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PC RES 2017-045 P.C. RESOLUTION NO. 2017-45 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 MAJOR GRADING PERMIT AND COASTAL DEVELOPMENT PERMIT FOR 6,414YD3 OF AFTER-THE-FACT GRADING WITH 794YD3 OF EXPORT TO REGRADE THE CONTOURS WHERE UNPERMITTED GRADING OCCURRED OVER THE 5500 PALOS VERDES DRIVE SOUTH PROPERTY AND THE CITY-OWNED ABALONE COVE RESERVE PROPERTY (CASE NO. ZON2017-00115). WHEREAS, on May 13, 2015, during a site visit, City Staff found that grading and vegetation removal of sensitive habitat occurred without City approvals on the subject property at 5500 Palos Verdes Drive South (PVDS) and portions of the City-owned Abalone Cove Reserve property. On the same day, the City's Code Enforcement Division sent a letter to the property owners informing them that the unpermitted activity must cease immediately and to contact City Staff to develop a plan to rectify the situation; and, WHEREAS, on May 16, 2015, the Code Enforcement Division observed continued unpermitted activity on the subject property and issued the property owners a stop work order; and, WHEREAS, on June 18, 2015, the Code Enforcement Division sent a letter to the property owners identifying specific actions to remedy the situation including submitting appropriate planning applications to regrade the contours and replant the vegetation. Since then, the property owners have been working with the City to address the unpermitted work including the submittal of a property line survey and a geotechnical report; and, WHEREAS. on March 24, 2017, the property owners submitted an after-the-fact Grading Permit and Coastal Development Permit to conduct 6,414yd3 of grading with 794yd3 export to regrade the contours where unpermitted grading occurred over the subject property and the City-owned Abalone Cove Reserve property. After initial review of the submitted application package, Staff deemed the application incomplete due to insufficient information. Subsequently. the property owner submitted additional information and the application was deemed complete on May 8, 2017; and, WHEREAS, on December 12, 2017, the Planning Commission continued the public hearing to September 26, 2017 to address the requirements of the California Environmental Quality Act; and, WHEREAS, on November 16, 2017, notice of the draft Mitigated Negative Declaration and the proposed after-the-fact Grading Permit and Coastal Development Permit was sent to all property owners within 500' of the subject site and appropriate public agencies for a comment period exceeding 20-days, commencing on November 16, 2017 and concluding on December 12, 2017. Additionally, the notice was published on the same day in the Palos Verdes Peninsula News. Staff did not receive any comments in response to the public notice; 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 P.C. Resolution No. 2017-45 Page 1 of 6 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 after-the-fact Grading Permit and Coastal Development 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 December 12, 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. ZON2017-00115 (Major Grading Permit and Coastal Development Permit) would result in a significant adverse effect upon the environment. Section 2: With the imposition of the following mitigation measures that address impacts upon air quality, biological resources, cultural resources, geology/soils, hydrology/water quality, and noise 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: AQ-1. During construction, including grading, excavating, and land clearing. storage piles and unpaved disturbed areas shall be continuously stabilized or covered when material is not being added to or removed from the pile. AQ-2. During construction, including grading, excavating, and land clearing, measures should be taken 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 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. P.C. Resolution No. 2017-45 Page 2 of 6 AQ-6. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall demonstrate to the Director of Community Development'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 previously impacted by the unpermitted grading and vegetation needed to be cleared for fuel modification shall be offset by the property owner using a 3:1 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 three 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; 2) Revegetation of impacted habitat at the Abalone Cove Reserve and the payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan; or 3) 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 submit payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan. If the revegetation option is selected, the property shall prepare a Revegetation Plan for review and approval by the Director of Community Development, Wildlife Agencies, and 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, 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. P.C. Resolution No. 2017-45 Page 3 of 6 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. BI0-6. 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. BI0-7. 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. BI0-8. Pets of Project personnel shall not be allowed on the Project site during construction. BI0-9. 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. BI0-10.A qualified biologist shall monitor construction during clearing, grubbing, and initial excavation activities, as needed. BI0-11.The clearance of vegetation and any 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. 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 BUILDING/GRADING PERMIT ISSUANCE, 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. 2017-45 Page 4 of 6 CUL-2.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall conduct a Phase 1 archaeological survey of the property for approval by the Director of Community Development. 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 BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit any 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 BUILDING/GRADING PERMIT ISSUANCE, 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 Director of Community Development for recordation with the Los Angeles County Recorders Office. GEO-3.