landslide moratorium area", unless expressly allowed under the 15.20.040
Exceptions section of the Code. Apart from the Settlement Agreement, no development
is allowed on the vacant lot located at 48 Cinnamon Lane as there is no Exception
Category. However, since the Settlement Agreement contemplated that Ms. Joannou
could build the replacement house at 48 Cinnamon Lane, and she has chosen to build on
this lot, the proposed code amendment is to effectuate the intent of the Settlement
Agreement by creating a new Exception Category "U" to allow residential construction at
48 Cinnamon Lane.
The proposed Exception Category "U" would allow the construction of up to 2,800ft2 of
total structure size including attached and detached structures. This maximum square
footage (rounded up) derives from the building permits on file with the City for the original
1,538ft2 replacement structure at 40 Cherryhill Lane plus up to 1,200ft2 of additional
square footage allowed for existing residences per Exception Category H. Furthermore,
the proposed Exception Category "U" would allow up to 50yd3 of balanced grading on site
which is allowed for developed lots within the Landslide Moratorium Area. Furthermore,
Staff also proposes to amend Sections 15.20.050 (Landslide Mitigation Measures
Required) and 15.20.060 (Application) to be consistent with the proposed Exception
Category "U". The proposed code amendments are summarized below in strakethro igh
for deleted text and underlined bold for new text.
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Proposed 15.20.040 — Exception
U. The construction of residential buildings, garages and accessory
structures up to 2,800 square feet in size with up to 50 cubic yards of
grading (cut and fill) balanced on-site, at 48 Cinnamon Lane (Tract 14195
Lot 12), 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). 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 to the approval of a landslide
moratorium exception permit for such minor protects, 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.
Amendment to 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), (P), and (T) and U 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:
Amendment to 15.20.060 — Application
A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H),
(K), (L), (P), (Q)= and (T) and U 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:
If the proposed ordinance amending Title 15.20 is adopted by the Council, once in effect,
the Director will reissue the requested LME based on Category "U" and a Notice of
Decision will be given to interested parties allowing the decision to be appealed to the
City Council. If appealed, the Council will be asked to consider both the merits of the LME
appeal and the merits of the Planning Commission's approval of the proposed residence
at the same public hearing.
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PUBLIC CORRESPONDENCE
Although not required, a public notice of the proposed code amendment was sent to all
property owners within a 500' radius of the subject site and published in the Peninsula
News on May 11, 2017. Staff received four (4) emails in response to the public
notice (Attachment C). The public comments (emails) are attached and summarized
below (in bold) followed by Staff's responses:
1) Amending the Municipal Code to establish Exception Category "U" is
effectively admitting that the original settlement was improper and should
not have been entered into and a LME Permit should not have been issued.
Staff's Comments: The City considers the Settlement Agreement to be valid and
accordingly approved a LME Permit. Establishing Exception Category "U"
effectuates the intent of the Settlement Agreement between the City and Mrs.
Joannou.
2) Issues raised in the appeal letter appealing the Director's decision to
approve development on 48 Cinnamon Lane is not addressed in the Public
Notice for the proposed Code Amendment Initiation.
Staff's Comments: The June 6t" public hearing is for the City Council's
consideration to initiate a Code Amendment and is not to consider the merits of
the appeal. A separate public hearing specific to the appeal will be scheduled at a
future City Council meeting.
3) An Environmental Impact Report should be required for development on
48 Cinnamon Lane.
Staff's Comments: An environmental document (Mitigated Negative Declaration)
has been prepared for the proposed residential development on 48 Cinnamon
Lane. This issue will be discussed in further detail at a future public hearing
specific to the appeal.
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ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 15.20.040, 15.20.050 AND
15.20.060 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
ESTABLISH LANDSLIDE MORATORIUM EXCEPTION CATEGORY "U"
TO ALLOW RESIDENTIAL DEVELOPMENT ON 48 CINNAMON LANE
TO PERMIT IMPLEMENTATION OF THE TERMS OF A CERTAIN
SETTLEMENT AGREEMENT (CASE NO. ZON 2017-00157).
WHEREAS, Andrea Joannou is the property owner of 40 Cherryhill Lane, which
was originally developed with a 1,538ft2 single-family residence and garage; and,
WHEREAS, Andrea Joannou is also the property owner of a vacant lot at 48
Cinnamon Lane (Lot 12, Block 3, Tract 14195); and,
WHEREAS, the residential improvements on 40 Cherryhill Lane moved several
hundred feet away from its original location to a City -owned property due to the
Portuguese Bend Landslide; and,
WHEREAS, on or about November 16, 2012, the City filed a lawsuit captioned
People of the State of California, et al. v. Andrea Joannou, et al., Los Angeles County
Superior Court case no. BC495866 in which the property owner filed a cross-complaint
seeking relief; and,
WHEREAS, the City claimed in the lawsuit that the improvements on 40
Cherryhill lot that moved onto City -owned property constituted a nuisance that the
property owner had the obligation to abate; and,
WHEREAS, on June 3, 2014, Ms. Joannou and the City executed a Settlement
Agreement (the "Settlement Agreement"), settling all claims, and by which Ms. Joannou
reserved her rights to replace the house previously located on her 40 Cherryhill Lane
Lot or to build a house on the 48 Cinnamon Lane Lot; and,
WHERES, on August 29, 2016, the Community Development Director ("Director")
granted an approval for a Landslide Moratorium Exception Permit, allowing Ms.
Joannou to submit the appropriate Planning applications for the placement of a
manufactured home, detached garage, and a detached horse corral on the vacant lot at
48 Cinnamon Lane; and,
WHEREAS, on February 28, 2017, the Planning Commission adopted P.C.
Resolution Nos. 2017-08 and 2017-09, certifying a Mitigated Negative Declaration and
approving a Site Plan Review and Grading Permit to allow the placement of a new
manufactured 2,738ft2 residence, detached garage, water storage tank, and 50yd3 of
grading to accommodate the proposed improvements; and
WHEREAS, on March 15, 2017, a timely appeal of the Planning Commission's
decision was filed by a group of residents. One of the reasons for the appeal is that the
Municipal Code does not have an exception category that allows the development of the
Cinnamon Lot; and,
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WHEREAS, as a result of the appeal, the Director determined that the Exception
Category B used to approve the applicant's LME Permit was not the appropriate
category and that a new category should be adopted by the City Council to reflect the
intent of the 2014 Settlement Agreement; and,
WHEREAS, a public notice was published on May 11, 2017, pursuant to the
requirements of the Rancho Palos Verdes Development Code announcing the reason,
date and time of the City Council meeting to consider adopting an ordinance amending
Chapter 15.20 of Title 15 of the Municipal Code; 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 code amendment qualifies as a ministerial project and
therefore is exempt from the application of CEQA (Section 21080); and,
WHEREAS, the City Council held a duly noticed public hearing on June 6, 2017,
at which time all interested parties were given an opportunity to be heard and present
evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY 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 amendments to Chapter 15.20 of Title 15 of the Municipal
Code are consistent with the Rancho Palos Verdes General Plan in that 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: Based on the foregoing, paragraph U of Section 15.20.040 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is added to read
as follows (the underlined bold text represents new language; the text in strikethrou
is to be deleted::
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:
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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
I Interior side
Street side Rear
2 TOT
5
10 1 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
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
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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;
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
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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;
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.
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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 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 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
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structures such as garages, sheds, and barns, and shall be limited to a
maximum of 25 percent lot coverage with proper setbacks from adjacent
properties as determined through the neighborhood compatibility analysis in
ordinance with Section 17.02.030(8) of the city's municipal code and the city's
neighborhood compatibility handbook. A main residence shall be single -story
and not exceed a maximum height of 16 feet as defined by the zoning code for
pad lots. Horse keeping is permitted up to a maximum of four 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, prior to development, record a covenant on the subject property in a form
approved by the city attorney running with the land and enforceable by city (i)
prohibiting future subdivision of said property, (ii) acknowledging that the city
makes no representation as to the suitability of the land for development and
assuming risk, and (iii) providing for trail dedication. The property owner will
work with the director to find a mutually agreeable trail alignment for
connectivity to the city's trail system which is vetted with trail groups and does
not impact the developable building site(s). 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.
U. The construction of residential buildings, garages and accessory
structures up to 2,800 square feet in size with up to 50 cubic yards of
grading (cut and fill) balanced on-site at 48 Cinnamon Lane (Tract 14195
Lot 12), 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). 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 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.
Section 4: Based on 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 (the
underlined bold text represents new language; the text in strife+hro irrh is to be
deleted::
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), (P), and (T) and U 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:
Section 5: Based on the foregoing, paragraph A of Section 15.20.060 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to
read as follows:
Applicants for an exception to this chapter under Sections 15.20.040(8), (H), (K),
(L), (P), (Q),, aid (T) and U 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:
Section 6: 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 7: The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 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 Council of this City of Rancho Palos Verdes.
Section 8: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31 st day after its passage.
Attest:
PASSED, APPROVED AND ADOPTED this day of 2017.
City Clerk
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Ordinance No. was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on 12017.
City Clerk
A-10
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into by and
between the City of Rancho Palos Verdes, a municipal corporation acting on its own
behalf and on behalf of the People of the State of California and as successor to the
Rancho Palos Verdes Redevelopment Agency (collectively referred to as "City") and
Andrea Joannou, individually and Trustee of the Andrea Joannou Trust of 2004
("Joannou" and, collectively with City, the "Parties" and singularly, "Party"), as of June
3, 2014 (the "Effective Date").
WHEREAS, Joannou is the record owner of real property described as Lot 40,
Block 1, of Tract 14118, per the map recorded in Book 306, pages 34 and 35 of maps, in
the office of the Los Angeles County Recorder, APN 7572-004-019 (the "Cherryhill
Lot"); prior to 1956, a single family residential structure was constructed on the Lot with
the address of 40 Cherryhill Lane (the "Structure");
WHEREAS, Joannou is also the record owner of real property described as Lot
12, Block 3, Tract 14195, per the map recorded in Book 323, pages 8 to 10 of maps, in
the office of the Los Angeles County Recorder, APN 7572-010-020, at the end of the cul-
de-sac of Cinnamon Lane (the "Cinnamon Lot"); the Cinnamon Lot is unimproved and is
located in the area of the Zone 2 Landslide Moratorium Ordinance Revisions project, for
which the City is now preparing a final Environmental Impact Report;
WHEREAS, the Structure has been moved over the years since 1956 by the
Portuguese Bend Landslide and is now located several hundred feet away from its
original location on the Lot, and is now located on Lot 1, of Parcel Map No. 17161,
recorded in book 192, pages 91 to 94 of maps in the office of the Los Angeles County
Recorder (the "City Parcel");
WHEREAS, on or about November 16, 2012, City filed a lawsuit captioned
People of the State of California, et al. v. Andrea Joannou, et al., Los Angeles County
Superior Court case number BC495866 (the "Lawsuit") in which Joannou has filed a
cross-complaint seeking affirmative relief;
WHEREAS, the Cherryhill Lot is also subject to a lawsuit captioned Andrea
Joannou, Trustee of the Andrea Joannou Trust of 2004, et al. v. Orphan Homes at 40 and
41 Cherryhill Lane, et al., Los Angeles County Superior Court Case No. BC445457, in
which. Joannou seeks to quiet title to the Cherryhill Lot in its original location (the
"Second Lawsuit");
WHEREAS, City claims in the Lawsuit that the Structure constitutes a nuisance
that Joannou has the obligation to abate;
WHEREAS, the Parties now desire to settle all claims among them with respect to
the Lawsuit and the Property;
NOW, THEREFORE, in consideration of the recitals above and the mutual
promises set forth below, the Parties agree as follows:
Page 1 of 5
I . Promptly after execution and delivery of this agreement by the Parties, the
Parties shall request dismissal of the Lawsuit with prejudice including the complaint and
cross-complaint. Each party shall bear her or its own costs and attorney fees incurred in
connection with the Lawsuit.
2. In consideration of the dismissal as described in Paragraph I, Joannou
shall convey all her right, title and interest in the Structure to City; and City shall
indemnify, defend and hold Joannou harmless from all claims arising after the Effective
Date in connection with the Structure, including, without limitation, City's claims that.
Joannou is responsible for the costs of demolition of the Structure.
3. In further consideration of the dismissal as described in Paragraph 1, City
shall give Joannou credit against City fees due in connection with processing entitlements
for the Cinnamon Lot or the Cherryhill Lot, whichever is the first lot for which she seeks
entitlements, for City fees (not including fees paid to City consultants) Joannou paid in
connection with her previous processing of permits for replacement of the Structure on
the City Parcel. Joannou will pay fees of her own consultants and any consultants that
are retained by the City to review her application, such as the City Geologist, Jim
Lancaster, and any non -City fees (such as fees to the County or the School District, for
example).
4. City wholly releases and forever discharges Joannou, and Joannou wholly
releases and forever discharges City from any and all manner of causes of action, whether
in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims,
demands, damages, losses, costs, or expenses, of any nature whatsoever, which any or all
of the Parties may now have or may hereafter claim to have arising from the Structure,
the Lawsuit and the Second Lawsuit, whether those claims are known or unknown,
suspected or unsuspected, fixed or contingent. Without limiting the generality of the
foregoing, Joannou releases all claims she may have to ownership of the Structure, and
City releases all claims it may have to reimbursement of expenses incurred in abating the
nuisance represented by the Structure on the City Parcel. Notwithstanding the foregoing,
the releases herein do not extend to any claims any Party may have concerning the
Cherryhill Lot (not including claims pertaining to the Structure, all of which are subject
to this release) or the Cinnamon Lot, and Joannou reserves all her rights with respect to
the Cherryhill Lot and the Cinnamon Lot, including, without limitation, her rights under
the landslide moratorium ordinance (as it now exists or may be amended in the future) to
replace the house that was previously located on the Cherryhill Lot or to build a house on
the Cinnamon Lot.
5. The releases set forth in paragraph 4 above are intended to bind, and inure
to the benefit of, each of the Parties' present or former principals, officers, employees,
agents, managers, parents, subsidiaries, affiliates, trustees, attorneys, insurers, reinsurers,
representatives, predecessors and successors, and their respective heirs, executors,
administrators, successors and assigns.
6. The Parties agree that neither the consideration provided in this
Agreement nor the execution or performance of any term of this Agreement shall
Page 2 of 5
Z�
constitute or be construed as an admission of any liability whatsoever or any wrongdoing
by either Party.
7. The Parties represent and warrant that there has not been any assignment
or other transfer of any interest in any of the claims released herein and there will be no
assignment or other transfer of any interest in any of the claims released herein.
8. The Parties acknowledge that they have been advised of and are aware that
California Civil Code § 1542 provides as follows:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release,
which if known by him or her must have materially affected his or her settlement
with the debtor.
