CC SR 20190917 01 - Zone 2 DEIR
PUBLIC HEARING
Date: September 17, 2019
Subject:
Consideration and possible action to receive and file a report on the Updated Draft
Environmental Impact Report (Draft EIR) for the Zone 2 Landslide Moratorium Ordinance
Revisions and to obtain comments from the general public and the City Council.
Recommendation:
Receive and file a report on the Updated Draft EIR for the Zone 2 Landslide Moratorium
Ordinance Revisions and to obtain comments from the general public and the City Council
regarding the Draft EIR.
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Duhovic
3. Request for Staff Report: Mayor Duhovic
4. Staff Report & Recommendation: Octavio Silva, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Duhovic
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
Cover Page
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/17/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a report on the updated draft
Environmental Impact Report (Draft EIR) for the Zone 2 Landslide Moratorium
Ordinance Revisions and to obtain comments from the general public and the City
Council
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a report on the updated Draft EIR for the Zone 2 Landslide
Moratorium Ordinance Revisions and obtain comments from the general
public and the City Council regarding the Draft EIR.
FISCAL IMPACT: There is no fiscal impact as a result of conducting a public hearing to
obtain comments from the public and City Council on the Updated Draft EIR.
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 Wilmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Notice of Preparation dated November 8, 2019 (page A-1)
B. Notice of Availability dated August 22, 2019 (page B-1)
C. Executive Summary (page C-1)
D. Public Comments (page D-1)
The updated Draft EIR is available on the City’s website at the following link:
https://www.rpvca.gov/1140/Zone-2-Non-Monks-Lots. The City Council was provided
with a link to the updated Draft EIR on August 23, 2019. A hard copy can be provided to
the City Council by contacting Staff. Hard copies are also available to view at:
City Hall, Community Development Department
Palos Verdes Peninsula Library, Miraleste Branch
Peninsula Center Library
Fred Hesse Jr. Park Community Building
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BACKGROUND AND DISCUSSION:
Development in Zone 2 of the Landslide Moratorium Area
The City’s Landslide Moratorium Area (LMA) is located within the Portuguese Bend
area of the City. The LMA was originally established in 1978 in response to potentially
unstable soil conditions and active landslide movement in an area encompassing
approximately 1,200 acres. Since 1978, development activity has been strictly limited
within the LMA. The specific restrictions imposed within the LMA are described in
Chapter 15.20 (Landslide Moratorium) of the Rancho Palos Verdes Municipal Code
(RPVMC). In general, properties in the LMA that are developed with residential
structures are permitted to make limited improvements if the City grants a Landslide
Moratorium Exception (Exception). Until 2009, new construction was not permitted on
properties in the LMA that were not previously developed with residential structures
unless a Moratorium Exclusion (Exclusion) was granted.
In 2002, a group of Portuguese Bend property owners filed an Exclusion application to
exclude their undeveloped lots within the area known as Zone 2 from the provisions of
the Landslide Moratorium. Shortly after the application was deemed incomplete for
processing, the applicants filed suit against the City (Monks v. Rancho Palos Verdes). In
December 2008, the California Court of Appeal reversed the favorable decision of the
trial court and found that the City had “taken” the plaintiffs’ property by virtue of the
adoption of Resolution No. 2002-43, which required plaintiffs and other owners of
undeveloped properties in Zone 2 to prove a zone-wide safety factor of 1.5 before
individual development applications in that area could be approved by the City.
Following the decision by the Court of Appeal, the City’s options were either to pay
damages to the plaintiffs or to remove the regulatory impediments that prevented the
development of the 16 Monks plaintiffs’ lots. Due to the potential economic impact to the
City that would arise from paying damages to the owners of the Zone 2 properties, the
City Council determined that the requirement that a zone-wide safety factor of 1.5 be
shown to exist should be removed. Accordingly, the City Council immediately rescinded
Resolution No. 2002-43.
As a result of the Monks decision, City Staff identified several alternatives in considering
a proposed code amendment. The City Council at the time directed Staff to pursue a
“two-track” parallel process, whereby a code amendment to allow development of the
16 Monks plaintiffs’ lots would be pursued immediately, followed by a similar
amendment to allow development of the other 31 undeveloped lots in Zone 2. The aerial
photograph on the next page identifies the location of 16 Monks plaintiffs’ lots along with
the 31 undeveloped lots within Zone 2.
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In September 2009, the City Council adopted Ordinance No. 498, which amended the
Landslide Moratorium Ordinance to create a new Landslide Moratorium Exception
Category P to allow the owners of the 16 Monks plaintiffs’ lots to apply for Exceptions
for the construction of new residences. In December 2009, the City Council adopted
Ordinance No. 501U, further amending the Landslide Moratorium Ordinance to allow
site grading for the development of each of the Monks plaintiffs lots not to exceed 1,000
cubic yards of combined cut and fill, and with no import in excess of 50 cubic yards. A
Mitigated Negative Declaration was certified by the City Council in conjunction with
these actions. Owners of previously developed lots in Zone 2 challenged the City
Council’s determination by filing a lawsuit (Enstedt, et al. v. City of Rancho Palos
Verdes) alleging an environmental impact report should have been prepared instead of
a Mitigated Negative Declaration. The City and the attorneys for the Monks plaintiffs
defended the City’s action, and the Superior Court ruled in the City’s favor. The
challengers filed an appeal, but the lawsuit was settled, and the appeal was dismissed.
As of August 2019, eight Monks plaintiffs’ lots have been developed with residences
and ancillary improvements, with three additional lots currently under construction. In
addition, the owner of one lot is pursuing building permit issuance while the owners of
the remaining four lots have obtained Exceptions that have subsequently expired.
In October 2009, the City commenced the processing of a further revision to the
Landslide Moratorium Ordinance to allow for the future development of the remaining 31
undeveloped lots in Zone 2. At that time, the City and its environmental consultant,
Rincon Consultants, began the California Environmental Quality Act (CEQA) review of
the Zone 2 Landslide Moratorium Ordinance revision, which proposed to expand
Exception Category P to include the development of the 31 undeveloped lots, thereby
allowing 47 undeveloped lots in Zone 2 to be developed with single-family residences.
As a result of the CEQA review, in January 2011, the City distributed an Initial Study,
accompanied by a Notice of Preparation of an Environmental Impact Report (EIR). In
September 2012, the Draft EIR was made available to the public for review during the
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60-day public comment period, which concluded in November 2012. Over the course of
the next year, the City, along with Rincon Consultants, completed a review and analysis
of the public comments received on the Draft EIR.
In March 2014, the Final EIR was completed. In April 2014, the Final EIR was presented
to the City Council for certification, as was the approval of the proposed Code
Amendment to expand Exception Category P. The City Council continued the public
hearing to the following month to allow additional time for the public to submit comments
on the proposed Zone 2 Landslide Moratorium Ordinance Revisions. In May 2014, the
City Council continued the public hearing to June 2014, to allow City Staff and the City’s
consultants to address additional comments made by the public and issues raised by
the City Council. In June 2014, the City Council continued the public hearing to August
2014 to accommodate the time and resources needed to review and address the public
comments on the Final EIR. On August 5, 2014, the City Council, after considering
evidence introduced in the record, tabled the certification of the Final EIR and the
adoption of the proposed Landslide Moratorium Ordinance Revisions.
In November 2015, another lawsuit challenging the City’s regulation of new
development in Zone 2 (Parks v. City of Rancho Palos Verdes) was filed by another
group of property owners seeking to build on their vacant lots.1 Their petition alleged
there was no justification for allowing the Monks property owners to build on their lots
but not the other owners of vacant lots in Zone 2. The Parks plaintiffs lost at the trial
court level largely on procedural grounds, and the trial court’s favorable ruling was
affirmed by a published appellate opinion on September 6, 2018.2
In November 2018, the City Council awarded a professional services agreement to
Rincon Consultants (Rincon) to prepare and recirculate an updated Draft EIR for the
proposed Zone 2 Landslide Moratorium Ordinance Revisions. The City re -initiated the
process to allow all property owners in Zone 2 to develop their properties based on
Exception Category P development criteria because several of the Monks lots had been
developed or were in the process of being developed, which would allow the City to
more accurately assess how the changed conditions in Zone 2 affect the surrounding
environment.
Proposed Landslide Moratorium Ordinance Revisions
A code amendment is being considered that would amend Exception Category P of the
City’s Landslide Moratorium Ordinance to allow for the future submittal of Exception
applications for 31 undeveloped lots within Zone 2 of the LMA. The development criteria
for these lots would be consistent with existing Exception Category P requirements,
which include the following:
1 The case name subsequently changed to Black, et al. v. City of Rancho Palos
Verdes, as the Parks plaintiffs pulled out of the case.
2 Black, et al. v. City of Rancho Palos Verdes, California Court of Appeal Case
No. B285935.
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31 single-story, ranch-style residences with attached or detached three-car
garages, with minimum living area of 1,500 square feet and maximum living area
of 4,000 square feet or 15% of gross lot area, whichever is less;
Less than 1,000 cubic yards of grading (cut and fill combined) per lot, with no
more than 50 cubic yards of imported fill and up to 1,000 cubic yards of export
per lot;
Maximum 25% (RS-1) or 40% (RS-2) net lot coverage;
Maximum building height of 16 feet for residences and 12 feet for detache d
accessory structures;
Minimum front setbacks of 20 feet, minimum rear setbacks of 15 feet, minimum
street-side setbacks of 10 feet, and minimum interior side setbacks of 5 feet, with
setbacks along private street rights-of-way measured from the easement line
rather than the property line; and
No subdivision of existing lots within Zone 2.
Updated Draft EIR: Preparation & Availability
The City and Rincon re-initiated the environmental review process by circulating a
Notice of Preparation (NOP) on November 8, 2019 (Attachment A), which provided for a
30-day public scoping period. The purpose of the NOP was to formally indicate that the
City was preparing an updated Draft EIR for recirculation on the proposed Zone 2
Landslide Moratorium Ordinance Revisions, which covered the same environmental
impact areas that were previously analyzed in the original Draft EIR circulated in 2012 .
The NOP also noted that the recirculated Draft EIR would be updated with new
applicable data that may have changed since original circulation in 2012. The NOP was
published in the Peninsula News and distributed to all responsible state and local
agencies; to property owners located in and within a 500-foot radius of Zone 2; to those
registered on the City’s website listserv for this project; and the NOP was also posted
on the City's website. The City received 24 comment letters in response to the NOP,
which are included as Appendix A2 of the Draft EIR.
