CC SR 20191119 02 - Zone 2 EIR
PUBLIC HEARING
Date: November 19, 2019
Subject: Consideration and possible action to certify the updated Final Environmental Impact
Report (Final EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions and to introduce an
ordinance revising the City’s Landslide Moratorium Ordinance to allow for the residential
development of 31 undeveloped lots in Zone 2
Recommendation: (1)Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES CERTIFYING AN ENVIRONMENTAL IMPACT REPORT; MAKING CERTAIN
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM FOR PLANNING CASE NO. PLCA2018-0004 (CODE
AMENDMENT) FOR AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF
TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL AMENDING
EXCEPTION CATEGORY ‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT OF 31 UNDEVELOPED LOTS IN
ZONE 2 OF THE CITY’S LANDSLIDE MORATORIUM AREA;
(2)Introduce Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO AMEND EXCEPTION CATEGORY
‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT OF 31 UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S
LANDSLIDE MORATORIUM AREA.
Subject Property/Location: Citywide
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.
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RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/19/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to certify the updated Final Environmental Impact
Report (Final EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions and to
introduce an ordinance revising the City’s Landslide Moratorium Ordinance to allow for
the residential development of 31 undeveloped lots in Zone 2
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT; MAKING CERTAIN ENVIRONMENTAL FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR
PLANNING CASE NO. PLCA2018-0004 (CODE AMENDMENT) FOR
AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
RANCHO PALOS VERDES MUNICIPAL AMENDING EXCEPTION CATEGORY
‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT OF 31 UNDEVELOPED
LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE MORATORIUM AREA;
(2) Introduce Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO AMEND EXCEPTION
CATEGORY ‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT OF 31
UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE
MORATORIUM AREA.
FISCAL IMPACT: There is no fiscal impact as a result of certifying the updated Final
EIR or enacting the proposed code amendment as the costs associated with the
processing applications for new residential development projects in Zone 2 will be offset
by permit processing fees. The cost of $121,017 associated with the preparation of the
Final EIR was budgeted in Fiscal Year 2019-20.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Senior Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2019-__ (page A-1)
Exhibit “A”- Statement of Facts and Findings and Statement of
Overriding Considerations Regarding the Environmental Effects
of the Zone 2 Landslide Moratorium Revisions
Exhibit “B”- Mitigation Monitoring and Reporting Program
B. Ordinance No. ___ (page B-1)
C. Public Comments on the Final EIR (page C-1)
D. Public Comments on Draft EIR received prior to the City Council meeting
on September 17, 2019 (page D-1)
The updated Final EIR, which was released to the public on November 1, 2019, is
available on the City’s website at the following link: https://www.rpvca.gov/1140/Zone-2-
Non-Monks-Lots. A hard copy can be provided to the City Council by contacting Staff.
Hard copies are also available for review at:
City Hall, Community Development Department
Miraleste Branch Library
Peninsula Center Library
Fred Hesse, Jr. Community Park
BACKGROUND AND DISCUSSION:
On August 22, 2019, the updated Draft Environmental Impact Report (Draft EIR) for the
Zone 2 Landslide Moratorium Ordinance Revisions was made available to the public for
a 45-day public comment period. During the Draft EIR comment period, a public hearing
was conducted with the City Council on September 17, 2019, to provide the public with
an additional venue to provide verbal comments on the Draft EIR. The staff report
presented that evening provided comprehensive background and overview of
development within Zone 2 of the Landslide Moratorium Area (LMA). A copy of the
report is available for review here. The Staff report also provided background on the
preparation and availability of the updated Draft EIR, including those factors that were
analyzed and determined to have potentially significant environmental impacts.
On October 7, 2019, the Draft EIR public comment period ended. During the public
comment period Staff received 65 comment letters, including three comment letters
from state and county agencies. The issues listed below reflect the general topics raised
by various commenters on the Draft EIR:
Geology, including slope stability, factor of safety, landslide movement,
impacts to Zone 5 and soils issues;
Hydrology, including flooding, storm drain and drainage problems, water
runoff and lot infiltration;
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Traffic, including emergency access, impacts to local roadways, and
roadway design;
Utility and service systems, including sewer capacity and design;
Subdivision of larger lots; and,
Construction impacts
Section 8 (Responses to Comments) of the Final EIR (page 8-1) provides specific
responses to these topics and others listed in the 65 comment letters, as well as
responses to the issues raised verbally by the public speakers during the September
17, 2019 City Council Meeting.
On October 31, 2019, the Community Development Department issued a public notice
that the Final EIR would be available for review on November 1, 2019, and that a public
hearing for the City Council to consider the Final EIR and related code amendment
would be held on November 19, 2019. The notice was mailed to property owners in and
within a 500-foot radius of Zone 2 and was published in the Peninsula News on October
31, 2019. A notice of tonight’s meeting was also provided by email to interested parties
through the City’s listserv message system for this project and posted citywide on the
City’s Nextdoor social media page. Links to the Final EIR were posted on the City’s
website on November 1, 2019, at http://www.rpvca.gov/1140/Zone-2-Non-Monks-Lots,
and hard copies of the documents were also made available to the pub lic at the
locations specified in the notice, including but not limited to, City Hall and the Hesse
Park Community Building. Prior to the date that this report was completed, Staff had
received 13 additional public comments regarding the Final EIR after it was released to
the public (Attachment C).
Proposed Code Amendment
The Final EIR supports the proposed code amendment that would amend Exception
Category ‘P’ of Section 15.20.040 (Exceptions) of the City’s Landslide Moratorium
Ordinance to allow for the future submittal of Landslide Moratorium Exception Permit
(LME) applications for 31 undeveloped lots within Zone 2 of the LMA. Based on the
analysis of the Final EIR and partially the architectural standards of the Portuguese
Bend Community Association, the development criteria for these lots would include the
following:
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% net lot coverage for RS-1 (residential single lot greater than 1
acre) and RS-2 (residential single lot greater than 20,000 square feet) zoned
properties;
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Maximum building height of 16 feet for residences and 12 feet for detached
accessory structures;
Minimum front setbacks of 20 feet, minimum rear setbacks of 15 feet, minimum
street-side setbacks of 10 feet, and minimum interior side setbacks of 5 feet, with
setbacks along private street rights-of-way measured from the edge of easement
line rather than the property line; and,
No subdivision of existing lots within Zone 2.
The proposed amendment to Exception Category ‘P’ is provided below (new text is
identified in bold/underline).
P. 1. The construction of residential buildings, accessory structures, and
grading totaling less than 1,000 cubic yards of combined cut and fill and
including no more than 50 cubic yards of imported fill material on the 16
undeveloped lots in Zone 2 of the "landslide moratorium area" as outlined
in green on the landslide moratorium map on file in the director's office,
identified as belonging to the plaintiffs in the case "Monks v. City of
Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal.
App. 2 Dist., 2008)"; provided, that a landslide moratorium exception
permit is approved by the director, and provided that the project complies
with the criteria set forth in Section 15.20.050 (Landslide Mitigation
Measures Required) 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.
