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RPVCCA_SR_2011_02_01_11_Zone_2_EIR_Scoping_SessionDate: Subject: PUBLIC HEARING February 1,2011 Scoping Session for the Environmental Impact Report for the • Proposed Zone 2 Landslide Moratorium Ordinance Revisions (Planning Case No.ZON2009-00409) Subject Property:Zone 2 Landslide Moratorium Area 1.Declare the Hearing Open:Mayor Long 2.Report of Notice Given:City Clerk Morreale 3.Staff Report &Recommendation:Kit Fox,Associate Planner 4.Public Testimony: Appellants:N/A Applicant:N/A 5.Council Questions: 6.Rebuttal: 7.Declare Hearing Closed:Mayor Long 8.Council Deliberation: 9.Council Action: 11-1 CITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS'~ JOEL ROJAS,AICP,COMMUNITY DEVELOPMENill~~ DIRECTOR -\J>\ FEBRUARY 1,2011 SCOPING SESSION FOR THE ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED ZONE 2 LANDSLIDE MORATORIUM ORDINANCE REVISIONS (PLANNING CASE NO.ZON2009-0040~ REVIEWED:CAROLYN LEHR,CITY MANAGER o.Y- Project Manager:Kit Fox,AICP,Associate Planner~ RECOMMENDATION Conduct a public hearing to receive comments on the scope of the Environmental Impact Report (EIR)to be prepared for the Zone 2 Landslide Moratorium Ordinance Revisions (Planning Case No.ZON2009-00409). EXECUTIVE SUMMARY In 2009,the City Council directed Staff to pursue "two-track"environmental review of revisions to the City's Landslide Moratorium Ordinance in response to the Court of Appeals' decision in the Monks case.Based upon this direction,a Mitigated Negative Declaration (MND)was certified by the City Council in conjunction with the first "track"of this process to revise the Landslide Moratorium Ordinance to allow the Monks plaintiffs to apply for Landslide Moratorium Exceptions (LMEs)for their sixteen (16)vacantlots in Zone 2.The second "track" of this process is to prepare an Environmental Impact Report (EIR)that will assess potential environmental impacts arising from the adoption of an ordinance that would allow the owners of the other thirty-one (31)vacant lots in Zone 2 to pursue development of their properties along with the cumulative impacts of allowing development of all forty-seven (47)of these properties.Staff is preparing to release the Draft EIR,and is now soliciting public comments on its scope,in accordance with the provisions of the California Environmental Quality Act (CEQA). 11-2 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 2 The role of the City Council at the scoping meeting will be simply to provide the forum for the public to provide verbal comments on the NOP/IS. No decision on the proposed project will be made at the scoping meeting. Therefore, comments on the merits of the proposed project should be held until the merits of the Landslide Moratorium Ordinance Revisions are considered. Such consideration will occur after the completion of the Final EIR (FEIR), most likely sometime during the summer of 2011. BACKGROUND Within the Portuguese Bend area of the City, located along the south-central coastline of the City, is the City’s Landslide Moratorium Area (LMA). The LMA was originally established in 1978 in response to potentially unstable soil conditions and active landslide movement in an area encompassing approximately 1,200 acres. Since 1978, development activity has been strictly limited within the LMA. The specific restrictions imposed within the LMA are described in the City’s Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal Code). In general, properties in the LMA that are currently developed with residential structures are permitted to make limited improvements if the City grants a Landslide Moratorium Exception (LME). New construction is not permitted on properties in the LMA that were not previously developed with residential structures unless a Moratorium Exclusion (ME) is granted. The ordinance that is being analyzed would create a new moratorium exception permit category that would allow the subject properties to be developed, so that the current development restriction in the LMA would no longer be applicable. In 2002, a group of Portuguese Bend property owners filed an ME application to exclude their undeveloped lots within the area known as “Zone 2” from the LMA. Shortly after this application was deemed incomplete for processing, the applicants filed suit against the City. Eventually, the case (Monks v. Rancho Palos Verdes) was decided in the applicants’/plaintiffs’ favor in December 2008, the City being found to have taken the plaintiffs’ property by virtue of preventing the development of their undeveloped lots. Following the decision by the Court of Appeal, the City’s option is to either acquire the properties from the plaintiffs or to remove regulatory impediments in its Municipal Code that prevent the development of the sixteen (16) Monks plaintiffs’ lots. Because of the potential economic impact to the City that would arise from the purchase of these properties ($16 million to $32 million), the City Council determined that the development impediments should be removed and began this process with the adoption of Ordinance No. 498 to allow the Monks plaintiffs to apply for LMEs for their lots. The City now desires to consider broader revisions to the Landslide Moratorium Ordinance that could also permit the owners of the other thirty-one (31) undeveloped lots in Zone 2 to be developed with new residences. This would result in the possible future development of 11-3 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 3 up to forty-seven (47) new residences on existing legal lots in Zone 2 within the Portuguese Bend community. The Zone 2 area, as identified by the late Dr. Perry Ehlig, measures approximately one hundred twelve (112) acres and consists of one hundred eleven (111) lots, of which sixty- four (64) lots are developed and forty-seven (47) lots are undeveloped (see aerial photo above). Of these undeveloped lots, sixteen (16) lots are owned by Monks plaintiffs. Most of the forty-seven (47) undeveloped lots in Zone 2 were originally created with the recordation of Tracts 14195 and 14500 in the late 1940s. These undeveloped lots, which average roughly an acre in size each, are zoned for single-family residential use at densities of 1 and 2 dwelling units per acre (i.e., RS-1 and RS-2, respectively). The vast majority of the developed lots are improved with single-family residences and related accessory structures and uses, with most homes built during the 1950s. The largest developed lot in Zone 2 is occupied by the Portuguese Bend Riding Club, a nonconforming commercial stable that was established prior to the City’s incorporation in 1973. Streets within Zone 2 are maintained by the Portuguese Bend Community Association (PBCA). All streets in the Portuguese Bend community are private, and the community itself is gated. The majority of the undeveloped lots contain non-native vegetation, and some have small, non-habitable structures (i.e., sheds, stables, fences, etc.) for horsekeeping or horticultural uses. All of the lots in Zone 2 are subject to the development standards and performance criteria established by the Urban Appearance Overlay Control District (Section 17.40.060 of 11-4 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 4 the Rancho Palos Verdes Municipal Code). Altamira Canyon is the primary natural drainage course through Zone 2, and portions of several lots in Zone 2 that cross the canyon are subject to the development standards and performance criteria established by the Natural Overlay Control District (Section 17.40.040 of the Rancho Palos Verdes Municipal Code). Some lots along the northerly boundary of Zone 2 abut the City’s Natural Communities Conservation Planning (NCCP) Preserve, which contains sensitive plant and animal communities. Although Zone 2 is not located within the City’s Coastal Specific Plan district, drainage from Zone 2 ultimately flows to the ocean via Altamira Canyon. In October 2009, the City Council adopted an amendment to the Landslide Moratorium Ordinance (Planning Case No. ZON2009-00007) to allow the owners of the sixteen (16) Monks plaintiffs’ lots to apply for LMEs for the construction of new homes (Ordinance No. 498). A MND was certified in conjunction with this revision, the adequacy of which has been challenged in a lawsuit filed by a group of current Portuguese Bend residents (i.e., the Enstedt lawsuit). In December 2009, a further revision to the amendment to the Landslide Moratorium Ordinance (Ordinance No. 501U) was approved by the City to allow site grading for the development of each of the Monks plaintiffs’ lots not to exceed 1,000 cubic yards of combined cut and fill, and with no import in excess of 50 cubic yards. An Addendum to the previous MND was certified in conjunction with Ordinance No. 501U. To date, LME applications have been approved by the City for all sixteen (16) of the Monks plaintiffs’ lots. Of these, seven (7) Planning applications for the development of Monks plaintiffs’ lots have been approved; Planning applications for two (2) Monks plaintiffs’ lots have been deemed complete and are pending approval; and Planning applications have yet to be submitted to the City for the remaining seven (7) Monks plaintiffs’ lots. Section 15.20.040 of the Municipal Code establishes the process for requesting exceptions from the City’s landslide moratorium regulations. As discussed above, all sixteen (16) LME requests have been received from the Monks plaintiffs’ under the current provisions of Section 15.20.040(P), which reads as follows: The construction of residential buildings, accessory structures, and grading totaling less than one thousand cubic yards of combined cut and fill and including no more than fifty cubic yards of imported fill material on the sixteen (16) undeveloped lots in Zone 2 of the "Landslide Moratorium Area" as outlined in green on the landslide moratorium map on file in the Director’s office, identified as belonging to the plaintiffs in the case “Monks v. City of Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008)”; provided, that a landslide moratorium exception permit is approved by the Director, and provided that the project complies with the criteria set forth in Section 15.20.050 of this Chapter. Such projects shall qualify for a landslide moratorium exception permit only if all applicable requirements of this Code are satisfied, and the parcel is served by a sanitary 11-5 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 5 sewer system. Prior to the issuance of a landslide moratorium exception permit, the applicant shall submit to the Director any geological or geotechnical studies reasonably required by the City to demonstrate to the satisfaction of the City geotechnical staff that the proposed project will not aggravate the existing situation. Staff envisions that the proposed Landslide Moratorium Ordinance Revisions would revise the language of this section to encompass all forty-seven (47) undeveloped lots in Zone 2, rather than restricting it to only the Monks plaintiffs’ lots. This would allow for the future submittal of LMEs for all of these undeveloped lots. It should be noted, however, that the granting of an LME does not constitute Planning approval of a specific project request, but simply grants the property owner the ability to submit the appropriate Planning application(s) for consideration of a specific project request. The granting of up to forty-seven (47) LME requests would permit individual property owners to then apply for individual Planning entitlements to develop their lots. The undeveloped lots within Zone 2 are held in multiple private ownerships so, while it is unlikely that all of the lots would be developed concurrently, the timing and scope of future development is not known. However, for the purposes of the proposed EIR, Staff assumes that development would occur over a period of at least ten (10) years in a manner consistent with the private architectural standards adopted by the PBCA and the City’s underlying RS-1 and RS-2 zoning regulations. The future development assumptions for Zone 2 would include the following: • Less than 1,000 cubic yards of grading (cut and fill combined) per lot, with no more than 50 cubic yards of imported fill per lot; • Forty-seven (47) single-level, ranch-style residences with attached or detached 3-car garages, with minimum living area of 1,500 square feet and maximum living area of 4,000 square feet or 15% of gross lot area, whichever is less; • Maximum 25% (RS-1) or 40% (RS-2) gross lot coverage; • Maximum building height of 16’ for residences and 12’ for detached accessory structures, as measured pursuant to City Code; • Minimum setbacks of 20’ front, 15’ rear, 10’ street-side and 5’ interior side, with setbacks along private street rights-of-way measured from the easement line rather than the property line; • No subdivision of existing lots within Zone 2; and • Connection of all new residences to the existing Abalone Cove sewer system. DISCUSSION Upon review of the project proposal—and consistent with direction provided by the City Council in 2009—it was determined that the proposed project would require the preparation 11-6 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 6 of an EIR. As such, the City entered into a professional services agreement with Rincon Consultants, Inc., the environmental consultant retained by the City to prepare the EIR. The first step of the CEQA process is to complete an Initial Study. On January 3, 2011, the Notice of Preparation (NOP) and Initial Study (IS) announcing that a Draft Environmental Impact Report (DEIR) would be prepared for the proposed project was released to the public for a 30-day comment or "scoping" period (concluding on February 2, 2011). The purpose of the NOP/IS is to provide public agencies and the general public with an opportunity to comment on what environmental issues should be evaluated in the forthcoming DEIR. The NOP/IS was mailed to property owners within (and within a 500- foot radius of) Zone 2 and to other interested persons, and was made available for public review at City Hall, Hesse Park, the local libraries and on the City's website. Copies of the NOP and IS are attached to tonight’s report. According to the IS, the proposed project has the potential for significant adverse environmental impacts in the following issue areas, which will be evaluated in detail in the DEIR: • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Geology/Soils • Greenhouse Gas Emissions • Hazards & Hazardous Materials • Hydrology/Water Quality • Noise • Transportation /Traffic • Utilities/Service Systems The IS also noted that less-than-significant or no environmental impacts are currently anticipated in the following issue areas, which will not be evaluated in detail in the DEIR: • Agricultural and Forestry Resources • Land Use/Planning • Mineral Resources • Population/Housing • Public Services • Recreation 11-7 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 7 According to the provisions of CEQA, the public comment period for the NOP/IS shall be at least thirty (30) days, during which time the City may elect to conduct a scoping meeting. The City has opted to conduct a scoping meeting to provide the public with an opportunity to submit verbal comments (in addition to the typical written comments) on environmental issues associated with the proposed project. Comments should be focused on what environmental issues should be analyzed in the forthcoming DEIR. The minutes from the scoping meeting and written comments received during the NOP/IS comment period will be forwarded to the City's EIR consultant. The EIR consultant, working with City Staff, will then ensure that germane environmental issues identified by the public are addressed in the forthcoming DEIR. Comments made in support of the project or in opposition to the project are not responded to in the DEIR, as these comments should be considered by the City Council at the time that the proposed revisions to the City’s Landslide Moratorium Ordinance to allow for the potential future development of all vacant lots in Zone 2 are consider by the City Council. The DEIR is expected to be completed and available for public review in March 2011. The role of the City Council at the scoping meeting will be simply to provide the forum for the public to provide verbal comments on the NOP/IS. No decision on the proposed project will be made at the scoping meeting. Therefore, comments on the merits of the proposed project should be held until the merits of the Landslide Moratorium Ordinance Revisions are considered. Such consideration will occur after the completion of the Final EIR (FEIR), most likely sometime during the summer of 2011. All interested parties will be notified of those said City Council meetings. Staff envisions the scoping meeting to involve a brief presentation by Staff and the EIR consultant, describing the project and EIR process, followed by the opening of the public hearing to receive comments from the public. At the conclusion of the public comments, individual City Council members will have an opportunity to offer their own comments regarding the NOP/IS. CONCLUSION In conclusion, Staff recommends that the City Council conduct a public hearing to receive comments on the scope of the Environmental Impact Report (EIR) to be prepared for the Zone 2 Landslide Moratorium Ordinance Revisions (Planning Case No. ZON2009-00409). ADDITIONAL INFORMATION Public Notification On December 22, 2010, an advance courtesy notice of the NOP/IS was provided via e-mail to listserve subscribers for this project. On Thursday, December 30, 2010, the NOP was 11-8 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 8 published in the Peninsula News. The NOP was then mailed to property owners within (and within a 500-foot radius of) Zone 2 and to other interested parties on January 3, 2011. As previously noted, the 30-day public comment period for the NOP/IS will end on Wednesday, February 2, 2011. Public Correspondence As of the date that this report was completed, the City had received several comment letters in response to the NOP, which are attached to tonight’s report. Comment letters submitted after the transmittal of this Staff report to the City Council will be provided to the City Council as “late correspondence” for the February 1, 2011, City Council meeting. As previously reported, all comments on the NOP/IS received during the 30-day comment period will be provided to the City's environmental consultant for consideration in the preparation of the project's Draft EIR. Estimated Project Timeline The following is a tentative project schedule for the completion of the project EIR, including the anticipated dates for the City Council’s consideration of the proposed Landslide Moratorium Ordinance Revisions and certification of the Final EIR. Please note that the meeting dates are tentative and may change; subsequent public notices will announce the actual meeting dates. February 2011 End of 30-day scoping period March 2011 Draft EIR released for minimum 45-day public comment period April 2011 City Council meeting to receive comments on Draft EIR July 2011 Final EIR released August 2011 City Council meeting(s) on proposed Landslide Moratorium Ordinance Revisions and certification of the Final EIR Status of Monks Litigation As mentioned above, LMEs have been approved for all sixteen (16) Monks plaintiffs’ lots. Since the granting of an LME does not constitute Planning approval of a specific project request, the individual Monks plaintiffs must then submit the appropriate Planning applications for consideration of a specific project request. To date, seven (7) of the Monks plaintiffs with approved LMEs have obtained Planning approvals from the City, five (5) of which are currently in the Building and Safety plan check process. Two (2) more Monks plaintiffs have submitted Planning applications that have not yet been acted upon by the City. The remaining Monks plaintiffs have yet to submit Planning applications to the City for their seven (7) lots. Most recently, a status conference with the judge in the Monks case was held on January 25, 2011. 