CC SR 20181002 02 - Exception T Code Amendment Zone 1 Residential DevelopmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/02/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to amend Exception Category ‘T’ of Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the
Rancho Palos Verdes Municipal Code as it relates to residential development within
Zone 1 of the Landslide Moratorium Area (Case No. PLCA2018-0001)
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING EXCEPTION CATEGORY ‘T’ OF CHAPTER
15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS
AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO EXCLUDE NON-HABITABLE ACCESSORY STRUCTURES FROM
THE MAXIMUM STRUCTURE SIZE LIMITATION OF RESIDENTIAL
BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1 OF THE
LANDSLIDE MORATORIUM AREA AND TO ALLOW RESIDENTIAL
BUILDINGS AT A MAXIMUM HEIGHT OF 26’, WITH THE APPROVAL OF A
HEIGHT VARIATION PERMIT (CASE NO. PLCA2018-0001).
(2) Adopt Resolution No. 2018 - __, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO A
PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION AS IT
RELATES TO EXCEPTION CATEGORY ‘T’ ALLOWING RESIDENTIAL
DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA.
FISCAL IMPACT: There will be no fiscal impact as a result of enacting the Zone 1
Code Amendment as any applications for new residential development projects will be
offset by permit processing fees.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Senior Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___ (page A-1)
B. Resolution No. 2018- __ (page B-1)
C. Ordinance No. 577 (page C-1)
D. Conceptual Plans (page D-1)
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E. Resolution No. 2016-03 (page E-1)
F. York Point View Properties, LLC Code Amendment Request Letter (page
F-1)
G. Public Correspondence (page G-1)
H. Section 15162 of the California Environmental Quality Act (page H-1)
BACKGROUND AND DISCUSSION:
On February 2, 2016, the City Council adopted Ordinance No. 577 (Attachment C),
which amended Chapter 15.20 (Moratorium on Land Use Permits) to establish an
Exception Category ‘T’ to allow residential development with, among other things,
square footage and height limitations within Zone 1 of the Landslide Moratorium Area.
On March 7, 2018, York Point View Properties, LLC (Applicant) submitted a request to
amend Exception Category ‘T’ (Attachment F).
On September 10, 2018, a courtesy notice announcing the City Council’s review of the
proposed code amendment was sent to property owners within 500’ of the Point View
property, located at 6001 Palos Verdes Drive South only. As of the preparation of this
report, Staff received four public comments (Attachment G) in response to this notice,
which are further discussed in the ‘Public Comments’ section of this report.
Proposed Code Amendment
Chapter 15.20 of the Rancho Palos Verdes Municipal Code (RPVMC) establishes a
moratorium prohibiting the filing, processing and approval of building, grading and other
land-use permits within the City-designated Landslide Moratorium Area (LMA). RPVMC
§15.020.040 establishes exception categories from the Moratorium, based on specific
criteria, to allow certain improvements within the LMA. The Applicant’s request involves
amendments to Exception Category ‘T’. Staff worked with the Applicant in the
preparation of the proposed code amendment language, which includes an amendment
to Exception Category ‘T’ to exclude non-habitable accessory structures, which are
permitted through Exception Categories ‘I’ and ‘S’, from the 8,000ft2 maximum square
footage limitation for residential and accessory structures and to allow two-story
residential structures to be built up to a maximum height of 26’ with the approval of a
Height Variation Permit. Staff is also proposing minor wording edits, which include
capitalizing references to the City, its review processes and documents, as well as job
titles. The proposed amendment to Exception Category ‘T’ is provided below (Deleted
text in strikethrough and new text in bold/underline).
15.20.040 Exceptions
The moratorium shall not be applicable to any of the following:
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T. The construction of residential buildings, accessory structures, and grading totaling
less than 1,000 cubic yards of combined cut and fill, and including no more than 50
cubic yards of imported fill material on the two lots in Zone 1 of the "lLandslide
mMoratorium aArea" as outlined in yellow on the landslide moratorium map on file
in the dDirector's office; provided, that a lLandslide mMoratorium eException
pPermit is approved by the dDirector, and provided that the project complies with
the criteria set forth in Section 15.20.050 (Landslide Mitigation Measures
Required) of this chapter. Residential buildings and accessory structures,
excluding the square footage of non-habitable accessory structures
permitted through Exception Categories ‘I’ and ‘S’ of Section 15.20.040 of the
City’s Municipal Code, shall not exceed a maximum combined total of up to
8,000 square feet (habitable and non-habitable area), including non-habitable
structures such as garages, sheds, and barns, and shall be limited to a maximum
of 25 percent lot coverage with proper setbacks from adjacent properties as
determined through the nNeighborhood cCompatibility analysis pursuant to in
ordinance with Section 17.02.030(B) of the cCity's mMunicipal cCode and the
cCity's nNeighborhood cCompatibility hHandbook. A main residence shall not
exceed be single- two storyies and shall not exceed a maximum height of 16 26
feet, through the approval of a Height Variation Permit, pursuant to Section
17.02.040 of the City’s Municipal Code for any portion of the structure
exceeding 16’ in height and as defined by the zoning code for pad lots. Horse
keeping is permitted up to a maximum of four horses per lot. Such projects shall
qualify for a landslide moratorium exception permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary
sewer system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the
cCity aAttorney running with the land and enforceable by cCity (i) prohibiting future
subdivision of said property, (ii) acknowledging that the city makes no
representation as to the suitability of the land for development and assuming risk,
and (iii) providing for trail dedication. The property owner will work with the
dDirector to find a mutually agreeable trail alignment for connectivity to the cCity's
trail system which is vetted with trail groups and does not impact the developable
building site(s). Prior to issuance of a landslide moratorium exception permit, the
applicant shall submit to the dDirector any geological or geotechnical studies
reasonably required by the cCity to demonstrate to the satisfaction of the cCity
geotechnical staff that the proposed project will not aggravate the existing
situation.
The proposed code amendment could potentially allow for a total of 9,930ft2 of structure
area for each of the two lots within Zone 1: the 29-acre Plumtree Property and the 94-
acre Point View Property. This is based on 8,000ft2 of habitable and non-habitable
areas (garage included) already permitted through Exception Category ‘T’, as well as up
to an additional 1,930ft2 of non-habitable structure areas permitted through Exception
Categories ‘I’ and ‘S’. Exception Category ‘I’ allows for no more than 320 square feet of
temporary minor nonresidential structures. Exception Category ‘S’ allows up to 1,600ft2
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of non-habitable storage structure used for the sole purpose of storing agricultural
farming equipment on lots that have obtained a conditional use permit for the growing of
crops and/or fruits on more than one acre for commercial or non-commercial purposes.
At this time, the Plumtree Property remains vacant. The Point View Property is
improved with 5.7 acres of agricultural orchards and vineyards, a 9-hole golf course, an
event center (Catalina View Gardens) and related site improvements. In 2017, the
Director of Community Development approved a Site Plan Review with Neighborhood
Compatibility for the Point View Property to allow for the construction of a total of
1,500ft2 of non-habitable structures, consisting of agricultural equipment storage barns
and storage sheds, through Exception Categories ‘I’ and ‘S’. As such, the Point View
Property could take immediate advantage of the proposed amendments to Exception
Category ‘T’.
While no formal application has been submitted to the Planning Division for the
residential development of the Point View Property (nor the Plumtree Property), as part
of the Code Amendment request, the Applicant submitted conceptual plans for the
construction of a 7,850ft2 two-story residence, with an attached garage and detached
guest house (Attachment D). If the proposed Code Amendment is approved, the Point
View Property could be developed with the proposed improvements, plus the previously
approved 1,500ft2 of non-habitable accessory structures for a total structure area of
9,350ft2. That said, any formal submittal to develop the property would be required to
comply with all Exception Category ‘T’ requirements including, but not limited to,
conformance with development standards, geotechnical reviews and applicable trail
dedications and covenant requirements. Furthermore, any proposed modification to the
Point View Property, including the residential development of the property or the
reconfiguring of existing uses and improvements, would require a revision to the Point
View Master Use Plan Conditional Use Permit and associated environmental review,
subject to a review by the Planning Commission at a duly-noticed public hearing. It is
important to note that approval of the proposed Code Amendment will not directly grant
any entitlement to develop either of the Zone 1 properties. Rather, it only allows the
Applicant to apply for future development applications.
Response to Public Comments
In response to the public notice, City Staff received four public comments including two
from the property owners at 1 Fruit Tree Road (Ellen and Joan Wright), one from
Gordon Leon, Chair of the Portuguese Bend Architectural Committee (PBCA), and the
last comment letter from an anonymous Portuguese Bend resident. The comments
include concerns with neighborhood compatibility, compliance with PBCA development
standards, geology, anthropological/environmental conditions in the area, and future
build-out impacts.
Approval of the proposed Code Amendment will not directly grant any entitlements to
develop either of the Zone 1 properties. If the Code Amendment is approved and a
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proposal is submitted to the City under Exception Category ‘T’, an applicant would be
required to obtain all necessary approvals from the Planning Division, including a Height
Variation Permit to build up to 26’ in height. Through this permit process, a
Neighborhood Compatibility analysis will be required, as well as view and privacy
assessments. In terms of compliance with PBCA development standards, the two
properties subject to Exception ‘T’ are not located within the PBCA boundaries.
Moreover, Staff believes that the two Zone 1 lots subject to Exception Category ‘T’ are
of adequate size to accommodate the proposed structure areas, while still complying
with the established development standards of the Single-Family Residential (RS-1)
Zoning District, such as lot coverage and setback requirements. In addition, as required
by Exception Category ‘T’, prior to the issuance of a Landslide Moratorium Exception
Permit to allow the submittal of a development application to the Planning Division, an
Applicant is required to submit geological or geotechnical studies to the City to
demonstrate that a proposed project would not aggravate existing site conditions.