2. The construction of single-story residential buildings with a
maximum height of 16’, as measured pursuant to Section
17.02.040(B)(1)(c) of the Rancho Palos Verdes Municipal Code, and
accessory structures with a maximum height of 12’, as measured
pursuant to Section 17.48.050(D) of the Rancho Palos Verdes
Municipal Code with a maximum lot coverage of 25% for RS-1 and
RS-2 zoned lots and grading totaling less than 1,000 cubic yards of
combined cut and fill and including no more than 50 cubic yards of
imported fill material on the 31 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, and which are not
within the scope of subparagraph (1) above; provided that a
landslide moratorium exception permit is approved by the director,
provided that the project complies with the criteria set forth in
Section 15.20.050 (Landslide Mitigation Measures Required) of this
chapter and the Mitigation Monitoring and Reporting Program
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approved for the Environmental Impact Report related to the Zone 2
Code Amendments for the non-Monks lots (Case No. PLCA2018-
0004). 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 code amendment would revise Exception Category ‘P’ to establish two
subparagraphs to allow for further residential development in Zone 2 of the LMA. More
specifically, Subparagraph (1) continues to allow for the filing of LME applications for
the residential development of the 16 Monks plaintiffs’ lots without any revisions to the
code. Subparagraph (2) affords the owners of the other 31 undeveloped lots in Zone 2
the opportunity to also file LME applications for the development of the ir lots. With the
approval of a LME, the owners of the 31 undeveloped “non-Monks” lots would be
allowed to apply for the necessary planning entitlements and building permits to build
new, permanent structures on the undeveloped lots. Such structures would be subjec t
to City’s development review process, which includes, but is not limited to, review of an
approved geology report, grading and drainage plan review, and neighborhood
compatibility analysis. Furthermore, future development of these lots would be subject
to the architectural standards cited in the Mitigation Monitoring and Reporting Program,
as noted above.
Environmental Assessment
Final EIR
The City, through its environmental consultant (Rincon Consultants), evaluated the
proposed project’s impacts on the environment through the preparation of an EIR. With
regard to the scope of the document and what is assessed, the scope is mandated by
the California Environmental Quality Act (CEQA) environmental checklist. The checklist
identifies various environmental factors that were reviewed as part of this process,
which include but are not limited to, aesthetics, biological resources, traffic and geology.
In the course of this evaluation, certain impacts of the project were found to be less than
significant. Other impacts were found to be potentially significant, but could be mitigated
to a less-than-significant level. Three impacts were found to be significant and
unavoidable, even after mitigation.
The EIR concluded that the proposed project could result in potentially-significant
impacts to several issue areas, which were studied further in the EIR. These included:
Aesthetics;
Air Quality;
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Biological Resources;
Cultural Resources;
Fire Protection;
Geology;
Hydrology and Water Quality;
Noise;
Traffic and Circulation;
Utilities and Service Systems; and,
Tribal Cultural Resources
However, based on the EIR analysis, it was concluded that nearly all of the issues
identified above could be mitigated to a less-than-significant level through the imposition
of mitigation measures. It is important to note that, as required by CEQA, the mitigation
measures included in this EIR were designed to mitigate the specific impacts of the
proposed project and were not intended to mitigate existing conditions in the area
except to the extent the development of lots in Zone 2 exacerbates such conditions. As
part of the preparation of the Final EIR, Staff augmented proposed mitigation measures
including further expanding drainage plan submittal requirements and certifications. It
should be noted that the proposed mitigation measure HQW -3(a) includes a provision
establishing a maximum lot coverage of 25% for the 31 undeveloped Zone 2 lots
subject to this code amendment. This mitigation measure would reduce the lot coverage
of those RS-2 properties from 40% to 25%. This change would serve to minimize
impervious surface coverage and further reduce water runoff from developed properties.
City Staff also proposed a new mitigation measure to track construction activity
associated with the future development of the 31 undeveloped lots in order to provide
City Staff and area residents with a geographic information systems (GIS) development-
monitoring resource. The potential impacts and the appropriate mitigation measures
related to these environmental factors are summarized in the Executive Summary
included in the Final EIR, a copy of which is available for review here. The proposed
mitigation measures would also become part of the Mitigation Monitoring and Reporting
Program for the project that is included in the Appendices of the Final EIR, a copy of
which is available for review here.
The Final EIR identifies potentially-significant environmental impacts with respect to
Traffic and Circulation that cannot be fully mitigated and are, therefore, considered
significant and unavoidable. Specifically, the impacts are based on an assessment of a
complete build out of the project area and are associated with 1) increased traffic levels
at intersections in the vicinity of the project site; 2) increased traffic levels along
roadways in the vicinity of the project area; and 3) temporary construction traffic levels.
To the extent that these impacts remain significant and unavoidable, the City Council
must adopt a Statement of Overriding Considerations determining that such impacts are
acceptable in light of the economic, legal, social, technological or other benefits.
The Final EIR mirrors the Draft EIR in format. The key difference is that the Final EIR
includes a “Response to Comments” section (available here), which provides responses
to the 65 comment letters received during the Draft EIR comment period, and
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responses to the issues raised verbally by public speakers at the September 17, 2019
City Council hearing. In accordance with CEQA requirements, the responses to
comments focus on those comments that pertain to environmental issues. The Final
EIR also includes minor modifications to the text of the document for clarification or
edits as a result of the comments received from the public during the 45-day comment
period. As a result of the responses to comments on the Draft EIR, modifications were
made to the document, which are identified in underline for added text and in
strikethrough for deleted text.
EIR Errata
The City received 15 letters regarding the Landslide Moratorium Ordinance prior to the
September 17, 2019 City Council hearing that were inadvertently omitted from the Final
EIR (Attachment D). Of these 15 letters, 13 support the proposed Zone 2 Landslide
Moratorium Ordinance revisions and EIR and, therefore, do not require a response.
Another letter, from Dennis Gardner, requested rescheduling of the hearing until after
the October 7, 2019 deadline for submitting comments on the Draft EIR. The hearing
was scheduled, but the City Council will be considering the Final EIR at tonight’s
meeting. The final letter, from Ellen Wright, raises certain questions about future Zone 2
development, but does not directly address the EIR. Nevertheless, the questions raised
by Ms. Wright are listed below, followed by responses to those questions.
1. How does the City look at fire safety and the ability to fight fires?
Fire safety procedures are described in Section 4.7, Fire Hazards, of the Draft and Final
EIRs. As discussed in Section 4.7, the proposed project would not create any impacts
related to fire safety that cannot be mitigated to below a level of significance.
Emergency evacuation is further discussed in Response 10.18 in Section 8.0,
Responses to Comments on the Draft EIR, of the Final EIR.
2. Will Mr. York’s road be used to get equipment into place to fight fires?
The York property is private property so the City cannot compel the property owner to
provide specific access to the project area. That said, in case of emergency, response
personnel would be expected to use whatever means of access is necessary to address
the emergency, including the use of private property.
3. Will neighborhood rules be monitored and policed?
The Portuguese Bend Community Association will be responsible for policing of its
rules. The City will enforce applicable Municipal Code requirements, as well as
mitigation measures adopted as part of the Final EIR based on permits issued.
4. Will Zone 2 open at once or will there be a lottery regarding who builds first
and the timeframe for construction?
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Individual property owners would be able to submit development applications at any
time once the new provisions of Exception Category P(2) are in effect. There is no
lottery or specific timeframe for submittal and approval of individual development
applications. Based upon past experience with Monks plaintiffs’ lots in Zone 2,
construction of individual homes would be expected to take a year or more. Although
the analyses in the EIR assessed project impacts at full build -out of the 31 undeveloped
lots, City Staff is of the opinion that not all of the lots will be developed at once.
5. What is the timeframe in which construction of new homes will start?
The timeframe for new construction cannot be predicted with certainty. Individual
property owners would be able to submit development applications at any time after the
ordinance amending Chapter 15.20 becomes effective. The approval process for any
individual home would likely take at least several months and then construction would
typically take a year or more to complete. It is anticipated that full buildout of the
remaining vacant Zone 2 lots would occur over a period of several years at least.
EIR Findings
Pursuant to CEQA requirements, the City is required to adopt two sets of findings prior
to approving a project that will generate a significant impact on the environment, which
include 1) a Statement of Facts and Findings, and 2) a Statement of Overriding
Considerations and are further discussed below:
Statement of Facts and Findings:
The Statement of Facts and Findings identifies the significant impacts, presents facts
supporting the conclusions reached in the analysis, makes one or more of the following
three findings for each impact, and explains the reasoning behind the City’s findi ngs.
The possible findings are as follows:
(1) Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effect as identified in the Final EIR.