The Parties hereby waive and relinquish all rights and benefits under Section 1542 of the
Civil Code with respect to the matters set forth in this Agreement, acknowledge that the
effect and import of such section has been explained to them by their own counsel and
further acknowledge that they may hereafter discover facts different than or in addition to
those which they now know or believe to be true with respect to the claims, demands,
debts, liabilities, obligations, actions, causes of action, costs, and expenses herein
released, and agree that this Agreement shall be and remain effective in all respects,
notwithstanding such different or additional facts.
9. This Agreement shall be construed without regard to the identity of the
person who drafted the various provisions. Each and every provision of this Agreement
shall be construed as though all of the Parties participated equally in the drafting of them,
and any rule of construction that a document is to be construed against the drafting party
shall not be applicable to this Agreement.
10. In the event that any Party should bring any action, suit, or other
proceeding against any other Party on any claim herein discharged and released, or
contesting the validity of this Agreement, or attempting to enforce the terms and
provisions of this Agreement, or to obtain any remedy or relief for any breach of this
Agreement, or to rescind, modify, or reform this Agreement or any of the terms or
provisions hereof, the prevailing party shall recover such party's reasonable attorneys'
fees incurred in each and every such action, suit, or other proceeding, including any and
all appeals or petitions therefrom.
11. Unless another person is designated in writing for receipt of any notice
required hereunder, every notice shall be sent electronically to the Party with a copy sent
by United States first-class mail, postage prepaid, to:
Notice to Joannou shall be given to:
Andrea Joannou
14 Limetree Lane
Rancho Palos Verdes, CA 90275
Page 3 of 5
Tel. (310) 941-0777
andrearpv@gmail.com
and
Douglas W. Beck
Law Offices of Douglas W. Beck
21250 Hawthorne Blvd., Suite 500
Torrance, CA 90503
Tel. (310) 294-9631
dougbeck@iseeyouincourt.com
Notice to City shall be given to:
Carolynn Petru, Acting City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Tel. (310) 544-5203
carolynn@rpv.com
and
Carol Lynch
Richards Watson & Gershon
355 S. Grand Ave., 40th floor
Los Angeles, CA 90071
Tel. (213) 626-8484
clynch@rwglaw.com
12. This Agreement represents the sole and entire agreement between the
Parties and supersedes all prior agreements, negotiations, and discussions between the
Parties. This Agreement may not be modified, except by an instrument in writing, signed
by all the Parties.
13. Each natural person signing this Agreement personally represents and
warrants that he is authorized to execute this Agreement on behalf of the Party for which
he is signing.
14. This Agreement may be executed in multiple, counterpart copies, or by
facsimile signature, each of which shall be deemed an original.
City of Rancho Palos Verdes
Ct'4'j4-"- 4-0 C'-�
It
Andrea Jou, individually,avQr
and Trustee .the Andrea Joannou
Trust of 2004
Page 4 of 5
Approved as to form
Law Offices of Douglas W. Bec Richards Watson & Gershon
Associates
1
by
by Caro ynch,
Douglas W. Beck, Attorneys for City of Rancho Palos Verdes.
Attorneys for Andrea Joannou, individually
and Trustee of the Andrea Joannou Trust of
2004
Page 5 of 5
May 24, 2017
The City of Rancho Palos Verdes
Attn: So Kim, Deputy Director/Planning Manager
Cc: Rancho Palos Verdes City Council
Mayor Campbell, Councilmembers Brooks, Dyda, Duhovic, and Misetich
Re: Code Amendment, Planning Case ZON2017-00157
Ms. Kim,
Sent via email
The proposed Code Amendment (ZON2017-00157) is a tacit admission that the City erred in entering into a Landslide
Moratorium Exception with the applicant, without basis. Now, the City is trying to mitigate this mistake by reverse -
engineering the Municipal Code to add an exception category to the Landslide Moratorium Ordinance in an attempt to
validate this approval of an LME.
We contend that this zoning action is arbitrary, capricious and illegal and constitutes a prime example of "spot zoning".
Spot zoning results when a small parcel of land is subject to more favorable zoning than surrounding properties.
However, a zoning change can only be considered legal if it serves the public interest and is consistent with the
Municipality's General Plan (Foothill Communities Coalition v County of Orange. Ca App Ct, 4th Div. January 13, 2014.
G047326).
This zoning change does not serve the public interest, but only one resident of the city and is intended to fulfill a
settlement agreement to the benefit of the resident, only. Nor is the the zoning change consistent with the City's
General Plan, as it doesn't comply with CEQA.
As stated in the City's General Plan: "The General Plan proposes to protect and manage the natural environment of the
City and, through the environmental analysis of specific development proposals, it is intended that specific mitigating
measures would be reauired".
The Plan also states: "The cumulative and long term effects of the project (the General Plan, itself) are to maintain the
natural environmental characteristics of the City while providing for controlled development of land capable of
supporting it".
The Mitigated Negative Declaration adopted for this parcel at the Planning Commission hearing is inconsistent with the
City's well documented stance of requiring a certified Environmental Impact Report be adopted before any further
development in Zone 2 (beyond the Monks' plaintiff's lots) can occur. Also, how seriously can this Mitigated Negative
Declaration be taken when, to date, no geotechnical studies have been performed on the parcel in question.
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If this Code Amendment is passed, this would likely be considered "piece-mealing" under CEQA law, which is not
allowed. You might argue that this is just a single project. However, it is difficult to imagine that this would not create
an indefensible precedent resulting in further uncontrolled development in Zone 2 without the proper identification and
mitigation of the impacts of such development, as described in an EIR. Given the known geotechnical issues and fragility
of the area, a careless buildout of Zone 2 could lead to disastrous consequences. Clearly, this not in the public interest.
It is obvious that this action is only in the interest of the property owner in that it would result in a financial windfall.
However, a Settlement Agreement, such as this one between the City and the property owner, cannot "bind the
Council's hands". In other words, the Council can use its discretion and deny this proposed zoning change without
facing legal liability. We call upon Council to do just that.
Sincerely,
Narcissa Vanderlip
100 Vanderlip Drive, RPV
Tim, Emily and Nick Vaughan
15 Cinnamon Lane, RPV
Bill & Lynn Petak
25 Sweetbay Road, RPV
Blair & Krishna Van Buren
34 Cinnamon Lane, RPV
John & Mary Tootle
5521 PV Drive South, RPV
Bill & Marianne Hunter
1 Cinnamon Lane, RPV
Tony Baker
16 Limetree, RPV
Pat & Marva Burt
31 Sweetbay, RPV
Edwin E. Burt
3358 Seaclaire Drive, RPV
Dr. Milt Owens, & Lisa Gladstone
18 Cinnamon Lane, RPV
Gail Worth & Roger Breghner
76 Narcissa, RPV
Jean & Charles Shriver
21 W. Pomegranate Road, RPV
Russ & Monika Bauer
68 Narcissa, RPV
Jeremy Davies
36 Cinnamon Lane, RPV
Ardys Burt
79 Narcissa, RPV
Susan Schilz
29 Cinnamon Lane, RPV
Mike & Claudia Yancheson
9 Fruit Tree, RPV
Sharon Cooper
3 Ginger Root Lane, RPV
Mike & Jayne Chiles
11 Figtree Road, RPV
Peter & Guri Gasteiger
38 Cinnamon Lane, RPV
Barb Rubenstein
34 Cinnamon Lane, RPV
Ben & Peggy Zask
96 Narcissa Drive, RPV
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Joan Wright
1 Fruit Tree, RPV
Hendrick & & Alba Rouwenhorst
1 Thyme Place, RPV
Tom & Kathy Mattis
3 Thyme Place, RPV
Doug & Sallie Reeves
8 Thyme Place, RPV
Dan & Vicki Pinkham
1 Narcissa, RPV
Marianne & Steve Shriver
21 West Pomegranate Road, RPV
Guy Grant
6 Thyme Place, RPV
Alfred & Adele Chan
1 Figtree Road, RPV
C-3
From: Jeremy Davies
To: Brian Campbell; Jerry Duhovic; Susan Brooks; Ken Dvda; Anthony Misetich; Planning; Doug Willmore; So Kim
Cc: robert.cumby; Dennis Gardner; ioanmc8921(@aol.com; Monika Bauer; Gordon Leon <Gordon.Lew-Oamail.com>;
Lewis Enstedt; mcnair maxwell; IDSloan6laol.com
Subject: Planning Case # ZON2017-00157
Date: Thursday, May 25, 2017 8:58:28 AM
Rancho Palos Verdes Council Members
Planning Commission
City Manager and
Deputy Director/Planning Manager So Kim
May 25, 2017
Planning Case no ZON2017- 00157
Code Amendment
Dear Mr Mayor, Council and Planning Commission
Members,
Thank you for your notice of May 11, 2017 referring to
the latest proposed City action on the above Planning
CWRTSM
1) By requesting an amendment to the Municipal Code
(Moratorium on Land Use Permits -Exceptions),
amendment to the Landslide Mitigation Measures
Required) and an Application to establish a Landslide
C-4
Moratorium Exception Category "U" the City is
effectively admitting that the original settlement
agreement was improper and should not have been
entered into. Furthermore the granting of an LME
permit should also not have been issued as it
contradicts existing City Codes.
2) By proposing these amendments to the code after an
agreement had been entered into by the City in
contradiction to its own code requirements the City is
effectively retroactively dating a settlement agreement
that should not have been entered into without these
proposed amendments and exception.
3) This raises a major public concern regarding City
governance and positions being taken by current and
former Council members in contradiction of the City
Codes.
4) Issues raised in paragraphs 4-7 of the appeal dated
February 10, 2017 to the proposed development have
not been addressed by the City in its May 11, 2017
notice raising further governance and professionalism
questions. Since these issues have not been addressed
the fee for the appeal should be reimbursed.
5) The City by issuing a new proposed Category "U" is
contradicting its position regarding the need for a new
EIR study before any further development in Zone 2.
C-5
I trust the Council members will be mindful of their
integrity and full faith and fiduciary commitments to
the Public in making decisions of "convenience" in
contravention of City Code requirements.
Sincerely,
Jeremy R Davies
36 Cinnamon Lane, RPV
C-6
5/25/17
So Kim
Deputy Director/Planning Manager
City Council,
Re: Code Amendment Planning Case ZON2017-00157
Ms. So Kim,
Honorable Mayor and Councilmembers,
Proposed Code Amendment ZON2017-00157 appears to be in response to an appeal of Planning
Commission Resolution 2017-08. This Code Amendment is putting the City in a position of engaging in
the illegal practice of spot zoning. Spot zoning is illegal if it does not serve the public interest or is
inconsistent with the City's General Plan. It is clear that this action is only in the interest of the property
owner. It is also inconsistent with the General Plan.
Background on this particular case: A Landslide Moratorium Exception permit does not have as part of
its approval process a public hearing component. Therefore, the first public notice of this project and
first opportunity for comment on this Resolution came when the notice for this case, dated February 2,
2017, was mailed out to residents within 500 feet of the project.
The Planning Commission was asked to make a decision on a project that should never have come
before them. P.C. Resolution No. 2017-08 states: "...WHEREAS, on JUNE 3, 2014, the property owner
and the City executed a Settlement Agreement, settling all claims, which allowed the property owner to
replace a house that was previously located on 40 Cherryhill lot or to build a house on 48 Cinnamon
Lane," leaving out this critical portion of the sentence in the Settlement Agreement: "...and Joannou
reserves all her rights with respect to the Cherryhill Lot and the Cinnamon Lot including, without
limitation, her rights under the landslide moratorium ordinance (as it now exists or may be amended in
the future)..." Now, after receiving the written appeal, Staff has proposed the Code Amendment before
you.
There is no right under the ordinance as it now exists for 1) building the Cherryhill house on the
Cinnamon lot or 2) the City accepting an LME application for the Cinnamon property. During the
commission meeting, staff agreed with this second point. The first point did not come up.
If by this settlement agreement the former City Attorney truly meant to establish a new LME exception
category by transferring the rights of one property to another, that would have to be done with a public
process as this act would be changing the municipal code. This is what the now -proposed, after the fact
Code Amendment attempts to do. This settlement agreement is in contradiction to the current code, as
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Mr. Mihranian pointed out during the Planning Commission meeting, though the commissioners took no
heed of his statement. It is settled case law in California that a settlement agreement between a
municipality and a litigant is illegal and unenforceable if it contradicts the municipal code. Staff referred
to this during the meeting but the commission dismissed it.
City staff incorrectly issued a Landslide Moratorium Exception (LME) permit on August 29, 2016. To
justify this, Staff gave, as precedent, a situation where a home was moved to a different location from
the active slide area into Zone 2. That situation occurred in 1988 and was because Palos Verdes Dr.
West. had to be rerouted through this particular property. Also, the actual structure (habitable and un -
abandoned) was moved. Subsequent to that time the code has been changed by adding the
requirement that homes be replaced "...in the same general location on the property..."
The Staff analysis and discussion during the meeting repeatedly referred to the settlement agreement as
allowing the applicant to submit the LME. During the discussion of the motion, the Chair stated: "Our
place on the planning commission is not to decide legal issues, who is right or wrong. What I see ahead
of us or in front of us here is that we have, after litigation, that "x" amount of lots right next door,
around the neighborhood have been allowed to build, so therefore 1 just see this as no different than
those lots coming before. All litigation has been taken care of on another level. We are just looking at it
from 3 specific things and based on the fact that the litigation is out of the way, other lots in that area
have been granted permission to build and things have been mitigated, I see that there is no other
choice for me but to support the staff decision."
Sadly, this shows a very poor understanding of some of the City's prior decisions. As the Environmental
Impact Report ordered by the City revealed, there are issues of great magnitude yet to be mitigated.
The litigation specifically did not include 47 other lots. It would not be for one Commissioner to expand
that legal decision otherwise. With due respect, as you know, litigation did not settle this.
Other items of concern to citizens should be the attitude expressed at the Planning Commission level
that the Planning Commission is a planning approval body and that the City Council is the planning
disapproval body, implying that the decision to approve the project was a foregone conclusion and a
waste of time to put forth legitimate concerns. Also of alarm was the question as to whether or not I
would abide by the law should the zoning for Zone 2 be changed. This is a very grave charge to level at a
resident for speaking up- not to mention a ridiculous question as there is no way to not abide by it short
of moving out of the City.
Inconsistency with the General Plan is noted when, as stated in the plan: "The General Plan proposes to
protect and manage the natural environment of the City and, through the environmental analysis of
specific development proposals, it is intended that specific mitigating measures would be required."
The EIR previously completed highlighted measures yet to be taken.