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, 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 Director of Community Development for recordation with the Los Angeles County Recorders Office. GEO-4.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall prepare an erosion control plan for the review and approval of the Building Official. The Applicant shall be responsible for continuous and effective implementation of the erosion control plan during project construction. HYD-1.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, 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. HYD-2.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, 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. If lot drainage deficiencies are identified by the Public Works Director, all such deficiencies shall be corrected by the Applicant. N-1. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM. Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on 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 P.C. Resolution No. 2017-45 Page 5 of 6 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. Section 3: 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 2017-45. 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 6,414yd3 of grading with 794yd3 of export to regrade the contours where unpermitted grading occurred over the 5500 Palos Verdes Drive South property and portions of the City-owned Abalone Cove Reserve property, subject to the conditions of approval contained in the attached Exhibit "A" (Case No. ZON2017-00115). PASSED, APPROVED AND ADOPTED this 12th day of December 2017, by the following vote: AYES: COMMISSIONERS NELSON, BRADLEY, EMENHISER, TOMBLIN, AND VICE CHAIRMAN JAMES NOES: COMMISSIONER LEON ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE ./Z William J. Jame , OftVice Chairman Ara Mihranian. AICP Director of Community Development and Secretary of the Planning Commission P.C. Resolution No. 2017-45 Page 6 of 6 City of Rancho Palos Verdes ENVIRONMENTAL CHECKLIST FORM 1. Project title: After-the-fact Major Grading Permit and Coastal Development Permit (ZON2017-00115) 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, Deputy Director/Planning Manager City of Rancho Palos Verdes (310) 544-5222 4. Project location: 5500 Palos Verdes Drive South and Abalone Cove Reserve City of Rancho Palos Verdes County of Los Angeles 5. Project sponsor's name and address: Allen & Charlotte Ginsburg 3046 Crownview Drive Rancho Palos Verdes, CA 90275 6. General Plan designation: Residential (<1 du/acre) & Natural Environment/Hazard 7. Coastal Plan designation: Coastal Zone, Subregion 5 8. Zoning: Single-Family Residential District (RS-1), Open Space-Recreational (OR) and Urban Design Overlay Control District (OC-3) 9. Description of project: The proposed project involves 6,414yd3 of grading (3,604yd3 of cut and 2,810yd3 of fill)with 794yd3 of export to regrade the contours where unpermitted grading occurred over portions of a private property(5500 PVDS) and the City-owned Abalone Cove Reserve property. The proposed grading will occur on both sides of the shared property line, disturbing approximately 32,100ft2 of total area. 10. Description of project site (as it currently exists): The 5500 Palos Verdes Drive South project site is 2.06-acres in size and developed with two dwelling units totaling 6,179ftZ in size and an attached 5-car garage. The Abalone Cove Reserve property is part of the City's Palos Verdes Nature Preserve and is approximately Environmental Checklist Case No. ZON2017-00115 110 acres in size. The Preserve provides passive public recreational opportunities and the protection of biological resources. 11. Surrounding land uses and setting: Land Uses Significant Features Project Privately-owned Single-family The private property has a building pad Area residential and Abalone Cove with descending slopes to the east and Reserve west, improved with residential development. Abalone Cove Reserve is a public park by the ocean featuring two beaches, trails, caves, and picnic areas. East, City-owned Abalone Cove Reserve Public park by the ocean featuring two West, and beaches, trails, caves, and picnic areas. South North Single-family residential These residential properties are located with the City's designated Portuguese Bend Landslide Moratorium Area. 12. Other public agencies whose approval is required: Page 2 Environmental Checklist Case No. ZO N 2017-00115 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 Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards& Hazardous Materials Hydrology/Water Quality Land Use/Planning —1 Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: I find that the project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that,although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 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. 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: December 12, 2017 Printed Name: So Kim, Deputy Director/Ping Manager For: City of Rancho Palos Verdes Page 4 Environmental Checklist Case No. ZON2017-00115 EVALUATION OF ENVIRONMENTAL IMPACTS: Less Than Significant Potentially Impact 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 1 X outcroppings, and historical buildings, within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its 1, 9 X surroundings? d) Create a new source of substantial light or glare, which would adversely affect 9 X day or nighttime views in the area? Comments: a) The proposed project area 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 existing residential development at 5500 PVDS is better known as the Harden Estate,which is identified as a historical resource in the City. It is the oldest remaining structures in the City, designed by architect Gordon Kaufmann and the landscape by Frederick Olmstead. The proposed project will not impact or alter the Harden Estate with exception to two separate areas below the building pad area along the south property line.The proposed grading area was previously altered without City approvals by the property owner to increase future parking areas.As a result of the past unpermitted grading, 21,780ft2 of protected habitat was impacted. With the mitigation measured recommended