(2) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or
can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly-trained workers, make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
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In summary, Staff believes that Finding No.1 can be adopted with respect to most
project impacts since changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant environmental effects
identified in the Final EIR. Based on the development parameters in the proposed
amendment to Chapter 15.20 and mitigation measures identified in the Final EIR, this
finding can be made and adopted.
Statement of Overriding Considerations:
The Statement of Overriding Considerations is required when a project will cause
unavoidable significant impacts that cannot be mitigated to less-than-significant levels.
Although mitigation measures for potential project impacts have been included where
feasible, the following project impact cannot be fully mitigated:
Traffic and Circulation – Intersections, Roadway Segments, and Temporary
Construction Impacts
Details of these significant unavoidable adverse impacts are discussed in the Final EIR
and are summarized in Section VI, Environmental Effects That Remain Significant and
Unavoidable after Mitigation, and Findings, in the Statement of Facts and Findings and
Statement of Overriding Considerations, a copy of which is available for review here.
Staff believes that, to the extent that significant Traffic and Circulation impacts would
remain as identified in the Statement of Facts and Findings, these impacts are
acceptable and are outweighed by economic, legal, social, and other benefits of the
project. Furthermore, the alternatives that were identified in the Final EIR would not
provide the project benefits to the same extent as the proposed project. Staff offers the
following findings as a basis for adopting the Statement of Overriding Considerations:
1. The City of Rancho Palos Verdes finds that all feasible mitigation measures
have been imposed to lessen project impacts to a less-than-significant level
and that alternatives to the project are infeasible because , while they have
similar or fewer/reduced environmental impacts, they do not provide all of the
benefits of the project, or are otherwise socially or economically infeasible
when compared to the project, as described in the Statement of Facts and
Findings.
2. The City of Rancho Palos Verdes finds that the City could be exposed to legal
challenge from the owners of the 31 developable non-Monks parcels if the
Zone 2 Landslide Moratorium Ordinance Revisions are not adopted. The
identified significant impacts would not be severe enough to outweigh the
potential adverse impact to the City of a successful legal challenge, which
could result in an outcome similar to the proposed ordinance revisions.
3. The City of Rancho Palos Verdes finds that it is in the best interest of the City
and the Zone 2 property owners to allow all Zone 2 landowners the
opportunity to apply to build single-family residences on their parcels, a
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condition that already exists for other Zone 2 parcels, and that has existed in
the past when the existing single-family residences and associated features
were constructed.
4. The City of Rancho Palos Verdes finds that, while Mitigation Measure T-2
may not be feasible, the benefit of preserving the value of the semi-rural
character of the proposed intersection area outweighs the significant impact
on traffic and circulation in the area. It is in the best interest of the City and
the Rancho Palos Verdes community to maintain the bike lanes rather than
convert the bike lanes to additional motor vehicle lanes.
5. The City of Rancho Palos Verdes finds that installation of a traffic signal at
Via Rivera/Hawthorne Boulevard may be feasible and may be implemented at
some point if consistent with the City of Rancho Palos Verdes General Plan.
City Staff will continue to study the overall traffic patterns for that portion of
the City to determine the best overall solutions. Therefore, implementation of
a signal is not warranted at this time, particularly in light of the relatively small
contribution of project-generated traffic at that location.
It should be noted that the text of Finding No. 4, listed above, was updated to provide
additional clarity from the version of the Final EIR and in the Statement of Facts and
Findings and Statement of Overriding Considerations that was initially made available to
the public on November 1, 2019. Specifically, the clarification was made with re spect to
City’s intent to maintain bike lanes rather than covert those lanes to motor vehicle lanes.
Therefore, having reviewed and considered the information contained in the Final EIR,
Technical Appendices and the public record, City Staff believes that the benefits of the
proposed project to the City, Zone 2 property owners and the general public have been
balanced against the unavoidable adverse environmental impacts in reaching a decision
on this project, and that a Statement of Overriding Considerations can be adopted.
ADDITIONAL INFORMATION:
Public Notice
As a result of the public hearing notice that was published in the Peninsula News on
October 31, 2019, Staff received 13 public comments prior to the date that this report
was completed. Of the comments that were received, eight expressed support for the
proposed Zone 2 Landslide Moratorium Ordinance revisions and Final EIR. The
remaining five comment letters expressed concerns with the general issues listed
below:
Traffic issues
Roadway design
Emergency access
Landslide activity
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Neighborhood compatibility concerns
In reviewing the comments that were received in response to the Final EIR notice, Staff
determined that the issues and topics raised are similar to those raised in other
comments on the Draft EIR. Accordingly, Staff believes that no new impacts have been
identified that warrant recirculation of the Final EIR or significant amendments to the
analysis contained therein.
Undeveloped Monks Plaintiffs’ Lots
As of August 2019, eight Monks plaintiffs’ lots have been developed with residences
and ancillary site improvements, with three additional lots currently in construction. In
addition, the owner of one lot is currently pursuing building permit issuance. Four Monks
plaintiffs’ lots remain vacant, with the owners having previously obtained LMEs, but
which have subsequently expired. The proposed development criteria and mitigation
measures associated with this code amendment request currently do not apply to the
four undeveloped Monks plaintiffs’ lots. This is because the Final EIR and code
amendment before the Council this evening did not include environmental review for the
remaining Monks plaintiffs’ lots. To apply these standards, it would require assessing
the potential impacts of imposing these new regulations on those lots. In the coming
months, after completing the additional environmental review necessary, Staff will return
to the City Council with a proposal to impose these same standards on currently
undeveloped Monks plaintiffs’ lots in Zone 2. In the meantime, these lots can proceed
with permitting based on the current code requirements.
Future Revisions to Language of Landslide Moratorium Ordinance
Since its adoption, Chapter 15.20 of the Municipal Code has been referred to as the
“landslide moratorium ordinance.” Under California law, however, a moratorium may not
last longer than two years. Furthermore, as Chapter 15.20 has been amended
repeatedly over the years, it has become less a prohibition on development in the
landslide area and more a means of allowing development and conditioning it so as not
to exacerbate land movement and to protect the public health and safety. Accordingly,
Staff recommends the title and language of Chapter 15.20 be changed to better reflect
the objectives of the chapter. In the coming months, Staff will return to the City Council
with a proposed revision of Chapter 15.20 that will eliminate the use of the word
“moratorium,” but otherwise preserve the development limitations and conditions
currently in effect.
CONCLUSION:
For the reasons described throughout this report, based on the discussion and analyses
contained in the Final EIR and the conditions that have been included to mitigate
adverse environmental impacts, City Staff recommends that the City Council 1) adopt
Resolution No. 2019-__, certifying the Environmental Impact Report, making certain
environmental findings pursuant to CEQA, adopting a Statement of Overriding
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Considerations, and adopting a Mitigation Monitoring and Reporting Program; and 2)
introduce Ordinance No. ___, amending Municipal Code Chapter 15.20.040
(Exceptions) of Title 15 (Buildings and Construction) to amend Exception Category ‘P’
allowing for the residential development of an additional 31 undeveloped lots in Zone 2
of the City’s Landslide Moratorium Area.
ALTERNATIVES:
In addition to the City Staff recommendations, the following alternative actions are
available for consideration by the City Council:
1. Continue the public hearing to a date certain to allow additional time for
the public to review the Final EIR and the responses to the comments
received on the Draft EIR; or,
2. Identify any issues of concern and provide Staff with direction in
addressing such issues; or,
3. Take no action and table this item, thereby not adopting any amendments
to the City’s Landslide Moratorium Ordinance and not establishing an
exception category to allow the developmen t of 31 undeveloped non-
Monks lots in Zone 2.
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RESOLUTION NO. 2019-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT; MAKING CERTAIN ENVIRONMENTAL
FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR
PLANNING CASE NO. PLCA2018-0004 (CODE AMENDMENT)
FOR AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL AMENDING EXCEPTION CATEGORY ‘P’ TO
ALLOW FOR THE FUTURE DEVELOPMENT OF 31
UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE
MORATORIUM AREA.