The Plan also states "The cumulative and long term effects of the project (the Plan) are to maintain the
natural environmental characteristics of the City while providing for controlled development of land
capable of supporting it." The land's capability has not been demonstrated.
MEN
This City was founded on the ideal of open space preservation and has the longest active landslide in
existence within its borders. These two facts have allowed the City to boast some of the most
spectacular coastal open spaces in Southern California. This has come with a price. The landslides are
demanding and relentless. The City has made some good headway in dealing with this in recent years.
The Council wisely realized that development in the area needed to proceed with caution and ordered
and Environmental Impact Report for further development in the Zone 2 area of Portuguese Bend.
Wisely as well, they realized the study uncovered issues of great magnitude in need of action. They
have held brainstorming workshops for landslide mitigation. They have listened to geologists and know
that the landslides are fed by water infiltrating the canyons. They have had Altamira Canyon
drainage/infrastructure workshops which have produced viable solutions to some of the identified
problems. The EIR was tabled. Now the Council wishes to circumvent their already paid -for studies and
allow spot -zoning for development within the arc of two landslides. This is certainly piece-mealing
under CEQA law, which is not allowed. The expensive workshops and studies appear to have been lip -
service only. When it comes to doing the hard work of making the landslide area a safe place, the City
should! This is no way to govern. We elect people to protect us, the environment and do the right thing
with respect to our short and long term infrastructure concerns. Building more homes in a landslide
area without the called for mitigations is short-sighted.
Should the council feel compelled to allow the building of a house lost to the landslide, the last place to
allow that would be back in the landslide area adjacent to the canyon that is the subject of concern. You
want to be smart about it and put homes away from the canyon, out of the landslides.
A Settlement Agreement cannot bind the council's hands. The council can and should use its discretion
and deny this proposed zoning change.
Cassie Jones
Rancho Palos Verdes
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From: Lynn Petak
To: ^So Kim
Subject: Planning Case #ZON2017-00157
Date: Tuesday, May 16, 2017 11:21:09 AM
May 16, 2017
So Kim,
I am sending this e-mail to address the direction that the City of Rancho Palos Verdes appears to be moving with
respect to the property located at 48 Cinnamon Lane. There should be no exemptions to building In this area
without an EIR. With all due respect, to create another code exception for the development of one lot is reckless
and irresponsible. I have been a resident of Portuguese Bend for over 20 years and I deal with the issues of the
landslide on a constant basis, especially as my home is in a location greatly impacted by the flow of water through
our community. Absolutely nothing has been done with respect to any issues raised by prior EIR studies. The City
owes it to the residents of our community to protect our property.
Allowing the building of any more homes in this sensitive, landslide area without the mitigation required by law is
extremely shortsighted. The City was founded on the ideal of open space and now it is the duty of our elected
officials to do the hard work it takes to maintain that promise. To date, the City has paid lip service to these ideals
while constantly moving in the opposite direction. By allowing this Code Amendment to move forward moves us
in the wrong direction and I strongly oppose it.
Sincerely,
Lynn Petak
25 Sweetbay Road
Rancho Palos Verdes, CA 90275
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P.C. RESOLUTION NO. 2017-08
A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES CERTIFYING A MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR A SITE PLAN REVIEW AND MINOR GRADING
PERMIT FOR THE CONSTRUCTION OF A 1,917FT2 MANUFACTURED
SINGLE-FAMILY RESIDENCE, A 600FT2 DETACHED GARAGE, A
WATER STORAGE TANK, AND 50YD3 OF GRADING TO
ACCOMMODATE THE IMPROVEMENTS AT 48 CINNAMON LANE
(CASE NO. ZON2016-00401).
WHEREAS, Andrea Joannou is the property owner of 40 Cherryhill Lane, which was
originally developed with a 1,538ft2 single-family residence and garage; and,
WHEREAS, Andrea Joannou is also the property owner of a vacant lot at 48 Cinnamon
Lane (Lot 12, Block 3, Tract 14195); and,
WHEREAS, the residential improvements on 40 Cherryhill Lane moved several hundred
feet away from its original location to a City owned property due to the Portuguese Bend
Landslide; and,
WHEREAS, on or about November 16, 2012, the City filed a lawsuit captioned People of
the State of California, et al. v. Andrea Joannou, et al., Los Angeles County Superior Court case
no. BC495866 in which the property owner filed a cross-complaint seeking relief; and,
WHEREAS, the City claimed in the lawsuit that the improvements on 40 Cherryhill lot
constituted a nuisance that the property owner had the obligation to abate; and,
WHEREAS, on June 3, 2014, the property owner and the City executed a Settlement
Agreement, settling all claims, which allowed the property owner to replace a house that was
previously located on 40 Cherryhill lot or to build a house on 48 Cinnamon Lane; and,
WHERES, on August 29, 2016, the Community Development Director ("Director")
granted an approval for a Landslide Moratorium Exception Permit, allowing the property owner
to submit the appropriate Planning applications for the placement of a manufactured home,
detached garage, and a detached horse corral on the vacant lot at 48 Cinnamon Lane; and,
WHEREAS, on August 30, 2016, the property owner submitted Site Plan Review, Minor
Grading Permit, and Environmental Assessment applications, requesting approval to place a
manufactured residence and a detached garage with 50yd3 of grading to accommodate the
improvements at 48 Cinnamon Lane; and,
WHEREAS, on September 2, 2016, the application was deemed incomplete due to
insufficient information. After subsequent submittals of additional information by the property
owner and in -concept approvals were granted by the City Geologist, Public Works Department,
and the Fire Department, the application was deemed complete on January 30, 2017; and,
P.C. Resolution No. 2017-08
Page 1 of 7 D-1
WHEREAS, on February 2, 2017, notice of the draft Mitigated Negative Declaration and
the proposed Site Plan Review and Minor Grading Permit was sent to all property owners
owning property within 500' of the subject site and appropriate public agencies for a comment
period of 20 -days, commencing on February 2, 2017 and concluding on February 22, 2017.
Additionally, the notice was published on the same day in the Palos Verdes Peninsula News;
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
there is no substantial evidence that the approval for the Site Plan Review and Minor Grading
Permit would result in a significant adverse effect on the environment, provided appropriate
mitigation measures are imposed on the project. Thus, a Mitigated Negative Declaration was
prepared and notice thereof was given in the manner required by law; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February
28, 2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has independently reviewed and considered
the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence
and finds that the Mitigated Negative Declaration was prepared in the manner required by law,
and there is no substantial evidence, provided appropriate mitigation measures are imposed,
that the approval of Case No. ZON2016-00401 (Site Plan Review, Minor Grading Permit and
Environmental Assessment) would result in a significant adverse effect upon the environment.
Section 2: There are no sensitive natural habitat areas on the subject site and,
therefore, the proposed project will have no individual or cumulative adverse impacts upon
resources, as defined in Section 711.2 of the State Fish and Game Code.
Section 3: With the imposition of the following mitigation measures that address
impacts upon aesthetics, air quality, biological resources, cultural resources, geology/soils,
hazards/hazardous materials, hydrology and water quality, noise, utilities/service systems in the
community and as set forth in the Mitigation Monitoring Program, Exhibit "B", which is attached
hereto and incorporated herein by this reference, the proposed project's potential significant
impacts will be reduced below a level of significance:
AES -1. The exterior lighting for the proposed residences shall be subject to the provisions of
Section 17.56.030 (Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes
Municipal Code. Prior to the issuance of building permits, 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 physically located.
AQ -1. During construction, including grading, excavating, and land clearing, storage piles and
unpaved disturbed areas shall be continuously stabilized by being kept wet, treated with
P.C. Resolution No. 2017-08
Page 2 of 7 D-2
a chemical dust suppressant, or covered when material is not being added to or
removed from the pile.
AQ -2. During construction, including grading, excavating, and land clearing, sufficient water
shall be applied to areas disturbed to prevent emitting dust and to minimize visible
emissions from crossing the boundary line.
AQ -3. During construction, including grading, excavating, and land clearing, construction
vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being
released or tracked off site.
AQ -4. During construction, including grading, excavating, and land clearing, the applicant's
contractor shall be responsible for minimizing bulk material or other debris from being
tracked onto the City's public roadways, and if tracked, the applicant's contractor shall
be responsible for cleaning up the impacted City's public roadways.
AQ -5. During construction, including grading, excavating, and land clearing, no trucks shall be
allowed to transport excavated material off-site unless the trucks are maintained such
that no spillage can occur from holes or other openings in cargo compartments, and
loads are either: covered with tarps; wetted and loaded such that the material does not
touch the front, back, or sides of the cargo compartment at any point less than 6" from
the top and that no point of the load extends above the top of the cargo compartment.
AQ -6. Prior to the issuance of any Grading or Building Permits, the applicant shall demonstrate
to the Community Development Director's satisfaction that dust generated by grading
activities shall comply with the South Coast Air Quality Management District Rule 403
and the City Municipal Code requirements that require regular watering for the control of
dust.
AQ -7. During construction, including grading, excavating, and land clearing, all excavating and
grading activities shall cease when winds gusts (as instantaneous gusts) exceed 25
mph. To assure compliance with this measure, grading activities are subject to periodic
inspections by City staff.
AQ -8. During construction, including grading, excavating, and land clearing, construction
equipment shall be kept in proper operating condition, including proper engine tuning
and exhaust control systems.
BIO -1. Prior to any grading or permit issuance, vegetation needed to be cleared for fuel
modification shall be offset by the property owner using a 2:1 ratio for CSS, a 0.5:1 ratio
for non-native grassland, and a 3:1 ratio for native grassland as described in the
Council -adopted NCCP for loss occurring in an area greater than 0.3 acres by using one
of the following two methods: 1) With the approval of the City, PVPLC, and the Wildlife
Agencies, the property owner shall dedicate additional acreage to the Palos Verdes
Nature Preserve that will add to the biological function of the Preserve and the property
owner shall provide management funding for the additional acreage according to a
Property Analysis Record or similar method; or 2) Payment of a mitigation fee to the
City's Habitat Restoration Fund, pursuant to the City's NCCP Subarea Plan. If the
revegetation option is selected, the Palos Verdes Peninsula Land Conservancy (PVPLC)
shall be hired by the City, at the property owner's expense, to grow and plant the
required vegetation.
P.C. Resolution No. 2017-08
Page 3 of 7 D-3
BIO -2. Prior to commencing construction, the construction area shall be clearly delineated with
fencing or other boundary markers. Temporary fencing (with silt barriers) shall be
installed at the limits of Project impacts to prevent habitat impacts and prevent the
spread of silt from the construction zone into adjacent habitats (i.e. Altamira Canyon).
Fencing shall be installed in a manner that does not affect adjacent habitats to be
avoided and in compliance with Section 17.56.020.0 of the RPVMC.
BIO -3. Prior to commencing construction, a pre -grading meeting shall occur to inform the
construction contractor of the biological/jurisdictional constraints (Altamira Canyon) of
this Project. The Project limits shall be clearly marked on Project maps provided to the
construction contractor and areas outside of the Project limits shall be designated as "no
construction" zones.
BIO -4. During construction, construction workers shall strictly limit their activities, vehicles,
equipment, and construction materials to the designated construction limits.
BIO -5. During construction, all equipment maintenance, staging, and dispensing of fuel, oil,
coolant, or any other such activities shall occur in designated areas within the fenced
Project limits. These designated areas shall be located in previously compacted and
disturbed areas, in such a manner to prevent runoff into adjacent areas and shall be
shown on the construction plans. Fueling of equipment shall take place on level surfaces
and contractor equipment shall be checked daily for leaks prior to operation and repaired
as necessary.
BIO -6. During construction, the construction work zone shall be kept as clean of debris as
possible to avoid attracting predators of native and sensitive wildlife. All food -related
trash items shall be enclosed in sealed containers and removed daily from the
construction work zone.
BIO -7. In order to avoid unnecessary impacts, should any non -listed species be found within
the property, they shall be avoided and allowed to leave the Project site on their own
volition, or a qualified biologist shall relocate them outside of the Project site.
BIO -8. Pets of Project personnel shall not be allowed on the Project site during construction.
BIO -9. Prior to any grading or building permit issuance, a qualified biologist shall review the
landscape plans to ensure that that no invasive, non-native plant species are used in
any proposed landscaping. The Landscape Plan shall include a plant palette that
consists of native plants and non-invasive species.
BIO-10.Prior to commencing construction, a Stormwater Pollution Prevention Plan (SWPPP)
shall be prepared to reduce the potential for accidental releases of fuel, pesticides, and
other materials. This plan shall outline refueling locations, emergency response
procedures, and reporting requirements. During construction, equipment for immediate
cleanup shall be kept at the staging area. This plan shall also include erosion control
measures to control surface runoff, erosion, and sedimentation outside of the project
footprints.
BIO -11.A qualified biologist shall monitor construction during clearing, grubbing, and initial
excavation activities, as needed. The biological monitor shall ensure that, if present,
P.C. Resolution No. 2017-08
Page 4 of 7 D-4
nesting birds in the Project vicinity are not impacted (change in normal behaviors) and
that construction workers stay within the designated footprint of the construction work
zone, as delineated by fencing, to avoid trespass on foot or in vehicles into sensitive
habitats, such as Altamira Canyon along the eastern perimeter of the Project site.
BIO-12.The clearance of vegetation during construction shall occur outside of the nesting
season (generally February 1 through September 1). If avoiding the nesting season is
not practicable, the following additional measures shall be employed:
A pre -construction nesting survey shall be conducted by a qualified biologist within 3
days prior to the start of construction activities to determine whether active nests are
present within or directly adjacent to the construction zone. All nests found shall be
recorded.
If construction activities must occur within 300 feet of an active nest of any passerine
bird or within 500 feet of an active nest of any raptor, with the exception of an
emergency, a qualified biologist shall monitor the nest on a weekly basis, and the
construction activity shall be postponed until the biologist determines that the nest is
no longer active.
iii. If the recommended nest avoidance zone is not feasible, the qualified biologist shall
determine whether an exception is possible and obtain concurrence from the
resource agencies before construction work can resume within the avoidance buffer
zone. All work shall cease within the avoidance buffer zone until either agency
concurrence is obtained or the biologist determines that the adults and young are no
longer reliant on the nest site.
CUL-1.Prior to the issuance of any grading or building 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 any grading or building permit, the applicant shall conduct a
Phase 1 archaeological survey of the property for approval by the Community
Development Director.
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.
GEO-1.Prior to issuance of any building or grading permit, the applicant shall submit the
additional information required by the City Geologist, including a soils report, and/or a
geotechnical report, for the review and approval of the City Geologist. The applicant
shall comply with any requirements imposed by the City Geologist and shall substantially
repair the geologic conditions to the satisfaction of the City Geologist.
