PC RES 2017-042 P.C. RESOLUTION NO. 2017-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 4 TO A
PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION,AND
AMENDING CONDITION NO. 72 OF THE ESTABLISHED CONDITIONS
OF APPROVAL REGARDING NOISE STUDY REQUIREMENTS AT THE
5th COMPLIANCE REVIEW FOR CASE NO.ZON2010-00087,THE POINT
VIEW MASTER USE PLAN, LOCATED ON PROPERTY AT 6001 PALOS
VERDES DRIVE SOUTH (COMMONLY KNOWN AS THE POINT VIEW
PROPERTY).
WHEREAS, on January 8, 2013, the Planning Commission adopted P.C. Resolution Nos.
2013-02 and 2013-03, thereby adopting a Mitigated Negative Declaration and conditionally
approving the Point View Master Use Plan(Case No.ZON2010-00087), on property located at 6001
Palos Verdes Drive South and commonly known as the Point View property. The Master Use Plan
includes 25.5-acres of agricultural uses; a 9-hole golf course and sand traps; a paved internal
driveway; and site improvements to host 30 public or private events per year on the"Event Garden"
within the 95-acre property known as the Point View property. As a Condition of Approval, the
Planning Commission required a compliance review after the first event conducted at the Event
Garden on the subject property; and,
WHEREAS, on March 25, 2014 and April 22, 2014, after conducting a duly noticed public
hearing, the Planning Commission conducted the 1st compliance review of the Point View Master
Use Plan CUP, at which time the Planning Commission approved certain modifications to the
approved project and Conditions of Approval. On April 22, 2014,the Planning Commission adopted
P.C. Resolution No. 2014-13, thereby adopting Addendum No. 1 to a Mitigated Negative
Declaration, and amending certain Conditions of Approval to allow up to 20 "small" events in
addition to the 30 events originally allowed, eliminating a minimum requirement to allow non-profit
organizations, adding an additional 4,000 square feet of agricultural use adjacent to the "Event
Garden,"additional language to ensure that future improvements to the main driveway from PVDS
are approved by the Director, and ensuring that the gate at Narcissa Dr. remains closed when not in
use. Additionally, the Planning Commission required that an additional compliance review be
conducted after the first "small" event occurs on the property; and,
WHEREAS, on October 27, 2015,the Planning Commission conducted the 2nd Compliance
Review, and adopted P.C. Resolution No. 2015-19, thereby adopting Addendum No. 2 to a
Mitigated Negative Declaration, and amending certain Conditions of Approval. More specifically,the
amendments to the Conditions of Approval included two additional Compliance Reviews, allowing
"small events" to use amplified sounds, extending the time "small events" are to end to 9:30 p.m.,
with guests and workers vacating by 10:00 p.m., and added an Indemnification clause; and,
WHEREAS, on June 14, 2016, the Planning Commission conducted the 3rd Compliance
Review, heard public testimony related to noise impacts incurred by close-by residents, and
reviewed a noise monitoring study required by Condition No. 72. The Planning Commission
accepted the findings of the noise study,which concluded that the noise impacts generated from an
event on May 14, 2016 did not generate significant increases in noise, above the ambient noise
levels that were reported in the original noise study that was prepared for the MND analysis. The
Planning Commission did not make any modifications to the CUP at this meeting; and,
WHEREAS, on February 28, 2017,the Planning Commission conducted the 4th Compliance
P.C. Resolution No. 2017-42
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Review, adopted P.C. Resolution No. 2017-07, thereby adopting Addendum No. 3 to a Mitigated
Negative Declaration, and amending certain Conditions of Approval requiring one compliance
review at a noticed public hearing to be held in November2017 and annually thereafter,establishing
outdoor lighting restrictions, providing clarification regarding end-of-day hours of operation,
allowance for one enclosed temporary catering tent and requiring a City-retained Noise Consultant
to evaluate the effectiveness of event-related noise mitigation measures twice a year; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes
Development Code,the Planning Commission held a duly noticed public hearing on November 28,
2017, at which time all interested parties were given an opportunity to be heard and present
evidence regarding Compliance Review No. 5; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Pursuant to Condition of Approval No. 6.b. of P.C. Resolution No. 2015-19,
the Planning Commission conducted a 5th Compliance Review to review of the Applicant's
compliance with, and adequacy of,the Conditions of Approval related to the operations of the Event
Garden and any concerns raised by the public, or other interested parties.
Section 2: Based on the 5th Compliance Review,the Planning Commission finds that the
Applicant complies with the Conditions of Approval with the approved Point View Master Use Plan.
Section 3: As part of the Compliance Review,the Planning Commission may add,delete
or modify the Conditions of Approval pertinent to the Event Garden and the associated uses based
on evidence presented at the hearing that demonstrates that such changes are necessary and
appropriate to address impacts resulting from the Event Garden. Given that the City received no
complaints related to noise at the Event Garden and that two noise reports, dated September 29,
2017 and October 28, 2017, completed by a City retained Noise Consultant, determined that the
noise levels at the Event Garden were consistent with the previously approved Mitigated Negative
Declaration; because of costs borne by the Applicant and the time involved in coordinating the noise
studies, the Planning Commission is hereby modifying Condition No. 72, as stated below:
72. A review shall be conducted by a Noise Consultant retained by the City to
evaluate the effectiveness of event-related noise mitigation measures at the
discretion of the Director of Community Development based on community
noise complaints twice a year. The Applicant shall submit to the City a Trust
Deposit to cover all costs associated with the required noise monitoring reports.
The review shall include the results of monitoring by an acoustical consultant
approved by the City of noise levels from one or more events expected to have
the highest attendance levels(at or near 300 persons) that also includes music.
The report shall document compliance with the event-related noise thresholds in
the Mitigated Negative Declaration. If the City finds that noise from an event has
resulted in the exceedance of any event-related noise threshold(s), the Planning
Commission, at a duly noticed public hearing, may require further restrictions on
events, including event size, location and operational characteristics. After two
years, if the reporting and review process demonstrates on-going compliance to
the City's satisfaction, the Planning Commission may elect to terminate or
ae .. process.
P.C. Resolution No. 2017-42
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Section 4: Pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et. seq. ("CEQA"),the State's CEQA Guidelines, California Code
of Regulations, Title 14, Section 15000 et. seq.,the City's Local CEQA Guidelines, and Government
Code Section 65962.5(f) (Hazardous Waste and Substances Statement),the Planning Commission
found no evidence that the modification to Conditions of Approval No.72 to require noise monitoring
at the discretion of the Director of Community Development based on community noise complaints
will not introduce new significant environmental effects or substantially increase the severity of the
environmental impacts that previously were identified and analyzed in the certified MND.
Additionally,the project does not include changed circumstances or new information,which were not
known at the time the MND was certified, that would require the preparation of a subsequent
environmental analysis pursuant to CEQA Guidelines.Accordingly,Addendum No.4(Exhibit'A')to
the MND is hereby adopted.
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 16.08.020, 17.60.060, 17.68.040(0)
and 17.76.040(H) of the Rancho Palos Verdes Municipal Code; any such appeal must be filed with
the City, in writing and with the appropriate appeal fee, no later than December 13, 2017.