WHEREAS, on October 14, 2009, the City commenced the processing of a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings
and Construction) of the Rancho Palos Verdes Municipal Code to allow for the future
residential development of 31 undeveloped lots in Zone 2 of the City’s Landslide
Moratorium Area (LMA) (“Project”); and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et seq. (“CEQA”), the State’s CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., the City’s Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), the City of Rancho Palos Verdes prepared an Environmental
Impact Report (EIR); and,
WHEREAS, on January 3, 2011, the City prepared an Initial Study (IS) and a
Notice of Preparation (NOP) for the proposed project, which were released to the public
and public agencies for review; and,
WHEREAS, on February 1, 2011, the City Council conducted a public scoping
meeting to provide a forum for agencies and members of the community to provide verbal
comments on the IS and NOP; and,
WHEREAS, on September 21, 2012, the Draft EIR was made availab le to the
public for review and subsequently the City Council conducted a public hearing on
November 7, 2012 in order to provide the public an opportunity to provide verbal
comments on the Draft EIR; and,
WHEREAS, on March 6, 2014, the Final EIR was completed and released to the
public for review. The City Council conducted public hearing on April 15, 2014, May 6,
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2014 and June 17, 2014 to allow additional time for the public to submit comments related
to the EIR and proposed project, as well as to allow staff and the City’s consultants to
address additional comments made by the public and any issues raised by the City
Council; and,
WHEREAS, on August 5, 2014, the City Council conducted a public hearing o n the
Final EIR and after considering evidence introduced into the record, tabled the
certification of the Final EIR and the adoption of the proposed Zone 2 Landslide
Moratorium Ordinance Revisions; and,
WHEREAS, on November 8, 2018, the City re-initiated the environmental review
process for the proposed Zone 2 Landslide Moratorium Ordinance Revisions with the
circulation of an NOP, which provided for a 30-day public scoping period. The City re-
initiated the process to amend the City’s Landslide Moratorium to allow for the future
development of 31undeveloped lots in Zone 2 of the City’s LMA. Several properties in the
Zone 2 had been residentially developed or were in the process of being developed and
the City sought to assess how changed conditions affect the surrounding environment.
The City also re-initiated the process in response to litigation filed by a group of property
owners in Zone 2 seeking to develop their properties; and,
WHEREAS, after the NOP comment period ended, the Updated Draft EIR was
prepared taking into account comments that were submitted during the public scoping
period and a Notice of Availability (NOA) was issued by the City on August 22, 2019,
which informed State and local agencies, interested parties and the public t hat the
updated Draft EIR was available for review, and providing for a 45 -day public comment
period, which ended on October 7, 2019; and,
WHEREAS, the IS included in the Updated Draft EIR that was prepared in 2011
as part of the original environmental review for the Zone 2 Landslide Moratorium
Ordinance Revisions. The IS project description reflected the 47 lots that were
undeveloped at that time. It also reflected the CEQA Guidelines environmental checklist
that was in place at that time. Although the IS was not updated when the new NOP was
released in 2018, the recirculated 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; and,
WHEREAS, on September 17, 2019, the City Council conducted a public hearing
in order for the City to receive public oral comments regarding the Updated Draft EIR;
and,
WHEREAS, on October 31, 2019, the Community Development Department
issued a notice informing the public that the Final EIR would be available for review on
November 1, 2019. The notice was provided via mail to property owners in and within a
500-foot radius of Zone 2 and was published in the Peninsula News on October 31, 2019.
A notice of the meeting was also provided by email to interested parties through the City’s
listserv message system for this project, and posted citywide on the City’s Nextdoor social
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media page. The notice also informed the public that a public hearing was scheduled with
the City Council on November 19, 2019, to consider certification of the Final EIR and
approval of the proposed code amendment; and,
WHEREAS, on November 1, 2019, the Final EIR was made available on the City’s
website and hard copies of the documents were also made available to the public at the
locations specified in the notice, including but not limited to, City Hall and the Hesse Park
Community Building; and,
WHEREAS, at its November 19, 2019, meeting, the City Council held a duly-
noticed public hearing, at which time all interested parties were given an opportunity to
be heard and further present evidence regarding the proposed Code Amendment, the
Final EIR and the responses to the comments received regarding the Draft EIR.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council has independently reviewed and considered the
content of the Final EIR, the public comments on it, and other evidence before the City
Council on the proposed Ordinance Revisions. The City finds that the Final EIR reflects
the independent judgment of the City Council as to the proposed project. The City Council
further finds that the additional information provide d in the staff reports, in the Final EIR
and the evidence presented in written and oral testimony at the City Council hearing do
not constitute new information requiring further re-circulation of the EIR under CEQA.
None of the information presented to the City Council deprived the public of a meaningful
opportunity to comment upon a substantial environmental impact of the Project or a
feasible mitigation measure or alternative that the City has declined to implement.
Section 2: The City Council finds that the comments regarding the Draft EIR
and the responses to those comments were received by the City Council; that the City
Council received documents and public testimony regarding the adequacy of the EIR;
and that the City Council reviewed and considered all such documents and testimony,
and the Final EIR. In accordance with Guidelines Section 15090, the City Council hereby
certifies that the Final EIR has been completed in compliance with CEQA, as to the
Project.
Section 3: Based upon the Final EIR and the record before the City Council, the
City Council finds that the Project will create significant and unavoidable impacts to Traffic
and Circulation (specifically, with respect to Intersections, Roadway Segments, and
Temporary Construction Impacts). These significant impacts are further described in the
attached Exhibit “A”, entitled “titled Statement of Facts and Findings and Statement of
Overriding Considerations Regarding the Environmental Effects of the Zone 2 Landslide
Moratorium Revisions,” which is attached hereto and incorporated herein by this
reference, and in the Final EIR. The findings in Exhibit “A” explain that all feasible
mitigation has incorporated to reduce the level of these impacts to the level of
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insignificance to the degree feasible, but that even after mitigation, these impacts remain
significant.
Section 4: The EIR describes, and the City Council has fully considered, a
reasonable range of alternatives to the Project. With respect to each of the alternatives
analyzed in the EIR, the Council hereby makes the findings, set forth in Exhibit “A” which
is attached hereto and incorporated by reference. On the whole, the Project is
environmentally superior to other feasible alternatives. As such, the City Council finds that
all other alternatives and variations are infeasible or are not environmentally preferable
for the reasons set forth in Exhibit “A”.
Section 5: With the appropriate mitigation measures, which include, but not
limited to, the requirement for Neighborhood Compatibility Analysis for new residences;
limitations on exterior illumination; imposition of City and regional restrictions upon fugitive
dust control and construction vehicle emissions; preparation of biological surveys for
properties identified as containing sensitive vegetation communities; protection of cultural
and tribal cultural resources during grading operations; completion of geotechnical
analysis of any proposed grading and construction prior to building permit issuance;
imposition of fire protection requirements upon construction of new structures in
accordance with the City’s most recently-adopted Building Code; control and treatment
of site run-off both during and after construction; limitations on construction hours and
haul routes; the tracking of construction activity; adherence to traffic and access
requirements established by the local Homeowners Association; and connection of all
new structures to the Abalone Cove Sewer System, the proposed project will not have a
significant impact on the environment.
Section 6: For the significant and unavoidable impact related to Traffic and
Circulation (specifically, with respect to Intersections, Roadway Segments, and
Temporary Construction Impacts), as identified in the Final EIR as “significant and
unavoidable,” the City Council hereby adopts the “Statement of Overriding
Considerations” that is set forth in Exhibit “A”, which is attached hereto and incorporated
herein by reference. The City Council finds that each of the overriding benefits, by
themselves, would justify proceeding with the Project despite any significant and
unavoidable impacts identified in the Final EIR.