GEO-2.Prior to issuance of any building or grading permit, 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, shall be
P.C. Resolution No. 2017-08
Page 5 of 7 D-5
submitted to the Community Development Director for recordation with the Los Angeles
County Recorders Office.
GEO-3.Prior to issuance of any building or grading permit, the applicant shall submit for
recordation a covenant, satisfactory to the City Attorney, 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. Such
covenant shall be submitted to the Community Development Director for recordation with
the Los Angeles County Recorders Office.
GEO-4.Prior to issuance of any grading or building permit, 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.
HAZ-1.Prior to issuance of a building permit, the new single-family residences and related
accessory structures shall be designed to incorporate all applicable fire protection
requirements of the City's most recently adopted Building Code, to the satisfaction of the
Building Official.
HYD-1.Prior to the issuance of a grading and/or building permit, the applicant shall submit for
review and approval by the City's Building Official an Erosion Control Plan that shall
include BMPs for erosion, sedimentation and run-off control during construction activities
to protect the water quality. Additionally, the Erosion Control Plan shall include post -
construction BMPs that apply to runoff from the future buildings, including roof run-off.
HYD-2.Prior to the issuance of a grading and/or building permit for new construction, the
applicant shall submit and obtain approval of a Drainage Plan by the City's Building &
Safety Division and the City's Public Works Director finding that stormwater runoff as a
result from the development of the subject site is designed to flow and utilize an on-site
drainage system that directs runoff from all buildings and structures on the site shall be
contained and directed to the streets or an approved drainage course. If lot drainage
deficiencies are identified by the Public Works Director, all such deficiencies shall be
corrected by the applicant.
HYD-3.AI1 landscaping irrigation systems shall be part of a water management system approved
by the Public Works Director. Irrigation for landscaping shall be permitted only as
necessary to maintain the yard and garden.
N-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.
P.C. Resolution No. 2017-08
Page 6 of 7 D-6
N-2. The project shall utilize construction equipment equipped with standard noise insulating
features during construction to reduce source noise levels.
N-3. All project construction equipment shall be properly maintained to assure that no
additional noise, due to worn or improperly maintained parts is generated during
construction.
UTL-1.Pursuant to the City -approved Landslide Moratorium Exception Permit (ZON2016-00170)
issued on August 29, 2016, prior to the issuance of any grading or building permit for the
project the sewer lateral that serves the applicant's property shall be inspected by the
Public Works Department to verify that there are no cracks, breaks or leaks. If such
deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate
them prior to any grading or building permit issuance.
Section 4: For the foregoing reasons and based on the information and findings
included in the Initial Study, Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No.
2017-_L8, thereby determining that the project as conditioned and mitigated will not have a
significant adverse impact on the environment and also finds that the preparation of the
Mitigated Negative Declaration attached hereto complies with CEQA. Therefore, the Planning
Commission hereby adopts the Mitigated Negative Declaration, which is attached hereto as
Exhibit "A" and Mitigation Monitoring Program, which is attached hereto as Exhibit 'B' and
incorporated herein by this reference, making certain environmental findings to allow the
construction of a 1,917ft2 manufactured single-family residence, a 600ft2 detached garage, a
water storage tank, and 50yd3 of grading to accommodate the improvements at 48 Cinnamon
Lane.
PASSED, APPROVED AND ADOPTED this 28th day of February 2017, by the following vote:
AYES: Commissioners Bradley, Nelson, Vice Chairman,Cruikshank, Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioners Emenhiser, Leon
ABSENT: Commissioner James
F
In.
Chairman
Ara i ra `
Community Development Director and
Secretary of the Planning Commission
P.C. Resolution No. 2017-08
Page 7 of 7 D-7
City of Rancho Palos Verdes
ENVIRONMENTAL CHECKLIST FORM
1. Project title:
Site Plan Review and Grading Permit (Case No. ZON2016-00401)
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:
So Kim, Senior Planner
City of Rancho Palos Verdes
(310) 544-5222
4. Project location:
48 Cinnamon Lane (Tract No. 14195, Lot 12, Blk 3)
City of Rancho Palos Verdes
County of Los Angeles
5. Project sponsor's name and address:
Andrea Joannou
14 Limetree Lane
Rancho Palos Verdes, CA 90275
6. General Plan designation:
Residential, 1-2 du/acre
7. Coastal Plan designation:
Not applicable
8. Zoning:
Single -Family Residential, 2 du/acre
9. Description of project:
Pursuant to Rancho Palos Verdes Code Section 15.20.020, there is a moratorium on the
filing, processing, approval or issuance of building, grading, or other permits in the area of
the City identified as the "Landslide Moratorium Area", which this subject lot is part of.
However, in 2014, the City and the property owner entered into a settlement agreement as a
result of lawsuit filings which among other things, gave the property owner the ability under
the exception category of the Landslide Moratorium ordinance (RPVMC 15.20.040.B) to
construct a replacement structure on the subject lot. As a result, the subject lot may be
permitted for residential development. The proposed project involves the construction of
one 1,917ft2 single-family residence plus a 600ft2 detached garage (total structure size of
2,617ft2), and a water storage tank on a vacant lot located at 48 Cinnamon Lane.
Environmental Checklist
Case No. ZON2016-00401
10. Description of project site (as it currently exists):
The project site is a triangular shaped vacant lot that measures 33,541ft2 in size, located at
the end of a private street — Cinnamon Lane. The subject lot gently slopes in a south
easterly direction with an extreme slope along the rear (i.e. northeast) property line that
descends to a canyon area. The subject site is located within the gated Portuguese Bend
residential community, within Zone 2 of the City's Landslide Moratorium Area. There are
only two access points to this neighborhood, which are both off Palos Verdes Drive South
(Narcissa Gate and the Peppertree Gate).
11. Surrounding land uses and setting:
12. Other public agencies whose approval is required:
None.
Page 2
m •
Land Uses
Significant Features
On-site
Vacant
See site description above.
The abutting lot to the northeast is a
vacant residential lot, which is
surrounded by other vacant and
developed lots, as well as the Filiorum
Vacant residential lot in the
Reserve which is a sub -area of the larger
Northeast
Portuguese Bend community and City-
Palos Verdes Nature Preserve. The
owned Palos Verdes Nature Preserve.
Filiorum Reserve was acquired by the
City in 2009 and contains a variety of
natural vegetation. An ephemeral stream
within Altamira Canyon, occurs along the
eastern lot boundary of the subject lot.
The abutting lot to the northwest is a
Developed and vacant residential lots
residential lot that obtained entitlements
in the Portuguese Bend community
from the Planning Department but has yet
Northwest
and the City -owned Palos Verdes
to be constructed. The properties
Nature Preserve.
beyond said lot is vacant, and the
Filiorum Reserve which is a sub -area of
the Palos Verdes Nature Preserve.
The abutting lot to the south is a vacant
South
Developed and undeveloped residen-
residential lot which is surrounded by
tial lots in the Portuguese Bend
mostly developed residential lots,
community
downslope from the subject property,
along Cinnamon Lane.
12. Other public agencies whose approval is required:
None.
Page 2
m •
Environmental Checklist
Case No. ZON2016-00401
Figure 1
Site Plan for 48 Cinnamon Lane (Tract No. 14195, Lot 12, Blk 3)
Page 3
i
D-10
Environmental Checklist
Case No. ZON2016-00401
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 indicated by the checklist on the
following pages.
Aesthetics II Agricultural Resources [=] Air Quality
Biological Resources F-�) Cultural Resources = Geology/Soils
F—_] Greenhouse Gas Emissions 0 Hazards & Hazardous Materials = Hydrology/water Quality
= Land Use/Planning
U Population/Housing
Transportation/Traffic
DETERMINATION:
" Mineral Resources
L7 Public Services
Utilities/Service Systems
On the basis of this initial evaluation:
= Noise
Recreation
Mandatory Findings of Significance
I find that the project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
® 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.
f I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
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.
f 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 imposed on the
proposed project, nothing further is required.
Signature: ` -- Date: February2, 2017
Printed Name: So Kim, Senior Planner For: City of Rancho Palos Verdes
Page 4
D-11
Environmental Checklist
Case No. ZON2016-00401
EVALUATION OF ENVIRONMENTAL IMPACTS:
Page 5
D-12
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
I. AESTHETICS. Would the project:
a) Have a substantial effect on a scenic
1
X
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
8
X
outcroppings, and historical buildings,
within a state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
11, 10
X
surroundings?
d) Create a new source of substantial light
or glare, which would adversely affect
11,10
X
day or nighttime views in the area?
Comments:
a) The subject site does not fall within any scenic vista identified in the City's General Plan. Therefore, there would be
no impact caused by the proposed project.
b) The approval of the proposed project will result in the future development of one lot. As the lot is undeveloped, there
are no historical buildings or other structures that could be damaged as a result of the construction of the proposed
project, although it is possible that some mature shrubs and trees might be removed as a result of future development.
Such vegetation is not protected. As such, damage to any scenic resources as a result of the proposed project will be
less than significant.
c) Approval of the proposed project will result in the development of one single-family residence on a residentially
zoned lot that is located on a private street (Cinnamon Lane) with predominantly developed lots with single-family
homes. As part of the City's entitlement process, the proposed project is subject to the neighborhood compatibility
analysis under the provisions of Section 17.02.030.13 (Neighborhood Compatibility) of the Rancho Palos Verdes
Municipal Code which will require the proposed residence to be compatible with the visual character of the surrounding
neighborhood. Therefore, as mitigated by the Neighborhood Compatibility process, there would be no impact caused by
the proposed project.
d) The proposed new residence on the subject lot will have exterior lighting that may have impacts to nighttime views in
the area. The materials and windows for the proposed residence will not adversely impact daytime views However, with
the incorporation of the following mitigation measure, the proposed project would result in less than a significant impact
to nighttime views:
AES -1: The exterior lighting for the proposed residences shall be subject to the provisions of Section 17.56.030
(Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes Municipal Code. Priorto the issuance
of building permits, 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 physically located.
Page 5
D-12
Environmental Checklist
Case No. ZON2016-00401
Page 6
D-13
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
II. AGRICULTURE RESOURCES. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
g
X
Farmland Mapping and Monitoring
Program of the California Resource
Agency, to non-agricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
g
X
contract?
c) Conflict with existing zoning for, or
cause rezoning of, forest land,
X
timberland, or timberland zoned
Timberland Production?
d) Result in the loss of forest land or
conversion of forest land to non -forest
X
use?
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
8
X
Farmland, to non-agricultural use or
conversion of forest land to non -forest
use?
Comments:
a -e) The subject site has an existing land use of single-family residential and is not zoned for agriculture or forestry use.
Additionally, the subject site does not include any farmland, forest land, ortimberland and therefore not in conflictwith
the Williamson Act. Therefore, there would be no impact caused by the proposed project.
III. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation
3
X
of the applicable air quality plan?
b) Violate any air quality standard or
contribute substantially to an existing or
3
X
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
3
X
or state ambient air quality standard
(including releasing emissions that
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to
3
X
substantial pollutant concentrations?
Page 6
D-13
Environmental Checklist
Case No. ZON2016-00401
Page 7
D-14
Less Than
Significant
Potentially
with Less Than
Issues and Supporting Information
Significant
Mitigation Significant No
Sources Sources
Impact
Incorporated Impact Impact
e) Create objectionable odors affecting a 2, 11
X
substantial number of people?
Comments:
a -d) The subject lot is located within the South Coast Air Basin, which is an area of non -attainment for Federal air
quality standards for ozone (03), carbon monoxide (CO), and suspended particulate matter (PM10 and PM25). The
proposed project would limit the amount of non -remedial grading for the development to less than fifty cubic yards (50
CY) total. The movement of soil and the operation of construction equipment may 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 1 -acre parcels would not exceed Localized Significance Thresholds
(LSTs) for nitrous oxides (NOx), CO, PM10 or PM2 5. With the incorporation of the following mitigation measures, the
proposed project would cause less than significant impacts:
AQ -1: During construction, including grading, excavating, and land clearing, storage piles and unpaved disturbed
areas shall be continuously stabilized by being kept wet, treated with a chemical dust suppressant, or covered
when material is not being added to or removed from the pile.
AQ -2: During construction, including grading, excavating, and land clearing, sufficient water shall be applied to areas
disturbed to prevent emitting dust and to minimize visible emissions from crossing the boundary line.
AQ -3: During construction, including grading, excavating, and land clearing, construction vehicles leaving the site
shall be cleaned to prevent dust, silt, mud, and dirt from being released or tracked off site.
AQ -4: During construction, including grading, excavating, and land clearing, the applicant's contractor shall be
responsible for minimizing bulk material or other debris from being tracked onto the City's public roadways, and
if tracked, the applicant's contractor shall be responsible for cleaning up the impacted City's public roadways.
AQ -5: During construction, including grading, excavating, and land clearing, no trucks shall be allowed to transport
excavated material off-site unless the trucks are maintained such that no spillage can occur from holes or other
openings in cargo compartments, and loads are either: covered with tarps; wetted and loaded such that the
material does not touch the front, back, or sides of the cargo compartment at any point less than 6" from the
top and that no point of the load extends above the top of the cargo compartment.
AQ -6: Prior to the issuance of any Grading or Building Permits, the applicant shall demonstrate to the Community
Development Director's satisfaction that dust generated by grading activities shall comply with the South
Coast Air Quality Management District Rule 403 and the City Municipal Code requirements that require
regular watering for the control of dust.
AQ -7: During construction, including grading, excavating, and land clearing, all excavating and grading activities
shall cease when winds gusts (as instantaneous gusts) exceed 25 mph. To assure compliance with this
measure, grading activities are subject to periodic inspections by City staff.
AQ -8: During construction, including grading, excavating, and land clearing, construction equipment shall be kept
in proper operating condition, including proper engine tuning and exhaust control systems.
e) The zoning of the subject lot does not permit industrial or commercial uses. Therefore, no objectionable odors are
expected to be generated as a result of the proposed project.
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either
6, 16
X
directly orthrough habitatmodifications
Page 7
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Environmental Checklist
Case No. ZON2016-00401
Page 8
D-15
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
on any species identified as a
candidate, sensitive, or special status
species in 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 or
regional plans, policies, or regulations,
6, 16
X
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on
federally protected wetlands, as defined
by Section 404 of the Clean Water Act
6, 16
(including, but not limited to, marsh,
X
vernal pool, coastal, etc.), through direct
removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the
6, 16
movement of any native resident or
migratory fish or wildlife species or with
X
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
e) Conflict with any local polices or
6, 16
ordinances protecting biological
X
resources, such as tree preservation
policy or ordinance?
D Conflict with the provisions of an
6, 16
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
X
or other approved local, regional, or
state habitat conservation plan?