The Initial Study included in the re-circulated Draft EIR that was prepared in 2011 as
part of the original environmental review for the Zone 2 Landslide Moratorium
Ordinance Revisions. The Initial Study project description reflects the 47 lots that were
undeveloped at that time. It also reflects the CEQA Guidelines environmental checklist
that was in place at that time. Although the Initial Study was not updated when the new
NOP was released in 2018, the updated Draft EIR reflects both the current number of
undeveloped and unentitled lots (31) and new relevant issues (such as Tribal Cultural
Resources) that are included in the current CEQA Guidelines. The 2011 Initial Study is
included as Appendix A1 of the Updated Draft EIR.
After the NOP comment period ended, the Draft EIR was prepared taking into account
comments that were submitted during the public scoping period. City Staff also met with
members of the Portuguese Bend Community Association (PBCA) on January 10,
2019, to discuss the updated Draft EIR and to further discuss member concerns
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expressed as part of the original Draft EIR circulated in 2012. City Staff also provided
administrative draft copies of the Geology, Hydrology and Water Quality, Traffic and
Circulation, and Utilities and Service Systems sections of the updated Draft EIR to
members of the PBCA in order to receive preliminary comments. These sections were
shared with PBCA members, as the sections were most relevant to the group’s
expressed concerns with the previously-prepared Draft EIR and the current document.
On August 22, 2019, the City issued a Notice of Availability (NOA) (Attachment B)
informing responsible State and local agencies, interested parties and the public that
the Updated Draft EIR was available for review, and providing for a 45-day public
comment period, which will end on October 7, 2019. As of the preparation of this report,
City Staff received fifteen public comments regarding the Updated Draft EIR, one of
which requested that the September 17th public hearing be rescheduled to provide the
public more time to submit comments (Attachment D). The NOA also informed the
public that a public hearing would be held on September 17, 2019, as part of the City
Council’s regularly scheduled meeting, in order for the City to receive public oral
comments regarding the Updated Draft EIR.
Updated Draft EIR: Analysis & Conclusions
As outlined in the Initial Study prepared in 2011 and reissued in 2018, a number of
potential impacts were determined to be less than significant without the need for
mitigation measures or further analysis in the Draft EIR. These impact categories
include:
Agricultural Resources
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
Through the recent NOP scoping process, it was determined that the proposed project
will have potentially significant environmental impacts on the factors discussed below,
which are analyzed in greater detail in Section 4 (Environmental Impact Analysis) of the
Draft EIR. The impacts and mitigation measures related to these environmental impacts
are summarized in Table ES-1, in the Executive Summary section of the Draft EIR
(Attachment C). The conclusions of the impact analyses for these factors are
summarized as follows:
Aesthetics
The Draft EIR identifies visual impacts that may arise as a result of developing
the existing vacant parcels. This includes the visual impacts associated with the
change from a vacant undeveloped parcel to a developed appearance. This also
includes the visual impacts associated with the potential for removal or alteration
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of existing mature trees and vegetation. The Draft EIR also identified light and
glare, as observed from public and private viewpoints, as a less-than-significant
impact with mitigation. The Draft EIR proposes mitigation measures that would
reduce aesthetic impacts to a less-than-significant level, including the completion
of Neighborhood Compatibility Assessments, strict adherence to the provisions of
RPVMC Section 17.56.030 (Outdoor Lighting for Residential Uses), as well as
tree replacement and maintenance consistent with the requirements of RPVMC
Section 17.02.040 (View Preservation and Restoration). The analysis on
Aesthetics can be found on pages 4.1-1 through 4.1-15 of the Draft EIR or by
clicking here.
Air Quality
The Draft EIR identifies impacts relating to air quality based on short-term
construction-related impacts, specifically with respect to fugitive dust. In terms of
these short-term impacts, the Draft EIR states that mitigation measures can
reduce the impacts to less-than-significant levels. These mitigation measures
include construction methods and activities to control fugitive dust during
construction. The Air Quality analysis can be found on pages 4.2-1 through 4.2-
16 of the Draft EIR or by clicking here.
Biological Resources
The Draft EIR identifies potential impacts to sensitive plan t communities, wetland
habitat and jurisdictional drainages; wildlife movement; and consistency with the
City’s Natural Communities Conservation Plan and the Habitat Conservation
Plan (NCCP/HCP). The impact analysis was based on a 2010 field survey of the
general study area; a 2018 reconnaissance survey to document changes in the
area; literature review and aerial imagery. Impacts are expected to be less than
significant through the implementation of the recommended mitigation measures,
including but not limited to, the preparation of a biological survey, habitat
restoration and implementation construction best management practices (BMPs).
The Biological Resources analysis can be found on page 4.3 -1 through 4.3-27 or
by clicking here.
Cultural Resources
The Draft EIR identifies potential impacts to as-yet undetected areas of
prehistoric archaeological significance as a result of on-site grading and earth
movement activities on the undeveloped lots. The analysis is based on findings
collected as part of a Cultural Resources Records Search Summary performed in
April 2010 and a supplemental paleontological study conducted in January 2011.
There is no evidence to suggest that cultural or paleontological conditions have
changed in the project area since the preparation of the initial surveys. The
Cultural Resources analysis determined that potential impacts can be reduced to
a level that is less than significant with the implementation of the recommended
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mitigation measure, which requires a City-approved qualified archeologist to
monitor a project site during grading and excavation. It should be noted that the
Draft EIR includes a separate analysis of Tribal Cultural Resources (Section
4.12), which is discussed below. The Cultural Resources analysis can be found
on pages 4.4-1 through 4.4-12 of the Draft EIR or by clicking here.
Geology
The Draft EIR evaluates potential impacts to geologic and soil conditions in the
project area in terms of slope stability, erosion, soil contamination, faulting and
seismicity, liquefaction and bedrock subsidence. The Geology analysis is based
on literature review and geotechnical investigation of the project area conduc ted
by LGC Valley, Inc. in March 2011 along with supplemental information in the
City’s Updated General Plan and landslide data collected by the City’s Public
Works Department from 2007 to 2017. The Geology analysis that was included in
the Draft EIR was also reviewed by the City’s geo-technical consultant, Cotton,
Shires and Associates. The Draft EIR identified potential impacts, including but
not limited to, strong seismic ground shaking, landslides and soil erosion.
Impacts are expected to be less than significant through the implementation of
recommended mitigation measures, which include limiting the amount of grading
on each lot, imposing a maximum structure size, requirements regarding
construction methods, and recordation of covenants that require an applicant to
construct the project strictly in accordance with the approved plans and agreeing
to prohibit further development on the subject site without first filing an
application with the City. The Geology analysis can be found on pages 4.5-1
through 4.5-24 of the Draft EIR or by clicking here.
Greenhouse Gas (GHG) Emissions
The Draft EIR identifies less-than-significant impacts to existing GHG conditions
in the area. More specifically, the residential development that could be facilitated
by the proposed Landslide Moratorium Ordinance Revisions would generate
additional GHG emissions beyond existing conditions. However, GHG emissions
generated by full development potential of the 31 undeveloped lots would be
consistent with regional and local GHG emission policies and would also not
exceed relevant significance thresholds. As such, the GHG Emissions analysis
determined impacts to be less than significant with no mitigation required. The
GHG Emissions analysis can be found on pages 4.6-1 through 4.6-16 of the
Draft EIR or by clicking here.
Fire Protection
The Draft EIR identifies potential impacts to f ire protection as a result of Zone 2
being located in a Very High Fire Hazard Severity Zone. However, with the
implementation of the recommended mitigation measures requiring a fuel
modification plan be approved pursuant to the standards of the Los Angeles
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County Fire Department prior to grading and/or building permit issuance, this
impact would be reduced to a less-than-significant level. The Fire Protection
analysis can be found on pages 4.7-1 through 4.7-5 of the Draft EIR or by
clicking here.
Hydrology and Water Quality
The Draft EIR evaluates potential impacts on hydrology, water quality and water
supply as they relate to existing conditions and changes resulting from the
project. The Draft EIR also evaluates conditions relating to hydrology and water
quality on a short- and long-term basis. Mitigation measures to address short-
term impacts include Low Impact Development (LID) and National Pollutant
Discharge Elimination System (NPDES) reviews and implementing BMPs to deal
with construction-related impacts. The long-term impacts are due to the increase
in impermeable surface area for each developed lot, which may increase the
amount of storm water flows and localized flooding, and flood hazards. This is a
concern that is being raised by the PBCA. As part of the Draft EIR, the City’s
Public Works Department conducted field observations in Zone 2 to assess the
adequacy of Council-adopted mitigation measures currently being implemented
as part of Monks Lots residential development associated with Exception P of the
Landslide Moratorium Ordinance, including the overall performance of on -site
storm water runoff detention devices (holding tanks). More specifically, the
observations assessed whether water runoff from recently developed Zone 2
properties exceeded pre-development water runoff conditions. The field
observations were conducted during rain events on February 2, 2019 and
February 9, 2019. Runoff was observed during these storm events from
properties with and without water holding tanks. The observed runoff appeared to
be less on the properties with holding tanks. Mitigation measures to address
long-term impacts include a requirement that each lot provide an on-site storm
water holding tank and conveyance system, maintaining existing drainage
patterns and minimizing run-off from the developed lots. The proposed mitigation
measures are intended to reduce the impacts to a less-than-significant level by
requiring post-construction and pre-construction runoff rates to be equalized so
that there are no changes in the character of runoff at property lines of the project
sites. This would prevent substantial increases in the rate, volume, and duration
of runoff leaving lots after they are developed, thereby reducing the potential for
flooding or exceeding the capacity of stormwater drainage systems. Impacts
related to alteration of drainage patterns, the potential for the proposed project to
result in flooding, and the capacity of storm water drainage systems would be
less than significant with implementation of the mitigation measures. The
Hydrology and Water Quality analysis can be found on pages 4.8-1 through 4.8-
19 or by clicking here.
Noise
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The Draft EIR evaluates potential impacts related to noise on a short-term
(construction period) and long-term basis. Based on the analysis conducted, the
Draft EIR concludes that short-term noise impacts from construction would
intermittently generate high noise levels on and adjacent to the site. Noise
impacts would be reduced to a less than significant level, through the
incorporation of recommended mitigation measures, including but not limited to
strict adherence to the City’s allowable days and hours of construction. The
Noise analysis can be found on pages 4.9-1 through 4.9-13 of the Draft EIR or by
clicking here.
Traffic and Circulation
The Draft EIR evaluates the potential for the proposed project to result in
significant impacts on traffic and circulation, including impacts to the local and
regional roadway system, intersections, and ingress/egress from the project site.
The analysis contained in the Draft EIR is based the Transportation Impact Study
prepared by Linscott, Law and Greenspan, Engineers (LLG) in January 2019.