under the Biological Resources Sections of this Initial Study, the proposed project would cause less than significant impact. c) Unpermitted grading occurred in the past on portions of the private property and the City's Abalone Cove Reserve that degraded the aesthetic visual character by disturbing natural slopes and existing mature vegetation.The proposed project involves restoring the site contours by regrading and recontouring unpermitted graded slopes. The finished contours will not impact the visual character of the site or its surroundings as the grading occurs on descending slopes below the building pad area of the 5500 PVDS.Additionally,the unpermitted past grading area will be recompacted and excess fill will be exported off site.As such,the unsuitable fill existing on site will be removed and the proposed grading will re-stabilize the immediate area.The finished contours will be appear more natural and blend in with the surrounding contours. By implementing and adhering to avoidance and minimization measures recommended under the Biological Resources and Hydrology Sections of this Initial Study, the proposed project would cause less than significant. d) The proposed project does not introduce new light sources that may affect day or nighttime views.Therefore,there would be no impact caused by the proposed project. 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 1, 2, 7 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 1, 2, 7 X contract? Page 5 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code §12220(g)), timberland (as defined by X Public Resources Code §4526), or 1, 2, 7 timberland zoned Timberland Profduction (as defined by Government Code §51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest 1, 2, 7 X use? e) Involve other changes in the existing environment which,due to their location or nature, could result in conversion of 1, 2, 7 X Farmland, to non-agricultural use or conversion of forest land to non-forest use? Comments: a-e)The project site includes portions of a private property with an existing land use of single-family residential and City- owned property that is part of the Abalone Cove Preserve, a sub-area of the Palos Verdes Nature Preserve. Neither property is zoned for agriculture or forestry use.Additionally,the project site does not include any farmland,forest land, or timberland and therefore, not in conflict with 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 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact e) Create objectionable odors affecting a 1 2 X substantial number of people? Comments: a-d) The project area 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 (PM'° and PM2 5). The proposed 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 and federally and state protected species, such as the California gnatcatcher. Based upon the South Coast Air Quality Management District(SCAQMD)guidelines for estimating air quality impacts from construction activities,the project area of less than 1-acre 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 or covered when material is not being added to or removed from the pile. AQ-2: During construction, including grading, excavating, and land clearing, measures should be taken 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 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 Building/Grading Permit issuance, the Applicant shall demonstrate to the Director of Community Development'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 directly or through habitat modifications, 6, 7, 13, X on any species identified as a 14 candidate, sensitive, or special status _ Page 7 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 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 6, 7, 13, any riparian habitat or other sensitive 14 natural community identified in local or regional plans, policies, or regulations, X or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on 6, 7, 13, federally protected wetlands,as defined 14 by Section 404 of the Clean Water Act (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, 7, 13, movement of any native resident or 14 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, 7, 13, ordinances protecting biological 14 X resources, such as tree preservation policy or ordinance? f) Conflict with the provisions of an 6, 7, 13, adopted Habitat Conservation Plan, 14 Natural Community Conservation Plan, X or other approved local, regional, or state habitat conservation plan? Comments: a, b, e, f) Portions of the project site within the Abalone Cove Reserve are within the designated Natural Communities Conservation Planning (NCCP) Subarea Plan Reserve Area, also known as a sub-area of the Palos Verdes Nature Preserve (Preserve). The Palos Verdes Peninsula Land Conservancy (PVPLC), the City's land manager for the Preserve,at the request of the City conducted field surveys and reviewed historical aerial imagery and determined that 0.5 acres of Coastal Sage Scrub(CSS)was impacted by the unpermitted grading.Specifically,this disturbance includes 0.4 acres within the Abalone Cove Reserve and 0.1 acres on private property(5500 PVDS).This 0.5 acres of impact is considered significant. However, by implementing the guidelines in the NCCP Subarea Plan, as provided in Mitigation Measure BIO-1 below,the direct impacts to CSS would be compensated and therefore,considered less than significant. BIO-1 PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, vegetation previously impacted by the unpermitted grading and vegetation needed to be cleared for fuel modification shall be offset by the property owner using a 3:1 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 Page 8 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact Preserve and the property owner shall provide management funding for the additional acreage according to a Property Analysis Record or similar method;2) Revegetation of impacted habitat at the Abalone Cove Reserve and the payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan; or 3) 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 submit payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation,pursuant to the City's NCCP Subarea Plan. If the revegetation option is selected, the property shall prepare a Revegetation Plan for review and approval by the Director of Community Development, Wildlife Agencies, and 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. LSA Associates, Inc. also conducted a field survey and found that the proposed area to be regraded, which was previously disturbed by unpermitted grading,was comprised entirely of nonnative/ruderal vegetation and bare ground. While the proposed project areas may not contain any habitat, the PVPLC determined that some native habitat consisting of lemonade berry and mature Coastal Sage Scrub adjacent to the project areas may be impacted during grading and erosion control measures. 