Comments:
a, b, e, f) The subject lot consist of 0.4 acre of grassland and 0.36 acres of woodland communities. The Altamira
Canyon drainage, an ephemeral stream, occurs along the eastern lot boundary. The grassland community is
composed primarily of non-native species and none were observed within the footprint of the proposed project or on
the stream bed or banks. Nevertheless, the proposed project will result in 0.12 acres of permanent and 0.04
temporary impacts to grassland and exotic woodland communities. Compensation for impacts to these non-native
communities would follow guidelines in the NCCP Subarea Plan, as presented in mitigation measure BIO -1 below.
BIO -1 Prior to any grading or permit issuance, vegetation needed to be cleared for fuel modification shall be offset by
the property owner using a 2:1 ratio for CSS, a 0.5:1 ratio for non-native grassland, and a 3:1 ratio for native
grassland as described in the Council -adopted NCCP for loss occurring in an area greater than 0.3 acres by
using one of the following two methods: 1) With the approval of the City, PVPLC, and the Wildlife Agencies,
the property owner shall dedicate additional acreage to the Palos Verdes Nature Preserve that will add to the
biological function of the Preserve and the property owner shall provide management funding forthe additional
Page 8
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Environmental Checklist
Case No. ZON2016-00401
Less Than
Significant
Potentially with Less Than
Issues and Supporting Information Significant Mitigation Significant No
Sources Sources Impact Incorporated Impact Impact
acreage according to a Property Analysis Record or similar method); or 2) Payment of a mitigation fee to the
City's Habitat Restoration Fund, pursuant to the City's NCCP Subarea Plan. If the revegetation option is
selected, the Palos Verdes Peninsula Land Conservancy (PVPLC) shall be hired by the City, at the property
owner's expense, to grow and plant the required vegetation.
According to Biological Study prepared by AECOM, no special -status plant or wildlife species have been previously
recorded within the subject site and none were recently observed based on a site visit conducted in October 2015.
Additionally, the subject site does not contain Primary Constituent Elements (PCE), in other words habitat, for the
coastal California gnatcatcher. Suitable coastal sage scrub habitats that provide PCE for coastal California
gnatcatcher are present in nearby the PVNP reserves, including Filiorum and Portuguese Bend Reserves, where
undisturbed habitat provides for the survival and reproduction of the species. Implementation of the proposed
project is not anticipated to impact PCE required by the species. Critical habitat for Palos Verdes blue butterfly
occurs in two areas, the closest located two miles northwest of the subject site and is would not be impacted by the
proposed project. Nevertheless, indirect impacts during construction related to dust, stormwater runoff, and
through the potential spread of noxious and invasive plant species into Altamira Canyon could occur and such
impacts would be considered significant. However, by implementing and adhering to avoidance and minimization
measures provided in Mitigation Measures BIO -2 through BIO -11 below, along with mitigation measured
recommended under the Air Quality and Hydrology Sections of this Initial Study, indirect impacts to the surrounding
sensitive natural community would be less than significant.
BIO -2 Prior to commencing construction, the construction area shall be clearly delineated with fencing or other
boundary markers. Temporary fencing (with silt barriers) shall be installed at the limits of Project impacts to
prevent habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats (i.e.
Altamira Canyon). Fencing shall be installed in a manner that does not affect adjacent habitats to be avoided
and in compliance with Section 17.56.020.0 of the RPVMC.
BIO -3 Prior to commencing construction, a pre -grading meeting shall occur to inform the construction contractor of
the biological/jurisdictional constraints (Altamira Canyon) of this Project. The Project limits shall be clearly
marked on Project maps provided to the construction contractor and areas outside of the Project limits shall
be designated as "no construction" zones.
BI0-0 During construction, construction workers shall strictly limit their activities, vehicles, equipment, and
construction materials to the designated construction limits.
BI0-5 During construction, all equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other
such activities shall occur in designated areas within the fenced Project limits. These designated areas shall
be located in previously compacted and disturbed areas, in such a manner to prevent runoff into adjacent
areas and shall be shown on the construction plans. Fueling of equipment shall take place on level surfaces
and contractor equipment shall be checked daily for -leaks prior to operation and repaired as necessary.
13I0-6 During construction, the construction work zone shall be kept as clean of debris as possibleto avoid attracting
predators of native and sensitive wildlife. All food -related trash items shall be enclosed in sealed containers
and removed daily from the construction work zone.
BIO -7 In order to avoid unnecessary impacts, should any non -listed species be found within the property, they shall
be avoided and allowed to leave the Project site on their own volition, or a qualified biologist shall relocate
them outside of the Project site.
13I0-8 Pets of Project personnel shall not be allowed on the Project site during construction.
13I0-9 Prior to any grading or building permit issuance, a qualified biologist shall review the landscape plans to
ensure that that no invasive.. non-native plant species are used in any proposed landscaping. The Landscape
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Environmental Checklist
Case No. ZON2016-00401
Plan shall include a plant palette that consists of native plants and non-invasive species.
BIO -10 Prior to commencing construction, a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared to
reduce the potential for accidental releases of fuel, pesticides, and other materials. This plan shall outline
refueling locations, emergency response procedures, and reporting requirements. During construction,
equipment for immediate cleanup shall be kept at the staging area. This plan shall also include erosion control
measures to control surface runoff, erosion, and sedimentation outside of the project footprints.
BIO -11 A qualified biologist shall monitor construction during clearing, grubbing, and initial excavation activities, as
needed. The biological monitor shall ensure that, if present, nesting birds in the Project vicinity are not
impacted (change in normal behaviors) and that construction workers stay within the designated footprint of
the construction work zone, as delineated by fencing, to avoid trespass on foot or in vehicles into sensitive
habitats, such as Altamira Canyon along the eastern perimeter of the Project site.
Little wildlife was observed on site and no nest were observed in on-site trees. Nevertheless, indirect impacts to nesting
birds within the vicinity of the Project site could occur during construction as a result of noise, dust, increased human
presence, and vibrations resulting from construction activities. Disturbances related to construction could result in
increased nestling mortality due to nest abandonment or decreased feeding frequency. Therefore, indirect impacts
would be considered significant. By adhering to avoidance and minimization measure BIO -12 below, indirect impacts to
nesting birds would be reduced to less than significant.
BIO -12 The clearance of vegetation during construction shall occur outside of the nesting season (generally
February 1 through September 1). If avoiding the nesting season is not practicable, the following additional
measures shall be employed:
• A pre -construction nesting survey shall be conducted by a qualified biologist within 3 days priorto the start of
construction activities to determine whether active nests are present within or directly adjacent to the
construction zone. All nests found shall be recorded.
• If construction activities must occur within 300 feet of an active nest of any passerine bird or within 500 feet of
an active nest of any raptor, with the exception of an emergency, a qualified biologist shall monitor the nest on
a weekly basis, and the construction activity shall be postponed until the biologist determines that the nest is no
longer active.
• If the recommended nest avoidance zone is not feasible, the qualified biologist shall determine whether an
exception is possible and obtain concurrence from the resource agencies before construction work can resume
within the avoidance buffer zone. All work shall cease within the avoidance buffer zone until either agency
concurrence is obtained or the biologist determines that the adults and young are no longer reliant on the nest
site
c) Altamira Canyon is an ephemeral stream that occurs along the eastern perimeter of the subject site and receives
protection under the Clean Water Act and California Fish and Game Code. The limits of ground disturbance as a result
of the proposed project will be approximately 25 feet away from the top of the stream bank. As a result, permits from
regulatory agencies for impacts to waters pursuant to CWA Section 404, and waters of the State pursuant to CFGC
Sections 1600-1670 are not required.
d) The subject site represents a small area and is primarily composed of non-native species that are generally
unsuitable to support wildlife movement. Altamira Canyon, along the eastern perimeter of the Project site, may support
local wildlife movement. Activities proposed underthe Projectwould not remove vegetation along Altamira Canyon, thus
direct impacts to a movement corridor for local wildlife are not anticipated. However, temporary construction activities
(i.e., increased dust and noise) would likely result in wildlife species generally avoiding the immediate vicinity of the
Page 10
D-17
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
Plan shall include a plant palette that consists of native plants and non-invasive species.
BIO -10 Prior to commencing construction, a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared to
reduce the potential for accidental releases of fuel, pesticides, and other materials. This plan shall outline
refueling locations, emergency response procedures, and reporting requirements. During construction,
equipment for immediate cleanup shall be kept at the staging area. This plan shall also include erosion control
measures to control surface runoff, erosion, and sedimentation outside of the project footprints.
BIO -11 A qualified biologist shall monitor construction during clearing, grubbing, and initial excavation activities, as
needed. The biological monitor shall ensure that, if present, nesting birds in the Project vicinity are not
impacted (change in normal behaviors) and that construction workers stay within the designated footprint of
the construction work zone, as delineated by fencing, to avoid trespass on foot or in vehicles into sensitive
habitats, such as Altamira Canyon along the eastern perimeter of the Project site.
Little wildlife was observed on site and no nest were observed in on-site trees. Nevertheless, indirect impacts to nesting
birds within the vicinity of the Project site could occur during construction as a result of noise, dust, increased human
presence, and vibrations resulting from construction activities. Disturbances related to construction could result in
increased nestling mortality due to nest abandonment or decreased feeding frequency. Therefore, indirect impacts
would be considered significant. By adhering to avoidance and minimization measure BIO -12 below, indirect impacts to
nesting birds would be reduced to less than significant.
BIO -12 The clearance of vegetation during construction shall occur outside of the nesting season (generally
February 1 through September 1). If avoiding the nesting season is not practicable, the following additional
measures shall be employed:
• A pre -construction nesting survey shall be conducted by a qualified biologist within 3 days priorto the start of
construction activities to determine whether active nests are present within or directly adjacent to the
construction zone. All nests found shall be recorded.
• If construction activities must occur within 300 feet of an active nest of any passerine bird or within 500 feet of
an active nest of any raptor, with the exception of an emergency, a qualified biologist shall monitor the nest on
a weekly basis, and the construction activity shall be postponed until the biologist determines that the nest is no
longer active.
• If the recommended nest avoidance zone is not feasible, the qualified biologist shall determine whether an
exception is possible and obtain concurrence from the resource agencies before construction work can resume
within the avoidance buffer zone. All work shall cease within the avoidance buffer zone until either agency
concurrence is obtained or the biologist determines that the adults and young are no longer reliant on the nest
site
c) Altamira Canyon is an ephemeral stream that occurs along the eastern perimeter of the subject site and receives
protection under the Clean Water Act and California Fish and Game Code. The limits of ground disturbance as a result
of the proposed project will be approximately 25 feet away from the top of the stream bank. As a result, permits from
regulatory agencies for impacts to waters pursuant to CWA Section 404, and waters of the State pursuant to CFGC
Sections 1600-1670 are not required.
d) The subject site represents a small area and is primarily composed of non-native species that are generally
unsuitable to support wildlife movement. Altamira Canyon, along the eastern perimeter of the Project site, may support
local wildlife movement. Activities proposed underthe Projectwould not remove vegetation along Altamira Canyon, thus
direct impacts to a movement corridor for local wildlife are not anticipated. However, temporary construction activities
(i.e., increased dust and noise) would likely result in wildlife species generally avoiding the immediate vicinity of the
Page 10
D-17
Environmental Checklist
Case No. ZON2016-00401
Page 11
Less Than
Significant
Potentially
with Less Than
Issues and Supporting Information
Significant
Mitigation Significant
No
Sources
Sources
Impact
Incorporated Impact
Impact
in nature, restricted to the project construction time period. Furthermore, implementation of Mitigation Measures 13I0-2
throw h BIO -12 above would ensure impacts to a wildlife movement corridor are less than significant.
V. CULTURAL RESOURCES. Would the
project:
a) Cause a substantial adverse change in
the significance of a historical resource
8
X
as defined in §15064.5?
b) Cause a substantial adverse change in
the significance of an archaeological
5
X
resource pursuant to §15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or
5
X
unique geologic feature?
d) Disturb any human remains, including
those interred outside of formal
5
X
cemeteries?
Comments:
a) The subject lot has remained undeveloped since its creation in the late 1940s. Asa result, the proposed residential
development would have no impact upon any historical resources.
b -d) According to the City's Archaeology Map, the subject site is within a possible area of archaeological resources.
The approval of the proposed project would only permit 50yd3 of grading, which limits the depth of grading to surface
excavations for the footings of the structure. Nevertheless, it is possible that subsurface cultural resources may exist on
the subject lot. However, with the incorporation of the following mitigation measures, the proposed projectwould cause
less than significant impacts to cultural resources:
CUL -1 Prior to the issuance of any grading or building permit, the applicant shall consult with the South Central
Coastal Information Center (SCCIC) regarding any known archaeological sites on orwithin a half -mile radius of
the subject property.
CUL -2 Prior to the issuance of any grading or building permit, the applicant shall conduct a Phase 1 archaeological
survey of the property for approval by the Community Development Director
CUL -3 Priorto 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 d ro_ ose appropriate miti ation measures.
VI. GEOLOGY/SOILS. Would the project:
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 Map issued by the State
X
Geologist for the area or based on
other substantial evidence of a known
fault?
Page 11
Environmental Checklist
Case No. ZON2016-00401
Page 12
D-19
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
ii) Strong seismic ground shaking?
17
X
iii) Seismic -related ground failure, in-
17
X
cluding liquefaction?
iv) Landslides?
17
X
b) Result in substantial soil erosion or the
X
loss of topsoil?
c) Be located on a geological unit or soil
that is unstable, or that would become
unstable as a result of the project, and
17
X
potentially result 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
17
X
Code (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 disposal
X
systems where sewers are not available
for the disposal of wastewater?
Comments:
a, c -d) Pursuant to Rancho Palos Verdes Code Section 15.20.020, there is a moratorium on the filing, processing,
approval or issuance of building, grading, or other permits in the area of the City identified as the "Landslide Moratorium
Area", which this subject lot is part of. However, in 2014, the City and the property owner entered into a settlement
agreement as a result of lawsuit filings which among other things, gave the property owner the ability under the
exception category of the Landslide Moratorium ordinance (RPVMC 15.20.040.13) to construct a replacement structure
on the subject lot. As a result, a Landslide Moratorium Exception Permit (ZON2016-00170) was issued by the City on
August 29, 2016 that allows the processing of formal applications for the proposed residential development.