11-9 MEMORANDUM: Zone 2 EIR Scoping Session February 1, 2011 Page 9 Status of Enstedt Litigation On October 16, 2009, Lewis Enstedt and the Portuguese Bend Alliance for Safety (PBAS) filed suit (i.e., the Enstedt case) against the City, challenging the adequacy of the MND certified by the City Council in conjunction with the adoption of Ordinance No. 498. The Enstedt complaint was amended on January 11, 2010, following the adoption of an Addendum to the MND in conjunction with the adoption of Ordinance No. 501U. The Enstedt complaint asks for the MND to be set aside, and for the City to be directed to prepare an EIR before the development of any vacant lots in Zone 2 is allowed to occur. Currently, a trial date in the Enstedt case is set for mid-April 2011. FISCAL IMPACT In 2010, the City Council authorized the expenditure of $139,826 for the preparation of this EIR. It should be noted that Staff intends to pursue some sort of cost recovery of the City monies spent on the preparation of this EIR. One possibility is recommending that an EIR Preparation Fee be imposed upon the processing of future development applications for the thirty-one (31) additional lots that would be allowed to develop under the proposed Landslide Moratorium Ordinance Revisions. Staff intends to bring this issue to the City Council for consideration at or about the same time that the Municipal Code amendments necessary to allow for the future development of remaining vacant lots throughout Zone 2 are acted upon by the City Council. By that time, the total EIR costs will be known. At this time, the preparation of the EIR is proceeding within its appropriated budget. Attachments: • Notice of Preparation • Initial Study • Scoping comments (received as of January 26, 2011) M:\Projects\ZON2009-00409 (Zone 2 Moratorium Revisions)\20110201_StaffRpt_CC.doc 11-10 RANCHO PALOS VERDES To:Interested Persons NOTICE OF PREPARATION From:City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes,California 90275-5391 310-544-5228 or planning@rpv.com Subject:Notice of Preparation of an Environmental Impact Report (EIR)pursuant to the Requirements of the California Environmental Quality Act (CEQA)for proposed Zone 2 Landslide Moratorium Ordinance Revisions. The City of Rancho Palos Verdes will be the CEQA Lead Agency and will prepare an Environmental Impact Report (EIR)for the project identified below.We need to know the views of you or your agency as to the scope and content of the environmental information which is germane to you or your agency's statutory responsibilities in connection with the proposed project. Project Title:Zone 2 Landslide Moratorium Ordinance Revisions Location:The proposed ordinance revisions would apply to the approximately 112-acre "Zone 2 Landslide Moratorium Ordinance"area,located north of the intersection of Palos Verdes Drive South and Narcissa Drive in the Portuguese Bend area of the Palos Verdes Peninsula,within the City of Rancho Palos Verdes,County of Los Angeles,California.The Zone 2 area,located on the hills above the south-central coastline of the City,is within the City's larger (approximately 1,200- acre)Landslide Moratorium Area (LMA).Zone 2 consists of 111 individual lots.Of these,64 are developed with residences and accessory structures and 47 are undeveloped or underdeveloped.These latter 47 will be the focus of the EIR. Project Description: Landslide Moratorium Ordinance Revisions.Section 15.20.040 of the Rancho Palos Verdes Municipal Code establishes the process for requesting exceptions to the existing moratorium on "the filing,processing, approval or issuance of building,grading or other permits"within the existing landslide moratorium area.The proposed landslide moratorium ordinance revisions would augment the existing exceptions to allow for the future submittal of Landslide Moratorium Exception (LME)applications for 47 undeveloped or underdeveloped lots within Zone 2.It should be noted that the granting of an LME does not constitute approval of a specific project request,but simply grants the property owner the ability to submit the appropriate application(s)for consideration of a specific project request. Future Development Potential.The potential granting of up to 47 LME requests under the proposed ordinance revisions would permit individual property owners to then apply for individual entitlements to develop their lots.The undeveloped lots within Zone 2 are held in multiple private ownerships so the timing and scope of future development is not known.For the purposes of the EIR,it will be assumed that development would occur over a period of at least 10 years from adoption of the ordinance revisions in a manner consistent with the private architectural standards adopted by the Portuguese Bend Community Association and the City's underlying RS-1 and RS-2 zoning regulations.Therefore,the future development assumptions for Zone 2 include the following: 30940 Hawthorne Boulevard /Rancho Palos Verdes,CA 90275-5391/(310)544-5228/Fax (310)544-5293 Email:Planning@rpv.com /www.palosverdes.com/rpv 11-11 RANCHO PALOS VERDES •Forty-seven single-story,ranch-style residences with attached or detached three-car garages,with minimum living area of 1,500 square feet and maximum living area of 4,000 square feet or 15%of gross lot area,whichever is less; •Less than 1,000 cubic yards of grading (cut and fill combined)per lot,with no more than 50 cubic yards of imported fill per lot; •Maximum 25%(RS-1)or 40%(RS-2)net lot coverage; •Maximum building height of 16 feet for residences and 12 feet for detached accessory structures; •Minimum front setbacks of 20 feet,minimum rear setbacks of 15 feet,minimum street-side setbacks of 10 feet,and minimum interior side setbacks of five feet,with setbacks along private street rights-of-way measured from the easement line rather than the property line;and •No subdivision of existing lots within Zone 2. The detailed project description,location,and potential environmental effects are contained in an Initial Study that,if not attached to this notice,is on file with the Community Development Department at City Hall,30940 Hawthorne Boulevard,Rancho Palos Verdes,and is available for review between the hours of 7:30 a.m.and 5:30 p.m.,Monday through Thursday,and 7:30 a.m.and 4:30 p.m.,on Friday.Furthermore,the Notice of Preparation of an EIR /Initial Study is available for public review at the Planning Department at City Hall,the Miraleste Library,the Palos Verdes Main Library,and the City's website.To access the Initial Study on the City's Website or other information regarding the proposed project,log on to www.palosverdes.com/rpv and click on City Departments;then click on Community Development Department;then click on Planning and Zoning on the right side of the page.The link to the Zone 2 Landslide Moratorium Ordinance Revisions Project is under the "Information on Major Proposed Development Projects"links in the center of the page. You are receiving this notice since City records indicate that you are an interested person or agency,or own property within a 500-foot radius of the project area.If you wish to provide comments on the scope and content of the Initial Study,please submit your comments to: Kit Fox,AICP,Associate Planner City of Rancho Palos Verdes,Planning Division 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 Fax:(310)544-5293 Email:kitf@rpv.com Due to the time limits mandated by State law,written comments on the scope and content of the EIR must be sent no later than 30 days after receipt of this notice,or by February 2,2011.Responsible agencies are requested to indicate their statutory responsibilities in connection with this project when responding. In addition to written comments,in order to provide ample opportunity for public input,the City will hold a public scoping meeting at 7:00 p.m.on Tuesday,February 1,2010,at Hesse Park Community Building,29301 Hawthorne Blvd.,Rancho Palos Verdes,CA 90275. Please contact Mr.Kit Fox at 310-544-5228 or via e-mail at kitf@rpv.com for further information. Date:January 3,2011 Signatu rec-=,....,...,A--:-=-...,.......,I--J':-:------+-:--=-:---__ Name and Titl 30940 Hawthorne Boulevard /Rancho PaJos Verdes,CA 90275-5391 /(310)544-5228/Fax (310)544-5293 Email:Planning@rov.com/www.palosverdes.com/rpv 11-12 City of Rancho Palos Verdes Zone 2 Landslide Moratorium Ordinance Revisions Initial Study December 2010 11-13 Initial Study Zone 2 Landslide Moratorium Ordinance Revisions Prepared by: City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Contact: Kit Fox, AICP, Associate Planner (310) 544-5228 Prepared with the assistance of: Rincon Consultants, Inc. 180 North Ashwood Avenue Ventura, CA 93003 (805) 644-4455 December 2010 11-14 This report prepared on 50% recycled paper with 50% post-consumer content. 11-15 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes i TABLE OF CONTENTS Page Initial Study Project Title ................................................................................................................................ 1 Lead Agency .............................................................................................................................. 1 Contact Person ........................................................................................................................... 1 Project Location ......................................................................................................................... 1 Project Sponsor’s Name and Address .................................................................................... 1 General Plan Designations ....................................................................................................... 1 Zoning......................................................................................................................................... 1 Overlay Control Districts… ..................................................................................................... 1 Current Land Use ...................................................................................................................... 4 Surrounding Land Uses ........................................................................................................... 4 Description of Project ............................................................................................................... 4 Other Agencies Whose Approval is Required ...................................................................... 9 Environmental Factors Potentially Affected ......................................................................... 9 Determination ............................................................................................................................ 10 Environmental Checklist .......................................................................................................... 11 I. Aesthetics ................................................................................................................. 11 II. Agricultural and Forestry Resources ................................................................... 12 III. Air Quality ............................................................................................................... 13 IV. Biological Resources ............................................................................................... 14 V. Cultural Resources.................................................................................................. 16 VI. Geology and Soils ................................................................................................... 17 VII. Greenhouse Gas Emissions ................................................................................... 20 VIII. Hazards and Hazardous Materials ...................................................................... 21 IX. Hydrology and Water Quality .............................................................................. 23 X. Land Use and Planning .......................................................................................... 25 XI. Mineral Resources .................................................................................................. 29 XII. Noise ......................................................................................................................... 30 XIII. Population and Housing ........................................................................................ 31 XIV. Public Services ......................................................................................................... 32 XV. Recreation ................................................................................................................ 34 XVI. Transportation/Traffic ........................................................................................... 35 XVII. Utilities and Service Systems ................................................................................ 36 XVIII. Mandatory Findings of Significance .................................................................... 40 References .................................................................................................................................. 42 List of Tables Table 1 Current and Projected WBMWD Water Supply and Demand ........................ 38 11-16 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes ii Table 2 Solid Waste Disposal Facilities ............................................................................. 39 Table 3 Solid Waste Generated .......................................................................................... 40 List of Figures Figure 1 Regional Location..................................................................................................... 2 Figure 2 Site Location .............................................................................................................. 3 Figure 3 Existing Conditions.................................................................................................. 5 Figure 4 Existing Conditions.................................................................................................. 6 Figure 5 Existing Conditions.................................................................................................. 