California Environmental Quality Act Compliance
In 2016, the City Council adopted Resolution No. 2016-03 (Attachment E), certifying a
Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan (MMP), which
determined that no significant environmental impacts would result with the adoption of
appropriate mitigation measures for the Zone 1 (Exception Category ‘T’) Code
Amendment. Pursuant to Section 15164(b) (Addendums to an EIR or Negative
Declaration) of the California Environmental Quality Act (CEQA) Guidelines, an
addendum to an adopted MND may be prepared in lieu of a subsequent CEQA
document, when none of the conditions described in Section 15162 (Attachment H)
(Subsequent EIRs and Negative Declarations) of the CEQA Guidelines have occurred.
Based upon the proposed Code Amendments, Staff believes that no new significant
environmental effects or substantial increases in the severity of impacts previously
identified in the prior MND will result. More specifically, the proposed Code Amendment
will not result in residences larger than the 8,000ft2 structures assessed under the
previously prepared MND. As proposed, the Code Amendment will allow up to an
additional 1,930ft2 of non-habitable structure areas such as agricultural storage barns
and storage sheds to apply to these two properties within Zone 1, as currently allowed
through Exception Categories ‘I’ and ‘S.’ This proposal will support existing agricultural
activities on the Point View Property, which include vineyards, vegetable gardens,
avocado and citrus orchards. In addition, the proposal to construct two-story residences
on either the Plumtree or Point View properties will not create a new significant
environmental effect, as the two lots are not located within a scenic vista, as noted in
the previously prepared MND. Furthermore, the requirement to obtain a Height Variation
Permit in order to develop the properties with a two-story residence, up to a maximum
height of 26’, will ensure that views, as observed from other properties in the area are
not significantly impaired. As none of the conditions listed in Section 15162 of the CEQA
guidelines are present, no further environmental review is necessary other than the
adoption of Addendum No. 1, which is attached to the draft Resolution.
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ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council’s consideration:
1. Direct Staff to return with modified Code language for consideration at a
future meeting, and continue the public hearing to a date certain.
2. Direct Staff to take no action at this time.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING EXCEPTION CATEGORY ‘T’
CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS)
OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO
EXCLUDE NON-HABITABLE ACCESSORY STRUCTURES
FROM THE MAXIMUM STRUCTURE SIZE LIMITATION OF
RESIDENTIAL BUILDINGS AND ACCESSORY
STRUCTURES WITHIN ZONE 1 OF THE LANDSLIDE
MORATORIUM AREA AND TO ALLOW RESIDENTIAL
BUILDINGS AT A MAXIMUM HEIGHT OF 26’, WITH THE
APPROVAL OF A HEIGHT VARIATION PERMIT (CASE NO.
PLCA2018-0001)
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code
establishing Exception Category ‘T’ under Section 15.20.040 (Exceptions) to allow two
parcels within Zone 1 of the Landslide Moratorium Area to be developed with residential
structures (Case No. ZON2015-00555); and,
WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016-
03, making certain findings related to the requirements of the California Environmental
Quality Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP) for the establishment of Exception Category ‘T’ under Section
15.20.040 (Exceptions) to allow two parcels within Zone 1 of the Landslide Moratorium
Area to be developed with residential structures; and,
WHEREAS, on March 7, 2018, the Applicant (York Point View Properties, LLC)
submitted a Code Amendment request (Case No. PLCA2018-0001) to amend Exception
Category ‘T’ to exempt non-habitable accessory structures, permitted through Exception
Categories ‘I’ and ‘S’ from the established maximum square footage limitation of 8,000ft2
for residential and accessory structures and to allow two-story residential structures up to
a maximum height of 26’ with the approval of a Height Variation Permit; and,
WHEREAS, on September 10, 2018, a courtesy notice announcing the City
Council’s review of the proposed code amendment was sent to property owners within
500’ of the Point View property located at 6001 Palos Verdes Drive South; and,
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018-
__, finding that pursuant to the provisions of the CEQA, Public Resources Code Sections
21000 et. seq. the State's CEQA Guidelines, California Code of Regulations, Title 14,
Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section
65962.5(f) (Hazardous Waste and Substances Statement), no evidence that the
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Ordinance No. ___
Page 2 of 4
proposed Code Amendment to Chapter 15.20 of the Rancho Palos Verdes Municipal
Code, as it relates to Exception Category (‘T’), will introduce new significant
environmental effects or substantially increase the severity of the environmental impacts
that previously were identified and analyzed in the certified MND for the adoption of
Exception Category (‘T’) to Section 15.20.040 (Exceptions) of the Rancho Palos Verdes
Municipal Code. Additionally, the City Council found that the project does not include
changed circumstances or new information, which were not known at the time the MND
was certified, as detailed in Addendum No. 1 of the document, which would require the
preparation of a subsequent environmental analysis pursuant to CEQA; and,
WHEREAS, on October 2, 2018, the City Council considered all testimony that
was received was made a part of the public record; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
The amendment to Title 15 adopted herein is consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that it upholds, and does not
hinder, the goals and policies of those plans. Specifically, the amendment adopted
herein will allow for residential development, which conforms to established
requirements and applicable development standards including lot coverage,
building height and setbacks within Zone 1 of the Landslide Moratorium Area and
underlying Single-Family Residential (RS-1) Zoning District.
Section 2. Section 15.20.040(T) (Exceptions) of Chapter 15.20 (Moratorium on
Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes
Municipal Code is hereby amended to read as follows:
“The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no more
than 50 cubic yards of imported fill material on the two lots in Zone 1 of the
"Landslide Moratorium Area" as outlined in yellow on the landslide moratorium
map on file in the Director's office; provided, that a Landslide Moratorium Exception
Permit is approved by the Director, and provided that the project complies with the
criteria set forth in Section 15.20.050 (Landslide Mitigation Measures Required) of
this chapter. Residential buildings and accessory structures, excluding the square
footage of non-habitable accessory structures permitted through Exception
Categories ‘I’ and ‘S’ of Section 15.20.040 of the City’s Municipal Code, shall not
exceed a maximum combined total of up to 8,000 square feet (habitable and non-
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Ordinance No. ___
Page 3 of 4
habitable area), including garages and shall be limited to a maximum of 25 percent
lot coverage with proper setbacks from adjacent properties as determined through
the Neighborhood Compatibility analysis pursuant to Section 17.02.030(B) of the
City's Municipal Code and the City's Neighborhood Compatibility Handbook. A
main residence shall not exceed two stories and shall not exceed a maximum
height of 26 feet, through the approval of a Height Variation Permit, pursuant to
Section 17.02.040 of the City’s Municipal Code for any portion of the structure
exceeding 16’ in height and as defined by the zoning code for pad lots. Horse
keeping is permitted up to a maximum of four horses per lot. Such projects shall
qualify for a landslide moratorium exception permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the
City Attorney running with the land and enforceable by City (i) prohibiting future
subdivision of said property, (ii) acknowledging that the city makes no
representation as to the suitability of the land for development and assuming risk,
and (iii) providing for trail dedication. The property owner will work with the Director
to find a mutually agreeable trail alignment for connectivity to the City's trail system
which is vetted with trail groups and does not impact the developable building
site(s). Prior to issuance of a landslide moratorium exception permit, the applicant
shall submit to the Director any geological or geotechnical studies reasonably
required by the City to demonstrate to the satisfaction of the City geotechnical staff
that the proposed project will not aggravate the existing situation.”
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
Section 4. Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 5. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
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Ordinance No. ___
Page 4 of 4
PASSED, APPROVED and ADOPTED this 2nd day of October 2018.
_________________________________
Mayor
ATTEST:
____________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. _____ passed first reading on _______, 2018, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
________, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
A-4
Resolution No. 2018-__
Page 1 of 6
RESOLUTION NO. 2018-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO A
PREVIOUSLY-ADOPTED MITIGATED NEGATIVE DECLARATION,
AS IT RELATES TO EXCEPTION CATEGORY ‘T’ AND
ASSOCIATED RESIDENTIAL DEVELOPMENT WITHIN ZONE 1 OF
THE LANDSLIDE MORATORIUM AREA.
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of Title
15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code establishing
Exception Category T’ under Section 15.20.040 (Exceptions) to allow Zone 1 of the
Landslide Moratorium Area to be developed with residential structures (Case No.
ZON2015-00555); and,
WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016-03,
making certain findings related to the requirements of the California Environmental Quality
Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP) for the establishment of Exception Category ‘T’ under Section
15.20.040 (Exceptions) to allow Zone 1 of the Landslide Moratorium Area to be developed
with residential structures; and,
WHEREAS, on March 7, 2018, the Applicant (York Point View Properties, LLC)
submitted a Code Amendment request (Case No. PLCA2018-0001) to amend Exception
Category ‘T’ to exempt non-habitable accessory structures, permitted through Exception
Categories ‘I’ and ‘S’ from the established maximum square footage limitation of 8,000ft2
for residential and accessory structures and to allow two-story residential structures, up to
a maximum 26’ in height, with the approval of a Height Variation Permit; and,
WHEREAS, pursuant to Section 15164(b) (Addendums to an EIR or Negative
Declaration) of the CEQA Guidelines, an addendum to an adopted MND may be prepared
in lieu of a subsequent CEQA document, when none of the conditions described in Section
15162 (Subsequent EIRs and Negative Declarations) of the CEQA Guidelines have
occurred; and,
WHEREAS, on September 10, 2018, a courtesy notice announcing the City
Council’s review of the proposed code amendment was sent to property owners within 500’
of the Point View property located at 6001 Palos Verdes Drive South.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The facts set forth in the recitals of this Resolution are true and correct
and are incorporated herein by references as though set forth in full.