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 further habitat impacts and prevent the spread of silt from the construction zone into adjacent habitat areas(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(C) of the RPVMC. BIO-3 Prior to commencing construction, the Project limits shall be clearly marked on Project maps, deemed acceptable by the Director of Community Development,and 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 to protected species,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 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. Page 9 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact BIO-10 A qualified biologist shall monitor construction during clearing, grubbing, and initial excavation activities, as needed. BIO-11 The clearance of vegetation and any 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. • 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 northwestern 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 over 100'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. Additionally, indirect effects of construction on wildlife movement would be temporary in nature, restricted to the project construction time period. Furthermore, implementation of Mitigation Measures BIO-2 through BIO-10 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 1 X as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological 1, 5 X resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or 1, 5 X unique geologic feature? d) Disturb any human remains, including those interred outside of formal 1, 5 X cemeteries? Comments: a) Harden Estate located at 5500 PVDS is identified as a major historical resource in the City's General Plan. The regrading is proposed to occur in an undeveloped portion of the subject property in order to recontour and stabilize the site. Therefore, there would be no impacts to the Harden Estate caused by the proposed project. Page 10 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact b-d) According to the City's Archaeology Map, the project area is identified as a probable area of archaeological resources. The General Plan describes that there are locations along the coastline where the Gabrielinos had established campsites for many years and also a few locations indicating trade centers. For these reasons,the coastal area is generally considered as "archaeologically sensitive". While the proposed project is to recontour previously altered area, to ensure that the proposed project would cause less than significant impacts to cultural resources, the following mitigation measures will be incorporated: CUL-1 Prior to the Building/Grading Permit issuance, 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 Building/Grading Permit issuance, the Applicant shall conduct a Phase 1 archaeological survey of the property for approval by the Director of Community Development. 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. 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 4 X Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? 4 X iii) Seismic-related ground failure, in- 4 X cluding liquefaction? iv) Landslides? 4 X b) Result in substantial soil erosion or the 4 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 4 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 4 X Code (1994), thus creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or 4, 7 X alternative waste water disposal Page 11 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact systems where sewers are not available for the disposal of wastewater? Comments: a, c-d) On October 20,2016,the City Geologist reviewed the proposed project and required additional input 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. Cabrillo Fault dissects the City from the northwest border to the east and the Palos Verdes fault runs in the same direction, but outside of the City borders. The project site is located at the southwestern edge of the City and there is no evidence of active faulting on the subject site.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 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 the Building/Grading Permit issuance, the Applicant shall submit any 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 the Building/Grading Permit issuance, 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 Director of Community Development for recordation with the Los Angeles County Recorders Office. GEO-3 Prior to the Building/Grading Permit issuance, 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 Planning Division of the Community Development Department. Such covenant shall be submitted to the Director of Community Development for recordation with the Los Angeles County Recorders Office prior to any grading permit issuance. b) It is the City's standard practice to require the preparation and implementation of an erosion control plan for wind- and waterborne soil for projects. With the incorporation of the following mitigation measures, the proposed project would cause less than significant impacts: GEO-4 Prior to the Building/Grading Permit issuance,the Applicant shall prepare an erosion control plan for the review and approval of the Building Official. The Applicant shall be responsible for continuous and effective implementation of the erosion control plan during project construction. e) The proposed project involves regrading over previously altered area for stabilization purposes and does not include new structures. Therefore, there will be no impacts. VII.GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may 16 X have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation adopted for the purpose of 16 X reducing the emissions of greenhouse gases? Page 12 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact Comments: a-b) The United States Environmental Protection Agency explains that the primary sources of greenhouse gas emissions are electricity production, transportation, industry, commercial/residential, agriculture, and land use and forestry. The proposed project involves grading to recontour and stabilize a undeveloped area of the project site and therefore will not have any impacts to greenhouse gases or related policies. 