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 Addendum No. 4 of a Mitigated Negative Declaration as
described in the attached Exhibit 'A', and approves the 5th Compliance Review, subject to the
amended Conditions of Approval contained in the attached Exhibit'B',which is incorporated herein
by this reference.
PASSED, APPROVED, AND ADOPTED this 28th day of November 2017 by the following
vote:
AYES: Commissioners Bradley, Nelson, Tomblin, and Vice-Chairman James
NOES: None
ABSTENTIONS: None
ABSENT: Commissioner Emenhiser
RECUSALS: Commissioner Leon
476Z. IMP
William J. J-m- ,
Vice-Chairman
Ara Mihra
Director of Community Development; and,
Secretary to the Planning Commission
P.C. Resolution No. 2017-42
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P.C. RESOLUTION 2017-42
EXHIBIT "A"
ADDENDUM NO. 4
MITIGATED NEGATIVE DECLARATION (MND)
FOR THE POINT VIEW MASTER USE PLAN
(PLANNING CASE NO. ZON2010-00087)
Project Background: On January 8, 2013, the Planning Commission adopted P.C. Resolution
Nos. 2013-02 and 2013-03, adopting a Mitigated Negative Declaration and conditionally approving
the Point View Master Use Plan (Case No. ZON2010-00087), on property located at 6001 Palos
Verdes Drive South. The Master Use Plan includes 25.5-acres of agricultural uses; a 9-hole golf
course and sand traps; a paved internal driveway;and site improvements to host 30 public or private
events per year, on the "Event Garden" within the 95-acre property known as the Point View
property.
Prior to its adoption, on April 17, 2012 the City circulated the project's MND, and recirculated the
MND on November 16, 2012, to the California State Clearing House for a posting and comment
period of at least thirty days(as required by CEQA), and circulated to all appropriate public agencies
for comment. All comments received from persons and responsible agencies were addressed, and
the conditions and measures were incorporated to mitigate impacts resulting from the project. In
adopting the MND, the Planning Commission found: 1) that there would be no significant adverse
environmental impacts resulting from the development; and 2)that the impacts identified in the Initial
Study could be mitigated through incorporation of mitigation measures to reduce any adverse
impacts to adjacent properties, and therefore, upon the environment.
On April 22, 2014, the City's Planning Commission adopted P.C. Resolution No. 2014-13, thereby
adopting Addendum No. 1 to the approved Mitigated Negative Declaration, and approving certain
modifications to the approved Conditions of Approval to allow the following changes to the approved
project:
• Language to ensure that vehicular access to the Event Garden by patrons, event
attendees and any other members of the public is restricted from Narcissa Drive,and
the gate at the entry point along Narcissa Drive be required to remain closed when
not in use; and,
• A requirement that future maintenance, alterations, slurry sealing, etc.to the portion
of the main driveway access from Palos Verdes Drive South (PVDS) be reviewed
and approved by the Community Development Director prior to any future
applications in order to ensure that the finish of the driveway does not contrast with
the surrounding landscape and blends with the natural environment; and,
• The addition of up to 20 "small" events, which are defined as having less than 50
guests, no use of amplified sounds/music, and each small event would end b 8:00
pm. These "small" events were permitted in addition to the 30 events originally
allowed; and,
• The deletion of a condition that required a minimum of five (5) of the originally
permitted 30 events to be reserved for non-profit organizations or public agencies;
and,
• The addition of a 4,000 square foot vegetable garden in an area to the west of the
Event Garden area, which was not originally designated for agricultural use in CUP;
and,
• An additional compliance review of the CUP after the first "small" event occurs.
P.C. Resolution No. 2017-42
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On October 27, 2015, the City's Planning Commission adopted P.C. Resolution No. 2015-19,
thereby adopting Addendum No. 2 to the approved Mitigated Negative Declaration, and approving
certain modifications to the approved Conditions of Approval to allow the following changes to the
approved project:
• Two additional Compliance Reviews to be held in May 2016 and in the fall of the 2016
calendar year (Condition No. 6.b.)
• Allowing "small events" to use amplified sounds such as disc jockeys and live music
(Condition No. 54.a.)
• Extending the time"small events"are to end by 9:30 p.m. rather than 8:00 p.m.,with guests
vacating the property by 10:00 p.m. instead of 8:30 p.m., and workers associated with the
event vacating the property by 10:00 p.m. instead of 9:00 p.m. (Condition No. 54.a.)
• Adding an Indemnification condition (Condition No. 83)
On February 28, 2017, the City's Planning Commission adopted P.C. Resolution No. 2017-17,
thereby adopting Addendum No. 3 to the approved Mitigated Negative Declaration, and approving
certain modifications to the approved Conditions of Approval to allow the following changes to the
approved project:
• Requiring one compliance review at a noticed public hearing to be held in November of 2017
and annually thereafter.
• Restrictions on the Event Garden including outdoor lighting and clarifying end-of day hours
of operation, as well as allowing for(1)enclosed temporary catering tent for food preparation
purposes.
• Requiring a Noise Consultant that is retained by the City to evaluate the effectiveness of
event-related noise mitigation measures twice a year, with the Applicant submitting a Trust
Deposit to the City to cover all associated costs of noise monitoring activities.
Proposed Amendments: As a result of Staff's analysis and the completion of two noise reports
conducted on September29, 2017 and October 28,2017 bya City retained Noise Consultant for the
5th Compliance Review of the Point View Master Use Plan, and as a result of public testimony
considered at the November 28, 2017 public hearing,the Planning Commission proposes to amend
Condition of Approval No. 72 to require noise monitoring at the discretion of the Director of
Community Development based on community noise complaints.
Purpose: This Addendum to the previously approved Mitigated Negative Declaration is being
prepared pursuant to Section 15164 of the California Environmental Quality Act(CEQA)Guidelines
which allows for the lead agency to prepare an addendum to an adopted Mitigated Negative
Declaration if only minor technical changes or additions are necessary or none of the conditions
described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration
have occurred. Pursuant to CEQA Section 15162, no subsequent Mitigated Negative Declaration
shall be prepared for the project unless the lead agency determines, on the basis of substantial
evidence in light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project that will required major revisions of the
previous Mitigated Negative Declaration due to the involvement of new, significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
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2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will required major revisions of the previous Mitigated Negative
Declaration due to the involvement of new significant environmental effects or a substantial
increase in the severity or previously identified significant effects; or,
3. New information of substantial importance identifies one or more significant effects not
discussed in the previous Mitigated Negative Declaration, significant effects previously
examined will be substantially more severe than shown in the previous Mitigated Negative
Declaration, mitigation measures or alternative previously found not to be feasible or not
analyzed in the Mitigated Negative Declaration would be feasible and would substantially
reduce one or more significant effects but the project proponents decline to adopt a measure
or alternative.
Findings Regarding the Proposed Project Revisions:
The Planning Commission has independently reviewed this item and determined that the proposed
modifications to the Conditions of Approval do not constitute a substantial change in the approved
Point View Master Use Plan, and there have been no substantial changes to the approved project
as a result of the 5th Compliance Review and modifications to the Conditions of Approval.Thus,the
modifications will not introduce new significant environmental effects or substantially increase the
severity of the environmental impacts that were previously identified and analyzed in the approved
Mitigated Negative Declaration. Further, no new information of substantial importance was
submitted to the City as a result of the 5th Compliance Review, which was not previously known or
could not have been previously known at the time the previous Mitigated Negative Declaration was
adopted that shows: that there is one or more new, or substantially increased, significant impacts;
that new feasible mitigation measures or alternatives exist; or that new considerably different
mitigation measures are feasible to reduce the impacts.