The Traffic Analysis was reviewed by the City’s Community Development and
Public Works Departments. The Draft EIR concludes that under existing-plus-
project conditions, the proposed project would result in significant impacts at four
intersections in the City including Via Rivera/Hawthorne Boulevard, Seahill Drive-
Tramonto Drive/Palos Verdes Drive South, Narcissa Drive/Palos Verdes Drive
South and Forrestal Drive/Palos Verdes Drive South. In addition, the Draft EIR
concluded that under cumulative conditions in 2030, the proposed proj ect would
also result in significant impacts at the intersection of Palos Verdes Drive
East/Palos Verdes Drive South. In order to reduce impacts to less-than-
significant levels, the Draft EIR recommends the incorporation of mitigation
measures that include specific infrastructure improvements at four of the five
identified intersections that are to be completed by the City within five years of
the adoption of the proposed Landslide Moratorium Ordinance Revisions. The
installation of a traffic signal at the Via Rivera/Hawthorne Boulevard intersection
could reduce the project impact at that location to a less-than-significant level, as
was studied in the Transportation Impact Study. However, as further analysis
would be required to determine when a signal would be needed, how it would be
funded, and whether it may have secondary effects, this mitigation measure is
not considered feasible at this time. As such, traffic impacts the Via
Rivera/Hawthorne Boulevard intersection would remain significant and
unavoidable, requiring the adoption of a Statement of Overriding Considerations
as a part of any Final EIR.
The Draft EIR also concluded that construction traffic, although temporary, could
potentially exceed City significance thresholds during peak construction periods.
The Draft EIR recommends the incorporation of mitigation measures so as to
reduce the impact level, including but not limited to scheduling construction
material deliveries during non-peak travel periods and limiting lane closures.
Nevertheless, because impacts could temporarily exceed City thresholds,
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construction traffic impacts are conservatively determined to be significant and
unavoidable, also triggering a Statement of Overriding Considerations. The
Statement of Overriding Considerations for the two significant and unavoidable
traffic and circulation impacts would be presented to the City Council prior to
certification of the Final EIR and adoption of the Landslide Moratorium Ordinance
Revisions. The Traffic and Circulation analysis can be found on pages 4.10 -1
through 4.10-31 of the Draft EIR or by clicking here.
Utilities and Service Systems
The Draft EIR evaluates potential impacts to the City’s wastewater conveyance
infrastructure system (i.e., sewer system). The Utilities and Service Systems
analysis was reviewed by the City’s Public Works Department. The analysis
indicates that the existing Abalone Cove sewer system within the project area
has the capacity to handle the additional 31 new residences that could result as
part of the Landslide Moratorium Ordinance Revisions. This determination is
based on information previously analyzed in the original Draft EIR circulated in
2012 and the Abalone Cove Sewer Capacity Report prepared in 2019, which is
included in the Draft EIR as part of Appendix H. The analysis also determined
that conveyance systems from the vacant lots to the existing sewer line would be
required as part of the residential development of the lots. Impacts would be
reduced to a less-than-significant level through the incorporation of
recommended mitigation measures that include project applicant participation in
geotechnical hazard abatement and the biannual update of the Abalone Cove
Sewer Capacity Report by the City to assess deficiencies in the project area
sewer system. The Utilities and Service Systems analysis can be found on pages
4.11-1 through 4.11-5 of the Draft EIR or by clicking here.
Tribal Cultural Resources
The Draft EIR identifies potential impacts to yet-to-be discovered Tribal Cultural
Resources in the project area. The potential impacts would be a result of
earthwork such as grading and trenching to accommodate construction activity
for the residential units that could be allowed under the proposed Landslide
Moratorium Ordinance Revisions. Tribal Cultural Resources were not previously
analyzed in the prior Draft EIR circulated in 2012. As of July 1, 2015, California
Assembly Bill 52 (AB 52) was enacted to expand CEQA by defining Tribal
Cultural Resources as a new resource category. AB 52 establishes a formal
consultation process between lead agencies and California tribes regarding
Tribal Cultural Resources. As part of the preparation of the Draft EIR, City Staff
and representatives from the Gabrieleño Band of Mission Indians-Kizh Nation
participated in the AB 52 consultation process. The Tribal Cultural Resources
analysis determined that potential impacts can be reduced to a level that is less
than significant with the implementation of the recommended mitigation measure,
which requires a City-approved qualified archeologist to monitor a project site
during grading and excavation. The applicant is also required to notify Native
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American tribes that have informed the City that they are traditionally and
culturally affiliated with the geographic area of the proposed project and invite the
tribes to observe any ground disturbance activities, if the tribes wish to monitor.
In the event that a tribal cultural resource is found, the proposed mitigation
measure also provides step-by-step requirements to protect and preserve those
resources. The Tribal Cultural Resources analysis can be found on pages 4.12-1
through 4.12-3 of the Draft EIR or by clicking here.
Public Hearing
The purpose of tonight’s public hearing is to provide an additional forum for the public to
provide oral comments on the Draft EIR. No decision or recommendation on the project
will be made at the public hearing. Therefore, comments on the merits of the proposed
Landslide Moratorium Ordinance Revisions should be held until the public hearing(s) on
the code revisions are conducted. Such hearings will be held after the completion of the
Final EIR, most likely in November 2019. All interested parties will be notified of those
hearings in the same manner by which th is public hearing was advertised.
All written comments and oral testimony received during the meeting and through the
comment period (concluding on October 7, 2019) will be provided to the City’s
environmental consultant, who will provide written responses to each comment in the
Final EIR. The Final EIR will contain formal responses to the comments received,
including any changes to the EIR text as a result of the comments.
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A-1
A-2
A-3
A-4
B-1
B-2
B-3
B-4
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Executive Summary
City of Rancho Palos Verdes
ES-1
EXECUTIVE SUMMARY
This section summarizes the characteristics of the proposed project and the environmental
impacts, mitigation measures, and residual impacts associated with the proposed project.
PROJECT SYNOPSIS
Project Sponsor
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Contact: Octavio Silva, (310) 544-5234, octavios@rpvca.gov
Project Description
The proposed ordinance revisions would apply to the approximately 112-acre “Zone 2
Landslide Moratorium Ordinance”1 area, located north of the intersection of Palos Verdes Drive
South and Narcissa Drive in the Portuguese Bend area of the Palos Verdes Peninsula, within the
City of Rancho Palos Verdes, County of Los Angeles, California. This area, located on the hills
above the south-central coastline of the City, is in the City’s larger (approximately 1,200-acre)
Landslide Moratorium Area (LMA). Zone 2 consists of 111 individual lots. Of these, 69 are
developed with residences and accessory structures, 11 lots have obtained planning
entitlements for development via Exception “P” and 31 are undeveloped lots or lots developed
with structures other than residences. These latter 31 lots are the focus of this EIR.
Project Background. In 2002, a group of Portuguese Bend property owners filed a
Landslide Moratorium Exception (LME) application to exclude their undeveloped lots within
the area known as “Zone 2” from the LMA. Shortly after this application was deemed
incomplete for processing, the applicants filed suit against the City. As part of the decision in
the case (Monks v. City of Rancho Palos Verdes), the City was ordered to remove regulatory
impediments in its Municipal Code that prevent the development of the 16 Monks plaintiffs’
lots. The City began this process with an Ordinance to allow the Monks plaintiffs to apply for
LMEs for their lots. As of August 2019, eight Monks plaintiffs’ lots have been developed with
residences and ancillary improvements with three additional lots currently in construction. In
addition, the owner of one lot is currently pursuing building permit issuance while the
remaining four lots have obtained LME permits that have subsequently expired. The City now
desires to consider broader revisions to the Landslide Moratorium Ordinance that could also
permit the owners of the other 31 undeveloped lots in Zone 2 to be developed with new
residences. This would result in the possible future development of up to 31 new residences on
existing legal lots in Zone 2 within the Portuguese Bend community.
1 According to the June 1, 1993 “[Dr. Perry] Ehlig memo”, Zone 2 includes “Subdivided land unaffected by large historic landslides”.
And, “Zone 2 includes about 130 acres within existing Tract 14195 and Tract 14500 (except lots 1, 2, 3 and 4, which are in the
Portuguese Bend landslide), and the subdivided land served by Vanderlip Drive. It is an area of subdued topography within the
central part of the large ancient landslide. Slopes of 5:1 and less prevail over most of the central and downhill parts of Zone 2.
Slopes generally range between 5:1 and 3:1 in the uphill part”.
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Zone 2 Landslide Moratorium Ordinance Revisions EIR
Executive Summary
City of Rancho Palos Verdes
ES-2
Landslide Moratorium Ordinance Revisions. Section 15.20.040 of the Rancho Palos
Verdes Municipal Code establishes the process for requesting exceptions from the City’s
landslide moratorium regulations. The current (amended in 2009) Municipal Code Section
15.20.040(P) includes the following category of exception to the moratorium on “the filing,
processing, approval or issuance of building, grading or other permits” within the existing
landslide moratorium area:
The moratorium shall not be applicable to any of the following:…
…P. The construction of residential buildings, accessory structures, and grading totaling less
than one thousand cubic yards of combined cut and fill and including no more than fifty
cubic yards of imported fill material on the sixteen undeveloped lots in Zone 2 of the
“Landslide Moratorium Area” as outlined in green on the landslide moratorium map on file
in the Director's office, identified as belonging to the plaintiffs in the case “Monks v. City of
Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist.,
2008)”; provided, that a landslide moratorium exception permit is approved by the
Director, and provided that the project complies with the criteria set forth in Section
15.20.050 of this Chapter. Such projects shall qualify for a landslide moratorium exception
permit only if all applicable requirements of this Code are satisfied, and the parcel is served
by a sanitary sewer system. Prior to the issuance of a landslide moratorium exception
permit, the applicant shall submit to the Director any geological or geotechnical studies
reasonably required by the City to demonstrate to the satisfaction of the City geotechnical
staff that the proposed project will not aggravate the existing situation.
The proposed landslide moratorium ordinance revisions would revise the language of this
section to encompass all 31 undeveloped lots in Zone 2, rather than restricting it to only the 16
Monks plaintiffs’ lots. This would allow for the future submittal of LMEs for all of these
undeveloped lots. It should be noted, however, that the granting of an LME does not constitute
approval of a specific project permit request, but simply grants the property owner the ability to
submit the appropriate entitlement application(s) for consideration of a specific project request.