B-1
Resolution No. 2018-__
Page 2 of 6
Section 2: The City Council deems it necessary to amend Chapter 15.20, as it
relates to Exception Category ‘T’ to exclude non-habitable accessory structures permitted
through Exception Categories ‘I’ and ‘S’ from the maximum structure size limitation of
residential buildings and accessory structures within Zone 1 of the Landslide Moratorium
Area and to allow residential buildings to be built at two-stories up to a maximum height of
26’, with the approval of a Height Variation Permit.
Section 3: The City Council hereby finds that pursuant to the provisions of the
CEQA, Public Resources Code Sections 21000 et. seq. the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), no evidence that the proposed Code Amendment to Chapter 15.20 of the
Rancho Palos Verdes Municipal Code, as it relates to Exception Category ‘T’, will introduce
new significant environmental effects or substantially increase the severity of the
environmental impacts that previously were identified and analyzed in the certified MND for
the adoption of Exception Category ‘T’ to Section 15.20.040 (Exceptions) of the Rancho
Palos Verdes Municipal Code. Additionally, the project does not include changed
circumstances or new information, which were not known at the time the MND was
certified, as detailed in Addendum No. 1 of the document, which would require the
preparation of a subsequent environmental analysis pursuant to CEQA.
Section 4 For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council of
the City of Rancho Palos Verdes hereby adopts Addendum No. 1 of a MND as described
in the attached Exhibit ‘A’.
Section 5: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
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Resolution No. 2018-__
Page 3 of 6
PASSED, APPROVED, AND ADOPTED this 2nd day of October 2018.
_________________________________
Mayor
ATTEST:
____________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2018-__, was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on October 2, 2018.
__________________________________
City Clerk
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Resolution No. 2018-__
Page 4 of 6
EXHIBIT “A”
ADDENDUM NO. 1
MITIGATED NEGATIVE DECLARATION
FOR THE ZONE 1 LANDSLIDE MORATORIUM ORDINANCE REVISIONS
(CASE NO. ZON2015-00555)
Project Background: On February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of Title
15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code establishing
Exception Category ‘T’ under Section 15.20.040 (Exceptions) to allow Zone 1 of the
Landslide Moratorium Area to be developed with residential structures (Case No.
ZON2015-00555).
On January 19, 2016, the City Council had previously adopted Resolution No. 2016-03,
making certain findings related to the requirements of the California Environmental Quality
Act adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the
Code Amendment to Chapter 15.20 as it relates to Exception Category ‘T’. In adopting the
Mitigated Negative Declaration, the City Council found: 1) that there would be no significant
adverse environmental impacts resulting from the development; and 2) that the impacts
identified in the Initial Study could be mitigated through incorporation of mitigation
measures to reduce any adverse impacts to adjacent properties, and therefore, upon the
environment.
On March 7, 2018, the Applicant (York Point View Properties, LLC) submitted a Code
Amendment request (Case No. PLCA2018-0001) to amend Chapter 15.20 of the Rancho
Palos Verdes Municipal Code, as it relates to Exception Category ‘T’ to exclude non-
habitable accessory structures permitted through Exception Categories ‘I’ and ‘S’ from the
maximum structure size limitation of residential buildings and accessory structures within
Zone 1 of the Landslide Moratorium Area and to allow residential buildings to built up to
two-stories, at a maximum height of 26’, with the approval of a Height Variation Permit.
Proposed Amendments: Provided below is the proposed Code Amendments to Exception
Category (‘T’). The proposed deleted text are shown in strikethrough text, and the
proposed added text are shown in bold/underline text:
15.20.040 Exceptions
The moratorium shall not be applicable to any of the following:
T. The construction of residential buildings, accessory structures, and grading totaling
less than 1,000 cubic yards of combined cut and fill, and including no more than 50 cubic
yards of imported fill material on the two lots in Zone 1 of the "lLandslide mMoratorium
aArea" as outlined in yellow on the landslide moratorium map on file in the dDirector's
office; provided, that a lLandslide mMoratorium eException pPermit is approved by the
dDirector, and provided that the project complies with the criteria set forth in Section
15.20.050 (Landslide Mitigation Measures Required) of this chapter. Residential buildings
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Resolution No. 2018-__
Page 5 of 6
and accessory structures, excluding the square footage of non-habitable accessory
structures permitted through Exception Categories ‘I’ and ‘S’ of Section 15.20.040 of
the City’s Municipal Code, shall not exceed a maximum combined total of up to 8,000
square feet (habitable and non-habitable area), including non-habitable structures such as
garages, sheds, and barns, and shall be limited to a maximum of 25 percent lot coverage
with proper setbacks from adjacent properties as determined through the nNeighborhood
cCompatibility analysis pursuant to in ordinance with Section 17.02.030(B) of the cCity's
mMunicipal cCode and the cCity's nNeighborhood cCompatibility hHandbook. A main
residence shall not exceed be single- two storyies and shall not exceed a maximum
height of 16 26 feet, through the approval of a Height Variation Permit, pursuant to
Section 17.02.040 of the City’s Municipal Code for any portion of the structure
exceeding 16’ in height and as defined by the zoning code for pad lots. Horse keeping is
permitted up to a maximum of four horses per lot. Such projects shall qualify for a landslide
moratorium exception permit only if all applicable requirements of this code are satisfied,
and the parcel is served by a sanitary sewer system. Those who take advantage of this
exception category shall, prior to development, record a covenant on the subject property
in a form approved by the cCity aAttorney running with the land and enforceable by cCity
(i) prohibiting future subdivision of said property, (ii) acknowledging that the city makes no
representation as to the suitability of the land for development and assuming risk, and (iii)
providing for trail dedication. The property owner will work with the dDirector to find a
mutually agreeable trail alignment for connectivity to the cCity's trail system which is vetted
with trail groups and does not impact the developable building site(s). Prior to issuance of a
landslide moratorium exception permit, the applicant shall submit to the dDirector any
geological or geotechnical studies reasonably required by the cCity to demonstrate to the
satisfaction of the cCity geotechnical staff that the proposed project will not aggravate the
existing situation.
Purpose: This Addendum to the previously approved MND is being prepared pursuant to
Section 15164 of the CEQA Guidelines, which allows for the lead agency to prepare an
addendum to an adopted MND if only minor technical changes or additions are necessary
or none of the conditions described in Section 15162 calling for the preparation of a
subsequent Environment Impact Report or Negative Declaration have occurred. Pursuant
to the CEQA, Section 15162, no subsequent MND shall be prepared for the project unless
the lead agency determines, on the basis of substantial evidence in light of the whole
record, one or more of the following:
1. Substantial changes are proposed in the project that will required major revisions of
the previous MND due to the involvement of new, significant environmental effects
or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will required major revisions of the previous MND due to
the involvement of new significant environmental effects or a substantial increase in
the severity or previously identified significant effects; or,
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Resolution No. 2018-__
Page 6 of 6
3. New information of substantial importance identifies one or more significant effects
not discussed in the previous MND, significant effects previously examined will be
substantially more severe than shown in the previous MND, mitigation measures or
alternative previously found not to be feasible or not analyzed in the MND would be
feasible and would substantially reduce one or more significant effects but the
project proponents decline to adopt a measure or alternative.
Findings Regarding the Proposed Project Revisions: The City Council has
independently reviewed this item and determined that the proposed Code Amendments to
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code establishing Exception Category ‘T’ under
Section 15.20.040 (Exceptions) do not constitute a substantial change to the approved
MND. More specifically, the proposed Code Amendment will not result in residences larger
than the 8,000ft2 structures assessed under the previously prepared MND. As proposed,
the Code Amendment will allow up to an additional 1,930ft2 of non-habitable structure
areas such as agricultural storage barns and storage sheds already permitted through
Exception Categories ‘I’ and ‘S.’ This proposal will support existing agricultural activities on
the Point View Property, which include vineyards, vegetable gardens, avocado and citrus
orchards. In addition, the proposal to construct two-story residences on either the Plumtree
or Point View properties will not create a new significant environmental effect, as the two
lots are not located within a scenic vista, as noted in the previously prepared MND.
Furthermore, the requirement to obtain a Height Variation Permit in order to develop the
properties with a two-story residence will ensure that views, as observed from other
properties in the area are not significantly impaired.
Therefore, pursuant to the CEQA, the City Council finds that the proposed Code
Amendments are within the scope of the previously approved MND that was prepared and
adopted in conjunction with the Zone 1 Landslide Moratorium Ordinance Revisions
(ZON2015-00555), which was approved by the City Council on January 16, 2016. As a
result, no further environmental review is necessary other than the adoption of this
Addendum No. 1.
B-6
ORDINANCE NO. 577
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
AMENDMENTS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER
15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO
ESTABLISH AN EXCEPTION
CATEGORY ("T") TO ALLOW RESIDENTIAL
DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA.