Therefore, pursuant to CEQA, the Planning Commission finds that the proposed modifications are
within the scope of the previously approved Mitigated Negative Declaration that was prepared and
adopted in conjunction with the Point View Master Use Plan, which was approved by the Planning
Commission on January 8, 2013. As a result, no further environmental review is necessary other
than the adoption of this Addendum No. 4.
P.C. Resolution No. 2017-42
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EXHIBIT `B' TO PC RESOLUTION 2017-42
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT & SITE PLAN REVIEW
(aka POINT VIEW MASTER USE PLAN)
(PLANNING CASE NO. ZON2010-00087)
General
1. This approval is for the Point View Master Plan, which includes the following components:
A. The expansion of agricultural uses on the property for up to 25.5-acres of orchards,
vineyards and gardens;
B. Development of an executive golf course, comprised of 5 tee locations with 9 holes;
C. Provision of a paved internal driveway through the property to connect the cook shack
area with Palos Verdes Drive South, and after-the-fact approval of a paved driveway
between Narcissa Drive and the cook shack area;
D. Improvements to the existing cook shack area of the property,which include a trellis and
fountain; and,
E. Up to 30 public or private events per year on the property.
2. Within ninety (90) days of this approval, the Applicant and/or property owner shall submit to
the City a statement, in writing,that they have read, understand and agree to all Conditions of
Approval contained in this approval. Failure to provide said written statement within ninety
(90) days following the date of this approval shall render this approval null and void.
3. Construction and implementation of the approved project shall substantially comply with the
plans originally stamped APPROVED;the mitigation measures, conditions and development
standards contained in PC Resolution No. 2013-02 and PC Resolution No. 2013-03; and,the
Rancho Palos Verdes Development Code.
4. The Community Development Director is authorized to approve minor modifications to the
approved plans or any of the conditions if such modifications achieve substantially the same
results as would strict compliance with said plans and conditions. Otherwise, all other
modifications shall be subject to review and approval by the Planning Commission.
5. All mitigation measures contained in the approved Mitigation Monitoring and Reporting
Program (MMRP)contained in Resolution No. 2013-02 for the Mitigated Negative Declaration
(MND) shall be adhered to. The mitigation measures are repeated herein under the
appropriate subject heading, sometimes with clarifying language that may differ from the
MMRP. All costs associated with implementation of the Mitigation Monitoring Program and the
conditions contained herein shall be the responsibility of the property owner, and/or any
successors in interest.
6. The Conditions of Approval contained herein shall be subject to review and modification, as
deemed necessary and appropriate by the Planning Commission at a noticed public hearing
held 6-months after the first event on the subject property. At the review hearing,the Planning
Commission may add, delete or modify any Conditions of Approval as deemed necessary and
P.C. Resolution No. 2017-42
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appropriate. Notice of said review hearing shall be published and provided to owners of
property within a 500' radius from the entire project's boundary,to persons requesting notice,
to all affected homeowners associations, and to the property owner in accordance with
Rancho Palos Verdes Development Code Section 17.80.090. As part of the 6-month review,
the Planning Commission may consider and review compliance with all the Conditions of
Approval, assess any lighting and noise impacts, and address any other concerns raised by
Staff,the Commission and/or interested parties. If necessary,the Planning Commission may
impose more restrictive standards and conditions to mitigate any impacts resulting from the
review.
6.a. The Conditions of Approval contained herein shall be subject to an additional review and
modification, as deemed necessary and appropriate by the Planning Commission at a noticed
public hearing held 6-months after the first"small event" (as defined by condition of approval
no. 54.a, below)on the subject property. At the review hearing,the Planning Commission may
add, delete or modify any Conditions of Approval as deemed necessary and appropriate.
Notice of said review hearing shall be published and provided to owners of property within a
500' radius from the entire project's boundary, to persons requesting notice, to all affected
homeowners associations, and to the property owner in accordance with Rancho Palos
Verdes Development Code Section 17.80.090. As part of the 6-month review, the Planning
Commission may consider and review compliance with all the Conditions of Approval, and
address any other concerns raised by Staff,the Commission, property owner and/or interested
parties.
(Condition of Approval added by the Planning Commission on April 22, 2014)
6.b. The Conditions of Approval contained herein shall be subject to additional reviews and
modifications, as deemed necessary and appropriate by the Planning Commission at noticed
public hearings to be held in May 2016 and in the fall of the 2016 calendar year.At the review
hearing, the Planning Commission may add, delete or modify any Conditions of Approval as
deemed necessary and appropriate. Notice of said review hearing shall be published and
provided to owners of property within a 500' radius from the entire projects boundary, to
persons requesting notice,to all affected homeowners associations,and to the property owner
in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of
the 2016 review, the Planning Commission may consider and review compliance with all
Conditions of Approval, and address any other concerns raised by Staff,the Commission,the
property owner and/or interested parties. If necessary,the Planning Commission may impose
more restrictive standards and conditions to mitigate any impacts resulting from the review.
(Condition of Approval added by the Planning Commission on October 27, 2015)
6.c. The Conditions of Approval contained herein shall be subject to additional reviews and
modifications, as deemed necessary and appropriate by the Planning Commission at noticed
public hearings to be held in November 2017, and annually thereafter. At the review hearing,
the Planning Commission may add, delete or modify any Conditions of Approval as deemed
necessary and appropriate. Notice of said review hearing shall be published and provided to
owners of property within a 500' radius from the entire projects boundary, to persons
requesting notice, to all affected homeowners associations, and to the property owner in
accordance with Rancho Palos Verdes Development Code Section 17.80.090.As part of the
2017 review, the Planning Commission may consider and review compliance with all
Conditions of Approval, and address any other concerns raised by Staff,the Commission,the
P.C. Resolution No. 2017-42
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property owner and/or interested parties. If necessary,the Planning Commission may impose
more restrictive standards and conditions to mitigate any impacts resulting from the review.
(Condition of Approval added by the Planning Commission on February 28, 2017)
7. Permitted hours and days for all construction activity are 7:00 AM to 7:00 PM, Monday through
Saturday,with no construction activity permitted on Sundays or on the legal holidays specified
in Section 17.96.920 of the Rancho Palos Verdes Municipal Code without a special
construction permit.