Section 7: The City Council hereby adopts the Mitigation Monitoring and
Reporting Program, attached hereto as Exhibit “B” and incorporated herein by this
reference, and imposes each mitigation measure as a condition of the Project’s approval.
City Staff shall be responsible for the enforcement and monitoring of the mitigation
measures as described in Exhibit “B”.
Section 8: Planning Case No. PLCA2018-0004 for the Zone 2 Landslide
Moratorium Revisions is consistent with the City’s General Plan and with the underlying
residential designations, which will not be changed as a result of the approval of the
proposed Project.
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Section 9: For the foregoing reasons and based on the information and findings
included in the Staff Reports, Environmental Assessment and other components of the
legislative record, in the Final EIR, and in the attached Exhibit “A”, entitled “Statement of
Facts and Findings and Statement of Overriding Considerations Regarding the
Environmental Effects for the Zone 2 Landslide Moratorium Ordinance Revisions,” the
City Council of the City of Rancho Palos Verdes hereby certifies the Final EIR and adopts
the attached Exhibit “A”, entitled “Statement of Facts and Findings and Statement of
Overriding Considerations Regarding the Environmental Effects for the Zone 2 Landslide
Moratorium Ordinance Revisions” and adopts the attached Mitigation Monitoring and
Reporting Program (Exhibit “B”) associated with Planning Case No. PLCA2018 -0004,
thereby amending Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Building
and Construction) of the Rancho Palos Verdes Municipal Code to amend Exception
Category ‘P’ to allow for the future development of 31 undeveloped lots in Zone 2 of the
City’s Landslide Moratorium Area.
Section 10: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
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PASSED, APPROVED, AND ADOPTED this 19th day of November 2019.
_________________________________
Mayor
ATTEST:
____________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2019-__, was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on November 19, 2019.
__________________________________
City Clerk
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CITY OF RANCHO PALOS VERDES CITY COUNCIL RESOLUTION NO. _____
EXHIBIT “A”
STATEMENT OF FACTS AND FINDINGS AND STATEMENT
OF OVERRIDING CONSIDERATIONS REGARDING THE
ENVIRONMENTAL EFFECTS FOR THE
ZONE 2 LANDSLIDE MORATORIUM ORDINANCE REVISIONS
SCH # 2010121073
Lead Agency:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Contact: Octavio Silva, Senior Planner
(310) 544-5234
November 2019
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TABLE OF CONTENTS
I Introduction ............................................................................................................................ 1
II Description of Project Proposed for Approval .................................................................. 3
III Effects Determined To Be Less Than Significant in the Initial Study/Notice Of
Preparation ....................................................................................................................... 5
IV Effects Determined To Be Less Than Significant ............................................................ 14
V Effects Determined To Be Less Than Significant With Mitigation and Findings ....... 17
VI Environmental Effects That Remain Significant and Unavoidable After
Mitigation and Findings ................................................................................................ 39
VII Alternatives to the Proposed Project ................................................................................ 43
VIII STATEMENT OF OVERRIDING CONSIDERATIONS ................................................. 46
A Introduction ................................................................................................................... 46
B Significant Unavoidable Adverse Impacts ................................................................ 46
C Overriding Considerations .......................................................................................... 47
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STATEMENT OF FACTS AND FINDINGS
I INTRODUCTION
The California Environmental Quality Act (CEQA) requires that a Lead Agency issue
two sets of findings prior to approving a project that will generate a significant impact
on the environment. The Statement of Facts and Findings is the first set of findings
where the Lead Agency identifies the significant impacts, presents facts supporting the
conclusions reached in the analysis, makes one or more of three findings for each
impact, and explains the reasoning behind the agency’s findings.
The following statement of facts and findings has been prepared in accordance with the
California Environmental Quality Act (CEQA) and Public Resources Code Section 21081.
CEQA Guidelines Section 15091 (a) provides that:
No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the
project unless the public agency makes one or more written findings for each of
those significant effects, accompanied by a brief explanation of the rationale for
each finding.
There are three possible finding categories available for the Statement of Facts and
Findings pursuant to Section 15091 (a) of the CEQA Guidelines.
(1) Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
(3) Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or project alternatives identified in
the final EIR.
These findings relevant to the project are presented in Sections V and VI.
The Statement of Overriding Considerations is the second set of findings. Where a
project will cause unavoidable significant impacts, the Lead Agency may still approve
the project where its benefits outweigh the adverse impacts. Further, as provided in the
Statement of Overriding Considerations, the Lead Agency sets forth specific reasoning
by which benefits are balanced against effects, and approves the project.
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The City of Rancho Palos Verdes, the CEQA Lead Agency, finds and declares that the
proposed Zone 2 Landslide Moratorium Ordinance Revisions Environmental Impact
Report (EIR) has been completed in compliance with CEQA and the CEQA Guidelines.
The City of Rancho Palos Verdes finds and certifies that the EIR was reviewed and
information contained in the EIR was considered prior to approving the proposed Zone
2 Landslide Moratorium Ordinance Revisions, herein referred to as the “project.”
Based upon its review of the EIR, the Lead Agency finds that the EIR is an adequate
assessment of the potentially significant environmental impacts of the proposed project,
represents the independent judgment of the Lead Agency, and sets forth an adequate
range of alternatives to this project. The City Council of the City of Rancho Palos Verdes
certified the Final EIR at its meeting of November 19, 2019.
The Final EIR is comprised of the following elements:
The Zone 2 Landslide Moratorium Ordinance Revisions EIR, including the
responses to comments on the Draft EIR and changes made to the EIR based on
the comments received; and
Mitigation monitoring and reporting program.
The remainder of this document is organized as follows:
II. Description of project proposed for approval;
III. Effects determined to be less than significant in the Initial Study/Notice of
Preparation;
IV. Effects determined to be less than significant;
V. Effects determined to be less than significant with mitigation and findings;
VI. Environmental effects that remain significant and unavoidable after mitigation
and findings;
VII. Alternatives to the proposed project; and
VIII. Statement of Overriding Considerations.
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II DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL
The proposed Zone 2 Landslide Moratorium Ordinance Revisions project applies 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, 72 lots are developed with residences and accessory structures
(including 8 Monks Plaintiffs’ lots), 3 additional lots are currently in construction, the owner of
1 lot is currently pursuing building permit issuance, owners of 4 lots have obtained Landslide
Moratorium Exception (LME) permits that have subsequently expired, and 31 are undeveloped
lots with no entitlements. These latter 31 are the focus of the EIR.
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
Monks plaintiffs’ lots. This would allow for the future submittal of LMEs for all undeveloped
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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lots. However, that the granting of an LME does not constitute approval of a specific project,
but simply grants the property owner the ability to submit the appropriate application(s) for
consideration of a specific project.
Future Development Potential. The potential granting of up to 31 LME requests under
the proposed ordinance revisions would permit individual property owners to apply for
individual entitlements to develop their lots. The undeveloped lots within Zone 2 are held in
multiple private ownerships so the timing and scope of future development is not known. For
the purposes of this EIR, it is assumed that development would occur over a period of at least
10 years from adoption of the ordinance revisions in a manner consistent with the private
architectural standards adopted by the Portuguese Bend Community Association and the City’s
underlying RS-1 and RS-2 zoning regulations. Therefore, the future development assumptions
for Zone 2 include the following:
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;2
Maximum building height of 16 feet for residences and 12 feet for detached
accessory structures, based on the City’s “building pad” height requirements;
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.
2 The development assumption of a maximum 40% net lot coverage for RS-2 parcels was utilized for the analysis of the proposed
project’s impacts in the EIR. As discussed in Section 4.8, Hydrology and Water Quality, of the EIR, Mitigation Measure HWQ-3(a)
would change maximum lot coverage for RS-2 parcels to 25%.