Additionally, on November 4, 2016, the City Geologist reviewed the proposed project and granted an in -concept
approval for planning purposes, provided that additional input is submitted during the Building & Safety plan check
process. According to the Official Maps of Seismic Hazard Zones provided by the State of California Department of
Conservation, the subject lot is located within an area that is potentially subject to earthquake -induced landslides. The
subject site is located within the vicinity of the Palos Verdes fault zone, although there is no evidence of active faulting
as a result. 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 subject site, it is expected that soil
investigations, reviewed and conceptually approved by the City's geotechnical consultant, will be required prior to
construction. With the incorporation of the following mitigation measures, the proposed project would cause less than
significant impacts:
GEO-1 Prior to issuance of any building or grading permit, the applicant shall submitthe additional information required
by the City Geologist, including a soils report, and/or a geotechnical report, for the review and approval of the
City Geologist. The applicant shall comply with any requirements imposed by the City Geologist and shall
substantially repair the geologic conditions to the satisfaction of the City Geologist.
GEO-2 Prior to issuance of any building or grading permit, 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, shall be submitted to the Community Development Director for recordation with the Los
Angeles County Recorders Office.
Page 12
D-19
Environmental Checklist
Case No. ZON2016-00401
Page 13
D-20
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
GEO-3 Prior to issuance of any building or grading permit, the applicant shall submit for recordation a covenant,
satisfactory to the City Attorney, 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. Such covenant shall be submitted to the Community Development Director for recordation with the
Los Angeles County Recorders Office.
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. With the incorporation of the following mitigation
measures, the proposed project would cause less than significant impacts:
GEO-4 Prior to issuance of any grading or building permit, 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 subject lot along with other lots within 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 or slowing or
stopping land movement. New residences in areas with sanitary sewer connections, such as the proposed project, are
required to connect to the existing sanitary sewer system. As a result, any geology/soils impacts related to septic
systems will be less than significant.
VII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
X
have a significant impact on the
environment?
b) Conflict with any applicable plan, policy
or regulation adopted for the purpose of
X
reducing the emissions of greenhouse
gases?
Comments:
a) The average California household generates thirty-eight (38) tons of carbon dioxide (CO2) emissions annually,
based upon data obtained from CoolCalifbmia.org. Currently, there are no generally -accepted significance thresholds
for assessing greenhouse gas (GHG) emissions. However, the development of the proposed residence 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.
The development of the subject lot 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. These efforts aim at reducing GHG emissions to 1990 levels by 2020 (a
reduction of approximately 30 percent) and then an 80 -percent reduction below 1990 levels by 2050. Currently, there
are no adopted plans, policies or regulations for the purpose of reducing GHG emissions for the development of new,
single-family residences. Additionally, the proposed manufactured residential building will be State certified, which
incorporates required Green building and energy standards. For this reason, the GHG emissions associated with the
proposed project would be less than significant.
Page 13
D-20
Environmental Checklist
Case No. ZON2016-00401
Page 14
D-21
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources Sources
Impact
Incorporated
Impact
Impact
VIII. HAZARDS & HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public
or the environment through the routine
X
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
X
conditions involving the release of
hazardous materials into the environ-
ment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
8
X
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
12
X
Section 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 public use airport,
8
X
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
8
X
in a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically
interfere with an adopted emergency
13
X
response plan or emergency evacuation
plan?
h) Expose people or structures to a
significant risk of loss, injury, or death
involving wildland fires, including where
9
X
wildlands are adjacent to urbanized
areas or where residences are
intermixed with wildlands?
Comments:
a -b) No hazardous materials or conditions are known or expected to exist on the subject property. The proposed
residential development of a manufactured home and a detached garage will utilize conventional construction methods
and materials that would not involve the use or transport of hazardous materials. Therefore, there would be less than
significant impact caused by the proposed project.
Page 14
D-21
Environmental Checklist
Case No. ZON2016-00401
Page 15
D-22
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant No
Sources
Sources Impact
Incorporated
Impact Impact
c) The nearest school in the vicinity of the subject property is the Portuguese Bend Nursery School at Abalone Cove
Shoreline Park. At its closest point, the subject property is over half a mile away from the nursery school. Therefore,
there would be no impact caused by the proposed project.
d) The subject lot is not included on a list of hazardous materials sites compiled pursuant to Government Code Section
65962.5. Therefore, there would be no impact caused by the proposed project.
e -f) The subject lot is not located within two (2) miles of Torrance Municipal Airport or in the vicinity of any private
airstrip. Therefore, there would be no impact caused by the proposed project.
g) In 2014, 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. Therefore, there would be less than significant impact caused by the
proposed project.
h) Based upon the most recent maps prepared by the California Department of Forestry and Fire Protection (Cal Fire),
the entire Palos Verdes Peninsula is within a Very High Fire Hazard Severity Zone. The subject lot is located atthe end
of a private street that abuts developed and undeveloped private properties. With the incorporation of the following
mitigation measure, the proposed project would cause less than significant impacts:
HAZA : Prior to issuance of a building permit, the new single-family residences and related accessory structures shall
be designed to incorporate all applicable fire protection requirements of the City's most recently adopted
Building Code, to the satisfaction of the Building Official.
IX. HYDROLOGYIWATER QUALITY. Would the project:
a) Violate any water quality standards or
X
wastewater 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 groundwater
X
(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 course of a
X
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, or substantially increase
X
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
X
planned stormwater drainage systems
or provide substantial additional sources
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Environmental Checklist
Case No. ZON2016-00401
Page 16
D-23
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
of polluted runoff?
f) Otherwise substantially degrade water
X
quality?
g) Place housing within a 100 -year flood
hazard area, as mapped on a federal
Flood Hazard Boundary or Flood
8
X
Insurance Rate map or other flood
hazard delineation map?
h) Place within a 100 -year flood hazard
area structures which would impede or
8
X
redirect flood flows?
i) Expose people or structures to a
significant risk of loss, injury, or death
8
X
involving flooding, including flooding as
a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or
r_8
X
mudflow?
Comments:
a, c -f) The proposed project may result in changes to the current drainage patterns of the area as a result of increased
impervious areas, as well as the potential for erosion and run-off during construction. With the incorporation of the
following mitigation measures, the proposed project would cause less than significant impacts:
HYD -1 Prior to the issuance of a grading and/or building permit, the applicant shall submit for review and approval by
the City's Building Official an Erosion Control Plan that shall include BMPs for erosion, sedimentation and run-
off control during construction activities to protect the water quality. Additionally, the Erosion Control Plan shall
include post -construction BMPs that apply to runoff from the future buildings, including roof run-off.
HYD -2 Prior to the issuance of a grading and/or building permit for new construction, the applicant shall submit and
obtain approval of a Drainage Plan by the City's Building & Safety Division and the City's Public Works Director
finding that stormwater runoff as a result from the development of the subject site is designed to flow and utilize
an on-site drainage system that directs runoff from all buildings and structures on the site shall be contained
and directed to the streets or an approved drainage course. If lot drainage deficiencies are identified by the
Public Works Director, all such deficiencies shall be corrected by the applicant.
HYD -3 All landscaping irrigation systems shall be part of a water management system approved by the Public Works
Director. Irrigation for landscaping shall be permitted only as necessary to maintain the yard and garden
b) The proposed project will not involve or require the withdrawal of groundwater because water service to these
properties will be provided by the California Water Service Company. Therefore, there would be less than significant
impact caused by the proposed project.
g -h) There are no Federally -mapped 100 -year flood hazard areas in the City of Rancho Palos Verdes. Therefore, there
would be less than significant impact caused by the proposed project.
i) There is no dam or levee anywhere in the vicinity of the subject lot. Therefore, there would be less than significant
impact caused by the proposed project.
j) The subject lot does 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 the subject property is roughly 430 feet above mean sea level
(MSL). Therefore, there would be less than significant impact caused by the proposed project.
X. LAND USE/PLANNING. Would the project:
a) Physically divide an established com- 1 8,2 X
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Environmental Checklist
Case No. ZON2016-00401
Page 17
D-24
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
munity?
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
1, 2
X
plan, specific 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 Natural Com-
6
X
munity Conservation Plan?
Comments:
a) Pursuant to Rancho Palos Verdes Code Section 15.20.020, there is a moratorium on the filing, processing, approval
or issuance of building, grading, or other permits in the area of the City identified as the "Landslide Moratorium Area",
which this subject lot is part of. However, in 2014, the City and the property owner entered into a settlement agreement
as a result of lawsuit filings which among other things, gave the property owner the ability under the exception category
of the Landslide Moratorium ordinance (RPVMC 15.20.040.8) to construct a replacement structure on the subject lot.
As a result, the subject lot may be permitted for residential development and a Landslide Moratorium Exception Permit
(ZON2016-00170) was issued by the City on August 29, 2016 that allows the processing of formal applications for the
proposed residential development. Since the subject site is a vacant lot located at the end of a private street within an
established tract with existing homes, the proposed residential development would not divide the Portuguese Bend
community; rather, it would constitute "in -fill' development within the community. Therefore, there would be no impact
caused by the proposed project.
b) The underlying General Plan land use and zoning designations for the subject lot are Residential 1-2 du/ac and
Single -Family Residential 2 du/ac, respectively. Both land use and zoning designations allow single-family residences
as the primary permitted use for the subject lot. Additionally, the subject lot is not located within the coastal zone.
Therefore, there would be no impact caused by the proposed project.
c) See Section IV, Biological Resources section above.
XI. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a
known mineral resource that would be of
1
X
value to the region and the residents of
the state?
b) Result in the loss of availability of a
locally -important mineral resource
recovery site delineated on a local
1
X
general plan, specific plan, or other land
use plan?
Comments:
a -b) There are no mineral resources known or expected to exist on the subject lot. Additionally, the approval of the
proposed project only permits shallow surface excavations, primarily for footings, as the quantity of grading is limited to
50yd3, balanced on site. Therefore, there would be no impact caused by the proposed project.
XII. 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
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Environmental Checklist
Case No. ZON2016-00401
Page 18
D-25
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
noise ordinance, or applicable stan-
dards of other agencies?
b) Exposure of persons to or generation of
excessive groundborne vibration or
X
groundborne noise levels?
c) A substantial permanent increase in
ambient noise levels in the project
X
vicinity above levels existing without the
project?
d) A substantial temporary or periodic
increase in ambient noise levels in the
X
project 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 public use airport,
8
X
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 dB(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 subject lot falling with a 70 db(A) noise contour. Therefore, there would be less than significant impact
caused by the proposed project
b -d) The proposed residential development will result in an increase of ambient noise levels in the area as a result of
one additional household and related vehicle noise. The large lot sizes of the neighboring lots in the near vicinity (i.e.,
averaging an acre in size) and the presence of existing mature foliage along the private rights-of-way and private
properties will serve as buffers to the "operational" noise associated with new residences. The operation of construction
equipment have the potential to create short-term construction -related noise and vibration impacts to neighboring
homes. With the incorporation of the following mitigation measure, the proposed project would cause less than
significant impacts:
N-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.
N-2: The project shall utilize construction equipment equipped with standard noise insulating features during
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Case No. ZON2016-00401
Page 19
D-26
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
construction to reduce source noise levels.
N-3: All project construction equipment shall be properly maintained to assure that no additional noise, due to
worn or improperly maintained parts is generated during construction.
e -f) The subject lot is not located within two (2) miles of Torrance Municipal Airport or in the vicinity of any private
airstrip. Therefore, there would be no impact caused by the proposed project.
XIII. POPULATIONIHOUSING. Would the project:
a) Induce substantial growth in an area
either directly (e.g., by proposing new
homes or businesses) or indirectly (e.g.,
14
X
through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction
8
X
of replacement housing elsewhere?
c) Displace substantial numbers of
people, necessitating the construction
8
X
of replacement housing elsewhere?
Comments:
a) The proposed project involves a residential development of a single vacant lot, which would result in an increase of
one household. Therefore, there would be less than significant impact caused by the proposed project.
b -c) As the proposed project is for residential development on a vacant lot, no existing housing or persons would be
displaced as a result of the proposed project. Therefore, there would be no impacts caused by the proposed project.
XIV. 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 im-
pacts, 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
Comments:
a) The proposed residential development of a single vacant lot will result in an increase of one household in an
established residential neighborhood that is currently served by public safety services. One additional household will
not result in impacts that will necessitate the provision of additional facilities to maintain existing public services.
Additionally, as standard requirements of the construction of new residences. the applicant will be required to pay fees
Page 19
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Environmental Checklist
Case No. ZON2016-00401
Page 20
D-27
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information Significant
Mitigation
Significant
No
Sources Sources Impact
Incorporated
Impact
Impact
to the Palos Verdes Peninsula Unified School District (PVPUSD). Therefore, there would be less than significant impact
caused by the proposed project
XV. RECREATION.
a) Would the project increase the use of
neighborhood and regional parks or
other recreational facilities such that
X
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 facilities,
X
which might have an adverse physical
effect on the environment?
Comments:
a) The proposed residential development of a single vacant lot will result in an increase of one household in an
established residential neighborhood. One additional household will not result in substantial increase in the use of
parks or other recreational facilities that would accelerate physical deterioration. Therefore, there would be less than
significant impact caused by the proposed project.
b) The proposed project does not include the development of recreation facilities and therefore, there would be less
than significant impact caused by the proposed project.
XVI. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan,
ordinance, or policy establishing
measures of effectiveness for the
performance of the circulation system,
taking into account all modes of
transportation including mass transit
X
and non -motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways,
pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion
management program, including, but
not limited to level of service standards
and travel demand measures, or other
X
standards established by the county
congestion 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
Page 20
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Environmental Checklist
Case No. ZON2016-00401
Page 21
Less Than
Significant
Potentially
with Less Than
Issues and Supporting Information Significant
Mitigation Significant No
Sources Sources Impact
Incorporated Impact Impact
equipment?
e) Result in inadequate emergency ac- 13
X
cess?
f) Conflicts with adopted policies, plans, or
programs supporting alternative trans-
X
portation (e.g. bus turnouts, bicycle
racks)?
Comments:
a, f) The land use and zoning designation of the subject site is residential development and has access via private
streets from Palos Verdes Drive South. As such, there would be no impacts to the circulation systems in relation to
mass transit to conflict with any adopted policies, plans, or programs supporting alternative transportation. Therefore,
there would be no impact caused by the proposed project
b) According to the Institute of Transportation Engineers Trip Generation (6'h edition), the trip generation rate for an
additional future residential project is nominal and not substantial enough to cause adverse impacts to the level of
service standard for designated roads or highways. Since the property can already be developed with a single-family
residence, an additional dwelling unit as a result of the proposed project would cause less than significant impact.
c) The subject property is designated for residential use that will not cause substantial safety risks because the
proposed residence complies with the required setbacks for the RS -2 zoning district, does not impair an intersection
visibility triangle, does not exceed the permitted building envelope of 16'/20' and is within an established residential
tract surrounded by other residential properties Therefore, there would be no impact caused by the proposed project.
d -e) The proposed project does not include any modifications to existing private rights-of-way or changes in current
land -use patterns that would create or increase hazardous conditions or hamper emergency access the Portuguese
Bend community. Additionally, the proposed project would need to comply with the adopted Municipal Code and
Uniform Building Code to ensure no adverse impacts. Furthermore, Fire Department review will be required to ensure
adequate emergency access. Therefore, the proposed project would cause less than significant impacts.