8. Prior to the issuance of any building and/or grading permit, or prior to planting any of the
orchards and vineyards(whichever occurs first),a Standard Urban Stormwater Mitigation Plan
(SUSMP), as required by the City of Rancho Palos Verdes Stormwater Planning Program
(Priority Development&Redevelopment Projects), shall be submitted for review and approval
by the City's NPDES consultant. The cost of the review by the City's NPDES consultant shall
be borne by the Applicant. The SUSMP shall address all components of the project, including
the golf course, paved driveways, and agricultural uses. [Mitigation Measure HYD-1 (Water
Quality Impacts)]
9. As project construction would disturb one or more acres of soil, all grading activities shall
occur in accordance with the City of Rancho Palos Verdes Minimum Best Management
Practices (BMPs)for All Construction Sites (Form OC-1). As required by Form OC-1, project
construction shall occur in accordance with the National Pollutant Discharge Elimination
System (NPDES)and shall implement, ata minimum, sediment control,a wet weather erosion
control plan (WWECP), hillside BMPs, construction materials controls, non-stormwater runoff
controls, and erosion controls. Further, the project Applicant shall incorporate BMPs as
established in the City-approved Standard Urban Stormwater Mitigation Plan (SUSMP), as
required by the City of Rancho Palos Verdes Stormwater Planning Program (Priority
Development & Redevelopment Projects). [Mitigation Measure HYD-2 (Water Quality
Impacts)]
10. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to help
control runoff from the project site during project construction activities.
11. No grading is allowed, with the exception of: a) tilling of the soil for the agricultural and
horticultural uses; and, b)the removal of the gravel and smoothing of the existing driveway for
the preparation of the all-weather driveway.
12. No signage is approved or permitted by this permit. However,the Applicant shall post signage
that identifies the name and telephone number of a contact person that is available during
events for ensuring compliance with the conditions and mitigation measures contained herein.
The sign containing the contact information shall not exceed 4 square feet in area. Signs
with the contact information shall be posted at visible locations on the access gate at Palos
Verdes Drive South and at the access gate at Narcissa Drive. The signs shall be posted prior
to the first event.
Agriculture
13. A maximum of 25.5-acres of agricultural uses are allowed on the subject property, which
includes a combination of avocado orchards, citrus orchards, vineyards, vegetable gardens
and olive orchards, in the locations shown on the plan approved by the Planning Commission
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on January 8, 2013. Inclusive in the 25.5-acres of agricultural uses specified in this condition,
a 4,000 square foot vegetable garden may be located in an area to the west of the Event
Garden area as illustrated in the plans presented to the Planning Commission on March 25,
2014.
(Condition of Approval modified by the Planning Commission on April 22, 2014)
14. All agricultural activity, including the picking of fruit, grapes, etc. and soil preparation weeding,
etc., shall be limited to the hours between 7:00am and 7:00pm, Monday thru Sunday. Further,
no mechanical equipment shall be used for any fruit picking activity.
15. The proposed project shall implement agricultural best-management practices (BMPs) in
accordance with the recommendations in Chapter 3 of the Sonoma County Agricultural
Commissioner's Office Best Management Practices for Agricultural Erosion and Sediment
Control. The"Cover Crop" BMPs (e.g., crop cover grass, straw mulch, and fiber rolls)shall be
sized so that the width of the BMPs is equivalent to the width of the area to be treated. The
"Crop Cover" BMPs shall cover the entire agricultural areas for the orchard and vineyard
portions of the project site. For each orchard or vineyard row, the downstream row shall treat
the upstream flow. The width of the "Cover Crop" BMPs for the downstream row shall be an
equal width to the upstream row that it is treating. The orchard or vineyard row that is furthest
downstream shall be treated by the"Cover Crop" BMP area that shall extend the width of the
orchard or vineyard row beyond that row, or a minimum of 20 feet if the row separations are
less than 20 feet apart. The"Cover Crop"shall also adhere to the following recommendations:
• Thick cover crops should be established by October 15 and maintained throughout the rainy
season (until April 15).
• Broadcast crop cover seeding shall be completed in the fall. In order to have adequate
protection by the start of the rainy season (October 15), the seed should be planted by
mid-September. Initial irrigation will be required for most grasses with follow-up irrigation and
fertilization. The cover crop should look like a lawn by October 15 (for new plantings and
November 15 for replants) in order to provide adequate protection for the soil during the first
heavy rains.
• If the cover crop cannot be planted and irrigated by mid-September, then the seed may be
planted in October and covered with straw mulch applied at the rate of two tons per acre
(about 42 bales per acre). The straw should be applied to a point where the soil is no longer
visible.
• If rain is likely after the cover crop has been tilled and there is no perimeter erosion control,
straw mulch shall be used at the rate of two tons per acre(about 42 bales per acre) in areas
where cover crops are planted.
• Whenever possible, avoid tilling early in the spring or late in the fall.
• Minimize tillage practices, especially if slopes are greater than nominal (>5-10%) or if soils
are highly erodible.
• Do not till turn-around areas except for the infrequent need to reduce compaction. In this
case, promptly cover the soil with straw mulch and replant with a cover crop before the rainy
season.
• Avoid bringing equipment into the vineyard/orchard during the wet season. Close seasonal
roads to traffic and maintain permanent roads to prevent erosion.
• Keep on site extra erosion control materials such as straw bales or wattles, gravel or
geo-textile fabric and train vineyard/orchard crews in their proper installation.
• If necessary, provide Straw Mulch per California BMP Handbook BMP number EC-6.
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• If soil is highly erosive, provide Fiber Rolls per California BMP Handbook BMP number SE-5.
[Mitigation Measure HYD-7 (Water Quality Impacts from Agricultural Uses)]
16. All structural agricultural BMPs shall be accessible for inspection by City personnel during
regular business hours. Additionally, all maintenance shall be completed in accordance with
the Operations&Maintenance(O&M)for Combination of Cover Crop, Straw Mulch,and Fiber
Rolls for Agricultural Areas Including Vineyards and Orchards. [Mitigation Measure HYD-8
(Water Quality Impacts from Agricultural Uses)]
17. All mechanized construction equipment operated at the project site shall be equipped with the
most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures. All
equipment shall be properly maintained to ensure that no additional noise, due to worn or
improperly maintained parts,would be generated. [Mitigation Measure NOISE-1 (Construction
Noise Impacts)]
18. Construction vehicles, to the extent feasible, shall limit operations in areas of the site
proximate to residential uses. [Mitigation Measure NOISE-2 (Construction Noise Impacts)]
19. The operation of hand augers for the planting of crops shall not occur within 120 feet of
adjacent residential uses. [Mitigation Measure NOISE-3 (Construction Noise Impacts)]
20. Construction and on-going operational activities shall not result in the removal of coastal sage
scrub or disturbed coastal sage scrub as identified in the Biological Resources Assessment
published by Natural Resource Consultants, dated September 2003, and updated by PCR
Services in 2012. [Mitigation Measure BIO-1 (Coastal California Gnatcatcher Impacts)]
21. To the maximum extent practicable,all construction activities shall be conducted outside of the
coastal California gnatcatcher breeding season (February 15-August 30). Should work be
conducted or should new phases of construction begin within the breeding season, three
pre-construction surveys shall be conducted by a qualified and permitted biologist within one
week prior to initiation of each phase of construction activities and all results forwarded to the
US Fish and Wildlife Service(USFWS)and California Department of Fish and Game(CDFG).