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III EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE
INITIAL STUDY/NOTICE OF PREPARATION
The City of Rancho Palos Verdes conducted an Initial Study to determine the potentially
significant effects of the project. The Initial Study was prepared in 2011 as part of the original
environmental review for the Zone 2 Landslide Moratorium Ordinance Revisions. The Initial
Study analysis reflects the 47 lots that were either undeveloped or had no development
entitlement 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 recirculated Draft EIR reflects both the current number of
undeveloped/unentitled lots (31) and new relevant issues (such as tribal cultural resources) that
are included in the current CEQA Guidelines. In the course of the Initial Study evaluation,
certain impacts of the project were found to be less than significant due to the inability of a
project of this scope to create such impacts or the absence of project characteristics producing
effects of this type. The effects determined not to be significant are not included in primary
analysis sections of the Final EIR (refer to Appendix A, Initial Study and Notice of Preparation, of
the Final EIR).
AGRICULTURAL RESOURCES
Will the Project:
Convert Prime Farmland, Unique Farmland, Farmland of Statewide Importance (Farmland), as shown
on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
No Impact. The project area is not located in an area designated as Prime or
Unique Farmland, or within Farmland of Statewide Importance.
Conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The project area is not zoned or otherwise designated for agricultural
uses, nor is any portion of the project area subject to a Williamson Act contract.
The project area is not located adjacent to agricultural operations and currently
contains no significant agricultural operations. As such, no conflicts with a
Williamson Act contract or existing zoning for agricultural use would occur. The
project would not involve conversion of forest land to non-forest uses.
Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government Code section 51104(g))? Result in the loss of forest
land or conversion of forest land to non-forest use?
No Impact. The project area is located in a residential area in the City of Rancho
Palos Verdes. As such, project area development would not have the potential to
result in the loss or conversion of farmland to non-agricultural use.
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Result in the loss of forest land or conversion of forest land to non-forest use?
No Impact. The project area is located in a residential neighborhood that is
designated for residential use by the General Plan and the Municipal Code. The
project would not involve conversion of forest land to non-forest uses.
Involve other changes in the existing environment which, due to their location or nature, could
result in conversion of Farmland, to non-agricultural use?
No Impact. The proposed project would not involve other changes that could
result in conversion of Farmland to non-agricultural uses.
AIR QUALITY
Will the Project:
Create objectionable odors affecting a substantial number of people?
No Impact. The proposed revisions to the Landslide Moratorium Ordinance
would allow for potential development of up to 31 new residential units.
However, the proposed project would not generate objectionable odors that
would affect a substantial number of people. Residential uses are not included on
Figure 5-5 Land Uses Associated with Odor Complaints of the 1993 SCAQMD
CEQA Air Quality Handbook. Therefore, the proposed project would not
generate objectionable odors affecting a substantial number of people.
CULTURAL RESOURCES
Will the Project:
Cause a substantial adverse change in the significance of a historical resource as defined in
§15064.5?
No Impact. The proposed revisions to the Landslide Moratorium Ordinance
would facilitate potential development of up to 31 new residential units on lots
that are currently undeveloped or underdeveloped. Based on the type of
structures that may be demolished for construction of residences on the 31 lots
(mostly small sheds or equestrian accessory buildings), impacts to historical
resources are not expected
Geology and Soils
Will the Project:
Expose people or structures to potential substantial adverse effects, including the risk of l oss, injury, or
death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial
evidence of a known fault?
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Less Than Significant Impact. There are no Alquist-Priolo Earthquake Fault
Zones in the City (Ranch Palos Verdes General Plan, 1975). Because no active
faults are located in the project area, the potential for surface rupture at the
project area is considered low.
Expose people or structures to potential substantial adverse effects, including the risk of loss,
injury, or death involving seismic-related ground failure, including liquefaction?
Less Than Significant Impact. According to the Department of Conservation
Seismic Hazard Zones Map, Zone 2 is located in an area that has low to no
potential for liquefaction (DOC, 1999).
Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater?
Less Than Significant Impact. The City has constructed a sanitary sewer system
that serves the Portuguese Bend community. This system was designed to reduce
the amount of groundwater within the Landslide Moratorium Area by
eliminating the use of private septic systems, thereby attempting to slow goal
or stop land movement. New residences that may be constructed in the project
area would be required to connect to either the existing sanitary sewer system or
to a City approved holding tank system if the sanitary sewer system is not
available at the time of building permit issuance. In such cases, when the sanitary
sewer system becomes available, the holding tank system would be removed and
a connection to the sanitary sewer system would be made. With these
requirements, any impacts related to septic systems would be less than
significant.
HAZARDS AND HAZARDOUS MATERIALS
Will the project:
Create a significant hazard to the public or the environment through the routine transport, use, or
disposal of hazardous materials?
Less Than Significant Impact. The proposed project involves revisions to the
City’s Landslide Moratorium Ordinance that would facilitate potential
development of up to 31 residential units on the undeveloped lots in the project
area. By their nature, the proposed use residences would not involve the
transport, use, or disposal of substantial quantities of hazardous materials and
would not introduce any unusual hazardous materials to the area.
Create a significant hazard to the public or the environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous materials into the environment?
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Less Than Significant Impact. The project would not emit hazardous emissions or
involve handling of hazardous materials.
Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste
within ¼ mile of an existing or proposed school?
Less Than Significant Impact. The project area is located ¼ mile from the
Portuguese Bend Nursery School. Additional impermeable surfaces such as
driveways would accumulate deposits of oil, grease, and other vehicle fluids and
hydrocarbons. In addition, proposed new landscaping, such as lawn areas, could
introduce chemical inputs such as pesticides and herbicides. However, all new
development would comply with applicable federal, state, and local water
quality regulations and the incremental increase in impervious surfaces would
not result in significant concentrations of hazardous substances near the nursery
school or elsewhere.
Be located on a site which is included on a list of hazardous material sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or
the environment?
Less Than Significant Impact. The project area does not appear on the CERCLIS,
Geotracker, DTSC’s Envirostor Database or the Cortese list. Therefore, no known
soil or groundwater contamination is currently present.
For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport, would the project result in a safety hazard for people
residing or working in the project area?
No Impact. The project area is located approximately 14 miles from both Los
Angeles International Airport and Long Beach Airport, and more than 2 miles
from Torrance Municipal Airport, and is not included in an airport land use plan.
Therefore, significant airport safety hazards would not occur.
For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people
residing or working in the project area?
No Impact. The project area is located approximately 14 miles from both Los
Angeles International Airport and Long Beach Airport, and more than 2 miles
from Torrance Municipal Airport, and is not included in an airport land use plan.
Therefore, significant airport safety hazards are not anticipated.
Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
No Impact. The proposed project involves revisions to the City’s Landslide
Moratorium Ordinance that would facilitate potential development of up to 31
residential units on the undeveloped lots in the project area. Future development
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would be on existing lots, and would be served by existing road networks.
Evacuation routes from the project area to Palos Verdes Drive South would
include Cinnamon Lane and Fruitree Road to Narcissa Drive and Sweetbay Road
to Peppertree Drive. The project would not interfere with any emergency
response plan or evacuation route.
HYDROLOGY AND WATER QUALITY
Will the Project:
Expose people or structures to a significant risk of loss, injury, or death involving flooding, including
flooding as a result of the failure of a levee or dam?
No Impact. No dams or levees are located in the vicinity of the project area. In
addition, the project area does not lay in any known dam inundation zones (City
of Rancho Palos Verdes General Plan Safety Element 2018).
Expose people or structures to a significant risk of loss, injury, or death from i nundation by seiche,
tsunami or mudflow?
Less Than Significant Impact. The Safety Element of the City of Rancho Palos
Verdes General Plan states that south-facing coastal strips should observe special
caution during a tsunami alert (General Plan Safety Element, 1975). However, the
project area sits inland of steep coastal bluffs above the Pacific Ocean at an
average elevation of approximately 350 feet above sea level. In addition,
according to the Department of Conservation Tsunami Inundation Map for the
Redondo Beach (South) Quadrangle, the project area is located outside a tsunami
inundation area (DOC 2009).