WHEREAS, on March 3, 2015, the City Council considered a Code Amendment
Initiation Request (CAIR) to create an exception category that would allow vacant undeveloped
parcels within Zone 1 of the Landslide Moratorium Area to be developed with single-family
residences. After considering the record and public testimony, the City Council directed Staff to
bring back an item on a future agenda to allow the development of one (1) single-family
residence per 25-acre lot through an exception category on properties located within Zone 1;
and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by
incorporating mitigation measures into the Negative Declaration, there is no substantial
evidence that the approval of Planning Case No. ZON2015-00555) would result in a significant
adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was
prepared and circulated for public review for thirty (30) days between December 3, 2015 and
January 11, 2016, and notice of that fact was given in the manner required by law; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, the City Council conducted a public hearing on January 19, 2016, at which
time all interested parties were given an opportunity to be heard and present evidence
regarding the proposed revisions to Chapter 15.20 as set forth in the City Council Staff Report
and Mitigated Negative Declaration; and,
WHEREAS, at its January 19, 2016, meeting, after hearing public testimony, the City
Council adopted Resolution No. 2016-03, making certain findings related to the requirements of
the California Environmental Quality Act (CEQA) and adopting a Mitigated Negative Declaration
and Mitigation Monitoring Program for the proposed project; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the further amendments
to Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the amendments to Chapter 15.20 of Title 15
of the Municipal Code are consistent with the Rancho Palos Verdes General Plan in that they
uphold, and do not hinder, the goals and policies of those plans, while limiting the potential
impacts resulting from such use upon landslide movement, soil stability and public safety within
and adjacent to the Landslide Moratorium Area.
01203.0001/282942.1
C-1
Section 3: The City Council further finds that there is no substantial evidence that
the amendments to Chapter 15.20 of Title 15 of the Municipal Code would result in significant
environmental effects or a substantial increase in the severity of such effects. The City Council
considered the Mitigated Negative Declaration prior to making its decision regarding the code
amendments contemplated herein.
Section 4: The City Council further finds that the amendments to Chapter 15.20 of
Title 15 of the Municipal Code will continue to protect the public health, safety, and general
welfare in the area.
Section 5: Based upon the foregoing, Paragraph T of Section 15.20.040 of Chapter
15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows:
The moratorium shall not be applicable to any of the following:
A. Maintenance of existing structures or facilities which do not increase the land coverage
of those facilities or add to the water usage of those facilities;
B. Replacement, repair or restoration of a residential building or structure which has been
damaged or destroyed due to one of the following hazards, provided that a landslide
moratorium exception permit is approved by the director, and provided that the project
complies with the criteria set forth in Section 15.20.050 of this chapter:
1. A Geologic Hazard. Such structure may be replaced, repaired or restored to
original condition; provided, that such construction shall be limited to the same
square footage and in the same general location on the property and such
construction will not aggravate any hazardous geologic condition, if a hazardous
geologic condition remains. Prior to the approval of a landslide moratorium
exception permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation. The applicant shall comply with any
requirements imposed by the city's geotechnical staff and shall substantially
repair the geologic condition to the satisfaction of the city geotechnical staffprior
to the issuance of a final building permit. Upon application to the director,
setbacks may conform to the setbacks listed below:
Minimum Setback Standards
Front Interior side Street side F Rear
r_r,w.......rwr.....:.:.........w.w..:.M.:...:.... .M....w..w.....^....v....xV.._...:.a:...M.:.V...._............M._ .._.............w.V..w:..Mw:.:.....4..:.:H....w......V.. ......A.........r..w.. w.Y,..........A.r........N....... N......H........,..,.
20 5 10 15
2. A Hazard Other Than a Geologic Hazard. Such structure may be replaced,
repaired or restored to original condition; provided, that such construction shall
be limited to the same square footage and in the same general location on the
property and such construction will not aggravate any hazardous condition, if a
hazardous condition remains. Prior to the approval of a landslide moratorium
exception permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
01203.0001/282942.1
Ordinance No. 577
Page 2 of 10
C-2
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation. Upon application to the director, setbacks may
conform to the setbacks listed in subsection (B)(1) of this section;
C. Building permits for existing structures which were constructed prior to October 5, 1978,
for which permits were not previously granted, in order to legalize such structure(s).
Such permits may only be granted if the structure is brought into substantial compliance
with the Uniform Building Code;
D. The approval of an environmental assessment or environmental impact report for a
project as to which the city or redevelopment agency is the project applicant;
E. Projects that are to be performed or constructed by the city or by the Rancho Palos
Verdes redevelopment agency to mitigate the potential for landslide or to otherwise
enhance public safety;
F. Remedial grading to correct problems caused by landslide or to otherwise enhance
public safety, performed pursuant to a permit issued pursuant to Section
17.76.040(8)(3) of this Code;
G. Geologic Investigation Permits. Prior to the approval of such a permit, the applicant
shall submit to the director any geological or geotechnical studies reasonably required
by the city to demonstrate to the satisfaction of the city geotechnical staff that the
proposed investigation will not aggravate the existing situation;
H. Minor projects on a lot that is in the "landslide moratorium area," as outlined in red on
the landslide moratorium map on file in the director's office, and currently is developed
with a residential structure or other lawfully existing nonresidential structure and involves
an addition to an existing structure, enclosed patio, conversion of an existing garage to
habitable space or construction of a permanent attached or detached accessory
structure and does not exceed a cumulative project(s) total of one thousand two
hundred square feet per parcel; provided that a landslide moratorium exception permit is
approved by the director and provided that the project complies with the criteria set forth
in Section 15.20.050 and does not include any additional plumbing fixtures, unless the
lot is served by a sanitary sewer system. The one thousand two hundred square foot
limitation on cumulative projects that can be approved on a lot pursuant to this
subsection includes the construction of a new garage, which can be approved pursuant
to subsection L of this section. November 5, 2002, is the date that shall be used for
determining the baseline square footage, based upon city and county building permit
records, for purposes of calculating the square footage of any cumulative project(s) and
of any additions that may be constructed pursuant to this subsection. Minor projects
involving the construction of an enclosed permanent detached accessory structure,
which are located in an area that is not served by a sanitary sewer system, shall include
a requirement that a use restriction covenant, in a form acceptable to the city, that
prevents the enclosed permanent detached accessory structure from being used as a
separate dwelling unit shall be recorded with the Los Angeles County register-recorder.
Such covenant shall be submitted to the director prior to the issuance of a building
permit. Prior to the approval of a landslide moratorium exception permit for such minor
projects, the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
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Ordinance No. 577
Page 3 of 10
C-3
staff that the proposed project will not aggravate the existing situation;
I. Construction or installation of temporary minor nonresidential structures which are no
more than three hundred twenty square feet in size, with no plumbing fixtures and which
do not increase water use, may be approved by the director. If the lot is served by a
sanitary sewer system, the permit may allow the installation of plumbing fixtures. All
permits shall include a requirement that a use restriction covenant, in a form acceptable
to the city which prevents the structure from being used for any purpose other than a
nonhabitable use, is recorded with the Los Angeles County registrar-recorder. A minor
nonresidential structure is defined as temporary if the Building Code does not require it
to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not
be erected upon or attached to such a foundation. Prior to approval of the application,
the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation;
J.Submittal of a lot-line adjustment application;
K. Minor projects on a lot that is in the "landslide moratorium area,"as outlined in blue on
the landslide moratorium map on file in the director's office, and currently is developed
with a residential structure or other lawfully existing nonresidential structure and involves
an addition to an existing structure, enclosed patio, conversion of an existing garage to
habitable space or construction of a permanent attached or detached accessory
structure and does not exceed a cumulative project(s) total of one thousand two
hundred square feet per parcel;provided that a landslide moratorium exception permit is
approved by the director and provided that the project complies with the criteria set forth
in Section 15.20.050 and does not include any additional plumbing fixtures, unless the
lot is served by a sanitary sewer system. The one thousand two hundred square foot
limitation on cumulative projects that can be approved on a lot pursuant to this
subsection includes the construction of a new garage, which can be approved pursuant
to subsection L of this section. November 5, 2002, is the date that shall be used for
determining the baseline square footage, based upon city and county building permit
records, for purposes of calculating the square footage of any cumulative project(s) and
of any additions that may be constructed pursuant to this subsection. Minor projects
involving the construction of an enclosed permanent detached accessory structure,
which are located in an area that is not served by a sanitary sewer system, shall include
a requirement that a use restriction covenant, in a form acceptable to the city, that
prevents the enclosed permanent detached accessory structure from being used as a
separate dwelling unit shall be recorded with the Los Angeles County register-recorder.
Such covenant shall be submitted to the director prior to the issuance of a building
permit. Prior the approval of a landslide moratorium exception permit for such minor
projects, the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation;
L.Construction of one attached or detached garage per parcel that does not exceed an
area of six hundred square feet, without windows or any plumbing fixtures, on a lot that
currently is developed with a residential structure or other lawfully existing nonresidential
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Ordinance No. 577
Page 4 of 10
C-4
structure; provided that a landslide moratorium exception permit is approved by the
director, and provided that the project complies with the criteria set forth in Section
15.20.050. If the lot is served by a sanitary sewer system, the permit may allow the
installation of windows and plumbing fixtures in the garage. The approval of a landslide
moratorium exception permit for such a project shall be conditioned to require that a use
restriction covenant, in a form acceptable to the city, that prevents the garage from
being used for any purpose other than parking of vehicles and storage of personal
property is recorded with the Los Angeles County registrar-recorder. Such covenant
shall be submitted to the director prior to the issuance of a building permit. Prior to the
approval of a landslide moratorium exception permit for such garage, the applicant shall
submit to the director any geological or geotechnical studies reasonably required by the
city to demonstrate to the satisfaction of the city's geotechnical staff that the proposed
project will not aggravate the existing situation;
M. Submittal of applications for discretionary planning permits for structures or uses which
are ancillary to the primary use of the lot or parcel, where there is no possibility of any
adverse impact upon soil stability. Examples of these types of applications include
special use permits for minor, temporary uses and events; fence, wall and hedge
permits that do not involve grading or the construction of retaining walls; permits for the
keeping of large domestic animals and exotic animals; conditional use permits for the
establishment of a use or activity at or on an existing structure where no structural
modifications are required; and such other uses, activities and structures that the city
geotechnical staff determines to have no potential for adverse impacts on landslide
conditions;
N. Minor projects on those lots which are currently developed with a residential structure,
which do not involve new habitable space, which cannot be used as a gathering space
and viewing area, and which do not constitute lot coverage;
0. Permits issued pursuant to Section 15.20.110 of this chapter to connect existing
structures with functional plumbing fixtures to an operational sewer system;
P.The construction of residential buildings, accessory structures, and minor grading (as
defined in Section 17.76.040(B)(1) of the Rancho Palos Verdes Municipal Code) in Zone
2 of the "landslide moratorium area" as outlined in green on the landslide moratorium
map on file in the director's office; provided, that a landslide moratorium exception
permit is approved by the director, and provided that the project complies with the
criteria set forth in Section 15.20.050 of this chapter. Such projects shall qualify for a
landslide moratorium exception permit only if all applicable requirements of this code are
satisfied, and the parcel is served by a sanitary sewer system. If the director of public
works determines that the sanitary sewer system cannot accommodate the project at
the time of building permit issuance, the project shall be connected to a city-approved
holding tank system until such time as the sanitary sewer system can accommodate the
project. In such cases, once the sanitary sewer system becomes available to serve the
project, as determined by the director of public works, the holding tank system shall be
removed, and the project shall be connected to the sanitary sewer system. Prior to the
issuance of a landslide moratorium exception permit, the applicant shall submit to the
director any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed project
will not aggravate the existing situation.