Future Development Potential. The potential granting of up to 31 LME requests under
the proposed ordinance revisions would permit individual property owners to then apply for
individual entitlements to develop their lots. The undeveloped lots within Zone 2 are held in
multiple private ownerships so the timing and scope of future development is not known. For
the purposes of this EIR, it is assumed that development would occur over a period of at least
10 years from adoption of the ordinance revisions, in a manner consistent with the private
architectural standards adopted by the Portuguese Bend Community Association and the City’s
applicable underlying RS-1 or RS-2 zoning regulations. Therefore, the future development
assumptions for Zone 2 include the following:
31 one-story, ranch-style residences with attached or detached three-car garages, with minimum
living area of 1,500 square feet and an approximate maximum living area of 4,000 square feet
or 15% of gross lot area, whichever is less;
Up to 1,000 cubic yards of grading (cut and fill combined) per lot, with no more than 50 cubic
yards of imported fill and up to 1,000 cubic yards of export per lot;
Maximum 25% (RS-1) or 40% (RS-2) net lot coverage;
Maximum building height of 16 feet for residences and 12 feet for detached accessory structures;
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Executive Summary
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Minimum front setbacks of 20 feet, minimum rear setbacks of 15 feet, minimum street-side
setbacks of 10 feet, and minimum interior side setbacks of five feet, with setbacks along private
street rights-of-way measured from the easement line rather than the property line; and,
No subdivision of existing lots within Zone 2.
As noted above, the City has been ordered to remove regulatory impediments in its Municipal
Code that prevent the development of the 16 Monks plaintiffs’ lots. This was accomplished by
the 2009 addition to the moratorium exceptions, cited above. This EIR considers the potential
environmental impacts of buildout of the additional 31 undeveloped and underdeveloped lots
within Zone 2 under the parameters listed above.
ALTERNATIVES
As required by Section 15126.6 of the State CEQA Guidelines, this EIR examines a range of
reasonable alternatives to the proposed project. The following alternatives were evaluated:
Alternative 1: No Project - This alternative assumes that the Landslide Moratorium
Ordinance revisions would not be adopted and that the 31 vacant parcels or undeveloped
parcels would not be developed and would remain in their current condition.
Alternative 2: Reduced Building Area Alternative - Similar to the proposed project, this
alternative assumes that the proposed ordinance revisions would potentially allow up to
31 LME requests, which would permit individual property owners to then apply for
individual entitlements to develop their lots. However, under this alternative the
ordinance revisions would further restrict allowable development on each lot so that
allowed building size would be reduced by approximately 38% and the amount of
grading allowed for development would be reduced by 50%.
Both alternatives would be environmentally superior to the proposed project.
Alternative 1 would avoid all project impacts. Alternative 2 would incrementally reduce,
but not eliminate, the significant effects of the project. Alternative 2 would meet the
basic project objectives, but Alternative 1 would not.
AREAS OF CONTROVERSY/ISSUES TO BE RESOLVED
Based on public comments raised during the original scoping period on the Notice of
Preparation, as well as the Notice of Preparation issued in 2018 for this updated Draft EIR, areas
of controversy have been identified in several issue areas, most notably in relation to potential
geologic hazards; area drainage and potential water quality impacts; and traffic, including
construction and emergency access.
SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES
Table ES-1 summarizes the proposed project’s significant environmental impacts,
recommended mitigation, and residual impacts. Significant and unavoidable impacts have been
identified in the area of traffic and circulation. The City would need to adopt a Statement of
Overriding Considerations for these impacts if it approves the project.
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Please note that a number of potential impacts are addressed in the Initial Study (Appendix A
to the EIR), where they were determined to be less than significant without the need for
mitigation measures or further analysis in the EIR. These include impacts related to:
Agricultural Resources
Land Use and Planning
Mineral Resources
Population and Housing
Public Services
Recreation
Please refer to the Initial Study, Appendix A to this EIR, for further information related to these
issues.
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
AESTHETICS
AES-1 The project area is located in a
scenic public viewshed of the Pacific
Ocean and the Palos Verdes hillsides
and coastline. Individual lots and some
private roads in the project area also
have views of the ocean, hillsides and
open space. However, with
compliance with applicable standards
of the RPVMC, the potential
development of up to 31 new single-
family residences would not have a
substantial adverse effect on a scenic
vista. This is impact would be Class II,
less than significant with mitigation
incorporated.
Measures AES-3(a) and AES-3(b)
under Impact AES-3 would ensure
compliance with applicable provisions of
the Section 17.02.030 of the RPVMC
and PBCA architectural standards.
Additional mitigation is not required.
Less than significant with
mitigation incorporated.
AES-2 Parcels in Zone 2 contain
vegetation of varying types and
densities, and the development of
residences on up to 31 undeveloped
and underdeveloped private lots
within the project area would likely
result in the removal of mature trees
and vegetation. Because tree
groupings in the project area have
been identified as scenic resources in
the General Plan, impacts would be
Class II, less than significant with
mitigation incorporated.
AES-2 Avoidance of Tree Removal.
As part of approvals for development on
the individual subject lots, the City shall
require that future development on the
affected lots avoid removal of or
substantial damage to existing trees to
the extent feasible and provided that
such trees do not obstruct views in
accordance with Section 17.02.040 of
the RPVMC. Where tree removal or
substantial damage cannot be feasibly
avoided during development, tree
replacement shall be required using a
ratio, stock, species and monitoring
requirements sufficient to ensure a
minimum 1:1 replacement five or more
years after removal. When selecting
replacement tree species, consideration
should be given to species that, as they
Less than significant with
mitigation incorporated.
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Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
grow to full stature, would be less likely
to result in obstruction of views for
adjacent properties.
AES-3 The potential development of
additional residences in the Zone 2
project area would introduce new
structures and new landscaping and
hardscape on up to 31 open and
mostly undeveloped sites throughout
the Portuguese Bend community. This
would incrementally increase the
density of development throughout the
112-acre project area. Although the
general land use pattern and scale and
type of development would be
maintained, impacts to the existing
visual character and quality of the
project area and its surroundings
would be Class II, less than significant
with mitigation incorporated
AES-3 Consistency with RPVMC
Section 17.02.030. All new residences
shall be consistent with the standards
contained in Section 17.02.030 of the
RPVMC or will be subject to the
requirements of RPVMC Section
17.02.040. Prior to any grading or
building permit issuance, all new
residences shall be subject to
neighborhood compatibility analysis
under the provisions of Section
17.02.030.B (Neighborhood
Compatibility) of the Rancho Palos
Verdes Municipal Code to verify
consistency.
Less than significant with
mitigation incorporated.
AES-4 The proposed ordinance
revisions would result in new sources
of light and glare within the project
area due to introduction of up to 31
new residences and associated
lighting. Some of the new light and
glare would be visible from public and
private viewpoints. This would be a
Class II, less than significant impact
with mitigation incorporated.
AES-4 Exterior Illumination. Exterior
illumination for new residences shall be
subject to the provisions of Section
17.56.030 (Outdoor Lighting for
Residential Uses) of the RPVMC. Key
standards that must be adhered to
include the following:
No outdoor lighting shall be
permitted where the light source is
directed toward or results in direct
illumination of a parcel of property
or properties other than that upon
which such light source is
physically located. Individual,
nonreflector, incandescent light
bulbs, not exceeding 150 watts
each, or an aggregate of 1,000
watts for each lot or parcel shall be
permitted. On lots exceeding
15,000 square feet, an additional
100 watts in the aggregate shall be
permitted for each 1,500 hundred
square feet of area or major
fraction thereof, by which the lot or
parcel exceeds 15,000 square feet;
provided, that in no event shall the
aggregate exceed 2,000 watts. As
used herein, the term "watts" is
irrespective of the voltage.
No outdoor lighting shall be
permitted where the light source or
fixture, if located on a building,
above the line of the eaves, or if
located on a standard or pole, [is]
more than 10’ feet above grade.
Less than significant with
mitigation incorporated.
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ES-6
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
AIR QUALITY
AQ-1 On-site construction activity
would generate temporary air pollutant
emissions. However, emissions would
not exceed SCAQMD regional or LST
construction thresholds for ROC, NOX,
CO, PM10 and PM2.5. Therefore,
construction-related air quality impacts
would be Class III, less than significant.
Construction emissions would not
exceed SCAQMD regional or LST
thresholds. Nevertheless, the following
mitigation measures, consistent with
RPVMC Section 17.56.020 and
SCAQMD Rule 403, could be
implemented to further reduce
construction emissions.
AQ-1(a) Fugitive Dust Control
Measures. The following shall be
implemented during construction to
minimize fugitive dust emissions:
Soil with 5% or greater silt content
that is stockpiled for more than two
days must be covered and treated
with soil binders to prevent dust
generation.
Trucks transporting material must
be tarped from the point of origin or
must maintain at least two feet of
freeboard.
Soil stabilizers must be applied to
unpaved roads to prevent excess
amounts of dust.
All material excavated or graded
must be treated with soil binders
preferably in the morning, midday
and after work is done for the day.
Ground cover must be replaced in
disturbed areas as quickly as
possible.
All clearing, grading, earth moving,
or excavation activities must cease
during periods of high winds (i.e.,
greater than 20 mph averaged over
one hour) so as to prevent
excessive amounts of dust.
The contractor must provide
adequate loading/unloading areas
that limit track-out onto adjacent
roadways through the utilization of
wheel washing, rumble plates, or
another method achieving the same
intent.
All material transported off-site must
be securely covered to prevent
excessive amounts of dust.
Face masks must be used by all
employees involved in grading or
excavation operations during dry
periods to reduce inhalation of dust
Less than significant without
mitigation.
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ES-7
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
which may contain the fungus which
causes San Joaquin Valley Fever.
All residential units located within
500’ of the construction site must be
sent a notice regarding the
construction schedule of the
proposed project. A sign legible at a
distance of 50’ must also be posted
in a prominent and visible location at
the construction site, and must be
maintained throughout the
construction process. All notices
and the signs must indicate the
dates and duration of construction
activities, as well as provide a
telephone number where residents
can inquire about the construction
process and register complaints.
Visible dust beyond the property line
emanating from the project must be
prevented to the maximum extent
feasible.
These control techniques must be
indicated in project specifications.
Compliance with the measure shall
be subject to periodic site
inspections by the City.
AQ-1(b) Construction Vehicles.
Trucks and other construction vehicles
shall not park, queue and/or idle at the
construction sites or in the adjoining
public or private rights-of-way before
7:00 AM Monday through Friday and
before 9:00 AM on Saturday, in
accordance with the permitted hours of
construction stated in Section
17.56.020.B of the RPVMC.
AQ-2 Operation of new residences
that could be built as a result of the
proposed ordinance revisions would
generate air pollutant emissions.
However, emissions would not exceed
SCAQMD operational significance
thresholds for ROG, NOX, CO, PM10
and PM2.5. Therefore, operational air
quality impacts would be Class III, less
than significant.