[Mitigation Measure BIO-2 (Coastal California Gnatcatcher Impacts)]
22. If during the pre-construction surveys, the coastal California gnatcatcher are found to occur
within 300 feet of construction activity areas,the survey biologist shall inform the appropriate
construction supervisor not to immediately commence such work in that area and shall consult
with the US Fish and Wildlife Service(USFWS)and California Department of Fish and Game
(CDFG)to determine if work shall commence or proceed during the breeding season; and, if
work may proceed, what specific measures shall be taken to ensure coastal California
gnatcatchers are not affected. [Mitigation Measure BIO-3 (Coastal California Gnatcatcher
Impacts)]
23. To the maximum extent practicable, all construction activities shall be conducted outside of the
white-tailed kite bird nesting season (February 1-August 31). [Mitigation Measure BIO-4
(White-tailed Kite Impacts)]
24. Should work be conducted within the white-tailed kite breeding season, a preconstruction
nesting bird survey shall be conducted to ensure no impacts to white-tailed kite nests occur
with implementation of the proposed project. Should work be conducted within 500 feet of the
P.C. Resolution No. 2017-42
Page 11 of 22
active nest within the breeding season,the monitoring biologist shall consult with the California
Department of Fish and Game (CDFG) to determine if work shall commence or proceed
during the breeding season; and, if work may proceed,what specific measures shall be taken
to ensure the active nest is not affected. [Mitigation Measure BIO-5 (White-tailed Kite
Impacts)]
25. With respect to the cactus wren,to the maximum extent practicable, all construction activities
shall be conducted outside of the nesting bird season (February 1-August 31). [Mitigation
Measure BIO-6 (Cactus Wren Impacts)]
26. Should work be conducted within the cactus wren breeding season, in accordance with the
Migratory Bird Treaty Act(MBTA), a pre-construction nesting bird survey shall be conducted to
ensure no impacts to cactus wren nests occur with implementation of the proposed project.
Should construction work be conducted within 100 feet of the active cactus wren nest within
the breeding season, the monitoring biologist shall consult with the California Department of
Fish and Game(CDFG)to determine if work shall commence or proceed during the breeding
season; and, if work may proceed, what specific measures should be taken to ensure the
active nest is not affected. [Mitigation Measure BIO-7 (Cactus Wren Impacts)]
27. To the maximum extent practicable, all construction activities shall be conducted outside of the
Palos Verdes blue butterfly's flight period (January 15-April 15). [Mitigation Measure BIO-8
(Palos Verdes Blue Butterfly Impacts)]
28. Should construction work be conducted within this period, any coastal sage scrub within 50
feet of the construction activity shall be surveyed for the presence of individual host plants. If
found,the host plants will be flagged and focused surveys for the butterfly shall be conducted
once a week as long as activities continue in the time period in accordance with the approved
survey protocol within all areas of suitable habitat. If the butterfly is found, the monitoring
biologist shall consult with the California Department of Fish and Game(CDFG)to determine if
work shall commence or proceed during the breeding season; and, if work may proceed,what
specific measures shall be taken to ensure the butterflies are not affected. [Mitigation
Measure BIO-9 (Palos Verdes Blue Butterfly Impacts)]
29. On-site avocados and olives shall be raised organically and the project shall seek continued
certification (CCOF) by the California Certified Organic Farmers for the proposed orchards in
order to produce crops without using most conventional pesticides and fertilizers made of
synthetic ingredients or sewage sludge.All other crops i.e.,grapes,citrus,garden vegetables)
shall be grown, to the extent possible, with reliance on the same pesticides, fertilizers, and
amendments as the avocados and olives. [Mitigation Measure BIO-10 (Palos Verdes Blue
Butterfly Impacts)]
30. At no time in the future shall the project, including agricultural activities, be expanded beyond
the limits shown in the approved site plan, and at no time shall the proposed project result in
any loss of existing coastal sage scrub. [Mitigation Measure BIO-11 (Non-Native Grasslands
Impacts)]
31. The 25.5-acres of agricultural uses may be planted in phases over an unspecified period of
time. As such, the owner shall submit a plan to the City prior to the planting of each phase
illustrating the locations and areas to be planted. The owner shall pay a mitigation fee to the
City equivalent to$20,000 per acre of lost non-native grassland prior to planting of said areas.
The Director shall monitor the amount of agricultural uses on the property to ensure that not
P.C. Resolution No. 2017-42
Page 12 of 22
more than a total of 25.5-acres of agricultural uses are planted on the subject property, and
that no more than 9.78-acres of non-native grassland are lost. Thus, a total cumulative
mitigation fee of$97,800 shall be collected for the 4.89-acres of non-native grassland impacts.
[Mitigation Measure BIO-12 (Non-Native Grasslands Impacts)]
Golf Course
32. The golf course shall be comprised of a 2.5-acre area, located 500-feet west of the cook
shack/event garden area.
33. The golf course shall include the following:
• Two (2) greens that shall be irregularly shaped, and shall be limited to a maximum of 400
square feet each.
• The putting surface shall be artificial turf(pervious) over sand or dirt.
• Small sand bunkers (not more than 200 square feet) shall border the side of each green.
• Tees shall be generally located to the north,west, and east of the greens at a range of 25-
150 yards from the greens.
• Five (5) tee locations, of which four shall be used to drive to each green, creating an
equivalent of 9 holes of play.
• Each tee shall be limited to an area of 4 feet by 4 feet, and shall be of pervious artificial turf
surface.
• No grading is allowed, and no habitat shall be disturbed or impacted.
34. The proposed golf course facility shall not include any grading, and the greens and tees shall
be constructed with artificial turf.
35. The golf course shall not be open to the general public. The golf course shall only be made
available to guests of the landowner or participants in any of the 30 approved events on site.
36. The golf course shall not be operated as an independent commercial venture and no green
fees shall be collected.
37. Golf course play shall be limited to daylight hours only. No lights may be installed or used in
conjunction with the golf course.
Paved Driveways
38. Permitted hours and days of construction for the driveway shall be limited to the hours
between 7:00 AM and 7:00 PM, Monday through Saturday,with no such activities permitted on
Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes
Municipal Code without a special construction permit.
39. Subject to the satisfaction of the Community Development Director, the portion of the paved
internal driveway, between the existing driveway approach along PVDS and uphill to where the
property flattens, shall be paved with an earth-tone-colored surface material. [Mitigation
Measure AES-1(Driveway Impacts)]. Any future maintenance, alterations, slurry sealing, or
the like to the portion of the paved internal driveway described in this condition of approval,
shall be presented to the Community Development Director for approval prior to its application
to ensure that the finish of the driveway shall not contrast with the surrounding area.
P.C. Resolution No. 2017-42
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(Condition of Approval modified by the Planning Commission on April 22, 2014)
40. The City shall monitor any complaints regarding vehicle lights leaving the project site. If these
complaints are determined to be valid,the City shall require the Applicant to plant vegetation,
or provide other methods of screening, as part of the 6-month review for the project's
Conditional Use Permit(CUP), and/or the Special Use Permit application process for an event
exceeding 300 guests. [Mitigation Measure AES-2 (Vehicle Headlight Impacts)]
41. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an
earth tone color approved by the Community Development Director prior to building permit
final.
42. To address trash, bacteria, and nutrients (identified by the City as pollutants of concern)that
may not be treated effectively by the proposed roadway Vegetated Buffer Strip, institutional
controls shall be implemented to guard against stormwater quality impacts.These institutional
controls shall include at a minimum, signage discouraging off-trail usage and sweeping the
roadway as needed to remove sediment and equestrian waste from the roadway. To ensure
that roadway sweeping occurs as frequently as needed, an assessment of roadway and other
circulation areas shall be made by the project Applicant after each event and during heavy
agricultural usage. If warranted based on this assessment, sweeping and trash removal in the
affected areas shall be undertaken immediately. [Mitigation Measure HYD-6 (Water Quality
Impacts)]
43. Site surface drainage measures included in the project's geology and soils report shall be
implemented by the project developer during the life of the project.