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C-5
Q. Non-remedial grading, up to a cumulative maximum total of 50 cubic yards of grading
per legal lot, on lots developed with a residential structure or other lawfully existing non-
residential structure, provided that the grading is balanced on site with no imported
material and provided the appropriate geological or geotechnical studies are submitted
to demonstrate to the satisfaction of the city's geotechnical staff that the proposed
grading will not aggravate the existing landslide situation.
R. The construction of a barn or other similar non-habitable structure(s) used for the sole
purpose of housing animals on lots that are currently legally developed with a residential
structure. Said non-habitable structures shall only be permitted on lots that are served
by a sanitary sewer system, shall not exceed a maximum roofed area of 1,600 square
feet, and shall not count against the 1,200 square foot limitation set forth in Paragraphs
H' and 'K' of this Section. A use restriction covenant, in a form acceptable to the City
Attorney, which prevents the structure from being used for any purpose other than a
non-habitable use for animal keeping, shall be recorded with the Los Angeles County
Registrar-Recorder against the title to said property. Said non-habitable structures shall
be constructed and maintained so that the structure(s), and all interior spaces of said
structure(s), are not fully enclosed and at least one wall along one exterior façade is
open to the air at all times. Prior to approval of an application, the applicant shall submit
to the director any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed non-
habitable structure will not aggravate the existing situation;
S. The installation or construction of a non-habitable storage structure used for the sole
purpose of storing agricultural farming equipment on lots that have obtained a
Conditional Use Permit for the growing of crops and/or fruits on more than one (1) acre
for commercial or non-commercial purposes. Said non-habitable structure(s) shall not
exceed a cumulative maximum square footage or roofed area of 1,600 square feet, shall
only be permitted on lots that are served by a sanitary sewer system, and shall not
count against the 1,200 square foot limitation set forth in Paragraphs 'H' and 'K' of this
Section. A covenant which prevents the structure from being used for any purpose other
than a non-habitable use for storing agricultural farming equipment, in a form approved
by the City Attorney and enforceable by the City, shall be recorded with the Los Angeles
County Registrar-Recorder against the title to said property, prior to Building Permit
issuance. Said structures shall be constructed and maintained as non-habitable
structures and shall be removed if an approved Conditional Use Permit ceases and a
commercial or non-commercial agricultural use no longer remains on said property.
Prior to approval of an application, the applicant shall submit to the director any
geological or geotechnical studies required by the city to demonstrate to the satisfaction
of the city geotechnical staff that the proposed non-habitable structure will not aggravate
the existing situation;
T. The construction of residential buildings, accessory structures, and grading totaling less
than 1,000 cubic yards of combined cut and fill, and including no more than 50 cubic
yards of imported fill material on the two lots in Zone 1 of the "landslide moratorium area"
as outlined in yellow on the landslide moratorium map on file in the director's office;
provided, that a Landslide Moratorium Exception Permit is approved by the director, and
provided that the project complies with the criteria set forth in Section 15.20.050
Landslide Mitigation Measures Required) of this chapter. Residential buildings and
accessory structures shall not exceed a maximum combined total of up to 8,000 square
feet (habitable and non-habitable area), including non-habitable structures such as
garages, sheds, and barns, and shall be limited to a maximum of 25% lot coverage with
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Page 6 of 10
C-6
proper setbacks from adjacent properties as determined through the Neighborhood
Compatibility Analysis in ordinance with Section 17.02.030(B) of the City's Municipal
Code and the City's Neighborhood Compatibility Handbook. A main residence shall be
single-story and not exceed a maximum height of 16'-0" as defined by the Zoning Code
for pad lots. Horse keeping is permitted up to a maximum of 4 horses per lot. Such
projects shall qualify for a Landslide Moratorium Exception Permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the City
Attorney running with the land and enforceable by City(i) prohibiting future subdivision of
said property, (ii) acknowledging that the City makes no representation as to the
suitability of the land for development and assuming risk, and (iii) providing for trail
dedication. The property owner will work with the director to find a mutually agreeable
trail alignment for connectivity to the City's trail system which is vetted with trail groups
and does not impact the developable building site(s). Prior to issuance of a Landslide
Moratorium Exception Permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the City to demonstrate to the satisfaction of
the City geotechnical staff that the proposed project will not aggravate the existing
situation.
Section 6: Based upon the foregoing, Section 15.20.050 of Chapter 15.20 of Title 15
of the Rancho Palos Verdes Municipal Code is amended to read as follows:
Within the landslide moratorium area as identified in Section 15.20.020 of this chapter, the city
shall require that appropriate landslide abatement measures be implemented as conditions of
issuance of any permit issued pursuant to this chapter. With respect to proposed projects and
uses requiring a landslide moratorium exception permit pursuant to Sections 15.20.040(B), (H),
K), (L), and (P) and (T) which must satisfy all of the criteria set forth in this section, the
conditions imposed by the city shall include, but not be limited to, the following:
A. If lot drainage deficiencies are identified by the director of public works, all such
deficiencies shall be corrected by the applicant.
B. If the project involves additional plumbing fixtures, or additions of habitable space which
exceed two hundred square feet, or could be used as a new bedroom, bathroom,
laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer
system, septic systems shall be replaced with approved holding tank systems in which
to dispose of on-site waste water. The capacity of the required holding tank system shall
be subject to the review and approval of the city's building official. For the purposes of
this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room
shall not be construed to be an additional plumbing fixture. For those projects which
involve additions of less than two hundred square feet in total area and which are not to
be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall
submit for recordation a covenant specifically agreeing that the addition of the habitable
space will not be used for those purposes. Such covenant shall be submitted to the
director for recordation prior to the issuance of a building permit. For lots or parcels
which are to be served by a sanitary sewer system on or after the effective date of the
ordinance codified in this section (July 6, 2000), additional plumbing fixtures may be
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permitted and the requirement for a holding tank may be waived, provided that the lot or
parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is
approved and/or under construction but is not yet operational at the time that a project
requiring a landslide moratorium exception permit is approved, the requirement for a
holding tank may be waived, provided that the lot or parcel is required to be connected
to the sanitary sewer system pursuant to Section 15.20.110 of this chapter, or by an
agreement or condition of project approval.
C. Roof runoff from all buildings and structures on the site shall be contained and directed
to the streets or an approved drainage course.
D. If required by the city geotechnical staff, the applicant shall submit a soils report, and/or
a geotechnical report, for the review and approval of the city geotechnical staff.
E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit
for recordation a covenant agreeing to support and participate in existing or future sewer
and/or storm drain assessment districts and any other geological and geotechnical
hazard abatement measures required by the city. Such covenant shall be submitted to
the director prior to the issuance of a building permit.
F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit
for recordation a covenant agreeing to an irrevocable offer to dedicate to the city a
sewer and storm drain easement on the subject property, as well as any other
easement required by the city to mitigate landslide conditions. Such covenant shall be
submitted to the director prior to the issuance of a building permit.
G. A hold harmless agreement satisfactory to the city attorney promising to defend,
indemnify and hold the city harmless from any claims or damages resulting from the
requested project. Such agreement shall be submitted to the director prior to the
issuance of a building permit.
H. The applicant shall submit for recordation a covenant agreeing to construct the project
strictly in accordance with the approved plans; and agreeing to prohibit further projects
on the subject site without first filing an application with the director pursuant to the
terms of this chapter. Such covenant shall be submitted to the director for recordation
prior to the issuance of a building permit.
I.All landscaping irrigation systems shall be part of a water management system
approved by the director of public works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
J.If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves
the applicant's property shall be inspected to verify that there are no cracks, breaks or
leaks and, if such deficiencies are present, the sewer lateral shall be repaired or
reconstructed to eliminate them, prior to the issuance of a building permit for the project
that is being approved pursuant to the issuance of the moratorium exception permit.
K. All other necessary permits and approvals required pursuant to this code or any other
applicable statute, law or ordinance shall be obtained.