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 7 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 11 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, 7 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 7 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 12 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 7 X wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Page 13 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact Comments: a-b)No hazardous materials or conditions are known or expected to exist on the subject property.The proposed grading will utilize conventional methods will not involve the use or transport of hazardous materials. Therefore,there would be no impacts caused by the proposed project. c) The nearest school in the vicinity of the subject property is the Portuguese Bend Nursery School at Abalone Cove. At its closest point, the subject property is over 1,200' 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 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 proposed project is to recontour and stabilize areas that contain unsuitable fill as a result of past unpermitted grading.The finished project will reinforce the slope and the improvements beyond. Therefore, the proposed project would be consistent and not interfere with adopted emergency response or evacuation plan. Therefore, there would be no impacts caused by the proposed project. h) Based upon the most recent maps prepared by the California Department of Forestry and Fire Protection(CalFire), the entire Palos Verdes Peninsula is within a Very High Fire Hazard Severity Zone. The project site is located partially on a private residential property and the City's Abalone Cove Reserve,surrounded by open space to the east,south and west,with an arterial street(Palos Verdes Drive South)to the north.As the proposed project involves regrading an area that is unimproved and that was previously disturbed through unpermitted grading,there will be no impacts to increased or exposed risks to people or structures. IX. HYDROLOGY/WATER QUALITY. Would the project: a) Violate any water quality standards or 9 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 9 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 7 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 9 X the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? Page 14 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems 9 X or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water 9 X quality? g) Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood 9 X Insurance Rate map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or 9 X redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death 7 X involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 7 X Comments: a, c-f) While the proposed project will not result in changes to the current drainage patterns of the area as the finished grades will be relatively the same as what exists,there may be 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 Building/Grading Permit issuance, 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. HYD-2 Prior to the Building/Grading Permit issuance, 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. If lot drainage deficiencies are identified by the Public Works Director, all such deficiencies shall be corrected by the Applicant. b) The proposed project involves regrading of a previous graded vacant area.Therefore,there would no impact caused by the proposed project. g-h) The proposed project does not involve structures. Therefore, there would be no 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 no impact caused by the proposed project. j) The lowest elevation of the project area is at least 110'above mean sea level(MSL).Therefore,there would be less no impact caused by the proposed project. X. LAND USE/PLANNING. Would the project: a) Physically divide an established com- 1, 2, 7 X munity? b) Conflict with any applicable land use plan, policy, or regulation of an agency 1, 2, 7 X with jurisdiction over the project Page 15 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact (including, but not limited to the general 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- 1 6, 7, 13, X munity Conservation Plan? 14 Comments: a) The proposed project involves regrading over a previously graded vacant area.Therefore,there would be no impact caused by the proposed project. b-c) See Section IV, Biological Resources section above. Xl. 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 project area. 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 established in the local general plan or 1 X 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 7 X not been adopted, within two miles of a public airport or a public use airport, Page 16 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 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 7 X people residing or working in the project area to excessive noise levels? Comments: a) The proposed project area includes and is surrounded by City-owned open space area(Abalone Cove Reserve)and the closest residential properties are at least 100' away, across an arterial street (Palos Verdes Drive South) to the north. Nevertheless,the proposed grading operation may have the potential to create short-term construction-related noise and vibration impacts to those residential properties across Palos Verdes Drive South.