44. In accordance with the project's operational Standard Urban Stormwater Mitigation Plan
(SUSMP), as prepared by Rothman Engineering, the proposed project shall implement a
Vegetated Buffer Strip (TC-31) along the length of the proposed driveway. This Vegetated
Buffer Strip wily consist of approved vegetation for the length of the driveway with a minimum
width of 20 feet per the California BMP Handbook (BMP No. TC-31). Within the Vegetated
Buffer Strip, any bare soil shall be planted with approved vegetation to match the existing
vegetation. To ensure that these buffer strips can accommodate areas upstream of the
roadway(with the inclusion project's required agricultural BMPs),the applicability of the buffer
strips in these areas should be demonstrated prior to their acceptance and implementation.
[Mitigation Measure HYD-3 (Water Quality Impacts)]
45. In accordance with the proposed project's Standard Urban Stormwater Mitigation Plan
(SUSMP), as prepared by Rothman Engineering,the proposed internal driveway shall include
trench drains with catch basin filter inserts (KriStar FloGard LoPro Trench Drain Model No.
FG-TDOF6 or equal, subject to the approval of the City) to capture and treat all runoff where
the driveway's 1 percent cross-slope is not able to direct the runoff to the vegetated buffer strip
(i.e., at either ends of the proposed driveway). These trench drains shall be located at each
end of the proposed internal driveway, shall be stenciled with "No-Dumping — Drains to
Ocean", and shall outlet within the Vegetated Buffer Strip. [Mitigation Measure HYD-4(Water
Quality Impacts)]
46. Prior to issuance of any building or grading permit, the City's NPDES consultant shall review
and approve the project to ensure that the project will comply with all applicable requirements
for the control and treatment of erosion and run-off from the project site.
P.C. Resolution No. 2017-42
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47. All structural roadway BMPs shall be accessible for inspection by City personnel during regular
business hours. Additionally, all maintenance shall be completed in accordance with the
Operations & Maintenance (O&M) for Vegetated Buffer Strips or the O&M for Filter Inserts.
[Mitigation Measure HYD-5 (Water Quality Impacts)]
48. In the event that any extra soil results from the preparation process to pave the existing
gravel/dirt driveway, the excess soil shall not be spread throughout the site and shall be
exported from the project site via a haul route approved by the Director of Public Works.
49. Drainage from the driveway shall be directed away from Narcissa Drive.
50. Landscaping,walls or other site improvements at or near the project driveway at Palos Verdes
Drive South shall not obstruct a driver's clear line of sight,to the satisfaction of the Director of
Public Works.
51. The proposed Point View Internal Driveway shall be limited to right-turns in/right-turns out
only). [Mitigation Measure TRAF-1 (Driveway Impacts)]
52. The project's proposed internal driveway shall be striped so that the flow of driveway traffic is
perpendicular to the flow of traffic on Palos Verdes Drive South. [Mitigation Measure TRAF-2
(Driveway Impacts)]
53. Low voltage solar lights, a maximum of 18-inches in height, shall be used to demarcate the
paved driveways on the property. Any change to the type of lighting shall be approved by the
Community Development Director prior to installation.
Cook Shack/Event Garden
54. A maximum of 30 events are allowed annually at the event garden area of the property. An
"event" counting towards the 30 event maximum cap is defined as any activity that meets at
least one of the following conditions:
(a) provides compensation to the property owner;
(b) has 20 or more persons in attendance; or,
(c) uses amplified sound.
(Condition modified by the Planning Commission on April 22, 2014)
54.a. In addition to the quantity and types of events allowed pursuant to Condition
of Approval No. 54 above, 20 "small events" are also allowed to occur annually at the
Event Garden area, solely for the use by Terranea Resort, by charity organizations,or for
private events held by the property owner. A"small event" is defined as any activity that
meets all of the following conditions:
> ;
ii. Does not exceed 50 guests, and,
iii. Ends no later than 8:00 p.m. 9:30 p.m and all guests shall vacate the
property by 8:30 p.m. 10:00 p.m. Further, all workers associated with the
event shall vacate the property by 9:00 p.m. 10:00 p.m.
P.C. Resolution No. 2017-42
Page 15 of 22
iv. Amplified sound is permitted for the 20 small events provided the amplified
sounds do not create significant noise impacts to surrounding residential
neighbors, and provided the noise levels remain within the limitations
established with the initial noise study of the approved Mitigated Negative
Declaration. Should any noise impacts occur,the 20 small events shall revert
back to the original permitted hours (8:00 p.m.) and no amplified sounds
shall be permitted.
(Condition of Approval added by the Planning Commission on April 22, 2014)
(Condition of Approval amended by the Planning Commission on October 27, 2015)
55. A minimum of five events shall be reserved for non-profit organizations or public agencies.
(Condition deleted by the Planning Commission on April 22, 2014)
56. Events shall include, fund raising and charity events, private parties, public and community
events, weddings and receptions, corporate parties, outdoor conferences, and educational
events.
57. Maximum attendance at any event shall be limited to 300 guests (not including event staff,
security/safety personnel, etc.). For any event that would generate over 300 people,approval
of a Special Use Permit(SUP) by the Community Development Department shall be required
in advance of the event.
58. On an annual basis, a report shall be submitted to the Community Development Director by
January 15 of each year, which lists all the events conducted during the previous calendar
year. The report shall include information regarding each event, the purpose of each event,
the number of attendees, and the group/organization/person(s) that hosted each event.
59. The serving and/or consumption of alcohol at events shall be in accordance with any licensing
requirements of the California Department of Alcoholic Beverage Control.
60. Vehicular access to the cook shack/event garden area from Narcissa Drive by patrons,event
attendees, and any other members of the general public is prohibited. The gate at the entry
point along Narcissa Drive shall remain closed when not in use.
(Condition of Approval modified by the Planning Commission on April 22, 2014)
61. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the
Rancho Palos Verdes Development Code.
62. Prior to any Building Permit issuance or prior to the first event (whichever occurs first), the
Applicant shall submit a final site lighting plan prepared by a lighting consultant,for the review
and approval of the Community Development Director. The lighting plan shall include the
location, height, number of lights,foot candles by area and,estimates of maximum illumination
on site with no spill/glare at the property line. The lighting plan shall also demonstrate that all
lighting fixtures on the buildings and throughout the entire project site shall be designed and
installed so as to contain light on the subject property and not spill over or be directed toward
adjacent properties or public rights-of-way. The light source on each fixture shall be shielded
such that the light source is not visible from the public rights-of-way or adjacent properties.
P.C. Resolution No. 2017-42
Page 16 of 22
63. Installation of temporary ambient lighting is allowed, as needed for individual events. Such
lighting shall be removed within 24 hours after the conclusion of the event.
64. When necessary,temporary down lights will be installed in the food preparation area(outside
the wall in the patio/barbeque area). These lights will be used for food preparation and clean-
up, and shall be turned off within 1-hour after the event or by 10:30 pm, whichever is earlier.