None required. Less than significant without
mitigation.
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ES-8
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
AQ-3 Traffic that could be generated
by new residences constructed as a
result of adoption of the proposed
ordinance revisions, together with
cumulative traffic growth in the area,
would not create carbon monoxide
concentrations exceeding state or
federal standards. Localized air quality
impacts would therefore be Class III,
less than significant.
Measures T-1(a-d) under Impact T-1
would reduce congestion at affected
intersections.
Less than significant without
mitigation.
AQ-4 Adoption of the proposed
ordinance revision to allow 31 lots to be
developed with single-family
residences would have the potential to
increase the City’s population by
approximately 84 persons. However,
such growth would be a marginal
increase above the City’s existing
population of 42,723 and population
projections upon which the Air Quality
Management Plan (AQMP) are based.
Therefore, impacts associated with
AQMP consistency for the project
would be Class III, less than significant.
None required. Less than significant without
mitigation.
BIOLOGICAL RESOURCES
BIO-1 Potential development that
would be facilitated by the proposed
ordinance revisions would not
significantly affect special status
species due to the lack of suitable
habitat, level and frequency of existing
human disturbance in the project area,
and existing regulations under the
Natural Overlay Control District (OC-1)
that would restrict construction to areas
not likely occupied by the San Diego
desert woodrat. While the increased
human presence is considered
adverse, it would not be substantially
different or increased over existing
conditions, and no significant effect is
anticipated. Therefore, impacts to
Special Status Species would be Class
III, less than significant.
None required. Less than significant without
mitigation.
BIO-2 Development of some of the
undeveloped lots in Zone 2 has the
potential to significantly impact existing
or regrown Coastal Sage Scrub habitat,
either through the direct removal of
habitat during construction or as a
result of Fire Department-mandated
fuel modification on- and/or off-site (i.e.,
in the Reserves) after construction of
BIO-2 Habitat Mitigation. For lots
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,
each applicant shall be required to
prepare a biological survey, by a City-
approved biologist, as part of a
Less than significant with
mitigation incorporated.
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ES-9
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
new residences. In that event, effects
to this sensitive plant community would
be Class II, less than significant with
mitigation incorporated.
complete application for the
development of the lot. Said survey
shall identify the presence or absence
of sensitive plant and animal species
identified in the City’s adopted
NCCP/HCP on the subject property,
and shall quantify the direct and indirect
impacts of 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 in
compliance with the NCCP/HCP
Section 8.2.1.1 prior to issuance of any
grading or building permit.
BIO-3 Construction activities within
five lots adjacent to Altamira Canyon
could potentially affect jurisdictional
drainage areas. This impact would be
Class II, less than significant with
mitigation incorporated.
BIO 3(a) Agency Coordination. The
City shall review each application for
construction and determine if proposed
development is within the drainage
channel in Altamira Canyon. If so, the
applicant shall be required to obtain
permits, agreements, and/or water
quality certifications or correspondence
indicating that none are necessary from
applicable state and federal agencies
regarding compliance with state and
federal laws governing work within
jurisdictional waters. Such agencies
would include the California Department
of Fish and Wildlife, the United States
Army Corps of Engineers, and the Los
Angeles Regional Water Quality Control
Board. The applicant shall provide such
permits and/or agreements to the City
prior to issuance of any grading or
building permit.
BIO-3(b) Habitat Restoration. In the
event that an application for
construction would result in the loss of
riparian or wetland vegetation, the
applicant shall restore such habitat at a
minimum ratio of 2:1 for temporary loss
and 3:1 for permanent loss. Such
restoration can occur either on-site or in
disturbed areas of the Palos Verdes
Nature Preserve as determined and
approved by the City.
Less than significant with
mitigation incorporated.
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Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
BIO-4 No significant impacts are
anticipated with respect to night lighting
and noise given the existing residential
use of the area. Although the regionally
important habitat area (RIHA) is
protected by the policies of the Natural
Overlay Control District (OC-1), tree
removal associated with development
facilitated by the proposed project
could affect birds including the
California gnatcatcher. Impacts to
nesting birds as a result of tree removal
would be Class II, less than significant
with mitigation incorporated.
BIO-4 Nesting Bird Surveys and
Avoidance. The City shall require that
tree pruning and removal be conducted
outside of the bird breeding season
(generally February 1 through August
31). If vegetation clearing (including tree
pruning and removal) or other project
construction is to be initiated during the
bird breeding season, pre-construction
nesting bird surveys shall be conducted
by a City-approved biologist. To avoid
the destruction of active nests and to
protect the reproductive success of
birds protected by MBTA and the Fish
and Game Code of California, the
nesting bird surveys shall be performed
twice per week during the three weeks
prior to the scheduled felling of the trees
on the site. The surveys shall be
conducted by a qualified biologist
approved by the Community
Development Director. If any active
non-raptor bird nests are found, the
tree(s) or vegetation shall not be cut
down, a suitable buffer area (varying
from 25-300 feet) depending on the
particular species found, shall be
established around the nest and
avoided until the nest becomes inactive
(vacated). If any active raptor bird nests
are found, a suitable buffer area
(typically 250-500 feet from the nest)
depending upon the species, the
proposed work activity, and existing
disturbances associated with land uses
outside of the site, shall be determined
and demarcated by the biologist with
bright orange construction fencing,
flagging, construction lathe, or other
means to mark the boundary. All
construction personnel shall be notified
as to the existence of the buffer zone
and to avoid entering the buffer zone
during the nesting season. No ground
disturbing activities shall occur within
this buffer until the City-approved
biologist has confirmed that
breeding/nesting is completed and the
young have fledged the nest. Nesting
birds surveys are not required for
construction activities occurring from
September 1 to January 31.
Less than significant with
mitigation incorporated.
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Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
BIO-5 The proposed ordinance
revisions would not conflict with local
policies or ordinances protecting
biological resources. Impacts would be
Class III, less than significant.
None required. Less than significant without
mitigation.
BIO-6 Potential development under
the proposed ordinance revisions
would have the potential to conflict with
guidelines of the NCCP/HCP.
Therefore, impacts would be Class II,
less than significant with mitigation
incorporated. .
BIO-6(a) Structure Location. To avoid
the need for continued fuel
management within the Filiorum
Reserve, the City shall require that all
structures for those lots abutting the
Palos Verdes Nature Preserve property
boundary are located at least 100 feet
from that boundary.
BIO-6(b) Perimeter Fences. As part of
approvals for development on the
individual subject lots, the City shall
require that lots adjoining the Palos
Verdes Nature Preserve are fenced
sufficiently to prevent the ready egress
of domestic animals into the Preserve.
In addition, no gates or other means of
ingress into the Palos Verdes Nature
Preserve shall be permitted.
BIO-6(c) Construction Best
Management Practices. The following
measures shall be required for those
lots that abut the Palos Verdes Nature
Preserve as part of construction
monitoring for the site:
• Contractors shall be educated
regarding the off-site Preserve and
the need to keep equipment and
personnel on the construction site
prior to the initiation of construction.
• Temporary construction fencing shall
be placed at the planned limits of
disturbance adjacent to the Preserve.
• Construction should be scheduled to
avoid the bird nesting season (see
Mitigation Measure BIO-4 above).
• Construction grading adjacent to
drainages shall be scheduled for the
dry season whenever feasible.
BIO-6(d) Construction Staging and
Stockpiling Areas. Grading and
building plans submitted for City review
and approval for those lots abutting the
Palos Verdes Nature Preserve shall
identify areas for construction staging,
fueling and stockpiling if needed. These
areas shall be located as far as
practical from the Palos Verdes Nature
Less than significant with
mitigation incorporated.
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ES-12
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
Preserve and not closer than 50’ from
the Preserve.
CULTURAL RESOURCES
CR-1 Potential development that the
proposed ordinance revisions could
facilitate on the undeveloped lots,
which could include up to 1,000 cubic
yards of grading per lot, has the
potential to disturb as-yet undetected
areas of prehistoric archaeological
and/or tribal cultural significance.
This is a Class II, less than significant
with mitigation incorporated. .
CR-1 Cultural Resources Monitoring
and Avoidance. Prior to the issuance
of any grading permit, each applicant
shall retain and pay for a City-approved
qualified archaeologist to monitor all
ground disturbance activities associated
with the project including, but not limited
to, grading, excavating, clearing,
leveling and backfilling. The evaluation
shall be conducted by an archaeologist
meeting the Secretary of the Interior’s
Professional Qualifications Standards
for prehistoric archaeology (National
Park Service 1983) and that is qualified
to identify subsurface tribal cultural
resources. The archaeologist shall
observe all ground disturbing activities
on construction sites at times that
ground disturbance activities are taking
place. If ground disturbance activities
are simultaneously occurring at multiple
locations in the project area, an
archaeologist shall be required to
monitor each location where the ground
disturbance activities are occurring.
Prior to the commencement of any
ground disturbance activities at a
construction site, the applicant, or its
successor, shall notify any California
Native American tribes that have
informed the City that they are
traditionally and culturally affiliated with
the geographic area of the proposed
project that ground disturbance
activities are about to commence and
invite the tribes to observe the ground
disturbance activities, if the tribes wish
to monitor.
In the event that any subsurface
objects or artifacts that may be tribal
cultural resources are encountered
during the course of the ground
disturbance activities, all such activities
shall temporarily cease in the area of
discovery, the radius of which shall be
determined by the qualified
archaeologist, until the potential tribal
cultural resources are property
assessed and addressed pursuant to
Less than significant with
mitigation incorporated.
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the process set forth below:
1. Upon a discovery of a potential
tribal cultural resource, an
applicant, or its successor, shall
immediately stop all ground
disturbance activities, and contact
the following: (1) all California
Native American Tribes that have
informed the City that they are
traditionally and culturally affiliated
with the geographic area of the
proposed project; (2) and the City’s
Community Development
Department, Planning Division.
2. If the City determines, pursuant to
Public Records Code Section
21704 (a)(2), that the object or
artifact appears to be a tribal
cultural resource in its discretion
and supported by substantial
evidence, the City shall provide any
affected tribe a reasonable period
of time, not less than 14 days, to
conduct a site visit and make
recommendations to the applicant,
or its successor, and the City
regarding the monitoring of future
ground disturbance activities, as
well as the treatment and
disposition of any discovered tribal
cultural resources.
3. The applicant, or its successor,
shall implement the tribe’s
recommendations if a qualified
archaeologist, retained by the City
and paid for by the applicant, or its
successor, reasonably concludes
that the tribe’s recommendations
are reasonable and feasible.