7 11-17 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 1 INITIAL STUDY Project Title: Zone 2 Landslide Moratorium Ordinance Revisions Lead Agency: City of Ranchos Palos Verdes Department of Planning, Building and Code Enforcement 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Contact Person: Kit Fox, AICP Associate Planner (310) 544-5228 kitf@rpv.com Project Location: The proposed ordinance revisions would apply to the approximately 112- acre “Zone 2 Landslide Moratorium Ordinance” area (also referred to in this Initial Study as the “project area”), located north of the intersection of Palos Verdes Drive South and Narcissa Drive in the Portuguese Bend area of the Palos Verdes Peninsula, within the City of Rancho Palos Verdes, County of Los Angeles, California. This area, located on the hills above the south-central coastline of the City, is within the City’s larger (approximately 1,200-acre) Landslide Moratorium Area (LMA). Zone 2 consists of 111 individual lots. Of these, 64 are developed with residences and accessory structures and 47 are either undeveloped or underdeveloped (i.e. structures may be present, but only accessory structures, not residences). These latter 47 are the focus of this Initial Study. Figure 1 shows the regional vicinity of the Zone 2 area within Los Angeles County. Figure 2 shows the site’s location in the City of Rancho Palos Verdes and also shows the 47 undeveloped lots within the Portuguese Bend community. Project Sponsor’s Name and Address: City of Ranchos Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 General Plan Designations: Residential, 1 Dwelling Unit/acre and Residential, 1-2 Dwelling Units/acre Zoning: RS-1 (Residential, minimum lot size of one acre) and RS-2 (Residential, minimum lot size of two acres) Overlay Control Districts: Natural and Socio/Cultural 11-18 00.50.25 Miles Map images copyright © 2010 ESRI and its licensors. All rights reserved. Used by permission. Additional data layer from Los Angeles County Assessor, August, 2010. Project Location Map Figure 1 City of Rancho Palos Verdes ±!! ! ! ! ! ! ! !! ! !! !! ^_ §¨¦210 §¨¦405 §¨¦605 §¨¦110 §¨¦10 §¨¦710 §¨¦105 §¨¦5 Irvine Pomona Orange El Monte Torrance PasadenaGlendale Fullerton Inglewood Los Angeles Garden Grove Huntington Beach East Los Angeles LOSANGELES CO OR ANGE CO SAN BERNARDINO CO P A C IFIC O C E A N ^_Project Location P A C IFIC OC E A N Zone 2 Landslide Moratorium Ordinance Revisions Initial Study 11-19 M M M M M M M M M M M M M M MM Swe e t b a y R d B u r m a R d C i n n a m o n L n P e p p e r t r e e D r Fi g t r e e Rd Narc i s s a D r G i n g e r R o o t L n F r u i t T r e e R d P l u m t r e e R d Thy m e P l W N a r c i s s a D r C i n n a m o n L n Narc i s s a D r 0580290 Feet Zone 2 Landslide Moratorium Ordinance Revisions Map images copyright © 2010 ESRI and its licensors. All rights reserved. Used by permission. Additional data layer from Los Angeles County Assessor, August, 2010. Project Area and Affected Parcels Initial Study Figure 2 City of Rancho Palos Verdes ± (Background Pref: l) U S M Legend Project Boundary Monks Plaintiff Lot Vacant or Underdeveloped, Potentially Developable under Proposed Ordinance Revisions 1 1 - 2 0 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 4 Current Land Use: Of the 111 lots in the 112-acre project area, the vast majority of the developed lots are improved with single-family residences, most dating from the 1950s, and related accessory structures and uses. The largest developed lot in Zone 2 is occupied by the Portuguese Bend Riding Club, a nonconforming commercial stable that was established prior to the City's incorporation in 1973. Private streets within Zone 2 are maintained by the Portuguese Bend Community Association. The majority of the undeveloped lots contain non-native vegetation and some have small, non- habitable structures (e.g., sheds, stables, fences, etc.) for equestrian or horticultural uses. The lots are generally between ¼-acre and one acre or more in size. Figures 3 through 5 show existing conditions in the project area. In 2002, a group of Portuguese Bend property owners filed applications to exclude their undeveloped lots within the area known as “Zone 2” from the LMA. Shortly after this application was deemed incomplete for processing, the applicants filed suit against the City. As part of the decision on the case (Monks v. City of Rancho Palos Verdes), the City has been ordered to remove regulatory impediments in its Municipal Code that prevent the development of the 16 Monks plaintiffs’ lots. The City began this process with an Ordinance to allow the Monks plaintiffs to apply for Landslide Moratorium Exceptions (LMEs) for their lots. As of December 2010, seven (7) Monks plaintiffs have obtained Planning entitlements to develop their lots, while the remaining Monks plaintiffs are at various stages in obtaining Planning entitlements for the balance of nine (9) lots. Surrounding Land Uses: The approximately 112-acre Zone 2 area is primarily surrounded by open space and semi-rural residential development. To the northeast of the project area are developed residential lots in the Portuguese Bend community as well as City-owned open space in the Portuguese Bend Reserve of the Palos Verdes Nature Preserve, both of which are within Zone 1 of the Landslide Moratorium Area. To the northwest and west of the project area are developed residential lots in the Portuguese Bend community and vacant, residentially-zoned land (Upper and Lower Filiorum), which are located in Zone 1 of the Landslide Moratorium Area. To the south, southeast and east of the project area are developed and undeveloped residential lots in the Portuguese Bend community. These lots are located in Zone 5 (the area affected by the 1978 Abalone Cove landslide), Zone 6 (the active Portuguese Bend landslide area) and Zone 3 (located between Altamira Canyon and the westerly edge of the Portuguese Bend landslide area). Individual lots that would gain development potential as a result of the proposed project are located throughout Zone 2 and are, therefore, surrounded by the uses described above as well as other lots, both developed and undeveloped, in Zone 2. Description of Project: Landslide Moratorium Ordinance Revisions. Section 15.20.040 of the Rancho Palos Verdes Municipal Code establishes the process for requesting exceptions from the City’s landslide moratorium regulations. The current (amended in 2009) Municipal Code Section 15.20.040(P) includes the following category of exception to the moratorium on “the filing, 11-21 Photo 1 - View of undeveloped lots in the eastern portion of the Zone 2 area, looking northeast from Sweetbay Road. Photo 2 - View of undeveloped lot in the northern-central portion of the Zone 2 area, looking northwest from Cinammon Lane/Narcissa Drive. Figure 3 City of Rancho Palos Verdes Existing Conditions in the Project Area Zone 2 Landslide Moratorium Ordinance Revisions Initial Study 11-22 Photo 1 - View of undeveloped lot in the northern-central portion of the Zone 2 area, looking west from Cinammon Lane. Photo 2 - View of undeveloped lot in the northern-central portion of the Zone 2 area, looking northwest from Cinammon Lane. Figure 4 City of Rancho Palos Verdes Existing Conditions in the Project Area Zone 2 Landslide Moratorium Ordinance Revisions Initial Study 11-23 Photo 1 - View of Undeveloped lot in the northwestern portion of the Zone 2 area, looking northeast from Plumtree Road/Narcissa Drive. Photo 2 - View of undeveloped lots in the southern-central portion of the Zone 2 area, looking north from Cinnamon Lane. Figure 5 City of Rancho Palos Verdes Existing Conditions in the Project Area Zone 2 Landslide Moratorium Ordinance Revisions Initial Study 11-24 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 8 processing, approval or issuance of building, grading or other permits” within the existing landslide moratorium area: The moratorium shall not be applicable to any of the following:… …P. The construction of residential buildings, accessory structures, and grading totaling less than one thousand cubic yards of combined cut and fill and including no more than fifty cubic yards of imported fill material on the sixteen undeveloped lots in Zone 2 of the “Landslide Moratorium Area” as outlined in green on the landslide moratorium map on file in the Director's office, identified as belonging to the plaintiffs in the case “Monks v. City of Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008)”; provided, that a landslide moratorium exception permit is approved by the Director, and provided that the project complies with the criteria set forth in Section 15.20.050 of this Chapter. Such projects shall qualify for a landslide moratorium exception permit only if all applicable requirements of this Code are satisfied, and the parcel is served by a sanitary sewer system. Prior to the issuance of a landslide moratorium exception permit, the applicant shall submit to the Director any geological or geotechnical studies reasonably required by the City to demonstrate to the satisfaction of the City geotechnical staff that the proposed project will not aggravate the existing situation. The proposed landslide moratorium ordinance revisions would revise the language of this section to encompass all 47 undeveloped lots in Zone 2, rather than restricting it to only the Monks plaintiffs’ lots. This would allow for the future submittal of LMEs for all of these undeveloped lots. It should be noted, however, that the granting of an LME does not constitute approval of a specific project request. Rather, it simply grants the property owner the ability to submit the appropriate application(s) for consideration of a specific project request. Future Development Potential. The potential granting of up to 47 LME requests under the proposed ordinance revisions would permit individual property owners to then apply for individual entitlements to develop their lots. The undeveloped lots within Zone 2 are held in multiple private ownerships so the timing and scope of future development is not known. For the purposes of this EIR, it is assumed that development would occur over a period of at least 10 years from adoption of the ordinance revisions in a manner consistent with the private architectural standards adopted by the Portuguese Bend Community Association and the City’s underlying RS-1 and RS-2 zoning regulations. Therefore, the future development assumptions for Zone 2 include the following: Forty-seven single-story, ranch-style residences with attached or detached three-car garages, with minimum living area of 1,500 square feet and maximum living area of 4,000 square feet or 15% of gross lot area, whichever is less; Less than 1,000 cubic yards of grading (cut and fill combined) per lot, with no more than 50 cubic yards of imported fill per lot; Maximum 25% (RS-1) or 40% (RS-2) net lot coverage; Maximum building height of 16 feet for residences and 12 feet for detached accessory structures; 11-25 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 9 Minimum front setbacks of 20 feet, minimum rear setbacks of 15 feet, minimum street- side setbacks of 10 feet, and minimum interior side setbacks of five feet, with setbacks along private street rights-of-way measured from the easement line rather than the property line; and No subdivision of existing lots within Zone 2. As noted above, the City has been ordered to remove regulatory impediments in its Municipal Code that prevent the development of the 16 Monks plaintiffs’ lots. This was accomplished by the 2009 addition to the moratorium exceptions, cited above. As of December 2010, seven (7) Monks plaintiffs have obtained Planning entitlements to develop their lots, while the remaining Monks plaintiffs are at various stages in obtaining Planning entitlements for the balance of nine (9) lots. However, to provide a conservative analysis, this document considers the potential environmental impacts of buildout of all 47 undeveloped and underdeveloped lots (16 Monks lots plus 31 additional lots) under the parameters listed above. Other Agencies Whose Approval is Required: None. Depending on the location of proposed improvements on properties adjacent to Altamira Canyon within the project area, California department of Fish and Game approval may be required for specific development that could be facilitated by adoption of the proposed ordinance revisions. Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is “Potentially Significant” or “Potentially Significant Unless Mitigation Incorporated” as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance 11-26 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study DETERMINATION: On the basis of this initial evaluation: D I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. D 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. IZJ I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. D 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 it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, because all potential 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 upon the proposed project nothing further is required. KitFO~ Associate Planner City of Rancho Palos Verdes Date 10 City of Rancho Palos Verdes 11-27 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 11 Environmental Checklist Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact I. AESTHETICS – Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a-b. The project area encompasses approximately 112 acres of highly variable topography, with relatively flat areas as well as moderately to steeply sloping land that is bordered by residential land uses and open space. Of the 111 lots on the 112 acre project area, the vast majority of the developed lots are improved with single-family residences, most dating from the 1950s, and related accessory structures and uses. The largest developed lot in Zone 2 is occupied by the Portuguese Bend Riding Club, a nonconforming commercial stable that was established prior to the City's incorporation in 1973. Private streets within Zone 2 are maintained by the Portuguese Bend Community Association. The majority of the undeveloped lots contain non-native vegetation, and some have small, non-habitable structures (e.g., sheds, stables, fences, etc.) for equestrian or horticultural uses. The proposed project would involve revisions to the Landslide Moratorium Ordinance that would allow for the processing of applications for 47 residences on undeveloped or underdeveloped lots throughout Zone 2. Adding up to 47 residences to the project area could potentially have an adverse effect on scenic views from public and private viewpoints, and could involve removal of trees or other scenic resources. Impacts are potentially significant and these issues will be studied further in an EIR. c. The proposed project involves revisions to the Landslide Moratorium Ordinance that would allow for the processing of applications for 47 residences in Zone 2. Adding 47 residences to the project area would increase the development intensity in Zone 2 and would incrementally alter the existing visual character of the site. Impacts are potentially significant and this issue will be studied further in an EIR. d. The project could result in the construction of up to 47 new residences in an existing residential area, which would increase night lighting in the area. This potential development 11-28 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 12 could also increase glare on the sites. Increased lighting and glare would have the potential to result in adverse aesthetic impacts that would be potentially significant, and will be further analyzed in the EIR. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES -- Would the project: a) Convert Prime Farmland, Unique Farmland, Farm land of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? a-c. The project area is located within a residential zone (RS-1 and RS-2) and, therefore, is not zoned for agricultural uses, nor is the site subject to a Williamson Act contract (California Department of Conservation-Los Angeles County Williamson Act Map, 2006). Moreover, the project area is not located in an area designated as Prime or Unique Farmland, or within Farmland of Statewide Importance (California Department of Conservation FMMP, 2008). The project site is not located adjacent to agricultural operations, and currently contains no significant agricultural operations. As such, no impact would occur with respect to Prime or Unique farmland, or Farmland of Statewide Importance, or conflicts with a Williamson Act contract or existing zoning for agricultural use. This impact would be less than significant and further discussion in an EIR is not warranted. d. The project area is located in a residential neighborhood that is designated for residential uses by the General Plan and the Municipal Code. The project would not involve conversion of 11-29 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 13 forest land to non-forest uses. No impacts would occur and further discussion in an EIR is not warranted. e. The proposed project would not involve other changes that could result in conversion of Farmland to non-agricultural uses. No impact would occur and further discussion in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact III. AIR QUALITY -- Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a-d. The project area is located within the South Coast Air Basin (Basin). The additional development that would be facilitated in the Portuguese Bend area would incrementally increase the population of Rancho Palos Verdes, with a corresponding increase in air pollutant emissions. Increased emissions would occur on temporary basis due to construction activity and in the long-term due to increased motor vehicular activity and energy use. The increased air pollutant emissions could expose new and existing residents in the area to unhealthy air quality. Emissions and localized air pollutant concentrations could also potentially exceed locally adopted thresholds of significance. Therefore, air quality impacts would be potentially significant and these issues will be studied further in an EIR. e. The proposed revisions to the Landslide Moratorium Ordinance would allow for potential development of up to 47 new residential units. However, the proposed project would not generate objectionable odors that would affect a substantial number of people. Residential uses are not included on Figure 5-5 Land Uses Associated with Odor Complaints of the 1993 SCAQMD CEQA Air Quality Handbook. Therefore, it is unlikely that the proposed project would 11-30 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 14 generate objectionable odors affecting a substantial number of people. No impact would occur and further analysis is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and W ildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a, b, d. The project area consists of 111 lots on 112 acres. The majority of the project area has been highly modified by road construction, ornamental landscaping and structural development. The majority of the approximately 47 undeveloped lots contain non-native 11-31 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 15 vegetation, and some have small, non-habitable structures (i.e., sheds, stables, fences, etc.) for horse-keeping or horticultural uses. Altamira Canyon contains natural vegetation and lots that are adjacent to this drainage are subject to the development standards and performance criteria established in the City’s Urban Appearance Overlay Control District; nonetheless, development on these lots may have a significant effect on sensitive biological resources. Some lots in the northern end of the project area, such as those north of Cinnamon Lane, contain native vegetation and abut the City’s Natural Communities Conservation Plan (NCCP) Preserve, which contains sensitive plants and animals, most notably the federally listed California gnatcatcher and the habitat of the endangered Palos Verde blue butterfly. While most of the developed portions of the project area have been excluded from designated critical habitat for the California gnatcatcher, portions of the project area are potentially within this designation and patches of suitable habitat are present. In addition, although the Palos Verde blue butterfly is potentially extirpated from this specific location, patches of suitable habitat may be present on individual lots. As such, development of up to 47 residential units in the project area has the potential to impact special- status species, species of local importance, and migration corridors present on or adjacent to the project area. Impacts related to these issues are potentially significant and will be further discussed in an EIR. c. The proposed revisions to the Landslide Moratorium would facilitate the potential for development of residences on approximately 47 lots; construction activity associated with this development has the potential to cause increased erosion with subsequent downstream sedimentary effects on the Abalone Cove Ecological Reserve. Therefore, the proposed project could result in a potentially significant impact to coastal resources and this potential impact will be further analyzed in an EIR. e. The City has not adopted a tree preservation ordinance. The City has established the Natural Overlay Control District (OC-1) to “Maintain and enhance land and water areas necessary for the survival of valuable land and marine-based wildlife and vegetation” and “Enhance watershed management, control storm drainage and erosion, and control the water quality of both urban runoff and natural water bodies within the City” (Rancho Palos Verdes Municipal Code Section 17.40.040). According to the City’s General Plan Natural Environment Element, portions of the project area are located within Resource Management (RM) District 9 – Natural Vegetation and RM District 4 – Active Landslide. The project’s consistency with these policies will be further analyzed in an EIR. f. The Rancho Palos Verdes City Council conceptually approved the Citywide Natural Communities Conservation Planning (NCCP) Subarea Plan in 2004. That plan identifies Biological Resource Areas and establishes the Palos Verdes Nature Preserve primarily for habitat preservation purposes. The Rancho Palos Verdes NCCP provides for conservation and protection of the Palos Verdes blue butterfly and other special-status species through conservation of potential habitat, while permitting limited impacts from development to potential habitat for the covered species, including Coastal Sage Scrub habitat. Several of the undeveloped lots in the project area abut the City-owned Portuguese Bend Reserve or the privately-owned Plumtree property, both of which contain more substantial and cohesive patches of coastal sage scrub habitat. The Portuguese Bend Preserve is currently a part of the 11-32 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 16 City's larger Palos Verdes Nature Reserve, and the City has recently completed the acquisition of a portion of the Upper Filiorum property for inclusion in the Reserve. As such, construction of residential units within the project area could potentially impact sensitive coastal sage scrub habitat, either through the direct removal of habitat during construction or as a result of Fire Department-mandated fuel modification on- and/or off-site in the Palos Verdes Nature Reserve. Impacts related to conflicts with the NCCP Subarea Plan will be further analyzed in an EIR. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a. Historic designation may be given to a property by National, State, or local authorities. In order for a building to qualify for listing in the National Register of Historic Places, the California Register of Historical Resources, or as a locally significant property in the City of Rancho Palos Verdes, it must meet one or more identified criteria of significance. The property must also retain sufficient architectural integrity to continue to evoke the sense of place and time with which it is historically associated. The proposed revisions to the Landslide Moratorium Ordinance would facilitate potential development of up to 47 new residential units on lots that are currently undeveloped or underdeveloped. Based on the type of structures that may be demolished for construction of residences on the 47 lots, mostly small sheds or equestrian accessory buildings, impacts to historical resources are not expected. No impact would occur and further discussion in an EIR is not warranted. b-c. According to the City's General Plan (1975), portions of the project area located north and east of Narcissa Drive in upper Portuguese Bend are located within a possible area of archaeological resources. Although the likelihood of finding intact significant cultural resources is low due to historic grading and development on many properties, construction activity for the residential units that could be allowed under the proposed revisions to the Landslide 11-33 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 17 Moratorium Ordinance would involve earthwork such as grading and trenching which has the potential to unearth yet to be discovered archaeological and paleontological resources. The potential to damage previously unknown archeological and/or paleontological resources during construction and grading activities would be a potentially significant impact and will be further discussed in the EIR. The EIR analysis will include a records search performed by Historical Environmental Archaeological Research Team (H.E.A.R.T.) as well an analysis to determine the likelihood of finding intact paleontological resources within the project area. d. The likelihood of finding intact significant cultural resources, including any human remains, is low. No known burial sites have been identified within the project area or in the vicinity. In addition, Health and Safety Code § 7050.5, Public Resources Code § 5097.98 and § 15064.5 of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the County coroner or medical examiner can determine whether the remains are those of a Native American. Note that § 7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. Nevertheless, the potential to disturb human remains during construction and grading activities would be a potentially significant impact and will be further discussed in the EIR. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact VI. GEOLOGY and 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 Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable as a result of the project, and potentially result in on- or off-site 11-34 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 18 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact VI. GEOLOGY and SOILS – Would the project: landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 1-B of the Uniform Building Code, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a(i). There are no Alquist-Priolo Earthquake Fault Zones within the City (Ranch Palos Verdes General Plan, 1975). The project area is located approximately five miles southeast of the Palos Verdes Fault, and approximately 1.5 miles southwest of the inactive Cabrillo Fault (Southern California Earthquake Data Center, November 2010). As the nearest active fault is located approximately six miles from the project area, the potential for surface rupture at the project area is considered low. The potential impact from fault rupture within the project area would be less than significant and further discussion in an EIR is not warranted. a(ii). Although the nearest active fault is located approximately five miles from the project area, as with any site in the southern California region, the project area is susceptible to strong seismic ground shaking in the event of a major earthquake. Future onsite structures would need to be constructed to withstand potential peak accelerations as defined by the California Building Code (CBC). In addition, the design of individual structures would be subject to review by the City’s Building and Safety division, including review by the City Geologist and City Engineer. Nevertheless, ground shaking may result in potentially significant impacts to proposed habitable structures and this issue will be further examined in the EIR. a(iii). Liquefaction describes the phenomenon in which groundshaking works cohesionless soil particles into a tighter packing which induces excess pore pressure. These soils may acquire a high degree of mobility and lead to structurally damaging deformations. Liquefaction begins below the water table, but after liquefaction has developed, the groundwater table will rise and cause the overlying soil to mobilize. Liquefaction typically occurs in areas where the groundwater is less than 30 feet from the surface and where the soils are composed of poorly consolidated fine to medium sand. According to the Department of Conservation Seismic Hazard Zones Map, Zone 2 is located within an area that has low to no potential for liquefaction (DOC, 1999). In addition, the Rancho 11-35 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 19 Palos Verdes General Plan Safety Element shows that Zone 2 is located in an area that has low to no potential for liquefaction (City of Rancho Palos Verdes, 1975). Therefore impacts related to liquefaction would be less than significant and further discussion in an EIR is not warranted. a(iv). The geologic character of an area determines its potential for landslides. Steep slopes, the extent of erosion, and the rock composition of a hillside all contribute to the potential for slope failure and landslide events. In order to fail, unstable slopes need to be disturbed; common triggering mechanisms of slope failure include undercutting slopes by erosion or grading, saturation of marginally stable slopes by rainfall or irrigation; and, shaking of marginally stable slopes during earthquakes. The project area is located within an area that is subject to the City of Rancho Palos Verdes Landslide Moratorium Ordinance. The Rancho Palos Verdes General Plan Safety Element shows that Zone 2 is located in an area that has potential for active landslides (Figure 14, City of Rancho Palos Verdes, 1975). In addition, according to the Department of Conservation Seismic Hazard Zones Map, portions of the project area are located within an area that has potential for seismically induced landslides (DOC, 1999). The proposed project involves revisions to the Landslide Moratorium Area that would facilitate potential development of up to 47 undeveloped lots to be developed with residential units. The impact related to seismically induced landslides is potentially significant and will be further analyzed in the EIR. b. The proposed project involves revisions to the City’s Landslide Moratorium Ordinance that would facilitate potential development of up to 47 residential units on the undeveloped lots in the project area. Site preparation would involve grading and drainage improvement that could alter the existing drainage pattern of the area, which has the potential to increase the amount of surface runoff and may have the potential to cause substantial erosion or the loss of topsoil on the undeveloped lots. This impact would be potentially significant and will be further analyzed in the EIR. c. According to the California Department of Conservation Seismic Hazard Zones Map, Zone 2 is not located in an area that is subject to settlement due to seismic shaking, liquefaction, or lateral spreading (DOC, 1999). However, Zone 2 is located in an area that has the potential for earthquake-induced landslides as a result of the steep topography (DOC, 1999). The proposed project involves revisions to the City’s Landslide Moratorium Ordinance that would facilitate potential development of up to 47 residential units on the undeveloped lots in the project area. Since there is the potential for landslide hazards in the project area, impacts are potentially significant and will be further analyzed in the EIR. d. The soils of the Palos Verdes Peninsula are known to be expansive and occasionally unstable (City of Rancho Palos Verdes, 1975). Because soils on the approximately 64 developed lots have been previously disturbed and compacted to accommodate existing development, the potential for expansive soils is considered low in these areas. However, the 47 undeveloped lots to accommodate up to 47 residential units may contain soils that have the potential for expansion. Impacts are potentially significant and will be further analyzed within the EIR. 11-36 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 20 e. The City has constructed a sanitary sewer system that serves the Portuguese Bend community. This system was designed to reduce the amount of groundwater within the Landslide Moratorium Area by eliminating the use of private septic systems, thereby attempting to slow goal or stop land movement. New residences that may be constructed in the project area would be required to connect to either the existing sanitary sewer system or to a City approved holding tank system if the sanitary sewer system is not available at the time of building permit issuance. In such cases, when the sanitary sewer system becomes available, the holding tank system shall be removed and a connection would be made to the sanitary sewer system. With these requirements, any impacts related to septic systems would be less than significant. No further analysis of this issue in an EIR is warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact VII. GREENHOUSE GAS EMISSIONS - Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? a-b) The accumulation of greenhouse gases (GHG) in the atmosphere regulates the earth’s temperature. However, it is believed that emissions from human activities, particularly the consumption of fossil fuels for electricity production and transportation, have elevated the concentration of these gases in the atmosphere beyond the level of naturally occurring concentrations. In response to an increase in man-made GHG concentrations over the past 150 years, California has implemented AB 32, the “California Global Warming Solutions Act of 2006.” AB 32 requires achievement by 2020 of a statewide GHG emissions limit equivalent to 1990 emissions (essentially a 25% reduction below 2005 emission levels) and the adoption of rules and regulations to achieve the maximum technologically feasible and cost-effective GHG emissions reductions. The proposed project involves revisions to the City’s Landslide Moratorium Ordinance that would facilitate potential development of up to 47 residential units on the undeveloped lots in the project area. The proposed project would increase the intensity of development in the project area compared to existing conditions and as described above, the proposed project would also increase the amount of vehicle trips associated with residents in the project area. As such, the project could potentially contribute to cumulative impacts relating to global climate change. The proposed project’s potential contribution to cumulative impacts related to global climate change will be further discussed in an EIR. 11-37 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 21 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact VIII. HAZARDS and HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code 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, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency 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 wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a. The proposed project involves revisions to the City’s Landslide Moratorium Ordinance that would facilitate potential development of up to 47 residential units on the undeveloped lots in the project area. By their nature, the proposed use residential uses would not involve the 11-38 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 22 transport, use, or disposal of substantial quantities of hazardous materials and would not introduce any unusual hazardous materials to the area. Therefore, impacts would be less than significant and further analysis of this issue in an EIR is not warranted. b - d. The following databases (pursuant to Government Code Section 65962.5) were checked (November 8, 2010) for known hazardous materials contamination within the project area: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database; Geotracker search for leaking underground fuel tanks; Investigations- Cleanups (SLIC) and Landfill sites, Cortese list of Hazardous Waste and Substances Sites; and The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields (Envirostor) Database. The project area does not appear on the CERCLIS, Geotracker, DTSC’s Envirostor Database or the Cortese list. Therefore, no known soil or groundwater contamination is currently present. The nearest school in the vicinity of the project area is the Portuguese Bend Nursery School at Abalone Cove Shoreline Park, approximately one-third of a mile from the project area. However, the project would not emit hazardous emissions or involve handling of hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school. Development of the 47 lots over time may increase water runoff and increase the potential for water quality impacts which could affect resources downstream including the Pacific Ocean, which is located ¼ mile from the Portuguese Bend Nursery School. The proposed project would increase the number of onsite visitors and vehicular activity over current conditions. Proposed impermeable surfaces such as driveways would accumulate deposits of oil, grease, and other vehicle fluids and hydrocarbons. In addition, proposed new landscaping, such as lawn areas, could introduce chemical inputs such as pesticides and herbicides. During storms, these deposits would be washed into and through the drainage systems and to the Pacific Ocean within ¼ mile of the Portuguese Bend Nursery School. Urban runoff can have a variety of deleterious effects. Oil and grease contain a number of hydrocarbon compounds, some of which are toxic to aquatic organisms at low concentrations. Heavy metals such as lead, cadmium, and copper are the most common metals found in urban storm water runoff. These metals can be toxic to aquatic organisms, and have the potential to contaminate drinking water supplies. Nutrients from fertilizers, including nitrogen and phosphorous, can result in excessive or accelerated growth of vegetation or algae, resulting in oxygen depletion and additional impaired uses of water. Therefore, the increased impervious surface area, vehicular activity and use of fertilizers onsite could incrementally increase the amount of pollutants in onsite runoff, which could adversely affect the water quality of receiving waters including the Pacific Ocean. However, due to the dispersed locations of the subject lots and the opportunity for infiltration of runoff from the initial flows as part of a rain event, the incremental increase in impervious surfaces would not be expected to result in significant concentrations of hazardous substances, near the nursery school or elsewhere. 