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,9:00AM to 5:00PM 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 7:00 AM Monday through Friday and before 9:00 AM 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. e-f) The subject lot is not located within 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. POPULATION/HOUSING. Would the project: a) Induce substantial growth in an area either directly (e.g., by proposing new homes or businesses)or indirectly(e.g., 9 X through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction 9 X of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction 9 X of replacement housing elsewhere? Comments: a-c) The proposed project does not involve new construction or demolition of existing structures.Therefore,there would be no impact caused by the proposed project. XIV. PUBLIC SERVICES. Page 17 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 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 project involves grading to recontour and stabilize an undevelopable vacant area.There would be no impact to public services 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-b) The proposed project involves grading to recontour and stabilize an undevelopable vacant area.The project area consists of an undeveloped area absent of public trails,facilities,and/or amenities.Therefore,there would be no impact to recreational uses or facilities 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 Page 18 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 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 dangerous intersections) or X incompatible uses (e.g. farm equipment? e) Result in inadequate emergency ac- 9, 12 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 proposed project involves grading to recontour and stabilize an undevelopable vacant area. Therefore, the proposed project would not impact circulation patterns, congestion management programs, air traffic patterns, and alternative transportation.Additionally,the proposed grading is not to create any street or driveway design features that may increase hazards or impact existing emergency access. As such, there would be no impact caused by the proposed project. XVII. UTILITIES/SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment require- ments of the applicable Regional Water X Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing 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 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? Page 19 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with ' Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it X has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g) Comply with federal, state, and local statures and regulations related to solid X waste? Comments: a-g) The proposed project involves grading to recontour and stabilize an undevelopable vacant area. Therefore, the proposed project would have no impacts to wastewater and its facilities,storm water drainage facilities,water supplies, landfill for solid waste disposal, and solid waste regulations. 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. b) Does the project have impacts that are individually limited, but cumulatively X considerable? Comments: The proposed project is to regrade a previously graded area for stabilization purposes.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? 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 20 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 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: Not applicable. 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 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 City of Rancho Palos Verdes Geographic Information System (GIS) database and maps 8 State of California, Department of Forestry and Fire Protection, Very High Fire Hazard Severity Zone Maps. Sacramento, California, accessed via website, March 2008 9 Project Plans 10 City of Rancho Palos Verdes Municipal Code 11 Hazardous Waste and Substances Site List (i.e., "Cortese List") 12 Cities of Rancho Palos Verdes and Rolling Hills Estates Joint Natural Hazards Mitigation Plan 13 Gould, Bo (LSA). (2017, September 8). Biological Resources Technical Memorandum for 5500 Palos Verdes Drive South, City of Rancho Palos Verdes, Los Angeles County, California. Page 21 Environmental Checklist Case No. ZON2017-00115 Less Than Significant Potentially Impact with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 14 Mohan, Adrienne (Palos Verdes Peninsula Land Conservancy). (2017, October 27). Habitat impact assessment of past and future grading areas at 5500 Palos Verdes Drive South. 15 Lancaster, James (Kling Consulting Group, Inc). (2016, December 2). City of Rancho Palos Verdes Geotechnical Report Response Checklist. 16 United States Environmental Protection Agency, Overview of Greenhouse Gases. Accessed via website, November 2017. ATTACHMENTS: Mitigation Monitoring Program Page 22 Exhibit "B" Mitigation Monitoring Program Project: After-the-Fact Major Grading Permit and Coastal Development Permit (Z0N2017- 00115) Location: 5500 Palos Verdes Drive South and Abalone Cove Shoreline Park Reserve City of Rancho Palos Verdes County of Los Angeles Applicant/Landowner: Allen & Charlotte Ginsburg TABLE OF CONTENTS I. Introduction ...... ...... ............ ...... ...... ...... ...... ...... .......... ... ... ...... ... ... ...... ....2 Purpose.. 2 Environmental Procedures 2 Mitigation Monitoring Program Requirements 2 II. Management of the Mitigation Monitoring Program 3 Roles and Responsibilities 3 Mitigation and Monitoring Program Procedures 3 Mitigation Monitoring Operations 3 III. Mitigation Monitoring Program Checklist 5 IV. Mitigation Monitoring Summary Table 6 Mitigation Monitoring Program Exhibit B - Page 1 Resolution No. 2017-45 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP) is to allow the following project at 5500 Palos Verdes Drive South and Abalone Cove Reserve in the City of Rancho Palos Verdes: Conduct 6,414yd3 of grading (3,604yd3 of cut and 2,810yd3 of fill) with 794yd3 of export to regrade the contours where unpermitted grading occurred over portions of a private property (5500 PVDS) and the City-owned Abalone Cove Reserve property. The proposed grading will occur on both sides of the shared property line, disturbing approximately 32,100ft2 of total area. 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. 