Section 7: Based on the foregoing, Section 15.20.060 of Chapter 15.20 of Title 15 of
the Rancho Palos Verdes Municipal Code is amended to read as follows:
A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H), (K), (L),
01203.0001/282942.1
Ordinance No. 577
Page 8 of 10
C-8
P), and-(Q) and (T) shall file an application for a landslide moratorium exception permit
with the director. The application shall be signed by the property owner, and shall
include the following:
1.A letter, signed by the property owner, setting forth the reason for request, as
well as a full description of the project;
2.Copies of a site plan, showing accurate lot dimensions; the location, dimensions,
and heights of all existing and proposed structures; the location of the existing
and proposed septic systems and/or holding tank systems; and the location of
the existing and/or proposed sanitary sewer system, if the site is or will be
served by a sanitary sewer system. The number of copies required shall be
determined by the director;
3.Information satisfactory to the city's geotechnical staff(including but not limited to
geological, geotechnical, soils or other reports) reasonably required by the city to
demonstrate that the proposed project will not aggravate the existing situation;
4.A fee as established by resolution of the city council;
5.If grading is proposed, a grading plan showing the topography of the lot and all
areas of project cut and fill, including a breakdown of the earthwork quantities.
B. A landslide moratorium exception permit application shall become null and void if, after
submitting the required application to the director, the application is administratively
withdrawn by the director because the application is allowed to remain incomplete by
the applicant for a period which exceeds one hundred eighty days, or if the application is
withdrawn by the applicant.
Section 8: Based on the foregoing, Section 15.20.110 of Chapter 15.20 of Title 15 of
the Rancho Palos Verdes Municipal Code is amended to read as follows:
Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red, and
green or yellow on the landslide moratorium map on file in the director's office, which is
developed with a residential structure or any other structure that contains one or more
operational plumbing fixtures and is served by a sanitary sewer system, as defined in this
chapter, shall connect such structure(s) to the sanitary sewer system within six months after the
commencement of operation of the sanitary sewer system. Either the director or the director of
public works shall determine whether a lot or parcel is served by a sanitary sewer system,
whether a structure contains one or more operational plumbing fixtures, or whether the
connection to the sewer system is performed properly, including, without limitation, removal, or
the discontinuation of the use, of any existing septic system.
Section 9: The amendments to Chapter 15.20, Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all Landslide Moratorium Exception requests
submitted after the effective date of this ordinance.
Section 10: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The
City Council hereby declares that it would have adopted this ordinance, and each and every
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
01203.0001/282942.1
Ordinance No. 577
Page 9 of 10
C-9
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
Section 11: The City Clerk shall cause this Ordinance to be posted in three (3) public
places in the City within fifteen (15) days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with
proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho
Palos Verdes.
Section 12: This Ordinance shall go into effect and be in full force and effect at 12:01
AM on the 31st day after its passage.
PASSED, APPROVED and ADOPTED this 2nd day of February 2016.
yor
ATTEST:
77/Z6a-e,
fal
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 577 passed first reading on January 19, 2016, was duly and regularly adopted
by the City Council of said City at a regular meeting thereof held on February 2, 2016, and that
the same was passed and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Dyda
NOES: None
ABSENT: None
ABSTAIN: None
17"
City Clerk
01203.0001/282942.1
Ordinance No. 577
Page 10 of 10
C-10
FCITYOFRANCHOPALOSVERDES
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk of
the City of Rancho Palos Verdes;
That on February 4, 2016, she caused to be posted the following document entitled:
ORDINANCE NO. 577, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AMENDMENTS TO THE LANDSLIDE MORATORIUM ORDINANCE
CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO
ESTABLISH AN EXCEPTION CATEGORY ("T") TO ALLOW RESIDENTIAL
DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA,a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
amity Clerk
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RESOLUTION NO. 2016-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CERTIFYING A MITIGATED NEGATIVE DECLARATION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PLANNING CASE
NO.ZON2015-00555(CODE AMENDMENT)FOR AMENDMENTS TO CHAPTER
15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY(`T')
TO ALLOW RESIDENTIAL DEVELOPMENT WITHIN ZONE 1 OF THE
LANDSLIDE MORATORIUM AREA.
WHEREAS, on March 3, 2015, the City Council considered a Code Amendment Initiation
Request(CAIR)to create an exception category that would allow vacant undeveloped parcels within
Zone 1 of the Landslide Moratorium Area to be developed with single-family residences. After
considering the record and public testimony,the City Council directed Staff to bring back an item on
a future agenda to allow the development of one(1)single-family residence per 25-acre lot through
an exception category on properties located within Zone 1; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public
Resources Code Sections 21000 et seq. ("CEQA"),the State's CEQA Guidelines,California Code of
Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, and Government
Code Section 65962.5(f)(Hazardous Waste and Substances Statement),the City of Rancho Palos
Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the
Negative Declaration, there is no substantial evidence that the approval of Planning Case No.
ZON2015-00555) would result in a significant adverse effect on the environment. Accordingly, a
Draft Mitigated Negative Declaration was prepared and circulated for public review for thirty (30)
days between December 3, 2015 and January 11, 2016, and notice of that fact was given in the
manner required by law; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, the City Council conducted a public hearing on January 19, 2016, at which time all
interested parties were given an opportunity to be heard and present evidence regarding the
proposed revisions to Chapter 15.20 as set forth in the City Council Staff Report and Mitigated
Negative Declaration; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council has independently reviewed and considered the proposed
Mitigated Negative Declaration, the public comments upon it, and other evidence before the City
Council prior to taking action on the proposed project and finds that the Mitigated Negative
Declaration was prepared in the manner required by law and that there is no substantial evidence
that, with appropriate mitigation measures, the approval of Planning Case No. ZON2015-00555
Code Amendment), would result in a significant adverse effect upon the environment.
Section 2: Planning Case No. ZON2015-00555 for the Zone 1 Landslide Moratorium
Ordinance Revisions is consistent with the Rancho Palos Verdes General Plan and with the
underlying Residential, <1 DU/acre and Residential, 1-2 DU/acre land use designations,which will
not be changed as a result of the approval of the proposed project.
Section 3: With the appropriate mitigation measures, which require Neighborhood
Compatibility Analysis for new residences; limitations on exterior illumination; imposition of City and
regional restrictions upon fugitive dust control and construction vehicle emissions; preparation of
biological surveys for properties identified as containing sensitive vegetation communities; protection
of cultural resources during grading operations;completion of geotechnical analysis of any proposed
01203.0001/282860.1
E-1
grading and construction prior to building permit issuance; imposition of fire protection requirements
upon the construction of all new structures in accordance with the City's most recently-adopted
Building Code; control and treatment of site runoff both during and after construction; limitations on
construction hours and haul routes; and connection of all new structures to the Abalone Cove Sewer
System or other approved system, the proposed project will not have a significant impact on the
environment.
Section 4: Prior to development,the owner shall record a covenant agreement running
with the land in a form approved by the City Attorney enforceable by City and (i) prohibiting future
subdivision of said property, (ii) acknowledging that the City makes no representation as to the
suitability of the land for development and assuming risk, and (iii) providing for trail dedication.
Section 5: Based upon the foregoing findings, the adoption of the proposed Mitigated
Negative Declaration is in the public interest.
Section 6: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
Section 7: For the foregoing reasons and based on the information and findings included
in the Staff Report, Environmental Assessment and other components of the legislative record, in
the proposed Mitigated Negative Declaration, and in the public comments received by the City
Council, the City Council of the City of Rancho Palos Verdes hereby certifies that the Mitigated
Negative Declaration has been prepared in compliance with CEQA and adopts the attached
Mitigation Monitoring Program(Exhibit'A')associated with Planning Case No.ZON2015-00555 for a
Code Amendment, thereby approving amendments to Chapter 15.20 (Moratorium on Land Use
Permits) of the Rancho Palos Verdes Municipal Code to establish an exception category to allow
residential development within the Landslide Moratorium Boundary Area of Zone 1.
PASSED, APPROVED, AND ADOPTED this 19th day of January 2016.
2(z., ,t
Ma
Attest:
0fr4
City Clerk
State of California
County of Los Angeles ss
City of Rancho Palos Verdes
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2016-03 was duly and regularly passed and adopted by -- ,said City Council at a
regular meeting thereof held on January 19, 2016.
City Clerk
01203.0001/282860.1
Resolution No.2016-03
Page 2 of 2
E-2
Resolution No. 2016-03
Exhibit 'A'
Mitigation Monitoring Program
Project: Case No. ZON2015-00555 (Code Amendment& Environmental Assessment)
Location:Two (2) Residential Lots in "Zone 1" of the Landslide Moratorium Area
Rancho Palos Verdes, CA 90275
Applicant: City of Rancho Palos Verdes
Landowners: York Point View Property(Parcel 1 in the Certificate of Compliance—Instrument No. 04-
2035438) and Plumtree PV Associates, LLC
TABLE OF CONTENTS
I. Introduction 2
II.Management of the Mitigation Monitoring Program 3
Roles and Responsibilities 3
Mitigation and Monitoring Program Procedures 3
Mitigation Monitoring Operations 4
III. Mitigation Monitoring Program Checklist 4
IV. Mitigation Monitoring Summary Table 5
Mitigation Monitoring Program
Exhibit A- Page 1 Resolution No. 2016-03
E-3
I. INTRODUCTION
PURPOSE
This Mitigation Monitoring Program (MMP) is to allow the following project, located at within "Zone 1" of the
City's Landslide Moratorium Area: The proposed "Zone 1 Landslide Moratorium Ordinance Revision"would
create a new exception category in the City's Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho
Palos Verdes Municipal Code) to allow the residential development of any privately owned legal lots greater
than 25 acres in area ("two(2)subject lots") located within in Zone 1 of the City's Landslide Moratorium Area.