11-39 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 23 Because the project would not be located in an area with known soil or groundwater contamination and would not emit hazardous emissions or involve handling of hazardous materials, the proposed project’s impact related to release of hazardous materials would be less than significant and further discussion in an EIR is not warranted. e, f. The project area is located approximately 14 miles from both the Los Angeles International Airport and the Long Beach Airport, and more than 2 miles from Torrance Municipal Airport, and is not included within an airport land use plan. Therefore, significant airport safety hazards are not anticipated. No impact would occur and further discussion in an EIR is not warranted. g. The proposed project involves revisions to the City’s Landslide Moratorium Ordinance that would facilitate potential development of up to 47 residential units on the undeveloped lots in the project area. Future development would be on existing lots, and would be served by existing road networks. Evacuation routes from the project area to Palos Verdes Drive South would include Cinnamon Lane and Fruitree Road to Narcissa Drive and Sweetbay Road to Peppertree Drive. The project would not interfere with any emergency response plan or evacuation route. No impact would occur and further discussion in an EIR is not warranted. As discussed below under Section XVI Transportation/Traffic, however, the capacity of these roads to handle additional project-generated traffic will be studied in the EIR h. According to the Los Angeles County Fire Department, the City of Rancho Palos Verdes, including the project area, is identified as a High Fire Hazard Area. The proposed project involves revisions to the City’s Landslide Moratorium Ordinance that would allow up to 47 residential units on the undeveloped lots in the project area. Development of the proposed residential units may expose people or structures to risk involving wildland fires. Risk due to wildland fires is considered potentially significant and will be further discussed in an EIR. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact IX. HYDROLOGY and WATER QUALITY – Would the project: a) Violate any water quality standards or waste 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 or the local groundwater table level (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)? 11-40 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 24 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact IX. HYDROLOGY and WATER QUALITY – Would the project: c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? a - f. Of the 111 lots in the Zone 2 area, 64 are developed with residences and accessory structures and 47 lots are undeveloped or underdeveloped. The majority of the undeveloped lots contain non-native vegetation, and some have small, non-habitable structures (e.g., sheds, stables, fences, etc.) for equestrian or horticultural uses. The proposed project would involve revisions to the Landslide Moratorium Ordinance that would facilitate potential development of up to 47 residences on the approximately 112-acre project area. 11-41 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 25 The proposed project would intensify the overall development in Zone 2, and would increase impermeable surface area on the subject lots, potentially introducing new residences and driveways. This may incrementally reduce groundwater recharge. Additionally, the proposed project would allow for grading and drainage improvements that may alter the existing drainage pattern of individual lots, which has the potential to increase the amount of surface runoff within Zone 2. Construction activities such as grading may generate additional pollutants that could adversely affect the quality of surface runoff. Additionally operational impacts typically associated with residential uses, such as pollutants from vehicles and landscaping, may generate additional pollutants that could adversely affect the quality of surface runoff. Therefore, buildout of the project area has the potential to adversely affect groundwater supplies, and the amount and quality of surface runoff. Impacts are potentially significant and this issue will be further analyzed in an EIR. g, h. The Federal Emergency Management Agency (FEMA) has defined the 100-year flood hazard areas through the publication of Flood Insurance Rate Maps (FIRM). The FIRM for Zone 2 and the surrounding area (Map ID 06037C2026F) indicates that the site and surrounding area are contained within Zone X and Zone D. Zone X designates an area with a minimal risk of flooding (not within the 100-year flood zone) and Zone D designates an area with areas in which flood hazards are undetermined, but possible. The proposed project involves potential construction of 47 single family housing units. Because flood hazards are undetermined, but possible in portions of Zone 2, impacts are potentially significant and will be analyzed in an EIR. i. No dams or levees are located in the vicinity of the project area. In addition, the project area does not lay within any known dam inundation zones (City of Rancho Palos Verdes General Plan Safety Element, 1975). Thus, the potential for flooding due to dam failure is low. No impact would occur and further discussion in an EIR is not warranted. j. The Safety Element of the City of Rancho Palos Verdes General Plan states that south-facing coastal strips should observe special caution during a tsunami alert (General Plan Safety Element, 1975). However, the project area sits inland of steep coastal bluffs above the Pacific Ocean at an average elevation of approximately 350 feet above sea level. In addition, according to the Department of Conservation Tsunami Inundation Map for the Redondo Beach (South) Quadrangle, the project area is located outside a tsunami inundation area (DOC, March 2009). Therefore, risks from inundation from a tsunami wave or seiche would be less than significant and further discussion in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact X. LAND USE AND PLANNING - Would the proposal: a) Physically divide an established community? b) Conflict with any applicable land use plan, 11-42 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 26 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact X. LAND USE AND PLANNING - Would the proposal: policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with an applicable habitat conservation plan or natural community conservation plan? a. The project would facilitate potential development of 47 existing residential lots within a residential subdivision. No new roads are proposed, and no changes in land uses patterns would result. The project would not physically divide an established community. No impacts would occur and further analysis in an EIR is not warranted. b. The project area has City of Rancho Palos Verdes General Plan designations of Residential, <1 Dwelling Unit/acre and Residential, 1-2 Dwelling Unit/acre. As specified in the General Plan, areas within the Residential 1 dwelling unit per acre designation “possess one or both of the following conditions: natural areas delineated in the Natural Environment element as possessing significant habitats (this density is also compatible with the surrounding areas and reflects the general treatment that has been used in the past under similar conditions); areas where governmental bodies (Coastal Commission) and community organizations will possibly have input into the intensity and type of land use to take place, but at this time it is undetermined as to exact definition of this control. A Specific Plan District (see Specific Plan District section) is denoted on the latter areas in order to indicate that further input from other agencies may affect their final use, and that the City must prepare more detailed analysis and plans. The 1-2 Dwelling Units per Acre Land Use Designation includes “Areas containing low or moderate physical constraints with little or no natural significance were denoted within this general density range. This is the density that the original Palos Verdes Project called for and represents a density which is most compatible with the Peninsula's environment.” The following selected policies of the Residential 1 Dwelling Unit per Acre and Residential 1-2 Dwelling Units per Acre Land Use designations from the Urban Environment Element of the City of Rancho Palos Verdes General Plan (1975) would apply to any new construction that would be facilitated by adoption of the proposed Landslide Moratorium Ordinance revisions, as well as the revisions themselves: 1 - Retain the present predominance of single-family residences found throughout the community, while continuing to maintain the existing variety of housing types. 11-43 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 27 2 - Require all new housing developed to include suitable and adequate landscaping, open space, and other design amenities to meet the community standards of environmental quality. 3 - Encourage and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design. 10 - Require all developments which propose open space to be held in private ownership to provide legal guarantees to protect these areas from further development. 11 - Control the alteration of natural terrain. 12 - Encourage energy conservation in housing design. 13 - Require proposals for development of areas which impact corridor related views to analyze the site conditions and address the preservation of such views. 14 - Prohibit encroachment on existing scenic views reasonably expected by neighboring residents. 15 - Enforce height controls to further lessen the possibility for view obstructions. 16 - Require proposed housing to show how it ensures the existence of neighboring site privacy, while simultaneously providing privacy to the occupants of the proposed units. 17 - Make an effort through zoning, cooperation with other governmental entities, and acquisition to preserve the rural and open character of the City. 18 - Allow no further development involving any human occupancy within the active landslide area. The proposed project would not involve changes to the existing residential land use and zoning designations. The potential residences facilitated by the proposed ordinance revisions would maintain the existing rural and open character of the area by being limited to the existing lot configurations and allowed densities, i.e. one to two units per acre. The proposed residential uses would be compatible with existing residential land uses and development in Zone 2. All residential development would be required to comply with the same existing General Plan policies as development on the other lots in Zone 2. As listed in the Rancho Palos Verdes Municipal Code (Section 17.02), the following uses may be constructed or conducted in residential districts: A. Single-family residential buildings, mobile homes on city approved foundations, as provided in California Government Code Sections 65852.3 and 65852.4 and associated accessory structures for the residential use and occupancy of not more than one family and not more than one dwelling unit per lot, with the exception of second units approved pursuant to Chapter 17.10 (Second Unit Development Standards); B. Home occupations pursuant to Chapter 17.08 (Home Occupations); C. Private outdoor recreational uses, such as tennis courts, swimming pools and basketball courts, which are incidental to the residential use of the property; D. Residential planned development (RPD), pursuant to Chapter 17.42 (Residential Planned Development); E. The keeping of animals customarily referred to as household pets and small domestic animals for noncommercial purposes; 11-44 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 28 F. The keeping of large domestic animals, pursuant to Chapter 17.46 (Equestrian Overlay (Q) District); G. The keeping of a maximum of five bee hives for noncommercial purposes, except for the RS-A- 5 residential zoning district, where a maximum of ten bee hives may be kept upon approval by the director of a site plan review application, which shall be appealable to the planning commission pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures); H. The growing of crops and/or fruits on one acre or less for noncommercial purposes; I. Small family day care; J. Temporary special uses and developments, if a special use permit is first obtained, pursuant to Chapter 17.62 (Special Use Permits); K. Commercial filming or photography, if a city film permit is first obtained, pursuant to Chapter 9.16 (Still Photography, Motion Picture and Television Productions) of this code; L. Any other use which specifically is required to be permitted in a single family residential district by state or federal law; and M. Other uses as provided in any applicable overlay or special district. The following uses are allowed in the residential districts with approval of a Conditional Use Permit: A. The growing of crops and/or fruits on more than one acre or for commercial purposes; B. Flower and produce stands, wholesale plant nurseries, horse stables and similar commercial/agricultural uses; C. Bed and breakfast inns; D. Residential care facilities involving seven or more patients; E. Large family day care, pursuant to Section 17.76.070 (Miscellaneous Permits and Standards); F. Commercial antennas, pursuant to Section 17.76.020 (Miscellaneous Permits and Standards); G. Golf courses, driving ranges and related ancillary uses; H. Government facilities; I. Private educational uses, not including nursery schools and day nurseries; J. Public utility structures; K. Outdoor active recreational uses and facilities; and L. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program. The project would involve revisions to the landslide Moratorium Ordinance that would facilitate potential development of 47 new residences in Zone 2. As noted above, this use is permitted under the City’s Municipal Code, but for the current moratorium. Any new development would be required to adhere to all existing Municipal Code standards. Any development potentially facilitated by adoption of the proposed ordinance revisions would be also be required to adhere to the provisions of two overlay control districts as set forth 11-45 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 29 in the Rancho Palos Verdes Municipal Code. Municipal Code Chapter 17.40 introduces these districts as providing “criteria which further reduce potential impacts which could be directly created or indirectly induced by proposed and existing developments in sensitive areas of the city.” The overlay districts that are applicable to the project area include the following: Natural Overlay Control District (OC-1). The purposes of the Natural Overlay Control District are to “Maintain and enhance land and water areas necessary for the survival of valuable land and marine-based wildlife and vegetation,” and “Enhance watershed management, control storm drainage and erosion, and control the water quality of both urban runoff and natural water bodies within the city.” Socio-Cultural Overlay Control District (OC-2). The purposes of the OC-2 District are to “Preserve, protect and maintain land and water areas, structures and other improvements which have significant historical, archaeological or cultural importance,” and to “Provide for the designation, protection and maintenance of land and water areas and improvements which may be of unique scientific or educational value.” It should also be noted that any proposed residences on the lots that would become potentially developable under the ordinance revisions would also have to adhere to the specific regulations proposed under the revisions themselves to address safety and other concerns. These include requirements that a landslide moratorium exception permit be approved by the City; that the parcel is served by a sanitary sewer system; and that the applicant shall submit geological or geotechnical studies to demonstrate safety in relation to landslide hazards, among other standards. Impacts would be less than significant and further discussion in an EIR is not warranted. c. In 2004 the Rancho Palos Verdes City Council conceptually approved the Citywide Natural Communities Conservation Planning (NCCP) Subarea Plan, which identifies Biological Resource Areas and establishes habitat preserves. The Rancho Palos Verdes NCCP provides for conservation and protection of the Palos Verdes blue butterfly and other special-status species, while permitting impacts from development to potential habitat for the covered species, including Coastal Sage Scrub habitat. Portions of the project area are within Coastal Sage Scrub habitat, Exotic Woodland, Disturbed, and Grassland areas. Consistency with the NCCP will be discussed in the biological resources section of an EIR. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 11-46 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 30 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XI. MINERAL RESOURCES -- Would the project: b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b. According to the Natural Environment section of the Ranchos Palos Verdes General Plan (1975), from 1948 to 1958 specific areas in Rancho Palos Verdes were quarried for basalt, diatomaceous earth, and Palos Verdes stone. The General Plan states that there are no mineral resources present within the community that would be economically feasible for extraction (Rancho Palos Verdes General Plan, 1975). Potential buildout of 47 residences on lots within an existing residential subdivision would not result in the loss of the availability of a known mineral resource that would be of value locally, regionally, or to the State (California Geological Survey/U.S. Geological Survey, 2003). There would be no impact and further discussion in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 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 noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the 11-47 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 31 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XII. NOISE – Would the project result in: 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 people residing or working in the project area to excessive noise? a-d. The project area currently contains residential uses and vacant land. Current noise sources in Zone 2 include traffic on the streets within the area and noise from residential and equestrian uses. The proposed project would include the potential for 47 homes to be constructed. Construction of these residences could temporarily increase noise levels for nearby residents. Operation of the project would increase ambient noise due to an increase in traffic and residential activities. Therefore, noise impacts during construction and operation of the project are potentially significant and will be analyzed further in an EIR. e, f. The project area is not included within an airport land use plan, and is approximately 14 miles from the Los Angeles and Long Beach airports, and more than 2 miles from Torrance Municipal Airport. The project is also not within the vicinity of a private airstrip. Thus, no impact related to aircraft noise would occur and further discussion in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XIII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 11-48 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 32 a. The proposed project involves revisions to the landslide moratorium ordinance, which would facilitate potential development of up to 47 new residences within Zone 2. The anticipated population increase due to the project would be 130 new residents, based upon the 2010 California Department of Finance’s Population and Housing estimates (2.751 persons per household in Rancho Palos Verdes x 47 housing units). Currently, the estimated population of the City is 42,893 (Department of Finance, January 2010). Therefore, with implementation of the proposed project, the population in the City would total 43,023. The population projections for Rancho Palos Verdes anticipate a population of 43,246 in 2015 and 43,251 in 2020 (Southern California Association of Governments, Integrated Growth Forecast, 2008). Therefore, the increase in residents would not exceed planned growth forecasts in the City. Impacts are less than significant and further analysis of this issue is not warranted. b,c. The proposed project would involve revisions to the landslide moratorium ordinance that could permit up to 47 new residences within Zone 2. Existing residences in Zone 2 would remain and the project would not displace existing housing or people. No impacts would occur and further analysis of these issues is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? a (i.). The City of Rancho Palos Verdes is served by the Los Angeles County Fire Department (LACFD). There are six County fire stations serving the City, including three stations located within City limits. In the event of major fires, the County has “mutual aid agreements” with cities and counties so that additional personnel and firefighting equipment can augment the County Fire Department. The fire station nearest to the project area is Fire Station #53, located 11-49 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 33 at 6124 Palos Verdes Drive South, approximately 0.5 miles east of the project area (LA County Fire Department Website). Station #53 operates three shifts per day and currently utilizes a “three-man crew” with at least three staff members on duty per shift (nine total staff) (Captain Avila, LA County Fire Station #53, December 2009). Station #53 services an area that extends from San Pedro to below the Trump National Golf Club. Zone 2 is within a developed area currently served by the LACFD and residential development accommodated by the proposed revision to the landslide moratorium would not substantially increase the population in the City. As discussed above in Section VIII, Hazards and Hazardous Material, the site is located in High Fire Hazard Area and those issues will be discussed further in an EIR. However, the addition of 47 residences in Zone 2 would not require new or expanded fire facilities (Captain Avila, November 17, 2010). In addition, the project area’s close proximity to Fire Station #53 would ensure an adequate response time by the Fire Department in emergency situations. Buildings constructed would also be required to comply with the Fire Code and LACFD standards, including specific construction specifications and design requirements. Therefore, residential development accommodated by the project would not significantly affect community fire protection service and would not result in the need for construction or expansion of fire protection facilities. Impacts would be less than significant and further discussion of this issue in an EIR is not warranted. a (ii.). The City of Rancho Palos Verdes contracts with the Los Angeles County Sheriff’s Department (LACSD) to provide law enforcement services to the City. The Lomita Station, located at 26123 Narbonne Avenue in Lomita, provides service to the areas within the city limits of Rancho Palos Verdes, Lomita, Rolling Hills and Rolling Hills Estates as well as unincorporated Los Angeles County areas around Rancho Palos Verdes (LACSD Homepage). The Lomita Station is located approximately 3.75 miles from the project area. The Lomita Station currently has 95 sworn officers on staff. During the daytime shift, approximately 8-10 officers are on duty in the vicinity of the Palos Verdes Peninsula and approximately 3-4 are on duty within the City of Rancho Palos Verdes. During the night shift approximately 6-8 total officers are on duty in the vicinity and approximately 2-3 officers are on duty in Rancho Palos Verdes. The proposed project is not anticipated to require additional police services, as the project area is within a developed area currently served by the LACSD. Although the project would increase the number of residents in the project area, it is not expected to adversely affect police services. The LACSD has sufficient resources to accommodate the proposed project. Therefore, the project would not significantly affect police protection services and would not result in the need for construction or expansion of new police facilities. Impacts would be less than significant and further discussion of this issue in an EIR is not warranted. a (iii). The proposed ordinance revisions could result in the construction of 47 residences, which would increase the population in the City by 130. Therefore, additional school children would likely be introduced into the student population as a result of implementation of the project. In accordance with State law, the developer(s) of the project would be required to pay school impact fees. Pursuant to Section 65995 (3)(h) of the California Government Code (Senate Bill 50, chaptered August 27, 1998), the payment of statutory fees “...is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization.” Thus, payment of the development fees is 11-50 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 34 considered full mitigation for the project's impacts under CEQA and no additional mitigation is required. Impacts to public schools would be less than significant with payment of mandatory fees and further analysis of this issue in an EIR is not warranted. a (iv-v). The Rancho Palos Verdes Recreation and Parks Department is responsible for maintaining and planning for parkland in the City of Rancho Palos Verdes. The City currently maintains approximately 334 acres of parklands and 1,400 acres of open space (City of Rancho Palos Verdes Recreation and Parks Department Staff, December 2010). The public park closest to the project area is the Abalone Cove Shoreline Park, a 53-acre park located approximately 0.35 miles southwest of the project area. Based on the City’s current population of 42,893 (Department of Finance, January 2010), there is approximately 7.79 acres of parkland per 1,000 residents. With the addition of approximately 130 new residents (as described above in Section XVIII, Population and Housing), the City’s parkland to population ratio would be approximately 7.76. The addition of new residents as a result of the proposed project would not significantly decrease the parkland to population ratio and would not result in the need for additional recreation facilities. Therefore, impacts to parks would be less than significant and additional analysis in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a-b. The proposed project involves revisions to the landslide moratorium ordinance that would potentially facilitate development of up to 47 new residences within Zone 2. These residences would increase the City’s population by approximately 130 people, which could increase the use of recreational facilities in the project vicinity. However, as described above in Section XIV, Public Facilities, the population increase would not cause substantial physical deterioration of recreational facilities. As discussed above under Item XIV Public Services, the project area contains existing residential uses and is adequately served by recreational facilities. Additionally, the project would not include recreational facilities or require the construction or expansion of recreational facilities. Impacts to recreational facilities would be less than significant and additional analysis in an EIR is not warranted. 11-51 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 35 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XVI. TRANSPORTATION / TRAFFIC — Would the project: a) Exceed the capacity of the existing circulation system, based on an applicable measure of effectiveness (as designated in a general plan policy, ordinance, etc.), taking into account all relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other 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 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 incompatible use (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? a-b, d-f. The proposed project would involve revisions to the Landslide Moratorium Ordinance that would potentially add an additional 47 residences to the Zone 2 area. As no new or reconfigured roads are proposed, and as the land uses in the project area would not change, the project would not increase hazards due to a design feature or incompatible use. Because the proposed project would intensify the use of the project area compared to the existing conditions, traffic to and from the project area would increase. The additional residential traffic could adversely affect emergency access by adding volume to the private road network in the Portuguese Bend area. These impacts are potentially significant and will be further evaluated in the EIR. A traffic study will be conducted to analyze and evaluate the project’s potential impacts to traffic, circulation, parking and hazards due to design features, and site access. 11-52 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 36 c. The proposed project involves revisions to the Landslide Moratorium Ordinance, which would facilitate development of up to 47 new residences within Zone 2. The project by its nature would not result in a change in air traffic patterns by increasing traffic levels or a change in location that results in substantial safety risks. No impact would occur and further discussion in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XVII. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it 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 project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a, b, e. The City has constructed the Abalone Cove Sewer System, which serves the Portuguese Bend community including the 47 undeveloped lots in Zone 2 that could become developable with implementation of the proposed ordinance amendments. The Abalone Cove system is intended to reduce the amount of groundwater within the Landslide Moratorium Area by eliminating the use of private septic systems, with the ultimate goal or slowing or stopping land 11-53 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 37 movement. The Abalone Cove system was originally intended to serve the 110 developed and the 47 undeveloped lots in the Abalone Cove area or the Portuguese Bend community, which includes the undeveloped lots in Zone 2 (City of Rancho Palos Verdes, “Monks Lots MND”, August 2009). As such, the potential future development of up to 47 new residences in Zone 2 would be consistent with the planned sewer system capacity, although the approval of the proposed project would not directly grant any entitlement to develop these lots. The City's Public Works Department has recently confirmed, as a part of the update to the City's Sewer Master Plan, that the Abalone Cove system does have adequate capacity to serve the undeveloped lots. Therefore, the proposed project may significantly affect the existing wastewater conveyance or treatment system and therefore new or expanded facilities may be required. Impacts are potentially significant and this issue will be further discussed in an EIR. c. As discussed in Section VIII, Hydrology and Water Quality, currently, the project area contains 111 lots. Of these, 64 are developed with residences and accessory structures and 47 lots are undeveloped or underdeveloped. The majority of the undeveloped lots contain non-native vegetation, and some have small, non-habitable structures (e.g., sheds, stables, fences, etc.) for equestrian or horticultural uses. The proposed project would involve revisions to the Landslide Moratorium Ordinance that would allow up to 47 residences on the approximately 112-acre project area. The proposed project would represent a more intense use of the project area as compared to the current use, and would increase impermeable surface area onsite, including residences, driveways, and access roads. This may incrementally reduce groundwater recharge. Additionally, the proposed project would allow for grading and drainage improvements that would alter the existing drainage pattern of the Zone 2 area, which has the potential to increase the amount of surface runoff. In addition, construction activities, such as grading, and operational impacts typically associated with residential uses, such as pollutants from vehicles and landscaping pesticides, which may generate additional pollutants that could adversely affect the quality of surface runoff. Therefore, potential buildout of the project has the potential to adversely affect groundwater supplies, and the amount and quality of surface runoff. Impacts are potentially significant and this issue will be further analyzed in an EIR. d. The Rancho Dominguez District of the California Water Service Company (CWSC) is the local purveyor of domestic water. CWSC serves domestic customers in Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, Rolling Hills Estates, and a portion of Lomita. The Rancho Dominguez District’s water supply for the City of Rancho Palos Verdes is 100% reliant on imported water supplies (Colorado River and State Water Project) from the Metropolitan Water District (MWD) of Southern California, which are purchased through the West Basin Municipal Water District (WBMWD). There is no local groundwater extraction for use by the CWSC on the Palos Verdes Peninsula and there are no local supplies currently available to the WBMWD (CWSC Homepage). As a result, the availability of water is dependent on the supply conditions of the MWD. The Rancho Dominguez District’s Palos Verdes water system includes 350 miles of pipeline, 18 storage tanks, and 31 booster pumps. CWSC proactively maintains and upgrades its facilities to ensure a reliable, high-quality supply (CWSC Homepage). 11-54 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 38 The potable water supply for the proposed project would be delivered by the Rancho Dominguez District of CWSC, which in turn purchases all of its supply from WBMWD via MWD sources (the Colorado River and State Water Project). Assuming that water demand is approximately 120% of wastewater generation, the proposed project would require approximately 10,998 gpd, or 12.3 AFY (based on the estimated wastewater generated as shown in Table 1). As shown in Table 1, WBMWD’s total water supply currently has an estimated 14,500 AFY greater than the current demand (WBMWD, 2005). In addition, the projected water supply is anticipated to be 260,297 AFY in 2030, which is approximately 42,800 AFY greater than the projected demand for retail, municipal and industrial uses (217,497 AFY) (WBMWD, 2005). As such, the proposed project’s demand of approximately 12.3 AFY would represent approximately 0.085% of the current available supply (approximately 14,500 AFY) and approximately 0.029% of the projected available supply in 2030 (approximately 42,800 AFY). Table 1 Current and Projected WBMWD Water Supply and Demand (AFY) Water Sources Current Supply Current Demand 2030 Supply 2030 Demand Imported – MWD 129,315 129,315 101,747 101,747 Groundwater 41,535 41,535 52,000 52,000 Recycled Water 13,065 13,065 43,750 43,750 Ocean Desalination - - 20,000 20,000 Conservation 14,500 - 42,800 - Total Water Supply 198,416 183,916 260,297 217,497 Source: 2005 Urban Water Management Plan, WBMWD, 2005. Since the City of Rancho Palos Verdes’s water supply via the Rancho Dominguez District is reliant on imported water supplies from MWD, it is important to note that MWD’s estimated water supply is expected to meet the demands of its member agencies such as WBMWD. MWD has engaged in substantial water supply projection and planning efforts. In its 2003 Blueprint Report and 2005 Regional Urban Water Management Plan, MWD has consistently found that its existing water supplies, when managed according to its water resource plans, such as the Water Surplus and Drought Management Plan and Integrated Resources Plan, are and will be 100% reliable for at least a 20-year planning period. Since publication of those reports, MWD has continued to implement its water supply programs, as reported in its annual Implementation Reports, the most recent of which was published in February 2009. Although water supply conditions are always subject to uncertainties, MWD has maintained its supply reliability in the face of such uncertainties in the past, and is actively managing its supplies to ensure the same 100% reliability for the future (MWD, February 2009). It is anticipated that sufficient water will be available to meet demand associated with the proposed project. Impacts related to water supply would be less than significant and further discussion in an EIR is not warranted. 