2017-45 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, Director of Community Development 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 Director of Community Development would document the change and shall notify the appropriate design. Mitigation Monitoring Program Exhibit B - Page 3 Resolution No. 2017-45 construction, or operations personnel about refined requirements. Mitigation Monitoring Program Exhibit B - Page 4 Resolution No. 2017-45 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 December 12, 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 5 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 1. AIR QUALITY AQ-1. During construction, including grading, excavating, and land clearing, storage piles and Property Owner/ Community unpaved disturbed areas shall be continuously Construction During construction Development Applicant. stabilized or covered when material is not being Department added to or removed from the pile. AQ-2. During construction, including grading, excavating, and land clearing, measures should be Property Owner/ Community g Construction During construction Development taken to prevent emitting dust and to minimize visible Applicant. Department emissions from crossing the boundary line. AQ-3. During construction, including grading, excavating, and land clearing, construction vehicles Property Owner/ Community g Construction During construction Development leaving the site shall be cleaned to prevent dust, silt, Applicant. Department mud, and dirt from being released or tracked off site. AQ-4. During construction, including grading, excavating, and land clearing, the Applicant shall be responsible for minimizing bulk material or other Property Owner/ Community debris from being tracked onto the City's public Construction During construction Development Applicant. roadways, and if tracked, the Applicant's contractor Department 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 Property Owner/ Community cargocargo compartments, and leads are either covered Construction During rnnQtrllrtinn nPvPlnnmPnt co I I',JQI ll I IGI IL. QI ILI ILJGLl. are either: covered L.I L.0 vvI I.��i��v'ivi� v�..����.J. vv.�v��Nv��v� Applicant. v v- ' ~',, ," with tarps; wetted and loaded such that the material Department 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 Building/Grading Permit issuance, Community the Applicant shall demonstrate to the Director of Prior to Building & Safety Property Owner/ CommunityDevelopment's satisfaction that dust Plan Check permit issuance Applicant. Development p Department generated by grading activities shall comply with the Mitigation Monitoring Program Exhibit B - Page 6 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 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 gradingactivities shall cease when winds gusts (as PropertyOwner/ Community Construction During Construction Development instantaneous gusts) exceed 25 mph. To assure Applicant. Department 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 Property Owner/ Community equipment shall be kept in proper operating Construction During Construction Development Applicant. condition, including proper engine tuning and Department exhaust control systems. 2. BIOLOGICAL RESOURCES BIO-1. Prior to Building/Grading Permit issuance, vegetation previously impacted by the unpermitted grading and vegetation needed to be cleared for fuel modification shall be offset by the property owner using a 3:1 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 Prior to Building & Safety Property Owner/ Community Agencies, the property owner shall dedicate Planning Review Development +kr. 17)-.1,-., �„r,�„�. ��.,+,,r„ permit issuance Applicant. auuiiivi IOU ALA cais aiv0 vcucO Department t 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; 2) Revegetation of impacted habitat at the Abalone Cove Reserve and the payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan; or 3) With the approval of the Mitigation Monitoring Program Exhibit B - Page 7 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 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 submit payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan. If the revegetation option is selected, the property shall prepare a Revegetation Plan for review and approval by the Director of Community Development,Wildlife Agencies, and 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 Community limits of Project impacts to prevent habitat impacts Construction Prior to Construction Property Owner/ Development and prevent the spread of silt from the construction Applicant. Department 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, the Project limits shall be clearly marked on Project maps Property Owner/ Community provided to the construction contractor and areas Construction Prior to Construction Development Applicant. outside of the Project limits shall be designated as Department "no construction" zones. BIO-4. During construction, construction workers Community shall strictly limit their activities, vehicles, equipment, Construction During Construction Property Owner/ Development and construction materials to the designated Applicant. Department construction limits. BIO-5. During construction, all equipment maintenance, staging, and dispensing of fuel, oil, Property Owner/ Community coolant, or any other such activities shall occur in Construction During Construction Development designated areas within the fenced Project limits. Applicant. Department 9 J These designated areas shall be located in _ _ Mitigation Monitoring Program Exhibit B - Page 8 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 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 attractingpredators of native and sensitive Property Owner/ Community Construction During Construction Development wildlife. All food-related trash items shall be Applicant. Department 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, theyshall be avoided and allowed to leave the Property Owner/ Community Construction Prior to Construction Development Project site on their own volition, or a qualified Applicant. Department biologist shall relocate them outside of the Project site. BIO-8. Pets of Project personnel shall not be allowed Property Owner/ Community Construction During Construction