4. In addition to any recommendations
from the applicable tribe(s), the
applicant’s City-approved qualified
archaeologist shall develop a list of
actions that shall be taken to avoid
or minimize impacts to the identified
tribal cultural resources
substantially consistent with best
practices identified by the Native
American Heritage Commission
and in compliance with any
applicable federal, state, or local
law, rule or regulation.
5. If the applicant, or its successor,
does not accept a particular
C-13
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recommendation determined to be
reasonable and feasible by the
qualified archaeologist, the
applicant, or its successor, may
request mediation by the City’s
mediator. The mediator must have
the requisite professional
qualifications and experience to
mediate such a dispute. The City
shall make the determination as to
whether the mediator is at least
minimally qualified to mediate the
dispute. After making a reasonable
effort to mediate this particular
dispute, the City may: (1) require
the recommendation be
implemented as originally proposed
by the archaeologist; (2) require the
recommendation, as modified by
the City, be implemented as it is at
least as equally effective to mitigate
a potentially significant impact; (3)
require a substitute
recommendation to be implemented
that is at least as equally effective
to mitigate a potentially significant
impact to a tribal cultural resource;
or (4) not require the
recommendation be implemented
because it is not necessary to
mitigate any significant impacts to
tribal cultural resources. The
applicant, or its successor, shall
pay all costs and fees associated
with the mediation.
6. The applicant, or its successor, may
recommence ground disturbance
activities outside of a specified
radius of the discovery site, so long
as this radius has been reviewed by
a qualified archaeologist and
determined to be reasonable and
appropriate.
7. The applicant, or its successor, may
recommence ground disturbance
activities inside of the specified
radius of the discovery site only
after it has compiled with all the
recommendations developed and
approved pursuant to the process
set forth in paragraphs 2 through 5
above.
8. Copies of any subsequent
prehistoric archaeological study,
tribal cultural resources study or
C-14
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report, detailing the nature of any
significant trial cultural resources,
remedial actions taken, and
disposition of any significant tribal
cultural resources shall be
submitted to the South Central
Coastal Information Center
(SCCIC) at California State
University, Fullerton and to the
Native American Heritage
Commission for inclusion in its
Scared Lands File.
9. Notwithstanding paragraph 8 above,
any information determined to be
confidential in nature, by the City
Attorney’s Office, shall be excluded
from submission to the SCCIC or the
general public under the provisions
of the California Public Records Act,
California Public Resources Code.
CR-2 Grading for development that
could be facilitated by the proposed
ordinance revisions has low potential
to disturb any paleontological
resources. Impacts to paleontological
resources would be Class III, less
than significant.
None required. Less than significant without
mitigation.
CR-3 Grading for development that
could be facilitated by the proposed
ordinance revisions has the potential
to disturb human remains, including
those interred outside of formal
cemeteries. With adherence to
existing regulations that address
discovery of human remains during
grading and construction, impacts
would be Class III, less than
significant.
None required. Less than significant without
mitigation.
GEOLOGY
GEO-1 Seismically-induced ground
shaking could result in the exposure
of people and structures that could be
introduced to the area as a result of
the proposed ordinance revisions to
adverse effects. However, mandatory
compliance with applicable CBC
requirements would reduce impacts to
a Class III, less than significant, level.
None required. Less than significant without
mitigation.
GEO-2 Construction on individual
lots in Zone 2 facilitated by the
proposed ordinance revisions could
cause or accelerate erosion, such that
slope failure could occur. Operation of
the project, which would allow for 31
single-family homes to be developed
Measures HWQ-1 and HWQ-2 under
Impacts HWQ-1 and HWQ-2 would
reduce erosion during construction and
require individual developers to comply
with guidelines related to drainage and
runoff, pursuant to the review and
approval by the City Building Official.
Less than significant with
mitigation incorporated.
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ES-16
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Impact Mitigation Measures Significance After
Mitigation
in the project area, could potentially
cause or accelerate downstream
erosion. However, with
implementation of Mitigation Measure
HWQ-1 and Mitigation Measure
HWQ-3 identified in Section 4.8,
Hydrology and Water Quality, impacts
would be Class II, less than significant
with mitigation incorporated.
Additional mitigation is not required.
GEO-3 The project area is located on
a geologic unit that could be unstable
or could potentially become unstable
as a result of development facilitated
by the proposed ordinance revisions.
With implementation of mitigation
measures GEO-3(a) and GEO-3(b),
impacts would be Class II, significant
with mitigation incorporated.
GEO-3(a) Geotechnical
Recommendations. Prior to issuance
of any grading permit or building permit,
individual project applicants shall
comply with all recommendations
contained within the Geotechnical Study
prepared by LGC Valley, Inc., dated
March 29, 2011, including the following,
which shall be reflected in the
geotechnical/soils reports for individual
projects:
Conform to applicable requirements
of the City of Rancho Palos Verdes
Landslide Moratorium Ordinance
(Rancho Palos Verdes Municipal
Code Chapter 15.20.050, some of
which are outlines below).
Limit grading to less than 1,000
cubic yards of grading (cut and fill
combined including export and
import) per lot, with no more than
50 cubic yards of imported fill per
lot and 1,000 cubic yards of export.
Agree to participate in the Abalone
Cove Landslide Abatement District
and/or other recognized or
approved districts whose purpose is
to maintain the land in a
geologically stable condition. No
proposed building activity may
cause lessening of stability in the
zone.
Submit a geotechnical report to the
City indicating what, if any, lot-local
and immediately adjacent geologic
hazards must be addressed and/or
corrected prior to, or during
construction. Said report shall
specify foundation designs based
on field and laboratory studies and
must be approved by the City’s
geotehcnical reviewers.
Limit post-construction lot infiltration
and runoff rates and volume to pre-
construction levels through use of
Less than significant with
mitigation incorporated.
C-16
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ES-17
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Summary of Significant Environmental Impacts,
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Impact Mitigation Measures Significance After
Mitigation
appropriate low impact
development principles such as, but
not limited to, detaining peak flows
and use of cisterns, holding tanks,
detention basins, bio-retention
areas, green roofs, and permeable
hardscape.
Connect all houses to a public
sanitary sewer system maintained
at the property owner’s expense.
Any necessary easements shall be
provided.
Correct all lot drainage deficiencies,
if any, identified by the Director of
Public Works .
Correct runoff from all buildings and
paved areas not infiltrated or
retained/detained on-site to match
existing pre-construction conditions
and direct runoff to the street or to
an approved drainage course as
approved by the Director of Public
Works.
• Comply with all other relevant
building code requirements.
GEO-3(b) Covenant. Individual project
applicants shall submit for recordation a
covenant agreeing to construct the
project strictly in accordance with the
approved plans and agreeing to prohibit
further development on the subject site
without first filing an application with the
Director pursuant to the terms of
Chapter 15.20 of the RPVMC. Such
covenant shall be submitted to the
Director for recordation prior to the
issuance of any grading or building
permit.
GEO-4 The project area is in a
Seismic Hazard Zone for earthquake-
induced landslides. Therefore, project
area development would inherently be
subject to risks associated with
seismically-induced landslides.
However, with implementation of
mitigation measures GEO-3(a) and
GEO-3(b) requiring design of potential
new construction on each lot in
compliance with site-specific
geotechnical recommendations,
impacts would be Class II, less than
significant with mitigation
incorporated.
Measure GEO-3(a) would require each
applicant to submit a geotechnical
report for review and approval by the
City’s Geotechnical reviewers indicating
any geologic hazards that need to be
addressed and/or corrected prior to
issuance of any grading or building
permit. Measure GEO-3(b) would
require each individual project applicant
to record a covenant agreeing to
construct the project strictly in
accordance with the approved plans
prior to issuance of any grading or
building permit issuance.
Less than significant with
mitigation incorporated.
C-17
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GEO-5 The project area is not
susceptible to liquefaction, ground
lurching, lateral spreading or seismic
settlement. Impacts would be Class
III, less than significant.
None required. Less than significant without
mitigation.
GEO-6 Soils in the project area are
moderately to highly expansive. With
implementation of mitigation
measures GEO-3(a) and GEO-3(b),
impacts related to expansive soils
would be Class II, less than significant
with mitigation incorporated.
Measure GEO-3(a) requires that the
project conform to the City of Rancho
Palos Verdes Landslide Moratorium
Ordinance, grade up to 1,000 cubic
yards per lot, participate in ACLAD
and/or other recognized or approved
districts whose purpose is to maintain
the land in a geologically stable
condition, and submit a geotechnical
report to the City’s geotechnical
reviewers prior to issuance of any
grading or building permit. Measure
GEO-3(b) would ensure that these
geotechnical report recommendations
are actually implemented into the
project by requiring individual project
applicants to record a covenant
agreeing to construct the project strictly
in accordance with the approved plans.
Less than significant with
mitigation incorporated.
GREENHOUSE GAS EMISSIONS
GHG-1 Development that could be
facilitated by the proposed ordinance
revisions would generate additional
GHG emissions beyond existing
conditions. However, GHG emissions
generated by full development
potential within Zone 2 would not
exceed relevant significance
thresholds. Further, the proposed
project would be generally consistent
with the City’s ERAP, the SCAG
Regional Transportation Plan/
Sustainable Communities Strategy
(RTP/SCS), and the CARB 2017
Scoping Plan. Impacts would be
Class III, less than significant.
None required. Less than significant without
mitigation.
FIRE PROTECTION
FIRE-1 The project area is located in
a Very High Fire Hazard Severity
Zone and is adjacent to the
Portuguese Bend and Filiorum
Reserves subareas of the Palos
Verdes Nature Preserve on the north,
east and west. New residences
constructed as a result of adoption of
the proposed ordinance revisions
could expose people or structures to
risks associated with wildland fires.
FIRE-1(a) Fuel-Load Vegetation
Management. Each applicant shall be
required to prepare a fuel modification
plan pursuant to the requirements of
LACFD. The City will verify that the
LACFD has reviewed and approved the
plan prior to issuance of any building or
grading permit. The fuel modification
plan shall, at a minimum, include the
following:
Less than significant with
mitigation incorporated.
C-18
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ES-19
Table ES-1
Summary of Significant Environmental Impacts,
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Impact Mitigation Measures Significance After
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Impacts would be Class II, less than
significant with mitigation
incorporated.
• Vegetation clearance requirements
around all new structures with a
minimum 100’ buffer, or greater, as
determined by LACFD;
• A landscaping plan using plants
recommended for the Rancho Palos
Verdes area and selected from the
desirable plant list for setback,
irrigated, or thinning zone; and
• A regularly scheduled brush
clearance of vegetation on and
adjacent to all applicable access
roads, power lines, and structures.