11-55 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 39 f, g. Solid waste collection service in Rancho Palos Verdes is provided by various haulers who have exclusive agreements with the City to provide disposal service for solid waste generated within the City. Residential solid waste collection within the project area is provided exclusively by Universal Waste Systems (UWS). In addition, for construction waste there are ten authorized commercial haulers who provide dumpster and roll-off service throughout the City. Solid waste generated in the City of Rancho Palos Verdes could be taken to four different landfills; however, Puente Hills Landfill is the primary landfill used by the City. This landfill is operated by the County Sanitation Districts of Los Angeles County within which an independent special district provides water pollution control and solid waste management services under the authorization of the Sanitation Act of 1923. Table 2 summarizes the permitted throughput, estimated capacity, and estimated closure date for these facilities. Table 2 Solid Waste Disposal Facilities Facility Permitted Daily Throughput (tons/day) Estimated Remaining Capacity (CY) Estimated Closure Date Puente Hills Landfill 13,200 35,200,000 10/31/2013 Downey Area Recycling and Transfer Facility a 5,000 N/A N/A South Gate Transfer Station a 2,200 N/A N/A Commerce Refuse-to- Energy Facility a 1,000 N/A N/A Source: California Integrated Waste Management Board Website, http://www.calrecycle.ca.gov/SWFacilities/Directory/search.aspx, accessed on 11/15/2010. cy=cubic yards Note: a The estimated remaining capacity/estimated closure date is not applicable to this Transfer/Refuse-to-Energy facility As shown in Table 2, the Puente Hills Landfill has a maximum permitted capacity of 13,200 tons/day and receives on average 9,000 tons/day. There is approximately 4,200 tons of available capacity at the Puente Hills Landfill. Solid waste from Rancho Palos Verdes may also be disposed of at the following facilities: City of Commerce’s Waste to Energy Incinerator, the Downey Area Recycling and Transfer Facility, and the South Gate Transfer Station. The City has completed a comprehensive waste reduction and recycling plan in compliance with State Law AB 939, which required every city in California to reduce the waste it sends to landfills by 50% by the year 2000. The City’s Source Reduction and Recycling Element (SRRE) is the solid waste reduction planning document for the City of Rancho Palos Verdes, and establishes goals and policies for the City regarding source reduction, recycling and composting and environmentally safe solid waste management alternatives to land disposal. The SRRE also helps the City in maintaining the 50% diversion rate requirement specified by AB 939. As of 2002 (the last verified date by the CIWMB), the City was recycling 51% of its solid waste, thereby complying with the standards established by AB 939 (CIWMB Waste Stream Profile). 11-56 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 40 As shown in Table 3, development that could occur within the project area would generate an estimated 575 pounds of solid waste per day or 209,875 pounds of solid waste per year. In keeping with the City’s recycling program, approximately 49% of this waste, or 282 pounds per day would be deposited in landfills. The Puente Hills Landfill has a maximum permitted capacity of 13,200 tons/day and receives on average 9,000 tons/day. Therefore, the 282 pounds per day is within the available capacity (4,200 tons per day) at the Puente Hills Landfill and the project impact to solid waste disposal would be less than significant. Table 3 Solid Waste Generated Land Use Size Generation Rate Total (lbs/day) Total (lbs/year) Residential 47 Residential Units 12.23 lbs/ household/day * 575 209,875 Total Project Solid Waste Generation Increase 575 209,875 Notes: SF = square feet ** Source: CalRecycle, 2010 Although the project would incrementally increase solid waste generation, project area development would be required to comply with local regulations regarding solid waste reduction. Impacts to the City’s solid waste collection and disposal system would be less than significant and further discussion in an EIR is not warranted. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, eliminate a 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? b) Does the project have impacts that are individually limited, but cumulatively considerable? (―Cumulatively considerable‖ means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 11-57 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 41 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE — c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a. As discussed in Section IV, Biological Resources, the project’s impacts on biological resources are potentially significant. As discussed in Section V, Cultural Resources, although no known cultural resources are located in the project area, the proposed project has the potential to disturb previously unknown subsurface archaeological and paleontological resources. Therefore, the project could potentially affect or eliminate important examples of California history or prehistory. These potentially significant impacts will be further discussed in the EIR. b. The project has potential impacts to aesthetics, biological resources, cultural resources, geology, hydrology and water quality, noise, and traffic impacts that could be significant and cumulatively considerable. These potentially adverse cumulative impacts will be explored and discussed in more detail in the EIR. c. The proposed project has potential for adverse effects on human beings due to potential impacts related to aesthetics, geology, hydrology and water quality, noise, and traffic. The potential for adverse effects on human beings will be explored and discussed in more detail in the EIR. 11-58 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 42 REFERENCES California Code of Regulations: Subchapter 4. Construction Safety Orders Article 4.Dusts, Fumes, Mists, Vapors, and Gases: §1532.1 Lead. California Department of Conservation. Seismic Hazard Zones Map-San Pedro Quadrangle, 1999. California Department of Conservation. Tsunami Inundation for Emergency Planning-Redondo Beach (South) Quadrangle. California Department of Conservation Farmland Mapping and Monitoring Program, Los Angeles County Map. Available online at: http://www.conservation.ca.gov/dlrp/FMMP/Pages/Index.aspx California Department of Conservation-Los Angeles County Williamson Act Map, 2006. Available online at: http://www.consrv.ca.gov/dlrp/lca/Pages/Index.aspx California Department of Fish and Game (CDFG). 2009. California Natural Diversity Database search of RareFind3. The Resource Agency, State of California, Sacramento, California. California Department of Toxic Substances Control. EnviroStor Database. Available online at: http://www.envirostor.dtsc.ca.gov. California Geological Survey/U.S. Geological Survey, 2003. Mineral Resources. Available online at: http://www.consrv.ca.gov/cgs/minerals/mlc/Pages/index.aspx. California Integrated Waste Management Board Solid Waste Information System (SWIS) Database. Accessed online at: http://www.ciwmb.ca.gov/SWIS/Default.htm California Integrated Waste Management Board Solid Waste Generation Rates. Accessed online at: http://www.ciwmb.ca.gov/wastechar/WasteGenRates/default.htm California Integrated Waste Management Board Waste Stream Profile for Rancho Palos Verdes. http://www.ciwmb.ca.gov/lgtools/mars/DrmcMain.asp City of Rancho Palos Verdes Coastal Specific Plan. Adopted December 1978. City of Rancho Palos Verdes Draft Coastal Vision Plan. August 2008. City of Rancho Palos Verdes General Plan. Adopted June 26, 1975. City of Ranchos Palos Verdes Marymount College Facilities Expansion Project, Draft EIR, 2007. City of Rancho Palos Verdes Municipal Code available online at: http://www.palosverdes.com/rpv/cityclerk/munidatabase/ 11-59 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 43 The City of Rancho Palos Verdes Natural Communities Conservation Planning (NCCP) Subarea Plan, Adopted by City Council 2004. Available online at: http://www.palosverdes.com/Rpv/planning/NCCP/rpv_subarea_plan_main.pdf CNPS. 2006. Inventory of Rare and Endangered Plants of California. Sixth edition. Rare Plant Scientific Advisory Committee, David Tibor, Convening Editor, Sacramento, California. September. Changes to the Inventory as published on CNPS website (http://www.cnps.org/programs/Rare_Plant/inventory/changes/changes_accepted.h tm). Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS). Superfund Information Systems. CERCLIS Database. Available online at: http://www.epa.gov/superfund/sites/cursites/ Department of Toxic Substances Control. DTSC’s Hazardous Waste and Substances Site List- Site Cleanup. (Cortese List). Available online at: http://www.calepa.ca.gov/SiteCleanup/CorteseList/default.htm. Dibblee, Thomas W. Geologic Map of the Palos Verdes Peninsula and Vicinity, Redondo Beach, Torrance, and San Pedro Quadrangles, 1999. In association with the California Department of Conservation, Division of Mines and Geology and US Geological Survey. Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM). Los Angeles County Fire Department Homepage. Available online at: http://www.fire.lacounty.gov/ Los Angeles County Sanitation District Homepage. Joint Water Pollution Control Plant (JWPCP) 2008 Annual Plant Performance Data. Available online at: http://www.lacsd.org/about/wastewater_facilities/jwpcp/performance/default.asp Los Angeles County Sheriff Department Homepage. Available online at: http://www.fire.lasd.org/ Metropolitan Water District of Southern California. Annual Progress Report to the California State Legislature. Achievements in Conservation, Recycling, and Groundwater Recharge. February, 2009. Metropolitan Water District of Southern California, Integrated Resources Plan Update, 2004. Metropolitan Water District of Southern California, Regional Urban Water Management Plan, November 2005. Southern California Earthquake Data Center. Available online at: http://www.scec.org/. South Coast Air Quality Management District, Air Quality Management Plan, 2007. 11-60 Zone 2 Landslide Moratorium Ordinance Revisions Initial Study City of Rancho Palos Verdes 44 South Coast Air Quality Management District, CEQA, Final Localized Significance Threshold Methodology, SCAQMD, June 2003. Available at: http://www.aqmd.gov/CEQA/handbook/LST/Method_final.pdf South Coast Air Quality Management District, 1993. CEQA Air Quality Handbook. Figure 5-5 Land Uses Associated with Odor Complaints. U.S. Environmental Protection Agency, Noise from Construction Equipment and Operations, PB 206 717, 1971. West Basin Municipal Water District (WBMWD), Urban Water Management Plan, 2005. 11-61 S TAT E OF CAL I FOR N I A Governor's Office of Planning and Research State Clearinghouse and Planning Unit Arnold Schwarzenegger Governor Notice of Preparation December 30,2010 To:Reviewing Agencies Re:Zone 2 Landslide Moratorium Ordinance Revisions SCH#2010121073 ~ljt Q¥Pt.w""41bt§~~ i *~l'.,4JJ!.J "'1'6''''~...'*'~"~!IF r.At\fII'" Cathleen CoxREACtingDirectorCEIVE JAN 03 2011 PLANNING,BUILDING AND CODE ENFORCEMENT. Attached for your review and C0nu11ent is the Notice of Preparation (NOP)for the Zone 2 Landslide Moratorium Ordinance Revisions draft Environmental Impact Repo11 (EIR). Responsible agencies must transmirtheir comments on the scope and content of the NOP,focusing on specific information related to their own stahltory responsibility,within 30 days of receipt of the NOP fro111 the Lead Agencv.This is a courtesy notice provided by the State Clearinghouse with a reminder for you to comment in a timely manner.We encourage other agencies to also respond to this notice and express their concerns early in the environmental review process. Please direct YOllr conunents to: Kit Fox City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 with a copy to the State Clearinghollse in the Office of Planning and Research.Please refer to the SCH number noted above in all correspondence concerning this project. rfyon have any questions about the environmental document review process,please call the State Clearinghouse at (916)445-0613. Sincerely, ~,Ij -...J -10-· Scott Morgan Director,State Clearinghouse Attachments cc:Lead Agency 1400 TENTH STREET P.O.BOX 3044 'SACRAMENTO,CALIFORNIA 95B12-3044 TEL (916)445-0613 FAX (916)823-3018 www.opr.ca.gov 11-62 SCH# Project Title Lead Agency Document Details Report State Clearinghouse Data Base 2010121073 Zone 2 Landslide Moratorium Ordinance Revisions Rancho Palos Verdes,City of Type NOP Notice of Preparation Description Revisions to the City's landslide moratorium regulations (Chapter 15.20 of the Rancho Palos Verdes Municipal Code)to allow for submittal of landslide moratorium exception (LME)applications for 47 undeveloped or undeveloped lots within Zone 2.The potential granting of up to 47 LME requests under the proposed ordinance revisions would permit individual property owners to then apply for individual entitlements to develop their lots.Potential development on the 47 lots would occur over a period of at least 10 years from adoption of the ordinance revisions in a manner consistent with the private architectural standards adopted by the Portuguese Bend Community Association and the City's underlying RS-1 and RS-2 zoning regulations. Lead Agency Contact Name Kit Fox Agency City of Rancho Palos Verdes Phone (310)544-5228 email kitf@rpv.com Address 30940 Hawthorne Boulevard City Rancho Palos Verdes Fax State CA Zip 90275 N.intersection of Palos Verdes Dr.S.&Narcissa Dr. 33·44'53"N /118"22'.75"W Multiple Range Project Location County Los Angeles City Rancho Palos Verdes Region Cross Streets Latl Long Parcel No. Township Section Base Proximity to: Highways Airports Railways Waterways Schools Land Use Project Issues Reviewing Agencies Pacific Ocean.Altamira Canyon PV ES,Ridgecrest,etc ... Residential Residential,1-2 DU/acre Z:Residential.1-2 DU/acre AesthelicNisual;Agricultural Land;Air Quality;Archaeologic-Historic;Biological Resources;Coastal Zone;Drainage/Absorption;Economics/Jobs;Flood Plain/Flooding;Forest Land/Fire Hazard; Geologic/Seismic;Minerals;Noise;Population/Housing Balance;Public Services;Recreation/Parks; Schools/Universities;Septic System;Sewer Capacity;Soil Erosion/Compaction/Grading;Solid Waste; Toxic/Hazardous;Traffic/Circulation;Vegetation;Water Quality;Water Supply;WelJand/Riparian; Growth Inducing;Landuse;Cumulative Effects;Other Issues Resources Agency;Cal Fire;Central Valley Flood Protection Board;Office of Historic Preservation; Department of Parks and Recreation;Department of Water Resources;Department of Fish and Game, Region 5;Office of Emergency Management Agency,California;Native American Heritage Commission;California Highway Patrol;Callrans,District 7;Regional Water Quality Conlrol Board, Region 4 Note:Blanks in data fields result from insufficient information provided by lead agency.11-63 Document Details Report State Clearinghouse Data Base Date Received 12/30/2010 Start of Review 12/30/2010 End of Review 01/28/2011 Note:Blanks in data fields result from insufficient information provided by lead agency.11-64 NUt-'U1StrlOUt!On LISt Resources Agency •Resources Agency Nadell Gayou o Conservancy RWQCB 5F Central Valley Region (S) Fresno Branch OfficeoRWQCB5R Central Valley Region (5) Redding Branch Office RWQCB 55 Central Valley Region (S)o RWQCB 6 Lahontan Region (6) o RWQCB6V Lahontan Region (6) Victorville Branch Office RWQCB 8 Santa Ana Region (8) RWQCB 9 San Diego Region (9) RWQCB 7 Colorado River Basin Region (7) RWQCB 1 Calhleen Hudson North Coast Region (1) RWQCB 2 Environmental Document Coordinator San Francisco 8ay Region (2) RWQCB 3 Central Coast Region (3) RWQCB 4 Teresa Rodgers Los Angeles Region (4) ,;,\1 ~u .1./j.J.V II·" o Other _ Last Updated 12127/2010 o o o o o o I) o o Regional Water Quality Control Board (RWQCB) ~L;H1t ----------- C(jJ; Transportation Projects Douglas Ito Industrial Projects Mike Tollstrup State Water Resources Control Board Studentlntem,401 Water Quality Certification Unit Division of Water Quality State Water Resouces Control Board Steven Herrera Division of Water Rights Dept.of Toxic Substances ContrOl CEQA Tracking Cenler Department of Pesticide Regulation CEQA Coordinator o o State Water Resources Control Board Regional Programs Unit Division of Financial Assistance Caltrans,District 11 Jacob Armstrong Caltrans.District 12 Chris Herre Caltrans,District 8 Dan Kopulsky Cal trans,District 9 Gayle Rosander Caltrans.District 10 Tom Dumas o o o o o Cal EPA Air Resources Board o Airport Projects Jim Lerner o o o o o l.os,PnJ~41\()So California Highway Patrol Scott Loetscher Office of Special Projects Housing &Community Development CEQA Coordinator Housing Policy Division Caltrans -Planning Terri Pencovic county: Tahoe Regional Planning Agency (TRPA) Cherry Jacques Santa Monica Bay Restoration Guangyu Wang Public Utilities Commission Leo Wong State Lands Commission Marina Brand o o tIJ Dept.of Transportation o Caltrans,District 1 Rex Jackman o Caltrans.District 2 Marcelino Gonzalez o Caltrans.District 3 Bruce de TerraoCaltrans.District 4 Lisa Carboni o Caltrans,District 5 David Murray o Caltrans,District 6 Michael Navarro 18 Caltrans,District 7 Elmer Alvarez •Native American Heritage Comm. Debbie Treadway Business,Trans &Housing o Cal trans -Division of Aeronautics Sandy Hesnard o o o o Governor's Office of Planning &Research State Clearinghouse Delta Protection Commission Linda Flack Cal EMA (Emergency Management Agency) Dennis Castrillo Dept.of PUblic Health Bridgette Binning Dept.of Health/Drinking Waler Depart.of General Services Public School Construction Dept.of General Services Anna Garbeff Environmental Services Section Fish &Game Region 5 Don Chadwick Habitat Conservation Program Fish &Game Region 6 Gabrina Gatchel Habitat Conservation Program Fish &Game Region 6 11M Brad Henderson Inyo/Mono,Habitat Conservation Program Dept.of Fish &Game M George Isaac Marine Region Fish &Game Region 4 Julie Vance Fish &Game Region 2 Jeff Drongesen Fish &Game Region 3 Charles Armor Fish &Game Region 1E Laurie Harnsberger o o m o o o Independent Commissions,Boards Other Departments o Food &Agriculture Steve Shaffer Depl.of Food and Agriculture o o o o o o o • Dept.of Water Resources Resources Agency Nadell Gayou Dept.of Boating &Waterways Mike Sotelo California Coastal Commission Elizabeth A.Fuchs Office of Historic Preservation Ron Parsons •Dept of Parks &Recreation Environmental Stewardship SectionoCalifornia Department of Resources,Recycling & Recovery Sue O'Leary o S.F.Bay Conservation & Dev'L Comm. Steve McAdam Fish and Game o Depart.of Fish &Game Scott Flint Environmental Services DivisionoFish&Game Region 1 Donald Koch II • o o o Colorado River Board Gerald R.Zimmerman Dept.of Conservation Jonathan Martis California Energy Commission Eric Knight lID Cal Fire Allen Robertson 1&Central Valley Flood Protection Board James Herota o o 11-65 STAJE OF CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL,ROOM 364 SACRAMENTO,CA 95814 (916)653-6251 Fax (916)657-5390 Web Site lIill'YJ(.Jlii.I)l;~Qa.g9Jl ds_nahc@pacbeJl.net January 10,2011 Ms.Kit Fox,Planner City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 JAN 1 3 2011 PlANNING,BUILDING AND CODE ENFORCEMENT Goyernor Re:SGH#2010121073;GEQA Notice of Preparation (NOP);draft Environmental Assessment/Finding of No Significant Impact (EAlFONSI)draft Environmental Impact Report (DEIR)for the:"Zone 2 Landslide Moratorium Ordinance Revisions Project;" located in the City of Rancho Palos Verdes:Los Angeles County.California Dear Ms.Fox: The Native American Heritage Commission (NAHC),the State of California 'Trustee Agency'for the protection and preservation of Native American cultural resources.The NAHG wishes to comment on the above-referenced proposed Project. This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties'under both state and federal law.State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. The California Environmental Quality Act (GEQA -CA Public Resources Gode 21000-21177,amendments effective 3/18/2010)requires that any project that causes a substantial adverse change in the significance of an historical resource,that includes archaeological resources,is a 'significant effect'requiring the preparation of an Environmental Impact Report (EIR)per the CEQA Guidelines defines a significant impact on the environment as 'a substantial,or potentially substantial,adverse change in any of physical conditions within an area affected by the proposed project,including ...objects of historic or aesthetic significance."In order to comply with this provision,the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE),and if so,to mitigate that effect.The NAHC Sacred Lands File (SLF)search resulted in;Native American cultural resources were not identified within %mile of the areas of potential effect (e.g.APE).The NAHG "Sacred Sites,'as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a)and 5097.96.Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254.1 O. The absence of evidence of archaeological items does not indicate that they do not exist at the subsurface and/or when groundbreaking activity occurs. Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g.APE).We strongly urge that you make contact with the list of Native American Contacts on the attached list of Native American 11-66 contacts,to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project.Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e).The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a)to pursuing a project that would damage or destroy a Native American cultural resources. Furthermore we recommend,also,that you contact the California Historic Resources Information System (CHRIS)for pertinent archaeological data within or near the APE,at (916) 445-7000 for the nearest Information Center in order to learn what archaeological fixtures may have been recorded in the APE. Consultation with tribes and interested Native American consulting parties,on the NAHC list,should be conducted in compliance with the requirements of federal NEPA (42 U.S.C 4321- 43351)and Section 106 and 4(f)of federal N HPA (16 U.S.C.470 et seq),36 CFR Part 800.3 (f) (2)&.5,the President's Council on Environmental Quality (CSQ,42 U.S.C 4371 et seq.and NAGPRA (25 U.S.C.3001-3013)as appropriate.The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes.Also,federal Executive Orders Nos.11593 (preservation of cultural environment), 13175 (coordination &consultation)and 13007 (Sacred Sites)are helpful,supportive guides for Section 106 consultation. Furthermore,Public Resources Code Section 5097.98,California Government Code §27491 and Health &Safety Code Section 7050.5 provide for provisions for accidentally discovered archeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a 'dedicated cemetery'. To be effective,consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies,project proponents and their contractors,in the opinion of the NAHC.Regarding tribal consultation,a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. t s response to your request,please do not hesitate to The response to this search for Native American cultural resources is conducted in the NAHC Sacred Lands Inventory,established by the California Legislature (CA Public Resources Code 5097.94(a)and is exempt from the CA Public Records Act (c.f.California Government Code 6254.10)although Native Americans on the attached contact list may wish to reveal the nature of identified cultural resources/historic properties.Confidentiality of "historic properties of religious and cultural significance"may also be protected under Section 304 of he NHA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places.The Secretary may also be advised by the federal Indian Religious Freedom Act (cf.42 U.S.C.,1996)in issuing a decision on whether or not to disclose items of religious and/or cultural significance identi Jled in or near the APE and possibility threatened by proposed project activity. ~ou have any estions ab /Tct IT\~at (916)653 251._ Ai~I'Hll._n 7. 11-67 tattnlaw@gmail.com 31 0-570-6567 LA City/County Native American Indian Comm Ron Andrade,Director 3175 West 6th Street,Rm. Los Angeles,CA 90020 randrade@css.lacounty.gov (213)351-5324 (213)386-3995 FAX Ti'At Society/Inter-Tribal Council of Pimu Cindi M.Alvitre,Chairwoman-Manisar 6515 E.Seaside Walk,#C Gabrielino Long Beach,CA 90803 calvitre@yahoo.com (714)504-2468 Cell Tongva Ancestral Territorial Tribal Nation John Tommy Rosas,Tribal Admin. Gabrielino Tongva GabrielenofTonQva San Gabriel Band of Mission Anthony Morale-s ,Chairperson PO Box 693 Gabrielino Tongva San Gabriel I CA 91778 GTTribalcouncil@aol.com (626)286-1632 (626)286-1758 -Home (626)286-1262 -FAX This list is current only as oJ the date of this document. Native American Contacts Los Angeles County January 10,2011 Gabrielino Tongva Nation Sam Dunlap,Chairperson P.O_Box 86908 Gabrielino Tongva Los Angeles,CA 90086 samdunlap@earthlink.net (909)262-9351 -cell Gabrielino Tongva Indians of California Tribal Council Robert F.Doramae,Tribal Chair/Cultural P.O.Box 490 Gabrielino Tongva Bellflower ,CA 90707 gtongva@verizon.net 562-761-6417 -voice 562-925-7989 -fax Gabrielino-Tongva Tribe Bernie Acuna 1875 Century Pk East #1500 Gabrielino Los Angeles,CA 90067 (310)428-7720 -cell (310)587-2281 Shoshoneon Gabrieleno Band of Mission Indians Andy Salas,Chairperson PO Box 393 Gabrieleno Covina ,CA 91723 (626)926-4131 gabirelenoindians@yahoo. com (213)688-0181 -FAX Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code.Also, federal National Environmental Polley Act (NEPA),National Historic Preservation Act,Section 106 and fed eral NAGPRA.And 36 CFR Part 800. This list is only applicable for contacting local Native Americans for consultation purposes with regard to cultural resources impact by the proposed SCHH201 0121 073;CEQA Notice of Preparation (NOP);draft Envlronmentallmpaet Report (DEIR)for the Zone 2 landslide Moratorium Ordinance RevisIons;City oJ Rancho Palos Verdes;Los Angeles County,California. 11-68 Native American Contacts Los Angeles County January 10,2011 Gabrielino-Ton~va Tribe Linda Candelana,Chairwoman 1875 Century Park East,Suite 1500 Los Angeles,CA 90067 Gabrielino Icandelaria1 @gabrielinoTribe.org 310-428-5767-cell (310)587-2281 This list Is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responslbillty as defined In Section 7050.5 of the Health and Safety Code,Section 5097.94 of the Public Resources Code and Secllon 5097.98 of the Public Resources Code.Also, federal National Environmental Policy Act (NEPA),NatIonal Historic Preservation Act,Section 106 and fed eraI NAGPRA.And 36 CFR Part 800. This list is only applicable for contacting local Native Americans for consultation purposes with regard to cultural resources Impact by the proposed SCH#2010121073;CEQA Notice of Preparation (NOP);draft Environmental Impact Report (DEIR)for the Zone 2 Landslide Moratorium Ordinance RevisIons;CIty of Rancho Palos Verdes;Los Angeles County,California. 11-69 PLUMTREE P.V.ASSOCIATES,LLC c/o Buss-Shelger Associates 865 S.Figueroa,Suite 3338 Los Angeles,California 90017 January 14,2011 City of Rancho Palos Verdes, Planning Division 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 RECEIVED JAN 18 2G~' PLANNING,BUILDING AND CODE ENFORCEMENT Attentian: Reference: Mr.Kit Fox,AICP Associate Planner Environmental Impact Report 47 Lots -Zone 2 Landslide Moratorium Ordinance Revisions Ladies &Gentlemen: The ownership appreciates and encourages the EIR identified above,and remains willing to participate in its cost in the event the remaining 30 acres in Zone 1 currently being investigated by Plumtree P.V.Associates could be included.In assuming this is not practical at this time,our comments concerning the Draft EIR guidelines are limited to several basic items as set forth below. •The history of the Landslide Moratorium,nor the origin of the Zone 2 designation is not discussed.It is our understanding that the Zone 2 designation was originally suggested by the City Geologist in 1993,but was never officially adopted as part of the Landslide Moratorium Ordinance or any other ordinance,resolution,policy,nor Council order.The authority designating "Moratorium Zones"should be identified. •The NOP/IS provides no reference to any "Responsible Agencies,Trustee Agencies, or involved federal agencies".Please identify any and all slich agencies,as required in the CEQA Guidelines. •The DEIR should convey to the reader whether or not the Monks plaintiffs properties (16)will have the same development standards proposed applied. •Limiting the minimum and maximum size of a residence to 1,500 and 4,000 square feet respectively,appears arbitrary and in conflict with the City's Development Code.It is our understanding that the City normally relies on neighborhood compatibility and lot coverage to control structure size.It is noted that a previous version of the City's Development Code would have permitted maximum structure sizes of 11,000 and 8,000 square feet in the RS-l and RS-2 districts,respectively. 11-70 •The DEIR (and ordinance)should clearly define the tenn "single-story,ranch-style residence"and provide rationale why this design genre is the only style appropriate for the Zone 2 area.Several lots in Zone 2 have a slope that would be conducive to a two-story residence rather than a single level with more grading. •The NOP/IS provides no background or references regarding the basis for the proposed limitation on the amount of grading «1,000 c.y.,cut/fill)and import (50 c.y.maximum)per lot.The technical rationale for the proposed limitations should be set forth and referenced in the DEIR. •Under the proposed ordinance,no existing lots in the Zone 2 area would be pennitted to re-parcelize.Some existing legal lots in Zone 2 substantially exceed the minimum lot size that was established as far back as 1975 (Ordinance 75-78);a provision could be made in the ordinance to allow for subdivision,subject to the underlying zoning. The subject ownership remains available to assist with any internal studies in our possession;we respectfully request the above items be included or addressed at a minimum.The intent is to avoid reader confusion and ownership constraints as the process unfolds. Respectfully, Plumtree P.V.Associates C2~J;I),~ Ronald L.Buss Co-Managing Member cc:Richard Riordan Co-Managing Member 11-71 To:City of RPV,Community Development Dept. Subject:Zone 2 Landslide Moratorium Ordinance Revisions RECEIVED JAN 18 2011 PLANNING COOE EN:~/NG AND Reference the specific effects of the Ordinance as presented on the property identifiable as:EMENT Assessor's Parcel Number:7572 002024. I am the owner of the subject property which is over 6.9 acres and has been zoned for one unit per acre for the entire time of my ownership commencing prior to the City's formation.All Governmental actions,to my knowledge,have been consistent with the potential ofthe subd ivision of the parcel.In particular,the lot split of the contiguous parcel,7572-002-029.owned by the John Vanderlip family in November.1989 and its subsequent inclusion in the "Monks"litigation and settlement.Another City action was the inclusion of sewer laterals at locations other than the current improvements.The various taxes and fees that continue to be levied against the property have also been consistent with its 6.9 acres and the probability of future subdividing. None ofthis would have any effect on the validity of the EIR per se,since the added number would be small in proportion.I do however request the City to make the necessary changes to the Ordinance}and to include reference to my property in the numbers of underdeveloped properties. Date:January 18,2011.A ~I ;'C~--t1 ~-z-v--~£~----/ Signed:ill l L Property Owner 20 Vanderlip Dr.Rancho Palos Verdes 11-72 RECEIVE'D JAN 1 9 2011 ARIZONA LAND ASSOCIATES,L.P. A California Limited Partnership January 19,2011 Kit Fox,AICP,Associate Planner City of Rancho Palos Verdes,Planning Division 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 RE:ZONE 2 LANDSLIDE MORATORIUM ORDINANCE REVISIONS Dear Mr.Fox: PLANNING,BUILDING AND CODE ENFORCEMENT In response to the City's Notice of Preparation for the Environmental Impact Report lEIR)for the Zone 2 Landslide Moratorium Ordinance Revisions,we offer the following comments: •The Notice of Preparation/Initial Study [NOP/IS)generally refers to the Zone 2 lots as being "added"to the area.However,since the Zone 2 lots existed in 1975 when the City's enduring General Plan/Environmental Impact Report were adopted and were part of the land use analysis and environmental impact analysis,they are not additive.To the extent that state and regional regulations have changed,we understand that certain impacts (e.g.,Greenhouse Gases,Air Quality,etc.)must be analyzed,however,it is not necessary to revisit factors such as Transportation/Traffic,Utilities/Service Systems,Noise, etc.,which have already been subject to CEQA review. •The concept of "Moratorium Zones"was recommended in a memo to the Public Works Director in 1993 by Dr.Perry Ehlig (City Geologist)as "suggested guidelines for permitting development in the Moratorium area".It is our understanding,however,that the Moratorium Zone concept has never been adopted as part of the Landslide Moratorium Ordinance or any other formal City Council action.The DEIR should discuss the background and authority regarding the "Moratorium Zones"concept. •Limiting the maximum size of a residence to 4,000 square feet appears subjective and is inconsistent with the City's Development Code.This proposed standard should be eliminated and each development proposal should be evaluated on a case-by-case basis,pursuant to the existing Development Code.Moreover,the Moratorium Ordinance should not dictate any architectural style (e.g.,"single-story,ranch-style residence").The design of each proposed residence should be evaluated on a case-by-case basis.To the extent that a Community Association may have design standards that conflict with City standards should not be enforced by the Ordinance. 11-73 •An assumption stated in the NOP/IS would limit a future residence to 16 feet,maximum. We assume that the method of measuring the building height will be consistent with the existing Development Code (Section 17.02.040).The Ordinance and DEIR must clarify this standard,particularly for lots with a slope. •Under the proposed ordinance,no existing lots in the Zone 2 area would be permitted to subdivide.We understand that some existing legal lots in Zone 2 exceed the minimum lot size that was established as far back as 1975 (Ordinance 75-78).Therefore,a provision should be made in the ordinance to allow for subdivision,subject to the underlying zoning and development standards. •The NOP /IS is correct that the 2004 NCCP depicted certain lots in the Zone 2 area with sensitive habitat (coastal sage scrub),inclUding our lot at 37 Cinnamon Lane (Lot 15, Block 3,Tract 14195).However,we remind the City that a site-specific Biological Resource study (Natural Resource Consultants,August 2007)concluded that no sensitive habitat was present on the lot.The City,and it's biologist,reviewed and approved the study.It is our belief that the site characteristics have not changed since 2007.The DEIR should consider all available data when evaluating the impacts of developing single family homes. As a direct stakeholder in this process,we are available to assist in any way we can.Please contact Gary Weber if you have questions or wish assistance. ;,eCtfUII Y,~~ident York Capital Group General Partner CC:Gary Weber 11-74 To:Kit Fox Zone 2 Landslide Moratorium Ordinance Revision EIR From:Gordon Leon 38 Narcissa Dr,RPV Gordon.Leon@gmail.com January 20,2011 Project PlannRECEIVED JAN 20 2011 Scoping for Zone 2 Landslide Moratorium Ordinance Revision EIR PlANNING,BUILDING AND CODE ENFORCEMENT The initial study uses the standard EIR checklist and doe not specifically address the issues associated with the Portuguese Bend Landslide Complex.The study questions hydrology from the point-of-view of increasing ground water when the Abalone Cove Landslide Abatement District (ACLAD)pumps 300,000 gallons a day out of the ground water to reduce the risk ofland movement.It mentions landslides under Geology and Soil,but from the viewpoint of possible landslides rather than existing landslides.The following are areas that need to be assessed in the EIR. IX Hydrology and Water Quality (New)Increase in run off water can exacerbate land slide. •Need to limit impervious surfaces •Need to keep rainwater on site and release slowly e.StOlID drains •PBCA rainwater drains into Altamira Canyon and only 40%of it makes it to the ocean.The remaining 60%drops through fissures into the slip plane of the landslide.Additional uncontrolled run-off will exacerbate the landslide. o Need to limit storm drainage from lots o Need to improve Altamira Canyon drainage from Narcissa Drive to the Ocean VI Geology and Soils a)iv)Landslide Zone 2 is within the active Portuguese Bend Landslide Complex (PBLC). Extreme care must be taken in the development of new houses to protect against destabilizing the land within the PBLC. •Limit major grading •Reduce vibration from compaction,earthmovers,and trucks,etc •Reduce water into the slip plane (see Hydrology) •Protect large mature trees that reduce ground water. 11-75