Development on the Project site during construction. Applicant. Department BIO-9. During construction,equipment for immediate cleanup shall be kept at the staging area. This plan Prior to Building & Safety Property Owner/ Community shall also include erosion control measures to control Plan Check Development permit issuance Applicant. surface runoff, erosion, and sedimentation outside of Department the project footprints. BIO-10. A qualified biologist shall monitor Community Plan ChPrk and Prior to and fli inng PrnnArty owner / Construction Construction vA �licant. construction during clearing, grubbing, and initial y " ' Development excavation activities, as needed. pp Department BIO-11. The clearance of vegetation and any construction shall occur outside of the nesting season (generally February 1 through September 1). If avoidingthe nestingseason is not practicable, the PropertyOwner/ Community Construction During Construction Development following additional measures shall be employed: Applicant. Department • A pre-construction nesting survey shall be conducted by a qualified biologist within 3 days prior Mitigation Monitoring Program Exhibit B - Page 9 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 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. 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. 3. CULTURAL RESOURCES CUL-1. Prior to the Building/Grading Permit issuance, the Applicant shall consult with the South Prior to Building & Safety Property Owner/ Community ( Antral �nactal Infnrmatinn renter (SCCiC) Plan Check i Development ""`"' ""`""""' " ""�" ' permit issuance Applicant. regarding any known archaeological sites on or Department within a half-mile radius of the subject property. CUL-2. Prior to the Building/Grading Permit issuance, the Applicant shall conduct a Phase 1 Prior to Building & Safety Property Owner/ Community pp Plan Check Development archaeological survey of the property for approval by permit issuance Applicant. Department the Director of Community Development. CUL-3. Prior to the commencement of grading, the Property Owner/ Community Applicant shall retain a qualified paleontologist and Construction Prior to Construction Development Applicant. archeologist to monitor grading and excavation. In _ _ _ Department Mitigation Monitoring Program Exhibit B - Page 10 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 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. 4. GEOLOGY/SOILS GEO-1. Prior to the Building/Grading Permit issuance, the Applicant shall submit any information required by the City Geologist, including a soils report, Community and/or a geotechnical report,for the review and approval Plan Check Prior to Building & Safety Property Owner/ of the CityGeologist. The Applicant shall comply with anypermit issuance Applicant. Development g pp p y Department requirements imposed by the City Geologist and shall substantially repair the geologic conditions to the satisfaction of the City Geologist. GEO-2. Prior to the Building/Grading Permit issuance, a Hold Harmless Agreement, satisfactory to the City Attorney promising to defend,indemnify,and hold Prior to Building & Safety Property Owner/ Community the City harmless from any claims or damages resulting Plan Check permit issuance Applicant. Development from the requested project, shall be submitted to the Department Community Development Director for recordation with the Los Angeles County Recorders Office. GEO-3. Prior to the Building/Grading Permit issuance, the Applicant shall submit for recordation a covenant, satisfactory to the City Attorney, agreeing to construct the project strictly in accordance with the Prior to Building & Safety Property Owner/ Community approved plans; and agreeing to prohibit further projects Plan Check Development permit issuance Applicant. on the subject site without first filing an application with Department 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 the Building/Grading Permit issuance, the Applicant shall prepare an erosion control Community plan for the review and approval of the Building Official. Plan Check Prior to Building & Safety Property Owner/ Development The Applicant shall be responsible for continuous and permit issuance Applicant. Department effective implementation of the erosion control plan during project construction. Mitigation Monitoring Program Exhibit B - Page 11 Resolution No. 2017-45 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 5. HYDROLOGY/WATER QUALITY HYD-1. Prior to the Building/Grading Permit issuance, the Applicant shall submit for review and Community approval by the City's Building Official an Erosion Control Prior to Building & Safety Property Owner/ Plan Check Development Plan that shall include BMPs for erosion, sedimentation permit issuance Applicant. Department and run-off control during construction activities to protect the water quality. HYD-2. Prior to the Building/Grading Permit issuance, the Applicant shall submit and obtain approval Community of a Drainage Plan by the City's Building&Safety Division Plan Check Prior toBuilding Safety Property Owner/ Development and the City's Public Works Director. If lot drainage permit issuance Applicant. Department deficiencies are identified by the Public Works Director,all such deficiencies shall be corrected by the Applicant. 6. NOISE N-1. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on 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 streetProperty Owner/ Community rights-of-way before 7AM Monday through Friday and Construction During Construction Development Applicant. before 9AM on Saturday,in accordance with the permitted Department 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 Property Owner/ Community equipped with standard noise insulating features during Construction During Construction Development Applicant. construction to reduce source noise levels. Department N-3. All project construction equipment shall be properly Community maintained to assure that no additional noise,due to worn Property Owner/ or improperly maintained parts is generated during Construction During Construction Applicant. Development construction. Department Mitigation Monitoring Program Exhibit B - Page 12 Resolution No. 2017-45