FIRE-1(b) Fire Protection
Requirements. Prior to any grading or
building permit issuance, new single-
family residences and related accessory
structures shall be designed to
incorporate all fire protection
requirements of the City’s most recently
adopted Building Code, to the
satisfaction of the Building Official.
HYDROLOGY AND WATER QUALITY
HWQ-1 During construction of the
proposed project, the soil surface
would be subject to erosion and the
downstream watershed, including the
Pacific Ocean, could be subject to
temporary sedimentation and
discharges of various pollutants.
However, with implementation of
Mitigation Measure HWQ-1, impacts
relating to the potential for discharge
of various pollutants, including
sediment, would be Class II, less than
significant with mitigation
incorporated.
HWQ-1 Construction pollution,
sediment and erosion control. Prior to
issuance of any grading or building
permit, each applicant shall prepare a
Low Impact Development (LID) plan for
the review and approval of the City
Building Official. The applicant shall be
responsible for continuous and effective
implementation of the plan during
construction of each residence. The LID
plan shall include Best Management
Practices that may include, but not be
limited to, the following:
• Erosion Control. Eroded sediments
from areas disturbed by construction
and from stockpiles of soil shall be
retained on-site to minimize sediment
transport from the site to streets,
drainage facilities or adjacent
properties via runoff, vehicle tracking
or wind. Utilize erosion control
techniques, such as soil stabilizers,
covering soil during construction, wind
blocking devices, cease grading
during high winds, use of soil binders
(watering graded soils should be
avoided), filtration devices, and
stabilizing ingress/egress points.
Reduce fugitive dust to the maximum
extent practicable.
Less than significant with
mitigation incorporated.
C-19
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• BMPs. Erosion from slopes and
channels shall be controlled by
implementing an effective
combination of BMPs (as approved in
Regional Board Resolution No. 99-
03), such as the limiting of grading
scheduled during the wet season;
inspecting graded areas during rain
events; planting and maintenance of
vegetation on slopes; and covering
erosion susceptible slopes.
• Pollutant Detainment Methods.
Protect downstream drainages from
escaping pollutants by capturing
materials carried in runoff and
preventing transport from the site.
Examples of detainment methods that
retard movement of water and
separate sediment and other
contaminants are silt fences, hay
bales, sand bags, berms, silt and
debris basins.
• Construction Materials Control.
Construction related materials,
wastes, spills or residues shall be
retained on-site to minimize transport
from the site to streets, drainage
facilities or adjoining properties by
wind or runoff. Runoff from equipment
and vehicle washing shall be
contained at construction sites unless
treated to remove sediment and
pollutants. Non-stormwater runoff
from equipment and vehicle washing
and any other activity shall be
contained at the construction site.
• Recycling/Disposal. Maintain a clean
site. This includes proper recycling of
construction related materials and
equipment fluids.
• Construction Waste Disposal. Clean
up and dispose of small construction
wastes (i.e., dry concrete) in
accordance with applicable
regulations and requirements.
HWQ-2 Development facilitated by
the proposed ordinance revisions
would incrementally increase the
amount of impermeable surfaces in
the project area, and potential new
development would also generate
various urban pollutants such as oil,
herbicides and pesticides, which
could adversely affect surface water
quality. With implementation of
HWQ-2 NPDES Review. Any
development proposal located within,
adjacent to or draining into a designated
Environmentally Sensitive Area (ESA)
and involving the creation of two
thousand five hundred square feet or
more (> 2,500 SF) of impervious
surface shall require review and
approval by the City’s National Pollutant
Discharge Elimination System (NPDES)
Less than significant with
mitigation incorporated.
C-20
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ES-21
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
Mitigation Measure HWQ-2, impacts
related to surface water quality
would be Class II, less than
significant with mitigation
incorporated.
consultant for compliance with
applicable NPDES requirements prior to
any grading or building permit issuance.
Construction must comply with any
required NPDES General Construction
Permit requirements.
HWQ-3 Potential buildout under the
proposed ordinance revisions would
incrementally increase the amount of
on-site impermeable surface, which
could have the potential to increase
storm water flows and create
localized flooding. However, with
implementation of Mitigation
Measures GEO-3 (a and b) and
HWQ-3, buildout under the ordinance
revisions would result in a flow rate
generally similar to existing
conditions. Therefore, impacts related
to storm water runoff would be Class
II, less than significant with mitigation
incorporated.
HWQ-3 Drainage Plan. Prior to
issuance of any grading or building
permit, a Licensed Civil Engineer shall
prepare a detailed hydrology study and
drainage plan subject to approval by the
Director of Public Works. The
study/plan shall be paid for by the
project applicant and shall address
impacts to the proposed building site,
as well as upstream and downstream
properties. The analysis will follow the
methodology outlined in the Los
Angeles County Hydrology and
Sedimentation Manual (latest edition),
the Los Angeles County Low Impact
Development Manual, and Los Angeles
County Stormwater Best Management
Practices Design and Maintenance
Manual for preparation of the design
calculations. Improvements will be
based upon the policies and codes of
the City. The drainage plan shall
address impacts to the immediate
vicinity as well as downstream facilities
including culverts, roads, open drainage
courses, and Altamira Canyon, and
shall demonstrate that:
• Post-construction lot infiltration and
runoff rates and volume shall be
made equal to pre-construction
conditions through use of appropriate
low impact development principles
such as, but not limited to, detaining
peak flows and use of cisterns,
holding tanks, detention basins, bio-
retention areas, green roofs and
permeable hardscape.
• Illustrate that point (concentrated)
flow on each of the properties is either
normalized, attenuated adequately, or
will reach an acceptable conveyance
such as a storm drain, channel,
roadway or natural drainage course.
All runoff shall be directed to an
acceptable conveyance (one that is
adequate to convey any increase in
runoff without causing additional
impacts such as flooding and erosion)
and shall not be allowed to drain to
Less than significant with
mitigation incorporated.
C-21
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ES-22
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Summary of Significant Environmental Impacts,
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Impact Mitigation Measures Significance After
Mitigation
localized sumps or catchment areas
with no outlet.
• Avoid changes to the character of the
runoff at property lines. Changes in
character include obstructing or
diverting existing runoff entering the
site, changing the depth and
frequency of flooding, concentration
of flow outletting onto adjacent
properties or streets, and increasing
the frequency or duration of runoff
outletting onto adjacent properties or
streets
• Minimize “Dry Weather” infiltration
that could add to the total infiltration
from the project.
Runoff shall be infiltrated on-lot where
feasible. However, because the area is
subject to geotechnical hazards, any
use of techniques involving infiltration
will need the approval of a geotechnical
engineer. Infiltration may be allowed on
a lot by lot basis or consistent with
existing conditions if no hazard is
determined to exist. If runoff cannot be
infiltrated, a combination of detention
and infiltration of the change in runoff
volume will mitigate some of the
impacts due to hydromodification.
Measures GEO-3 (a and b) would
require storm drainage systems be
designed to avoid increases in
infiltration of stormwater to the
satisfaction of the Director of Public
Works.
HWQ-4 Potential development
under the proposed ordinance
revisions would incrementally
increase the amount of on-site
impermeable surface in the project
area, which could affect the location
and amount of groundwater
infiltration. However, with adherence
to existing regulations related to
drainage design and with
implementation of Measures GEO-
3(a and b) and HWQ-3, impacts
related to groundwater recharge
would be Class II, less than
significant with mitigation
incorporated.
Mitigation beyond measures GEO-3 (a
and b) and HWQ-3 is not required.
These mitigation measures require on-
site infiltration and management of
precipitation such that runoff rates do
not increase above existing conditions
following development of a lot.
Less than significant with
mitigation incorporated.
HWQ-5 Adoption of the proposed
ordinance revisions would allow for
the construction of up to 31 single-
HWQ-5 Standards of Construction in
a Flood Zone D Area. Prior to issuance
of any grading permit or building permit,
Less than significant with
mitigation incorporated.
C-22
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ES-23
Table ES-1
Summary of Significant Environmental Impacts,
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Impact Mitigation Measures Significance After
Mitigation
family homes in the project area.
Several of the single-family homes
could be constructed in an area in
which there is a potential for flood
hazards. However, with
implementation of Mitigation
Measure HWQ-5, flooding impacts
would be Class II, less than
significant with mitigation
incorporated.
the applicant for any construction
project located in an area designated as
Zone D by FEMA shall comply with the
following, pursuant to Section 15.42.120
of the RPVMC. Plans shall be reviewed
and approved accordingly by the City
Building Official prior to issuance of any
grading or building permit:
• All new construction shall be
designed to be adequately anchored
to prevent flotation, collapse or
lateral movement of the structure
resulting from hydrodynamic and
hydrostatic loads, including the
effects of buoyancy
• All new construction shall be
constructed with materials and utility
equipment resistant to flood damage
• All new construction shall be
constructed using methods and
practices that minimize flood
damage
• All new construction shall be
constructed with electrical, heating,
ventilation, plumbing and air
conditioning equipment and other
service facilities that are designed
and/or located so as to prevent
water from entering or accumulating
within the components during
conditions of flooding
NOISE
N-1 Temporary project construction
would intermittently generate high
noise levels in and adjacent to the
project area. This would be a Class
III, less than significant, impact,
though mitigation has been added to
ensure compliance with applicable
requirements. .
No mitigation measures are required,
but the following measures would
ensure compliance with the RPVMC’s
allowed construction days and hours, as
well as with Portuguese Bend
Community Association (PBCA)
Architectural Conditions of Approval
related to construction noise.
N-1(a) Construction Schedule.
Permitted hours and days of
construction activity are 7:00 AM to 6:00
PM, Monday through Friday and 9:00
AM to 5:00 PM Saturday, with no
construction activity permitted on
Sundays or on the legal holidays
specified in Section 17.56.020 of the
Rancho Palos Verdes Municipal Code
without a special construction permit.
N-1(b) PBCA Conditions of
Approval. All project area construction
contractors shall comply with the
Less than significant without
mitigation.
C-23
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Executive Summary
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ES-24
Table ES-1
Summary of Significant Environmental Impacts,
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Impact Mitigation Measures Significance After
Mitigation
following standard Portuguese Bend
Community Association conditions:
• Large truck deliveries must enter
and exit from the Peppertree Gate.
Semi-trucks allowed for heavy
equipment delivery only. All other
deliveries limited to 3 axle or smaller
trucks.
• Concrete Deliveries: Only one truck
on-site at a time. Second and third
trucks can stay on Narcissa or
Sweetbay. No more than three
trucks in PBCA at a time. All trucks
must enter and exit through the
Peppertree Gate.