The proposed revision to the Landslide Moratorium Ordinance includes the addition of subsection T to Section
15.20.040 (Exceptions), described as follows:
The construction of residential buildings, accessory structures, andgrading totaling less than 1,000 cubic yards
of combined cut and fill, and including no more than 50 cubic yards of imported fill material on the two lots in
Zone 1 of the "landslide moratorium area"as outlined in yellow on the landslide moratorium map on file in the
director's office; provided, that a Landslide Moratorium Exception Permit is approved by the director, and
provided that the project complies with the criteria set forth in Section 15.20.050 (Landslide Mitigation
Measures Required) of this chapter. Residential buildings and accessory structures shall not exceed a
maximum combined total of up to 4,000 square feet(habitable and non-habitable area), including non-habitable
structures such as garages, sheds, and barns, and shall be limited to a maximum of 25%lot coverage. Horse
keeping is permitted up to a maximum of 4 horses per lot. Such projects shall qualify for a Landslide
Moratorium Exception Permit only if all applicable requirements of this code are satisfied, and the parcel is
served by a sanitary sewer system. Those who take advantage of this exception category shall agree to record
a covenant on the subject property which would prohibit future subdivision of said property. Prior to issuance of
a Landslide Moratorium Exception Permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation.
Non-substantive revisions to the Landslide Moratorium Ordinance that are proposed include the addition of
cross-references to the new subsection T and the map of Zone 1 in Sections 15.20.050 (Landslide Mitigation
Measures Required), 15.20.060 (Application) and 15.20.110 (Required Connection to Operational Sanitary
Sewer System).
The MMP responds to Section 21081.6 of the Public Resources Code, which requires a lead or responsible
agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant
environmental effects, to adopt a"reporting or monitoring program for adopted or required changes to mitigate
or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the
project.
An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of
the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or
avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation
reporting or monitoring program is required to ensure that the adopted mitigation measures under the
jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative
Declaration.
Mitigation Monitoring Program
Exhibit A- Page 2 Resolution No. 2016-03
E-4
ENVIRONMENTAL PROCEDURES
This MMP has been prepared in accordance with the California Environmental Quality Act of 1970(CEQA), as
amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of
CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP
complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for
implementation of CEQA.
MITIGATION MONITORING PROGRAM REQUIREMENTS
Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision(a)
of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of
Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project
which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on
the environment. The reporting or monitoring program shall be designed to ensure compliance during project
implementation. For those changes which have been required or incorporated into the project at the request of
an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so
requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program."
II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM
ROLES AND RESPONSIBILITIES
The MMP for the project will be in place through all phases of the project including final design, pre-grading,
construction, and operation. The City will have the primary enforcement role for the mitigation measures.
MITIGATION MONITORING PROGRAM PROCEDURES
The mitigation monitoring procedures for this MMP consists of,filing requirements, and compliance verification.
The Mitigation Monitoring Checklist and procedures for its use are outlined below.
Mitigation Monitoring Program Checklist
The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the
Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the
method of verification of compliance; the timing of verification; the department or agency responsible for
implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist.
Mitigation Monitoring Program Files
Files shall be established to document and retain the records of this MMP. The files shall be established,
organized, and retained by the City of Rancho Palos Verdes Community Development Department.
Compliance Verification
The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of
Rancho Palos Verdes Community Development Director. The compliance verification section of the MMP
Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a
mitigation measure is completed.
Mitigation Monitoring Program
Exhibit A- Page 3 Resolution No. 2016-03
E-5
MITIGATION MONITORING OPERATIONS
The following steps shall be followed for implementation, monitoring, and verification of each mitigation
measure:
1. The City of Rancho Palos Verdes, Community Development Director shall designate a party
responsible for monitoring of the mitigation measures.
2. The City of Rancho Palos Verdes, Community Development Director shall provide to the party
responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the
mitigation measures for which the person is responsible and other pertinent information.
3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification
column of the MMP Checklist for the appropriate mitigation measures.
Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase,
unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of
Rancho Palos Verdes, Community Development Director, with advice from Staff or another City department, is
responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are
refined, the Community Development Director would document the change and shall notify the appropriate
design, construction, or operations personnel about refined requirements.
III. MITIGATION MONITORING PROGRAM CHECKLIST
INTRODUCTION
This section provides the MMP Checklist for the project as approved by the City Council of the City of Rancho
Palos Verdes on January 19, 2016. Mitigation measures are listed in the order in which they appear in the
Initial Study.
Types of measures are project design, construction, operational, or cumulative.
Time of Implementation indicates when the measure is to be implemented.
Responsible Entity indicates who is responsible for implementation.
Compliance Verification provides space for future reference and notation that compliance has
been monitored, verified, and is consistent with these mitigation measures.
Mitigation Monitoring Program
Exhibit A- Page 4 Resolution No. 2016-03
E-6
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
1.AESTHETICS
AES-1: All new residences shall be subject to
neighborhood compatibility analysis under the Community
provisions of Section 17.02.030.B (Neighborhood Project Design Prior to Planning Approval Property Owner Development
Compatibility) of the Rancho Palos Verdes Department
Municipal Code.
AES-2: All new residences will be limited to a
Prior to BuildingPermitCommunity
maximum square footage established by the City Project Design Property Owner DevelopmentIssuancep
Council through the exception category. Department
AES-3: All new residences shall be subject to
the Development Standards established under the Prior to BuildingPermit Community
Project Design Property Owner DevelopmentRS-1 Zoning District (Single-Family Residential), Issuance
with a maximum net lot coverage of 25%.
Department
AES-4: All new residences and residential
structures shall be subject to the following Prior to BuildingPermit Community
Project Design Property Owner Development
setbacks: Front = 20'; Rear = 15';
Department10'; Interior Sides = 5'. p
AES-5: Exterior illumination for new residences
shall be subject to the provisions of Section Community
17.56.030(Outdoor Li htin for Residential Uses
Project Design Ongoing Property Owner DevelopmentLightingDepartment
of the Rancho Palos Verdes Municipal Code. p
AES-6: All residential lighting shall be fully
shielded, and no outdoor lighting shall be
permitted where the light source is directed toward Community
or results in direct illumination of aparcel of
Project Design Ongoing Property Owner Development
Department
property or properties other than that upon which
such light source is physically located.
2.AIR QUALITY
AIR-1:During construction, the applicant
shall be responsible for the implementation of all
Construction Prior to GradingPermit Community
Property owner Developmentdustanderosion control measures required by the Issuance
Department
Building Official. p
AIR-2:Trucks and other construction
vehicles shall not park, queue and/or idle at the Community
project sites or in the adjoiningpublic or private
Construction On-going Property owner Development
p > p Department
rights-of-way, and shall be in accordance with the
Mitigation Monitoring Program
Exhibit A- Page 5 Resolution No. 2016-03 E-7
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
permitted hours of construction stated in Section
17.56.020.B of the Rancho Palos Verdes
Municipal Code.
Mitigation Monitoring Program
Exhibit A- Page 6 Resolution No. 2016-03 E-8
MITIGATION MEASURES TYPE
TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
3.BIOLOGICAL RESOURCES
BIO-1:For lots that are identified as
containing sensitive habitat on the City's most-
recent vegetation maps and/or that abut any
portion of the current or proposed future boundary
of the Palos Verdes Nature Preserve,the applicant
shall be required to prepare a biological survey as
a part of a complete application for the
construction of a new, single-family residence.
Said survey shall identify the presence or absence CommunityConstructionandPriortoBuildingPermit
of sensitive plant and animal species on the Post-Construction Final Property owner Development
subject property, and shall quantify the direct and Department
indirect impacts of the construction of the
residence upon such species, including off-site
habitat impacts as a result of Fire Department-
mandated fuel modification. The applicant and/or
any successors in interest to the subject property
shall be required to mitigate such habitat loss
through the payment of a mitigation fee to the
City's Habitat Restoration Fund.
4.CULTURAL RESOURCES
CUL-1: Prior to the issuance of a grading permit,
the applicant shall consult with the South Central
Prior to Grading Permit Community
Coastal Information Center(SCCIC)regarding any Construction Property owner Development
known archaeological sites on or within a half-mile
Issuance Department
radius of the subject property.
CUL-2: Prior to the issuance of a grading permit,
the applicant shall conduct a Phase 1
Communityarchaeologicalsurveyoftheproperty. The survey Construction Prior to Grading Permit
Property owner Development
results shall be provided to the Director of Issuance Department
Planning, Building and Code Enforcement for
review prior to grading permit issuance.
CUL-3: Prior to the commencement of grading, CommunitytheapplicantshallretainaqualifiedpaleontologistConstructionPriortocommencementof
Property owner Development
and archeologist to monitor grading and gradingDepartment
excavation. In the event undetected buried cultural
Mitigation Monitoring Program
Exhibit A- Page 7 Resolution No. 2016-03 E-9
MITIGATION MEASURE TIME OF RESPONSIBLE COMPLIANCESTYPE
IMPLEMENTATION ENTITY VERIFICATION
resources are encountered during ggradin and
excavation, work shall be halted or diverted from
the resource area and the archeologist and/or
paleontologist shall evaluate the remains and
propose appropriate mitigation measures.
5.GEOLOGY AND SOILS
GEO-1: If required by the City geotechnical staff,
the applicant shall submit a soils report, and/or a Prior to Building Permit Community
geotechnical report,for the review and approval of
Construction
Issuance Property owner Development
p pp DepartmenttheCitygeotechnicalstaff. p
GEO-2: The applicant shall submit for recordation
a covenant agreeing to construct the project strictly
in accordance with the approved plans; and
agreeing to prohibit further projects on the subject
site without first filing an application with the Construction and Prior to Building Permit Community
Director pursuant to the terms of Chapter 15.20 of Post-Construction Issuance Property owner Development
the Rancho Palos Verdes Municipal Code. Such Department
covenant shall be submitted to the Director for
recordation prior to the issuance of a building
permit.