LAND USE AND PLANNING
Would the Project:
Physically divide an established community?
No Impact. The project would facilitate potential development of 31 existing
residential lots in a residential subdivision. No new roads are proposed, and no
changes in land uses patterns would result. The project would not physically
divide an established community.
Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the
project (including, but not limited to the general plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
Less Than Significant Impact. The project area has City of Rancho Palos Verdes
General Plan designations of Residential, <1 Dwelling Unit/acre and Residential,
1-2 Dwelling Unit/acre. As specified in the General Plan, areas within the
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Residential 1 dwelling unit per acre designation “possess one or both of the
following conditions: natural areas delineated in the Natural Environment
element as possessing significant habitats (this density is also compatible with
the surrounding areas and reflects the general treatment that has been used in
the past under similar conditions); areas where governmental bodies (Coastal
Commission) and community organizations will possibly have input into the
intensity and type of land use to take place, but at this time it is undetermined as
to exact definition of this control. A Specific Plan District (see Specific Plan
District section) is denoted on the latter areas in order to indicate that further
input from other agencies may affect their final use, and that the City must
prepare more detailed analysis and plans. The 1-2 Dwelling Units per Acre land
use designation includes “Areas containing low or moderate physical constraints
with little or no natural significance were denoted within this general density
range. This is the density that the original Palos Verdes Project called for and
represents a density which is most compatible with the Peninsula's
environment.”
The proposed project would not involve changes to the existing residential land
use and zoning designations. The potential residences facilitated by the proposed
ordinance revisions would maintain the existing rural and open character of the
area by being limited to the existing lot configurations and allowed densities (i.e.,
one to two units per acre). The proposed residential uses would be compatible
with existing residential land uses and development in Zone 2. All residential
development would be required to comply with the same existing General Plan
policies as development on the other lots in Zone 2.
The project would involve revisions to the landslide Moratorium Ordinance that
would facilitate potential development of 31 new residences in Zone 2. This use
is permitted under the City’s Municipal Code, but for the current moratorium.
Any new development would be required to adhere to all existing Municipal
Code standards.
Conflict with an applicable habitat conservation plan or natural community conservation plan?
Less Than Significant Impact. The Citywide Natural Communities Conservation
Planning (NCCP) Subarea Plan identifies Biological Resource Areas and
establishes habitat preserves. The Rancho Palos Verdes NCCP provides for
conservation and protection of special-status species, while permitting impacts
from development to potential habitat for the covered species, including Coastal
Sage Scrub habitat. Portions of the project area are in Coastal Sage Scrub habitat,
Exotic Woodland, Disturbed, and Grassland areas.
MINERAL RESOURCES
Would the Project:
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Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state? Result in the loss of availability of a locally-important mineral resource recovery
site delineated on a local general plan, specific plan or other land use plan?
No Impact. No mineral resources are present in the community that would be
economically feasible for extraction. Potential buildout of 31 residences on lots
within an existing residential subdivision would not result in the loss of the
availability of a known mineral resource that would be of value locally,
regionally, or to the State (California Geological Survey/U.S. Geological Survey,
2003).
NOISE
For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport, would the project expose people residing or working in
the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to excessive noise levels?
No Impact. The project area is not included in an airport land use plan, and is
approximately 14 miles from Los Angeles and Long Beach airports, and more
than 2 miles from Torrance Municipal Airport. The project area is not in the
vicinity of a private airstrip.
POPULATION AND HOUSING
Will the project:
Induce substantial population growth in an area, either directly or indirectly?
Less Than Significant Impact. The proposed project involves revisions to the
Landslide Moratorium Ordinance, which would facilitate potential development
of up to 31 new residences in Zone 2. Because project area development would
be consistent with the General Plan, this level of growth in the project area is
anticipated in local growth forecasts.
Displace substantial numbers of existing housing, necessitating the construction of replacement housing
elsewhere? Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
No Impact. The proposed project would involve revisions to the landslide
moratorium ordinance that could permit up to 31 new residences in Zone 2.
Existing residences in Zone 2 would remain and the project would not displace
existing housing or people.
PUBLIC SERVICES
Would the project:
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Result in substantial adverse physical impacts associated with the provision of new or physically altered
governmental facilities, need for new or physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for other public services?
Less Than Significant Impact. The proposed project would not adversely affect
any services.
RECREATION
Will the Project increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does
the project include recreational facilities or require the construction or expansion of recreational facilities
which might have an adverse effect on the environment?
Less than Significant. The proposed project involves revisions to the landslide
moratorium ordinance that would potentially facilitate development of up to 31
new residences within Zone 2. These residences would incrementally increase
the City’s population, which could increase the use of local recreational facilities.
However, the population increase would not cause substantial physical
deterioration of recreational facilities. The project area contains existing
residential uses and is adequately served by recreational facilities. Additionally,
the project would not include recreational facilities or require the construction or
expansion of recreational facilities.
TRANSPORTATION/TRAFFIC
Will the Project:
Result in change in air traffic patterns, including either an increase in traffic levels or a change in
location that results in substantial safety risks?
No Impact. The project would not result in any change in air traffic patterns.
UTILITIES AND SERVICE SYSTEMS
Will the Project:
Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal
needs?
Less Than Significant Impact. Puente Hills Landfill is the primary landfill used by the
City. Although the project would incrementally increase solid waste generation, the daily
solid waste generation associated with the project would be within the available capacity
at the Puente Hills Landfill.
Comply with federal, state, and local statutes and regulations related to solid waste?
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Less Than Significant Impact. Although the project would incrementally increase solid
waste generation, project area development would be required to comply with local
regulations regarding solid waste reduction.
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IV EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE EIR
The City of Rancho Palos Verdes found that the project would have a less than significant
impact with respect to a number of environmental topics discussed in the EIR, without the need
for mitigation. A less than significant environmental impact determination was made for each
topic area listed below.
AIR QUALITY
Operation of the Project. 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 less than significant.
Consistency with Regional Plans. The proposed project would generate
population growth, but such growth is within the population projections upon
which the Air Quality Management Plan (AQMP) is based. Therefore, the
proposed project would be consistent with the AQMP and impacts would be less
than significant.
Carbon Monoxide Concentrations from Increased Traffic. 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 less than significant.
BIOLOGICAL RESOURCES
Candidate, Sensitive or Special Status Species. The proposed project would not
have a substantial adverse effect, either directly or through habitat modifications,
on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service. Impacts would be less than
significant.
Local Policies or Ordinances. The proposed ordinance revisions would not
conflict with local policies or ordinances protecting biological resources. Impacts
would be less than significant.
CULTURAL RESOURCES
Paleontological Resources. 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 less
than significant.
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Disturbance of Human Remains. 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 less than significant.
GEOLOGY
Seismically-Induced Ground Shaking. 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 California Building Code
requirements would reduce impacts to a less than significant level.
Liquefaction, Ground Lurching, Lateral Spreading or Seismic Settlement. The
project area is not susceptible to liquefaction, ground lurching, lateral spreading
or seismic settlement. Impacts would be less than significant.
GREENHOUSE GAS EMISSIONS
Generation of Greenhouse Gas Emissions. The proposed project would
generate additional GHG emissions beyond existing conditions. However, GHG
emissions generated by the project would not exceed the applicable significance
thresholds. Impacts would be less than significant.
Consistency with Adopted Plans, Policies or Regulations. Development
facilitated by the proposed project would result in an incremental increase in
GHG emissions. However, the proposed project would be consistent with the
GHG reduction strategies set forth by the Climate Action Team GHG reduction
strategies, the 2008 Attorney General Greenhouse Gas Reduction Measures and
the CAPCOA GHG Model Policies Guide. Impacts would be less than
significant.
HYDROLOGY AND WATER QUALITY
Water Supply and Demand. The project would generate additional demand for water.