XVII. UTILITIES/SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment require-
ments of the applicable Regional Water
15
X
Quality Control Board?
b) Require or result in the construction of
new water or wastewater treatment
facilities or expansion of existing
15
X
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 facilities, the
15
X
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 provider which
serves or may serve the project that it
15
X
has adequate capacity to serve the
project's projected demand in addition
Page 21
Environmental Checklist
Case No. ZON2016-00401
Page 22
D-29
Less Than
Significant
Potentially
with
Less Than
Issues and Supporting Information
Significant
Mitigation
Significant
No
Sources
Sources
Impact
Incorporated
Impact
Impact
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 regulations related to solid
X
waste?
Comments:
a -c, e) The City has constructed a sanitary sewer system that serves certain areas of the Portuguese Bend
community, including the properties located along Cinnamon Lane (e g., the Abalone Cove Sewer System). The
purpose of constructing the Abalone Cove Sewer 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 or slowing or stopping land
movement. According to the EIR prepared for the Abalone Cove Sewer System project, this 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 the subject lot. 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 Pursuant to the City -approved Landslide Moratorium Exception Permit (ZON2016-00170) issued on August 29,
2016 , prior to the issuance of any grading or building permit for the project the sewer lateral that serves the
applicant's property shall be inspected by the Public Works Department to verify that there are no cracks,
breaks or leaks. If such deficiencies are present, the sewer lateral shall be repaired or reconstructed to
eliminate them prior to any grading or building permit issuance.
d) California Water Service Company (Cal Water) provides the City's water service. Given that the proposed project
will increase the number of households by only 1, the increase in water demand is nominal and will result in less than
significant impact.
f -g) The properties in the Portuguese Bend community 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.
XVIII. 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
X
plant 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, 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.
Page 22
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Environmental Checklist
Case No. ZON2016-00401
1 "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.
Page 23
D-30
Less Than
Significant
Potentially
with Less Than
Issues and Supporting Information Significant
Mitigation Significant No
Sources Sources Impact
Incorporated Impact Impact
b) Does the project have impacts that are
individually limited, but cumulatively
X
considerable?'
Comments:
The proposed project is to allow a manufactured home on a single vacant lot within an established residential
community. While there would be temporary construction related impacts, with the imposition of the recommended
mitigation measures, these potential cumulative impacts will be reduced to less -than -significant levels.
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.
XIV. 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 subsequent 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.
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 21083 and 21087.
Reference: Public Resources Code Sections 21080 (c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 321094,
21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonofff v. Monterey Board of Supervisors,
222 Cal. App. 3d 1337 (1990).
20. SOURCE REFERENCES.
1 "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.
Page 23
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Environmental Checklist
Case No. ZON2016-00401
Issues and Supporting Information
Sources Sources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 Trio Generation, 7± 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
Maos. Sacramento, California, accessed via website, March 2008
10
Project Plans
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 Supplement Environmental Impact Report
16
Popp, Arthur (AECOM). (2016, October 31). Biological Assessment for Tract 14195 Lot 12 — 48
Cinnamon lane (Case No. ZON2016-00401).
17
Lancaster, Jim (Kling Consulting Group, Inc). (2016, November 4). City of Rancho Palos Verdes
Revised Geotechnical Report Response Checklist.
ATTACHMENTS:
Mitigation Monitoring Program
Page 24
D-31
Exhibit "B"
Mitigation Monitoring Program
Project: Site Plan Review and Grading Permit (ZON2016-00401)
Location: 48 Cinnamon Lane (Tract No. 14195, Lot 12, Blk 3)
Rancho Palos Verdes, CA 90275
County of Los Angeles
Applicant/Landowner: Andrea Joannou
TABLE OF CONTENTS
1 Introduction.........................................................................................................................2
Purpose.....................................................................................................................................2
EnvironmentalProcedures.........................................................................................................2
Mitigation Monitoring Program Requirements............................................................................................ 2
II. Management of the Mitigation Monitoring Program................................................................................... 3
Rolesand Responsibilities.......................................................................................................................... 3
Mitigation and Monitoring Program Procedures—, ....... ................... ......... ................. ...................... 3
MitigationMonitoring Operations ........................ -......................................................................................
III. Mitigation Monitoring Program Checklist.................................................................. ............................... 5
IV. Mitigation Monitoring Summary Table........................................................................................................ 6
Mitigation Monitoring Program
Exhibit B - Page 1 Resolution No. 2017-
D-32
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP) is to allow the following project at 48 Cinnamon Lane (Tract No. 14195,
Lot 12, Blk 3), located at the end Cinnamon Lane, a private street, within the Portuguese Bend community in the
City of Rancho Palos Verdes:
Construction of a 1,917ft2 single-family residence, a 600ft2 detached garage (total structure size of
2,617ft2), and a water storage tank.
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.
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."
Mitigation Monitoring Program
Exhibit B - Page 2 Resolution No. 2017-
D-33
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre -grading,
construction, and operation. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification. The
Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation
Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of
verification of compliance; the timing of verification; the department or agency responsible for implementing the
mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes department of Community Development
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 OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure:
1. The City of Rancho Palos Verdes, Community Development Director shall designate a party responsible for
monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Community Development Director shall provide to the party responsible
for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation
measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes, Community Development Director with advice from Staff or another City department, is
responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined,
the Community Development Director would document the change and shall notify the appropriate design,
construction, or operations personnel about refined requirements.
Mitigation Monitoring Program
Exhibit B - Page 3 Resolution No. 2017-
D-34
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of
Rancho Palos Verdes on February 28, 2017. 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 B - Page 4 Resolution No. 2017-
D-35
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P.C. RESOLUTION NO. 2017-09
A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A SITE PLAN REVIEW AND
MINOR GRADING PERMIT FOR THE CONSTRUCTION OF A 1,917FT2
MANUFACTURED SINGLE-FAMILY RESIDENCE, A 600FT2
DETACHED GARAGE, A WATER STORAGE TANK, AND 60YD3 OF
GRADING TO ACCOMMODATE THE IMPROVEMENTS AT 48
CINNAMON LANE (CASE NO. ZON2016-00401).
WHEREAS, Andrea Joannou is the property owner of 40 Cherryhill Lane, which was
originally developed with a 1,538ft2 single-family residence and garage; and,
WHEREAS, Andrea Joannou is also the property owner of a vacant lot at 48 Cinnamon
Lane (Lot 12, Block 3, Tract 14195); and,
WHEREAS, the residential improvements on 40 Cherryhill Lane moved several hundred
feet away from its original location to a City owned property due to the Portuguese Bend
Landslide; and,
WHEREAS, on or about November 16, 2012, the City filed a lawsuit captioned People of
the State of California, et al. v. Andrea Joannou, et al., Los Angeles County Superior Court case
no. BC495866 in which the property owner filed a cross-complaint seeking relief; and,
WHEREAS, the City claimed in the lawsuit that the improvements on 40 Cherryhill lot
constituted a nuisance that the property owner had the obligation to abate; and,
WHEREAS, on June 3, 2014, the property owner and the City executed a Settlement
Agreement, settling all claims, which allowed the property owner to replace a house that was
previously located on 40 Cherryhill lot or to build a house on 48 Cinnamon Lane; and,
WHERES, on August 29, 2016, the Community Development Director ("Director")
granted an approval for a Landslide Moratorium Exception Permit, allowing the property owner
to submit the appropriate Planning applications for the placement of a manufactured home,
detached garage, and a detached horse corral the vacant lot at 48 Cinnamon Lane; and,
WHEREAS, on August 30, 2016, the property owner submitted Site Plan Review, Minor
Grading Permit, and Environmental Assessment applications, requesting approval to place a
manufactured residence and a detached garage with 50yd3 of grading to accommodate the
improvements at 48 Cinnamon Lane; and,
WHEREAS, on September 2, 2016, the application was deemed incomplete due to
insufficient information. After subsequent submittals of additional information by the property
owner and in -concept approvals were granted by the City Geologist, Public Works Department,
and the Fire Department, the application was deemed complete on January 30, 2017; and,
WHEREAS, on February 2, 2017, notice of the draft Mitigated Negative Declaration and
the proposed Site Plan Review and Grading Permit was sent to all property owners owning
property within 500' of the subject site and appropriate public agencies for a comment period of
20 -days, commencing on February 2, 2017 and concluding on February 22, 2017. Additionally,
the notice was published on the same day in the Palos Verdes Peninsula News; and,
P.C. Resolution No. 2017-09
Page 1 of 1b-44
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 Planning Commission of the City of Rancho Palos Verdes adopted P.C.
Resolution No. 2017-08, determining that there is no substantial evidence that the approval for
the Site Plan Review and Minor Grading Permit would result in a significant adverse effect on
the environment, provided appropriate mitigation measures are imposed on the project; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on February
28, 2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a 1,917ft2
manufactured single-family residence, a 600ft2 detached garage, a water storage tank, and
50yd3 of grading to accommodate the improvements.
Section 2: A Site Plan Review is warranted because the proposed project conforms
with the provisions of the Code, including but not limited to, setbacks, heights, and open space.
Additionally, the proposed project is compatible with the character of the immediate
neighborhood in terms of the scale of surrounding residences, architectural styles and materials,
and setbacks. More specifically, the immediate neighborhood is developed with single -story,
low profile homes with design elements that reflect California Ranch style homes. The
streetscape of neighborhood is heavily vegetated along the private streets with only portions of
the residences visible between the trees. The more recently built homes in the immediate
neighborhood are more visible as they are perched on the slope utilizing grading to create a pad
lot that is higher than the street elevation. The proposed residence will be smaller than the
neighborhood average in terms of structure size and the proposed height of the new residence
and detached garage is 15.08718.54' and 10.12'/11.62', respectively, which maintains the low -
profile character of the existing neighborhood. Furthermore, while the proposed residence will
be elevated towards the front fagade, the elevated portion will be oriented to the south and not
west towards the street. Also, the proposed detached garage will be oriented with the shorter
side of the structure facing the street, which will be setback by 76'-3" from the front property line.
The proposed residence will be placed an additional 10'-11" beyond the garage. As a result,
only portions of the proposed residence will be visible from the street due to the strategic
placement of the main residence behind the garage and its larger setback from the street. In
terms of architectural styles and materials, the proposed residence represents a classic single -
story California Ranch style home designed with a 3:12 pitched shingle roof, extended eaves,
exterior siding, a deck with wooden guardrails, symmetrical windows, and a recessed entryway,
which are common elements found in the immediate neighborhood. Additionally, the proposed
setbacks of 76'-3" front, 20' side and 50' rear, which are compatible with the large setbacks of
other existing residential developments in the immediate neighborhood.
Section 3: A Minor Grading Permit is warranted because the proposed 50yd3 of
grading to accommodate the improvements will be balanced on site with no imported material
and appropriate geological or geotechnical studies were conceptually approved that
demonstrates that the proposed grading will not aggravate the existing landslide situation.
P.C. Resolution No. 2017-09
Page 2 of 1 b-45
Section 4: The proposed project is compliant with the Urban Appearance Overlay
Control District (OC -3) and regulations as the proposed project is designed in a manner that
does not adversely impact views, vistas, or the existing visual character of the City.
Additionally, the proposed project is strategically situated away from neighboring views,
designed with low -profile structures that do not impact protected views, and the related grading
is minimal which will be balanced on site. Additionally, no manufactured grading or re -
contouring is proposed that may change the visual character of the site or its surroundings.
Section 5: Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing,
setting forth the grounds of the appeal and any specific actions requested by the appellant, and
accompanied by the appropriate appeal fee, no later than fifteen (15) days following February
28, 2017, the date of the Planning Commission's final action.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2017-09,
thereby approving Site Plan Review and Minor Grading Permit, subject to the conditions in
Exhibit `A', which is attached hereto, to allow the construction of a 1,917ft2 manufactured single-
family residence, a 600ft2 detached garage, a water storage tank, and 50yd3 of grading to
accommodate the improvements at 48 Cinnamon Lane.
PASSED, APPROVED AND ADOPTED this 28th day of February 2017, by the following vote:
AYES: Commissidners Bradley, Nels9n, Vice Chairman Cruikshank, Chairman Tomblin
NOES: None
ABSTENTIONS: None
RECUSALS: Commissioners Emenhiser, Leon
ABSENT: Commissioner James
Ara Mihr n, avi om in,
Community Development Director and Chairman
Secretary of the Planning Commission
P.C. Resolution No. 2017- 09
Page 3 of 1b_46
Exhibit "A"
Conditions of Approval
Site Plan Review, Grading Permit & Environmental Assessment
48 Cinnamon Lane (ZON2016-00401)
General Conditions:
Prior to the submittal of plans into Building and Safety plan check, the applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Exhibit "A". Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of
its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other
actions and proceedings (whether legal, equitable, declaratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not
limited to arbitrations, mediations, and other such procedures) (collectively "Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, the action of, or any permit or approval issued by, the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. Approval of this permit shall not be construed as a waiver of applicable and appropriate
zoning regulations, or any Federal, State, County and/or City laws and regulations.
Unless otherwise expressly specified, all other requirements of the City of Rancho Palos
Verdes Municipal Code shall apply.
4. The Community Development Director is authorized to make minor modifications to the
approved plans and any of the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with the approved plans and
conditions. Any substantial change to the project shall require approval of a revision by
the final body that approved the original project, which may require new and separate
environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, conditions of approval, including
but not limited to height, setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code or administrative citations as described
in Section 1.16 of the City's Municipal Code.
7. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard shall
apply.
P.C. Resolution No. 2017-09
Page 4 of 1 b-47
8. If the applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within 1 -year of the final effective date of this approval, the project
shall expire and be of no further effect unless, prior to expiration, a written request for
extension is filed with the Community Development Department and approved by the
Director.
9. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City.
10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans.
11. The construction site and adjacent public and private properties and streets shall be kept
free of all loose materials resembling trash and debris in excess of that material used for
immediate construction purposes. Such excess material may include, but not be limited
to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of
earth, salvage materials, abandoned or discarded furniture, appliances or other
household fixtures.
12. 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.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in Section
17.56.050(C) of the Development Code.
Project Specific Conditions:
15. This approval is for the following:
a) Construction of a 1,917ft2 manufactured single-family residence with a 288ft2
attached elevated deck along the front fagade and a 600ft2 detached garage.