One (1) enclosed temporary catering tent is permitted to be installed to protect the food
preparation from outdoor elements. The temporary catering tent shall be located along the
northwest side of the required sound wall, and shall not be more than 50 feet from the sound
wall.Additionally, any scullery shall be confined to the existing outdoor kitchenette on the north
side of the sound wall, or in close proximity to the sound wall, between the temporary catering
area and the wall. The use of pneumatic hammers, devices or machinery (i.e. air
hammers/jackhammers) for the installation and/or securing of the temporary catering tent is
prohibited. Tent set-up and tear-down activities shall only occur between the hours of 7:00
a.m. and 6:00 p.m. Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturdays and
Sundays.
(Condition of Approval modified by the Planning Commission on February 28, 2017)
65. No one light fixture shall exceed 1,200 watts, and the light source shall not be directed toward
or result in direct illumination of an adjacent parcel of property or properties other than upon
which such light source is physically located. All exterior lighting shall be arranged and
shielded so as to prevent direct illumination of abutting properties and to prevent distraction of
drivers of vehicles on public rights-of-way.
66. No outdoor lighting shall be permitted where the light source or fixture, if located on a building,
is above the line of the eaves.
67. The Applicant shall treat the face of the existing pony wall to reduce the reflection off of the
wall and back towards the residential area as shown in Figure B-2. The wall shall be covered
with either a permanent or temporary sound absorption panel or blanket prior to any event
authorized by the CUP. The sound absorption panel or blanket shall have a Noise Reduction
Coefficient(NRC) of 0.75 or greater. The sound absorption panel or blanket sound data shall
be submitted to the Community Development Director. [Mitigation Measure NOISE-4
(Operational Noise Impact]
68. Prior to the start of each on-site event, any disc jockey using amplified sound and/or musicians
performing at the project site shall execute an entertainment agreement with the Applicant.
This entertainment agreement shall stipulate that, at a minimum:
• All amplified performers shall be approved by the landowner or designated
representative.
• All DJs/musicians shall utilize the landowner's sound system, which include the
decorative "rock" speakers and other on-site fixed speakers, and the pair of QSC-8
stand-mounted sound-minimizing speakers (or similar). The performer shall use all
pre-approved settings and speaker direction.
• Within the event garden portion of the landscaped patio/event garden area, the
stand-mounted movable speakers shall be oriented towards the existing pony wall and
the top of the speakers shall be no higher than 5 feet above the ground.
P.C. Resolution No. 2017-42
Page 17 of 22
• The stand-mounted, sound-minimizing speakers (QSC-8 or similar) shall be tilted
downward at 7.5 degrees and be directed away from the Portuguese Bend community.
• The volume of movable speakers should be set no greater than 6 at the volume
controller of the speakers.
• DJs shall locate equipment per the landowner's instructions.
• All amplified sound and/or musicians shall be limited to the hours when events are
permitted.
• DJs and/or musicians shall calibrate sound equipment or musical instruments for low
bass and for volumes not to exceed 86 db (a volume setting of 6) at the source.
• Musicians shall utilize low-volume instruments, including but not limited to: acoustic
instruments; string instruments (e.g., guitar, banjo, etc.); harp; violin, cello, or similar;
string quartet (e.g., trio, duo, etc.); woodwinds (e.g., flute, clarinets, etc.); piano;
accordion; tambourine; and singer(s)/choir. No drums shall be used.
• The landowner shall retain the right to terminate any amplified music and/or musicians
who do not meet the specific performance criteria established in the entertainment
agreement. Performers shall be notified that if the terms of the entertainment agreement
are violated,that the security deposit will be forfeited and the performers shall vacate the
property immediately.
[Mitigation Measure NOISE-5 (Operational Noise Impacts)]
69. Event activities at the ceremony lawn area shall not be allowed after 6:00 P.M. and shall not
include amplified music. [Mitigation Measure NOISE-6 (Operational Noise Impacts)]
70. All events shall end no later than 9:30 p.m. and all guests shall vacate the property by
10:00 p.m. Further, all workers associated with the event shall vacate the property by 10:30
p.m. An employee of the property owner shall be on-site during evening events to ensure
compliance with these Conditions of Approval, including ensuring that all events end and
that all patrons and workers leave the property by the times described in this condition. An
evening event is any event that begins in the afternoon or later, and is scheduled to end
after 7:00 p.m.
(Condition of Approval modified by the Planning Commission on February 28, 2017)
71. The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be prohibited
during all events.
72. A review shall be conducted by a Noise Consultant retained by the City to evaluate the
effectiveness of event-related noise mitigation measures at the discretion of the Director of
Community Development based on community noise complaints . The Applicant
shall submit to the City a Trust Deposit to cover all costs associated with the required noise
monitoring reports. The review shall include the results of monitoring by an acoustical
consultant approved by the City of noise levels from one or more events expected to have the
highest attendance levels(at or near 300 persons)that also includes music. The report shall
document compliance with the event-related noise thresholds in the Mitigated Negative
Declaration. If the City finds that noise from an event has resulted in the exceedance of any
event-related noise threshold(s), the Planning Commission, at a duly noticed public hearing,
may require further restrictions on events, including event size, location and operational
characteristics. A • e . -- - --e - - - - e-
P.C. Resolution No. 2017-42
Page 18 of 22
compliance to the City's satisfaction, the Planning Commission may elect to terminate or
-•__' -- -__-•-= --_ - •- - : - . [Mitigation Measure NOISE-7 (Operational Noise
Impacts)]
(Condition of Approval modified by the Planning Commission on February 28, 2017)
(Condition of Approval modified by the Planning Commission on November 28,
2017)
73. At least 30-days prior to the first event, the Applicant shall request that the Director or his/her
designee conduct an inspection of the site to ensure that there is no spill-over of light onto
adjacent properties or cause a negative impact to adjacent properties or public rights-of-way
and that the light sources on each fixture is appropriately shielded such that the light source is
not visible from the public rights-of-way or adjacent properties. Upon determination by the
Director that any installed lighting creates an impact, the property owner shall modify said
lighting to the satisfaction of the Director prior to the event.