GEO-3: All other necessary permits and
approvals required pursuant to the Rancho Palos Prior to Building Permit Community
Verdes Municipal Code or anyother applicable
Construction
Issuance Property owner DevelopmentpppDepartmentstatute, law or ordinance shall be obtained. p
GEO-4: Prior to building permit issuance, the
applicant shall prepare an erosion control plan for
the review and approval of the Building Official. Prior to Building Permit Community
shall be responsible for continuous
Construction
Issuance Property owner DevelopmentTheapplicantpDepartmentandeffectiveimplementationoftheerosioncontrolp
plan during project construction.
Mitigation Monitoring Program
Exhibit A- Page 8 Resolution No. 2016-03 E-10
MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE
IMPLEMENTATION ENTITY VERIFICATION
6.HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: New,single-family residences and related
accessory structures shall be designed to
DuringBuilding &Safe Plan Community
incorporate all fire protection requirements of the Project Design Property owner DevelopmentCheckp
City's most recently adopted Building Code,to the Department
satisfaction of the Building Official.
7.HYDROLOGY/WATER QUALITY
HYD-1: Any development proposal located within,
adjacent to or draining into a designated
Environmentally Sensitive Area(ESA)shall require Prior to BuildingPermit Community
Project Design Property owner DevelopmentthereviewandapprovalbytheCitysLIDIssuance
Department
Ordinance consultant prior to building permit p
issuance.
HYD-2: If lot drainage deficiencies are identified
Construction and Prior to Building Permit Department of PublicbytheDirectorofPublicWorks, all such Property owner p
deficiencies shall be corrected by theapplicant.
Post-Construction Issuance Works
HYD-3: Roof runoff from all buildings and
structures on the site shall be contained and Construction and Prior to Building Permit Department of Public
directed to the streets or an approved drainage Post-Construction Issuance Property ownerpp9 Works
course.
HYD-4: All landscaping irrigation systems shall
be part of a water management system approved
Prior to BuildingPermit Department of PublicbytheDirectorofPublicWorks. Irrigation for Post-Construction Property owner p
landscaping shall bepermitted onlyas
necessaryIssuance
Works
P g
to maintain the yard and garden.
8.NOISE
NOI-1: Permitted hours and days for
construction activity are 7:00 AM to 6:00 PM,
Monday through Friday, 9:00AM to 5:00PM on
Saturday,with no construction activity permitted on
s or on the legal holidays specified in CommunitySundaysConstructionOn-Going Property owner DevelopmentSection17.96.920 of the Rancho Palos Verdes Department
Development Code.During demolition, p
construction and/or grading operations, trucks
shall not park,queue and/or idle at the project site
or in the adjoining street rights-of-way before 7AM
Mitigation Monitoring Program
Exhibit A- Page 9 Resolution No. 2016-03 E-11
MITIGATION MEASURES TIME OF RESPONSIBLE COMPLIANCETYPE
IMPLEMENTATION ENTITY VERIFICATION
Monday through Friday and before 9AM on
Saturday, in accordance with the permitted hours
of construction stated in this condition. When
feasible to do so,the construction contractor shall
provide staging areas on-site to minimize off-site
transportation of heavy construction equipment.
These areas shall be located to maximize the
distance between staging activities and
neighboring properties, subject to approval by the
building official.
Mitigation Monitoring Program
Exhibit A-Page 10 Resolution No. 2016-03 E-12
TIME OF RESPONSIBLE COMPLIANCEMITIGATIONMEASURESTYPE
IMPLEMENTATION ENTITY VERIFICATION
9.UTILITIES/SERVICE SYSTEMS
UTL-6 Prior to issuance of any building permits,
for either of the two lots ("Point View" or
Plumtree"), an Area Sewer Study shall be
submitted to the Director of Public Works for
review and approval that indicates adequate Community
capacity in both the Abalone Cove Sewer System Prior to BuildingPermit Development
and within the existing Sanitation District systems Project Design Issuance Property Owner Department&
Department of Publicexists. Should a connection to a sanitary De p
sewer system not be available, an
Works
additional CEQA analysis shall be
conducted to assess use and maintenance
of waste holding tanks.
Mitigation Monitoring Program
Exhibit A- Page 11 Resolution No. 2016-03 E-13
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From:Gabriella Yap
To:Ara Mihranian; Octavio Silva
Cc:Kit Fox
Subject:Fwd: Oct 2nd
Date:Monday, September 17, 2018 11:22:11 PM
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---------- Forwarded message ----------
From: "Ellen Wright" <ellnfly7er@gmail.com>
Date: Mon, Sep 17, 2018 at 11:08 PM -0700
Subject: Oct 2nd
To: "CC" <CC@rpvca.gov>
Dear City Council,
I am writing this to draw attention To Mr York’s request in
proposing changes that could affect our property and surrounding areas. He is
requesting changes to zone one that allows him to build, and at a height of 26’.
This we find concerning and the potential to impede-upon our property which we
have already felt with the current development of Catalina gardens. Also we are
opposed to his request to change the current permits stating Total square footage
to exclude his current buildings used for storage and potential square footage on a
potential home/house.
We of course will be directly affected and are greatly opposed to the request. We
realize that this is not a direct request by Mr York at this time but one that will
lay down the foot steps to what could prevail.
Your consideration in this matter is of great concern to us.
Respectfully,
Ellen&Joan Wright
1 Fruit Tree Rd
RPV CA
G-1
To: Director of Development and City Council
From: Gordon Leon, Chair, Portuguese Bend Architectural Committee and PBCA Resident
Subject: Landslide Moratorium Amendment
The proposed code amendment for Zone 1 is not compatible with the Portuguese Bend Community Association in
several key areas. It is logical that 25 acre lots can support larger structures than the average 1/2 acre lots in the
Portuguese Bend Community, but the overall character of the residences and accessory structures should remain in
character as I am sure that most of the lots will effectively be part of our association and use our private roads. I
propose the following changes for your consideration to maintain "Neighborhood Compatibility":
HEIGHT
The PBCA Architectural Standards require:
"2) New residences and additions to existing residences shall be of a design that will follow th
e contour of the ground and provide a low silhouette in general form. Step
down floor levels and roof planes conforming to natural grade are encouraged, as are porches a
nd terraces.
a) The California Ranch house was developed out of the turn-of-the-
century Craftsman bungalow and the period style bungalows of the twenties. The
ranch house is a single floor dwelling, low in profile, and closely related
to terraces and gardens…”
PROPOSAL: Maintain 16/20' height limitation similar to other RPV areas and allow only one story for
residential structures.
SQUARE FOOTAGE
PBCA maximum is 4000 SF for residence and accessory structures. The amended LME language adds 3200
SF to the existing 8000 SF residence and accessory buildings because other sections of the LME allow a 1600
SF barn and 1600 SF farm equipment building.
PROPOSE: Maintain an overall limit with accessory structures included to control cumulative impact on the
landslide area. This keeps the maximum area clearly stated in one section of the LME, instead of providing
loopholes hidden in multiple sections of the LME that require thorough study to interpret.
SET BACKS:
RPV only requires 5' side yard and 20' front yard setbacks for residential structures in the LME. This is not
appropriate for a 25 acre lot. PBCA requires 20' side yard and 60' front yard setbacks on 1/2 acre lots.
PROPOSAL: Encourage residential compounds to maximize setbacks from adjacent property owners, and
require a minimum of 100' setbacks.
I recommend that you send this action to the Planning Commission for thorough review prior to making a
decision to mitigate any un-intended consequence with the amended language. Thank you for your
consideration,
--
Gordon Leon
PBCA Resident
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Octavio Silva
It has been brought to our attention that there will be a code amendment on the York Point View
Properties and a City wide amendment to produce residential buildings. I strongly advise against this
and the changing the amendment. I want to have our voice herd in making sure things stay the way they
are. I can understand where the city is coming from in looking at changing this amendment. The more
possible structures the more potential tax dollars to the city. The structures create a problem and would
in my experiences open the flood gates for more structures to be built in the future. Because once
amended it is easier to amend again and again. The land is already moving and sliding having been a
resident for over 40years we have witnessed this first hand. Adding more structures jeopardizes the
foundation. I would like to also remind the council that antient artifacts have been found on the York
Point View Properties estate and I hope that no structures will be built where they have been found.
Please let it be known that we object this amendment change. For the potential noise, harm, and traffic
problems that it will create.
Portuguese bend Resident
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From:Ellen Wright
To:Octavio Silva
Subject:Oct 2nd meeting concerning code Amendment ( case No. PLC 2018-0001)
Date:Thursday, September 20, 2018 11:46:35 AM
Hello Octavio,
As per your request, my mom and I will be attending this meeting to protest Mr. York’s proposal on changing the
codes
to favor his approach to excluded his current non-habitable accessory structures from the maximum structure size
limitation of residential buildings and accessory structures
within zone 1 of the landslide moratorium area and to allow residential buildings at a maximum height of 26’
We are opposed and plan to express ourselves on this subject.
Regards,
Joan and Ellen Wright
G-4
15162. Subsequent EIRs and Negative Declarations
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the
whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will
require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the
exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration
was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would
substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the
mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR
would substantially reduce one or more significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of a
negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the
lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further
documentation.
(c) Once a project has been approved, the lead agency's role in project approval is completed, unless further
discretionary approval on that project is required. Information appearing after an approval does not require
reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs,
a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next
discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for
the project until the subsequent EIR has been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as
required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the
previous document is available and can be reviewed.
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