P.C. Resolution No. 2017-09
Page 5 of 1 b-48
b) Installation of a grey water storage tank underneath the deck along the front
fagade.
c) Construction of a 3' tall planter wall that wraps around both sides of the
residence to screen the area below the deck.
d) 50yd3 of balanced on site grading limited to less than 5' in depth of cut or fill. No
grading shall be allowed over extreme slopes (35% or greater in gradient).
16. The height of the approved project shall be as depicted on the stamped approved plans.
The maximum height of the approved manufactured residence is 15.08' as measured
from the highest elevation of existing building pad covered by structure (elev. 99.08') to
the highest point of the structure (elev. 114.16'); and 18.54', as measured from the point
where the lowest foundation or slab meets finished grade (elev. 95.62') to the highest
point of the structure (elev. 114.16'). The maximum height of the approved detached
garage is 10.12' as measured from the highest elevation of existing building pad covered
by structure (elev. 97.41') to the highest point of the structure (elev. 107.53'); and 11.62',
as measured from the point where the lowest foundation or slab meets finished grade
(elev. 95.91') to the highest point of the structure (elev. 107.53'). BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
17. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (proposed: 13.6%).
18 The approved residence shall maintain setbacks of 20' (76'-3" proposed) front, 15' (50'
proposed) rear, 5' (20' proposed) sides.
19. Except for driveways, paved walkways and parking areas, all of the required 20' setback
area shall be landscaped. Driveways, paved walkways and parking areas shall not
cover more than 50% of the required 20' front yard setback area.
20. A minimum of two enclosed parking spaces shall be provided and maintained in a
garage, and a minimum of two unenclosed parking spaces shall be provided and
maintained as a driveway, on the property. An enclosed parking space shall have an
unobstructed ground space of no less than 9' width by 20' in depth, with a minimum of 7'
of vertical clearance over the space. An unenclosed parking space shall have an
unobstructed ground space of no less than 9' in width by 20' in depth.
21. A driveway shall be a minimum width of 10'.
22. The slope of the driveway shall not exceed a 20% gradient (proposed: 14.5%).
23. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
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 physically
located.
24. No construction of any improvement is allowed within a legal easement without written
authorization from the legal holder of the easement. Such authorization shall be in a
form that can be recorded and shall be reviewed by the City Attorney.
P.C. Resolution No. 2017-09
Page 6 of 1b-49
25. Cargo containers may be used for temporary storage in conjunction with construction
allowed through an active building permit, provided that the City's Building Official
determines that the active building permit warrants the use of a cargo container for
temporary storage and is needed to facilitate construction. The number and location of
cargo containers shall be subject to the approval of the City's Building Official and shall
be placed in a location that will minimize disturbance of the surrounding property owners
to the satisfaction of the Building Official.
26. The temporary silhouette shall be removed within seven (7) days of the final effective
date of this approval.
Landslide Moratorium Exception Conditions:
27. Prior to issuance of any building or grading permit, the applicant's drainage plan
shall be reviewed and approved by the Director of Public Works Department, and said
plan shall provide details regarding the location, dimensions and height above or below
grade for a holding tank for site drainage runoff. If lot drainage deficiencies are identified
by the Public Works Director, all such deficiencies shall be corrected by the applicant.
28. Prior to issuance of any building or grading permit, the sewer lateral that serves the
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, to the satisfaction of the Public Works Director.
29. The requirement for a sewer holding tank shall be waived provided that the subject
parcel will be connected to the sanitary sewer system.
30. Roof runoff from all buildings and structures on the site shall be contained and directed
to the streets or an approved drainage course.
31. Prior to issuance of any building or grading 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.
32. All other necessary permits and approvals required pursuant to this code or any other
applicable statute, law or ordinance shall be obtained.
33. Prior to issuance of any building or grading permit, if required by the City Geologist,
the applicant shall submit a soils report, and/or a geotechnical report, for the review and
approval of the City Geologist. The applicant shall comply with any requirements
imposed by the City Geologist shall substantially repair the geologic conditions to the
satisfaction of the City Geologist.
34. Prior to issuance of any building or grading permit, 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, shall be
submitted to the Community Development Director.
35. Prior to issuance of any building or grading permit, the applicant shall submit for
recordation a covenant, satisfactory to the City Attorney, agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit further
P.C. Resolution No. 2017-09
Page 7 of 1 b-50
projects on the subject site without first filing an application with the Director. Such
covenant shall be submitted to the Community Development Director for recordation.
36. Prior to issuance of any building or grading permit, the applicant shall submit for
recordation a restriction use covenant, satisfactory to the City Attorney, which prevents
the detached corral from being used for any purpose other than a non -habitable use and
the detached 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.
Mitigation Measures:
AES-1.The exterior lighting for the proposed residences shall be subject to the provisions of
Section 17.56.030 (Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes
Municipal Code. Prior to the issuance of building permits, 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 physically located.
AQ -1. During construction, including grading, excavating, and land clearing, storage piles and
unpaved disturbed areas shall be continuously stabilized by being kept wet, treated with
a chemical dust suppressant, or covered when material is not being added to or
removed from the pile.
AQ -2. During construction, including grading, excavating, and land clearing, sufficient water
shall be applied to areas disturbed to prevent emitting dust and to minimize visible
emissions from crossing the boundary line.
AQ -3. During construction, including grading, excavating, and land clearing, construction
vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being
released or tracked off site.
AQ -4. During construction, including grading, excavating, and land clearing, the applicant's
contractor shall be responsible for minimizing bulk material or other debris from being
tracked onto the City's public roadways, and if tracked, the applicant's contractor shall
be responsible for cleaning up the impacted City's public roadways.
AQ -5. During construction, including grading, excavating, and land clearing, no trucks shall be
allowed to transport excavated material off-site unless the trucks are maintained such
that no spillage can occur from holes or other openings in cargo compartments, and
loads are either: covered with tarps; wetted and loaded such that the material does not
touch the front, back, or sides of the cargo compartment at any point less than 6" from
the top and that no point of the load extends above the top of the cargo compartment.
AQ -6. Prior to the issuance of any Grading or Building Permits, the applicant shall demonstrate
to the Community Development Director's satisfaction that dust generated by grading
activities shall comply with the South Coast Air Quality Management District Rule 403
and the City Municipal Code requirements that require regular watering for the control of
dust.
AQ -7. During construction, including grading, excavating, and land clearing, all excavating and
grading activities shall cease when winds gusts (as instantaneous gusts) exceed 25
P.C. Resolution No. 2017-09
Page 8 of 1b_51
mph. To assure compliance with this measure, grading activities are subject to periodic
inspections by City staff.
AQ -8. During construction, including grading, excavating, and land clearing, construction
equipment shall be kept in proper operating condition, including proper engine tuning
and exhaust control systems.
BIO -1. Prior to any grading or permit issuance, vegetation needed to be cleared for fuel
modification shall be offset by the property owner using a 2:1 ratio for CSS, a 0.5:1 ratio
for non-native grassland, and a 3:1 ratio for native grassland as described in the
Council -adopted NCCP for loss occurring in an area greater than 0.3 acres by using one
of the following two methods: 1) With the approval of the City, PVPLC, and the Wildlife
Agencies, the property owner shall dedicate additional acreage to the Palos Verdes
Nature Preserve that will add to the biological function of the Preserve and the property
owner shall provide management funding for the additional acreage according to a
Property Analysis Record or similar method); or 2) Payment of a mitigation fee to the
City's Habitat Restoration Fund, pursuant to the City's NCCP Subarea Plan. If the
revegetation option is selected, the Palos Verdes Peninsula Land Conservancy (PVPLC)
shall be hired by the City, at the property owner's expense, to grow and plant the
required vegetation.
BIO -2. Prior to commencing construction, the construction area shall be clearly delineated with
fencing or other boundary markers. Temporary fencing (with silt barriers) shall be
installed at the limits of Project impacts to prevent habitat impacts and prevent the
spread of silt from the construction zone into adjacent habitats (i.e. Altamira Canyon).
Fencing shall be installed in a manner that does not affect adjacent habitats to be
avoided and in compliance with Section 17.56.020.0 of the RPVMC.
BIO -3. Prior to commencing construction, a pre -grading meeting shall occur to inform the
construction contractor of the biological/jurisdictional constraints (Altamira Canyon) of
this Project. The Project limits shall be clearly marked on Project maps provided to the
construction contractor and areas outside of the Project limits shall be designated as "no
construction" zones.
BIO -4. During construction, construction workers shall strictly limit their activities, vehicles,
equipment, and construction materials to the designated construction limits.
BIO -5. During construction, all equipment maintenance, staging, and dispensing of fuel, oil,
coolant, or any other such activities shall occur in designated areas within the fenced
Project limits. These designated areas shall be located in previously compacted and
disturbed areas, in such a manner to prevent runoff into adjacent areas and shall be
shown on the construction plans. Fueling of equipment shall take place on level surfaces
and contractor equipment shall be checked daily for leaks prior to operation and repaired
as necessary.
BIO -6. During construction, the construction work zone shall be kept as clean of debris as
possible to avoid attracting predators of native and sensitive wildlife. All food -related
trash items shall be enclosed in sealed containers and removed daily from the
construction work zone.
P.C. Resolution No. 2017-09
Page 9 of 1b-52
BIO -7. In order to avoid unnecessary impacts, should any non -listed species be found within
the property, they shall be avoided and allowed to leave the Project site on their own
volition, or a qualified biologist shall relocate them outside of the Project site.
BIO -8. Pets of Project personnel shall not be allowed on the Project site during construction.
BIO -9. Prior to any grading or building permit issuance, a qualified biologist shall review the
landscape plans to ensure that that no invasive, non-native plant species are used in
any proposed landscaping. The Landscape Plan shall include a plant palette that
consists of native plants and non-invasive species.
BIO-10.Prior to commencing construction, a Stormwater Pollution Prevention Plan (SWPPP)
shall be prepared to reduce the potential for accidental releases of fuel, pesticides, and
other materials. This plan shall outline refueling locations, emergency response
procedures, and reporting requirements. During construction, equipment for immediate
cleanup shall be kept at the staging area. This plan shall also include erosion control
measures to control surface runoff, erosion, and sedimentation outside of the project
footprints.
BIO -11.A qualified biologist shall monitor construction during clearing, grubbing, and initial
excavation activities, as needed. The biological monitor shall ensure that, if present,
nesting birds in the Project vicinity are not impacted (change in normal behaviors) and
that construction workers stay within the designated footprint of the construction work
zone, as delineated by fencing, to avoid trespass on foot or in vehicles into sensitive
habitats, such as Altamira Canyon along the eastern perimeter of the Project site.
BIO-12.The clearance of vegetation during construction shall occur outside of the nesting
season (generally February 1 through September 1). If avoiding the nesting season is
not practicable, the following additional measures shall be employed:
A pre -construction nesting survey shall be conducted by a qualified biologist within 3
days prior to the start of construction activities to determine whether active nests are
present within or directly adjacent to the construction zone. All nests found shall be
recorded.
If construction activities must occur within 300 feet of an active nest of any passerine
bird or within 500 feet of an active nest of any raptor, with the exception of an
emergency, a qualified biologist shall monitor the nest on a weekly basis, and the
construction activity shall be postponed until the biologist determines that the nest is
no longer active.
iii. If the recommended nest avoidance zone is not feasible, the qualified biologist shall
determine whether an exception is possible and obtain concurrence from the
resource agencies before construction work can resume within the avoidance buffer
zone. All work shall cease within the avoidance buffer zone until either agency
concurrence is obtained or the biologist determines that the adults and young are no
longer reliant on the nest site.
CUL -1. Prior to the issuance of any grading or building 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.
P.C. Resolution No. 2017-09
Page 10 of 1b_53
CUL-2.Prior to the issuance of any grading or building permit, the applicant shall conduct a
Phase 1 archaeological survey of the property for approval by the Community
Development Director.
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.
GEO-1.Prior to issuance of any building or grading permit, the applicant shall submit the
additional information required by the City Geologist, including a soils report, and/or a
geotechnical report, for the review and approval of the City Geologist. The applicant
shall comply with any requirements imposed by the City Geologist and shall substantially
repair the geologic conditions to the satisfaction of the City Geologist.
GEO-2.Prior to issuance of any building or grading permit, 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, shall be
submitted to the Community Development Director for recordation with the Los Angeles
County Recorders Office.
GEO-3.Prior to issuance of any building or grading permit, the applicant shall submit for
recordation a covenant, satisfactory to the City Attorney, 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. Such
covenant shall be submitted to the Community Development Director for recordation with
the Los Angeles County Recorders Office.
GEO-4.Prior to issuance of any grading or building permit, 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.
HAZ-1.Prior to issuance of a building permit, the new single-family residences and related
accessory structures shall be designed to incorporate all applicable fire protection
requirements of the City's most recently adopted Building Code, to the satisfaction of the
Building Official.
HYD -11. Prior to the issuance of a grading and/or building permit, the applicant shall submit for
review and approval by the City's Building Official an Erosion Control Plan that shall
include BMPs for erosion, sedimentation and run-off control during construction activities
to protect the water quality. Additionally, the Erosion Control Plan shall include post -
construction BMPs that apply to runoff from the future buildings, including roof run-off.
HYD-2.Prior to the issuance of a grading and/or building permit for new construction, the
applicant shall submit and obtain approval of a Drainage Plan by the City's Building &
Safety Division and the City's Public Works Director finding that stormwater runoff as a
result from the development of the subject site is designed to flow and utilize an on-site
drainage system that directs runoff from all buildings and structures on the site shall be
P.C. Resolution No. 2017-09
Page 11 of 1 b-54
contained and directed to the streets or an approved drainage course. If lot drainage
deficiencies are identified by the Public Works Director, all such deficiencies shall be
corrected by the applicant.
HYD-3.All landscaping irrigation systems shall be part of a water management system approved
by the Public Works Director. Irrigation for landscaping shall be permitted only as
necessary to maintain the yard and garden.
N-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.
N-2. The project shall utilize construction equipment equipped with standard noise insulating
features during construction to reduce source noise levels.
N-3. All project construction equipment shall be properly maintained to assure that no
additional noise, due to worn or improperly maintained parts is generated during
construction.
UTL-1. Pursuant to the City -approved Landslide Moratorium Exception Permit (ZON2016-
00170) issued on August 29, 2016, prior to the issuance of any grading or building
permit for the project the sewer lateral that serves the applicant's property shall be
inspected by the Public Works Department to verify that there are no cracks, breaks or
leaks. If such deficiencies are present, the sewer lateral shall be repaired or
reconstructed to eliminate them prior to any grading or building permit issuance.
P.C. Resolution No. 2017-09
Page 12 of 1b-55