Cultural Resources (MMRP)
74. Prior to the construction of any component of the proposed project, a qualified
archaeologist/paleontologist shall be consulted to investigate the potential to preserve in-place
Archaeological Sites CA-LAN-1019 and CA-LA-2485 and their associated artifacts within
those areas. Such avoidance measure considerations may include relocation or redesign of
these two project components, archaeological site burial, vegetation cover of archaeological
sites, public access restrictions to archaeological sites, and/or signage. [Mitigation Measure
CULT-1 (Archaeological Site Impacts)]
75. Should preservation of any of these sites (CA-LAN-1019 and CA-LAN-2485) or other
discovered sites be determined infeasible by the qualified archaeologist/paleontologist, a
Phase III Data Recovery(salvage excavation)program shall be completed at each of the sites
directly impacted by the proposed project. The salvage excavation program would be
completed by conducting controlled archaeological excavations to extract any materials or
data prior to the start of development. Any archaeological data recovery excavations within
these sites shall be focused on areas that will be directly impacted by the proposed project.As
such, data recovery excavations shall not be necessary in areas that would not be directly
impacted. A Data Recovery Plan (DRP)for controlled scientific excavation and data retrieval
should be developed by a qualified archaeologist. The purpose of archaeological data
recovery is to gather, through excavation and analysis, the information that made each site
significant. The DRP is a research design that outlines the documentary research, field
objectives, laboratory analysis, and reporting. The DRP should include the following: a
summary of the site, as determined from the Phase I and Phase II investigations;a discussion
of the categories of data present on the site that contributed to the determination of
significance(e.g., specific artifact categories,features, structural remains,specialized remains
such as faunal, etc.); a presentation of background information from the literature that outlines
the research topics that will be addressed for the excavation project; a discussion of the field
techniques and sampling design needed to recover the types of information that are
addressed for the site; an analysis plan that details the specific techniques(e.g., C-14 or other
dating methods, botanical identification, lithic and/or micro-wear analysis, geomorphological
assessment, etc.)that will gather the data to address the research objectives; procedures for
handling human remains, if they are found; plans for public outreach during and/or after
excavation; plans for dissemination of important results to lay and professional audiences;and
plans for the curation of artifacts and documents associated with the excavation project. The
P.C. Resolution No. 2017-42
Page 19 of 22
DRP should be consistent with the OHP's Archaeological Resources Management Reports:
Recommended Contents and Format (1989), the Guidelines for Archaeological Research
Design (1991), and the Guidelines for the Curation of Archaeological Collections (1993).
Additionally, the DRP should be consistent with the Secretary of the Interior's Standards and
Guidelines for Archaeological Documentation. [Mitigation Measure CULT-2 (Archaeological
Site Impacts)]
76. Due to the high probability of buried cultural materials or the potential for the Altamira Shale to
contain surface paleontological material within the project site, initial ground disturbing
activities shall be monitored by a qualified archaeologist/paleontologist. The
archaeologist/paleontologist shall have the authority to stop work if sensitive or potentially
significant cultural remains, or paleontological resources, are discovered during excavation or
ground disturbing activities, and develop a mitigation or avoidance strategy. [Mitigation
Measure CULT-3 (Archaeological Site Impacts)]
77. At the commencement of project construction, all workers associated with ground-disturbing
activities(particularly remedial grading and excavation)shall be given an orientation regarding
the possibility of exposing unexpected archaeological material, cultural remains, or
paleontological resources by a qualified by a qualified archaeologist/paleontologist who
satisfies the Secretary of Interior's Professional Qualification Standards for Archaeology
(prehistoric/historic archaeology), pursuant to 36 CFR 61. Workers shall be informed on the
appearance of archaeological material and fossils, and proper notification procedures by a
qualified archaeologist/paleontologist. The archaeologist/paleontologist shall also instruct the
workers as to what steps are to be taken if such a find is encountered. [Mitigation Measure
CULT-4 (Archaeological Site Impacts)]
78. If archaeological, paleontological, and/or cultural materials are discovered during ground
disturbing activity,work will stop in the immediate area and be redirected elsewhere until the
archaeologist/paleontologist has evaluated the situation and provided recommendations.
Upon such discoveries the archaeologist/paleontologist shall notify the Applicant and the City
of Rancho Palos Verdes. The qualified archaeologist/archeologist shall determine the
discovery's significance and, if necessary, formulate a mitigation plan, including avoidance
alternatives, if feasible, to mitigate impacts. Work can only resume in that area with the
approval of the project archaeologist/paleontologist. Upon discovery of prehistoric
archaeological and/or cultural materials, or Native American remains, the project
archaeologist/paleontologist shall contact the City and indicate that a Native American of
Gabrielino descent be retained to observe and, as directed by the
archaeologist/paleontologist, assist in the identification of the resource or human remains.
The Native American monitor shall be retained by the Applicant from a list of suitable
candidates from the Native American Heritage Commission. [Mitigation Measure CULT-5
(Archaeological Site Impacts)]
Geology and Soils (MMRP)
79. The proposed project shall limit irrigation and concentrated groundwater infiltration to the
maximum extent feasible to reduce or avoid potential effects on existing landslides.To confirm
that groundwater infiltration is being limited successfully, the Applicant shall develop and
implement a detailed Vadose Zone Monitoring Program for irrigated areas of the site within the
footprint of Ancient Portuguese Bend Landslide Complex. Monitoring soil moisture in the
vadose zone would serve as a proxy and early warning for potential changes in the saturated
P.C. Resolution No. 2017-42
Page 20 of 22
zone. Implementation of this monitoring program will allow for ongoing evaluations of changes
in degree of soil saturation within the upper soil layers.
Prior to commencing the proposed agricultural operations, the detailed Vadose Zone
Monitoring Plan shall be submitted by the property owner to the City for review and approval by
the appropriate consultant retained by the City. The monitoring plan shall, at a minimum,
establish the location, depth, and type of monitoring equipment, the frequency of data
gathering, and the existing soil moisture content.An effective monitoring program shall require
a period of baseline monitoring to establish seasonal trends. The cost of the City's review of
the monitoring plan shall be borne by the Applicant.
As a performance standard, no increase in soil moisture as a result of irrigation should be
allowed at depths greater than 5 feet(60 inches)below ground surface unless a greater depth
is established in a technical report submitted by the Applicant and approved by the City.
Changes in soil moisture below this depth may indicate that there is potential for groundwater
conditions at the site to be affected locally by the operation. In such instance, irrigation should
be suspended, and the City geologist shall evaluate conditions and require corrective actions
by the Applicant if warranted, including permanent suspension of irrigation in the area, or
changes in the type, amount or frequency of irrigation.
Monitoring reports of the soil moisture shall be submitted to the City Geologist, a minimum of
once quarterly,with potential for adjustment by the City after a year of monitoring is completed.
Routine onsite monitoring may be carried out by on-site staff trained in the use of the identified
equipment. [Mitigation Measure GEO-1 (Landsliding Effects)]
80. With the exception of vehicle or pedestrian crossings, all water and irrigation lines within the
property shall be above ground to facilitate visual inspection. [Mitigation Measure GEO-2
(Landsliding Effects)] Further, and leaks or breaks in the water and irrigation lines shall be
repaired immediately.
81. Prior to the issuance of a building permit by the City's Building Official, the Applicant shall
obtain final approval of the grading and construction plans from the City's geotechnical
consultant. This review shall include analysis of any potential impacts resulting from the
former landslide condition on the subject property. The Applicant shall be responsible for the
preparation and submittal of all soil engineering and/or geology reports required by the City's
geotechnical consultant in order to grant such final approval.
Hazards and Hazardous Materials (MMRP)
82. Prior to approval of grading permits, the Applicant shall obtain a statistically valid number of
soil samples from areas of the project site subject to ground-disturbing activities, but not
dedicated for agricultural uses. These samples shall be analyzed for the presence of residual
pesticides. If significant concentrations of pesticides are found above California Human Health
screening levels, the site shall be further assessed and/or remediated in accordance with
regulatory requirements. [Mitigation Measure HAZ-1 (Residual Pesticides)]
Indemnification
83. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its
officials, officers, employees, agents, departments, agencies, and instrumentalities thereof,
from any and all claims, demands, lawsuits, writs of mandamus, and other actions and
P.C. Resolution No. 2017-42
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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.
P.C. Resolution No. 2017-42
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