• Noise from radios or other amplified
sound devices shall not be audible
beyond the property
N-2 Construction facilitated by the
proposed ordinance revisions could
generate intermittent levels of
groundborne vibration affecting
residences and other buildings near
the project area. However, these
impacts are temporary in nature and
would not exceed thresholds.
Therefore, impacts would be Class
III, less than significant.
None required. Less than significant without
mitigation.
N-3 Traffic generated by the
potential development of up to 31
new residences in Zone 2 would
incrementally increase noise levels
on area roadways. However, the
increase in noise would not exceed
significance thresholds and would
therefore be Class III, less than
significant.
None required. Less than significant without
mitigation.
TRAFFIC AND CIRCULATION
Impact T-1 The potential increase in
vehicles traveling on the surrounding
roadway network from buildout
under the proposed ordinance
revisions would result in significant
impacts at four of the study area
intersections under existing plus
project conditions. In addition, the
increase in vehicle trips under
cumulative conditions would result in
significant impacts at five of the
study area intersections. Mitigation
Measures T-1(a) through T-1(d)
would reduce impacts to a less than
significant level at four of the five
intersections that would experience
significant impacts. However,
T-1(a) Seahill Drive-Tramonto
Drive/Palos Verdes Drive South. The
City shall provide a two-way left-turn
lane on Palos Verdes Drive South
within five years of adoption of the
Moratorium Ordinance revisions to
better facilitate the northbound left-turn
movement (i.e., from Seahill Drive) onto
westbound Palos Verdes Drive South.
(Note that this improvement is listed in
the City of Rancho Palos Verdes
General Plan Update).
T-1(b) Narcissa Drive/Palos Verdes
Drive South. The City shall provide a
two-way left-turn lane on Palos Verdes
Drive South, east of Narcissa Drive,
Significant and unavoidable
for the Via Rivera/
Hawthorne Boulevard
intersection because,
although installation of a
traffic signal could mitigate
the impact at that location,
such a signal is not
considered feasible at this
time..
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Zone 2 Landslide Moratorium Ordinance Revisions EIR
Executive Summary
City of Rancho Palos Verdes
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Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
because feasible mitigation is not
available at the Via
Rivera/Hawthorne Boulevard
intersection, the impact at that
location would be Class I, significant
and unavoidable.
within five years of adoption of the
Moratorium Ordinance revisions to
better facilitate the southbound left-turn
movement (i.e., exiting from Narcissa
Drive) onto eastbound Palos Verdes
Drive South. The existing westbound
left-turn lane at Narcissa Drive (which
serves one single family home) shall
also be converted to a two-way left-turn
lane in order to provide a refuge area
for exiting Narcissa Drive motorists to
turn into and wait prior to accelerating to
merge with the eastbound Palos Verdes
Drive South traffic flow.
T-1(c) Forrestal Drive/Palos Verdes
Drive South. The City shall provide a
two-way left-turn lane on Palos Verdes
Drive South within five years of
adoption of the Moratorium Ordinance
revisions to provide a deceleration and
storage area for left-turn vehicles
traveling in either direction. (Note that
this improvement is listed in the City of
Rancho Palos Verdes General Plan
Update).
T-1(d) Palos Verdes Drive East/Palos
Verdes Drive South. The City shall
provide a two-way left-turn lane on
Palos Verdes Drive South within five
years of adoption of the Moratorium
Ordinance revisions to provide a
deceleration and storage area for left-
turn vehicles traveling in either
direction. (Note that this improvement is
listed in the City of Rancho Palos
Verdes General Plan Update).
Installation of a traffic signal at the Via
Rivera/Hawthorne Boulevard
intersection could reduce the impact at
that location to a less than significant
level, as indicated in the Traffic Impact
Study in Appendix G. This potential
improvement is listed in the City of
Rancho Palos Verdes General Plan
Update. However, further study would
be required to determine when a signal
would be needed, how it would be
funded, and whether it may have
secondary effects that make it
undesirable. Consequently, requiring a
signal at the Via Rivera/Hawthorne
Boulevard intersection is not considered
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Zone 2 Landslide Moratorium Ordinance Revisions EIR
Executive Summary
City of Rancho Palos Verdes
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Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
feasible at this time.
T-2 The proposed project would
increase traffic levels along
roadways in the vicinity of the project
area and result in a significant
impact at one of two study roadway
segments under cumulative
conditions. Although Mitigation
Measure T-2 would reduce impacts
to a less than significant level, this
measure may be infeasible.
Therefore, the impact to this
roadway segment would remain
Class I, significant and unavoidable.
T-2 Palos Verdes Drive South east of
Narcissa Drive. Palos Verdes Drive
South shall be converted from a 2-lane
divided arterial to a 4-lane divided
arterial. (Note that this improvement is
listed in the City of Rancho Palos
Verdes General Plan Update).
Significant and unavoidable
because removal of bike
lanes that would be required
for the mitigation measure
may not be feasible.
T-3 Based on Los Angeles County
CMP criteria, impacts to CMP
identified freeway monitoring
segments and arterial intersections
as a result of buildout under the
proposed project would be Class III,
less than significant.
None required. Less than significant without
mitigation.
T-4 Access to the project area
during construction activity and
during the operational phase of the
project would be provided via Palos
Verdes Drive South. Although
construction traffic would be
temporary, it could potentially
exceed City significance thresholds
during peak construction periods.
Mitigation would reduce, but not
avoid this potential. Therefore,
temporary construction impacts
related to access and circulation
would be Class I, significant and
unavoidable.
T-4(a) Maintain Access. Maintain
existing access for land uses in
proximity to the project area.
T-4(b) Lane Closure Restrictions.
Limit any potential lane closures to off-
peak travel periods.
T-4(c) Material Deliveries. Schedule
receipt of construction materials during
non-peak travel periods and coordinate
deliveries to reduce the potential of
trucks waiting to unload for extended
periods of time.
T-4(d) Parking Restrictions. Prohibit
parking by construction workers on
adjacent streets and direct construction
workers to available parking as
determined in conjunction with City
staff.
Significant and unavoidable.
T-5 Development facilitated by the
proposed project would not conflict
with adopted policies, plans, or
programs supporting alternative
transportation. Impacts relating to
alternative transportation would be
Class III, less than significant.
None required. Less than significant without
mitigation.
UTILITIES AND SERVICE SYSTEMS
U-1 Wastewater conveyance and
treatment systems are adequate to
serve the potential for up to 42 new
residences to be built in the project
area. However, the 31 individual
U-1(a) Participation in Geotechnical
Hazard Abatement. Future project area
applicants shall participate in existing or
future geological and geotechnical
hazard abatement measures required
Less than significant with
mitigation incorporated.
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Zone 2 Landslide Moratorium Ordinance Revisions EIR
Executive Summary
City of Rancho Palos Verdes
ES-27
Table ES-1
Summary of Significant Environmental Impacts,
Mitigation Measures, and Residual Impacts
Impact Mitigation Measures Significance After
Mitigation
new residences that could be
constructed under the proposed
ordinance revisions would require
the extension of wastewater
conveyance facilities. This impact
would be Class II, less than
significant with mitigation
incorporated.
by the City, including but not limited to
any easement required by the City to
mitigate landslide conditions.
Compliance with such measures shall
be verified by the Director prior to the
issuance of any grading or building
permit.
U-1(b) Review and, as Necessary,
Upgrade of Project Area Sewer
System. The City shall update the
Abalone Cove Sewer Capacity Report
biannually. If deficiencies in the project
area sewer system are identified as part
of the biannual update, such
deficiencies shall be corrected to the
satisfaction of the City prior to or in
conjunction with any future project area
development that would add to or be
affected by such deficiencies.
TRIBAL CULTURAL RESOURCES
Impact TCR-1 Potential
development that the proposed
ordinance revisions could facilitate
on the undeveloped lots, which
could include up to 1,000 cubic
yards of grading per lot, has the
potential to disturb as-yet undetected
areas of tribal cultural significance.
This is a Class II, less than
significant with mitigation
incorporated, impact.
See Measure CR-1 in Section 4.4,
Cultural Resources.
Less than significant.
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Zone 2 Landslide Moratorium Ordinance Revisions EIR
Executive Summary
City of Rancho Palos Verdes
ES-28
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From:Dennis Gardner
To:Octavio Silva
Cc:Jeremy & Pippa Davies; Gordon & Claire Leon; Jim Knight <knightjim33@gmail.com>
Subject:September Council Meeting DEIR
Date:Thursday, August 29, 2019 12:03:12 PM
Octavio,
Because of the length of the document and the short time to review and comment it seems that the timing for public
comments at the September meeting is inadequate.
Written comments are due on October 7th. After that time it may be appropriate to discuss at a public meeting.
Please consider an extension of the public meeting till after the October deadline.
Thank you,
Dennis Gardner
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Judith A. King
645 Old Topanga Canyon Road
Topanga, CA 90290
Lot owner of vacant lot between 30 Sweetbay and 28 Sweetbay
310-346-3902
September 9, 2019
Re: Letter in support of the revised EIR, and in support of proposed
changes to the City landslide moratorium ordinance
Dear members of Rancho Palos Verdes City Council,
I write to urge the members of the City Council to approve the revised EIR
as currently proposed. I am a long-time property owner in Portuguese
Bend, owning a residence since 1974. My vacant lot sits next to our
residence at 30 Sweetbay Road and we have enjoyed using it since my two
children were little. We purchased it from the previous owner several
decades ago, after trying for many years. Although we have moved away, I
still own these properties and hope to move back soon. My children always
urge me not to sell either of them!
I plan to leave the vacant lot to my children and am hoping they have the
choice to develop it or not, which my ex-husband and I never had. We
always supported the Landslide Abatement District and welcomed having a
de-watering well on our property! I think the past few years the geologic
opinion in favor of building out the remaining Zone 2 lots has become more
certain which is thrilling for us.
I understand there are other issues, traffic and storm drains are major on
the list! These are fixable problems, and traffic shouldn’t be increased
enough to cause major problems. When we moved into the area in 1974,
there was only one stop sign and that was a problem! In consultation with
the county traffic engineers we were able to add stop signs and resolve a
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dangerous situation. I’m sure, working with traffic experts, changes can
again be made that will resolve any dangerous traffic situations.
Drainage was a problem in Portuguese Bend from long before we bought
our house and although improvements have been made, it remains a
problem. Runoff is good for the groundwater table, when it is carefully
channeled to the ocean. I trust the City of Rancho Palos Verdes, Los
Angeles County Flood Control and the Abalone Cove Landslide Abatement
District are looking carefully about this issue not just for Area 2 but for the
slide region in general.
Thank you for reading this!
Sincerely,
Judith A. King
dendrochick@aol.com
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