However, based on current and projected water supplies and demand for the West Basin
Municipal Water District, sufficient water would be available to meet demand
associated with the project. Impacts would be less than significant.
NOISE
Construction Noise. 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 existing thresholds. Therefore,
impacts would be less than significant.
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Traffic Noise. 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 less than significant.
TRAFFIC AND CIRCULATION
CMP Arterial Monitoring Intersections. 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 less than significant
Alternative Transportation Policies, Plans or Programs. Development facilitated
by the proposed project would not conflict with adopted policies, plans, or
programs supporting alternative transportation. Impacts would be less than
significant.
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V EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT WITH
MITIGATION AND FINDINGS
The City of Rancho Palos Verdes, having reviewed and considered the information contained in
the Final EIR, the Technical Appendices and the administrative record, finds, pursuant to
California Public Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1) that changes or
alterations have been required in, or incorporated into, the proposed project that would avoid
or substantially lessen to below a level of significance potentially significant environmental
effects identified in the Final EIR in the following categories: Aesthetics, Air Quality, Biological
Resources, Cultural Resources, Geology, Fire Protection, Hydrology and Water Quality, Noise,
Traffic and Circulation, Utilities and Service Systems, and Tribal Cultural Resources. The
potentially significant adverse environmental impacts that can be mitigated to below a level of
significance are discussed below. The City of Rancho Palos Verdes City Council finds that these
potentially significant adverse impacts can be mitigated to a less than significant level after
implementation of mitigation measures identified in the Final EIR, which is incorporated by
reference.
AESTHETICS
The project’s potential impacts with regard to aesthetics that can be mitigated or are otherwise
less than significant are discussed in Section 4.1, Aesthetics, of the Final EIR.
Changes to Scenic Vistas. 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
impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to aesthetics from changes in scenic vistas have been eliminated or
substantially lessened to a less than significant level by virtue of the following mitigation
measures:
Measure AES-3 under Impact AES-3 would ensure compliance with applicable
provisions of Section 17.02.030 of the RPVMC and PBCA architectural standards.
Removal of Trees. 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
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groupings in the project area have been identified as scenic resources in the General Plan,
impacts would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to aesthetics from removal of trees have been eliminated or substantially
lessened to a less than significant level by virtue of the following mitigation measure:
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 grow to full stature, would be less likely to result in obstruction of views
for adjacent properties.
Changes in Project Area Character. 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 less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to aesthetics from changes in visual character have been eliminated or
substantially lessened to a less than significant level by virtue of the following mitigation
measure:
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 Section 17.02.040 of the RPVMC. Prior to
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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.
Light and Glare. 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 impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to aesthetics from the addition of sources of light and glare have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measure:
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 Rancho Palos Verdes Municipal Code. 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 one
thousand 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 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, more than 10 feet above grade.
AIR QUALITY
The project’s potential impacts with regard to air quality that can be mitigated or are otherwise
less than significant are discussed in Section 4.2, Air Quality, of the Final EIR and discussed in
the Initial Study, Appendix A to the Final EIR.
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Construction-Related Air Emissions. Project area 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. Nevertheless, mitigation has
been proposed to further reduce emissions.
Finding
Changes or alterations have been required in, or incorporated into, the project that avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to air quality from construction activities have been eliminated or
substantially lessened by virtue of the following mitigation measures:
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
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
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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.
BIOLOGICAL RESOURCES
The project’s potential impacts with regard to biological resources that can be mitigated or are
otherwise less than significant are discussed in Section 4.3, Biological Resources, of the Final EIR
and discussed in the Initial Study, Appendix A to the Final EIR.
Sensitive Plant Communities. 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 new residences.
This impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to sensitive plant communities associated with the proposed project have
been eliminated or substantially lessened to a less than significant level by virtue of the
following mitigation measure:
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 as part of a 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
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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.
Wetland Habitat and Jurisdictional Drainages. Construction activities on five lots
adjacent to Altamira Canyon could potentially affect jurisdictional drainage areas. This
impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to wetland habitat and jurisdictional drainages associated with the
proposed project have been eliminated or substantially lessened to a less than significant level
by virtue of the following mitigation measures:
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.
Wildlife Movement. 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
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proposed project could affect birds, including the California gnatcatcher. This impact
would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts to wildlife movement associated with the proposed project have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measure:
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 January 31 through September 30). 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. 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 100-300 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 (at least 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 October 1 to January 30.
NCCP/HCP Conflicts. Potential development under the proposed ordinance revisions would
have the potential to conflict with guidelines of the NCCP/HCP. This impact would be less
than significant with mitigation incorporated.
Finding
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Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to NCCP/HCP conflicts have been eliminated or substantially
lessened to a less than significant level by virtue of the following mitigation measures:
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 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 Preserve and not
closer than 50 feet from the Preserve boundary.
BIO-6(e) - Landscaping. For those properties adjacent to the Palos Verdes Nature
Preserve, to prevent the spread of non-native and invasive plant
species, landscaping shall avoid those species listed on the California
Invasive Plant Council’s (Cal-IPC) Invasive Plant Inventory. In
addition, irrigation shall be designed and maintained to avoid
overspray or runoff into the Preserve (NCCP/HCP Section 5.7.4).
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CULTURAL RESOURCES
The project’s potential impacts with regard to cultural resources that can be mitigated or are
otherwise less than significant are discussed in Section 4.4, Cultural Resources, of the Final EIR
and discussed in the Initial Study, Appendix A to the Final EIR.
Potential to Disturb Undiscovered Archaeological Resources. 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 impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
Potential impacts to archaeological resources associated with the proposed project have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measure:
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.
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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 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
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.
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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 report, detailing the nature of any significant tribal
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.
GEOLOGY
The project’s potential impacts with regard to geology that can be mitigated or are otherwise
less than significant are discussed in Section 4.5, Geology, of the Final EIR and discussed in the
Initial Study, Appendix A to the Final EIR.
Erosion. 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 in the project area,
could potentially cause or accelerate downstream erosion. This impact would be less than
significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts associated with erosion as a result of the proposed project have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measures:
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Mitigation Measures HWQ-1 and HWQ-3(a and b) in Section 4.8, Hydrology and
Water Quality, would be required and would reduce erosion during construction
to a less than significant level.
Slope Stability. 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. This impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts from slope stability as a result of the proposed project have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measures:
GEO-3(a) Geotechnical Recommendations. Prior to issuance of any grading
permit or building permit, individual project applicants shall
comply with all recommendations contained in 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 outlined below.
Limit grading to less than 1,000 cubic yards (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 geotechnical reviewers.
Limit post-construction lot infiltration and runoff rates and volume to
pre-construction levels 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.
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Connect all houses to a public sanitary sewer system and 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.
Collect 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.
Landslides. 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. This impact would be less than significant with mitigation
incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts from landslides as a result of the proposed project have been eliminated
or substantially lessened to a less than significant level by virtue of the following mitigation
measures.
Mitigation measures GEO-3(a) and GEO-3(b) above would be required to reduce
impacts to a less than significant level. In particular, Mitigation 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 construction. In addition, Mitigation 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.
Expansive Soils. Soils in the project area are moderately to highly expansive. This impact
would be less than significant with mitigation incorporated.
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Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts from expansive soils as a result of the proposed project have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measures.
Mitigation measures GEO-3(a) and GEO-3(b) would be required to reduce impacts
related to expansive soils. Mitigation Measure GEO-3(a), as described above, 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 construction. Further, Mitigation 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.
FIRE PROTECTION
Wildland Fires. 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. This impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts from wildland fires as a result of the proposed project have been
eliminated or substantially lessened to a less than significant level by virtue of the following
mitigation measures:
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 grading or
building permit. The fuel modification plan shall at a minimum
include the following:
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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
The project’s potential impacts with regard to hydrology and water quality that can be
mitigated or are otherwise less than significant are discussed in Section 4.8, Hydrology and Water
Quality, of the Final EIR and discussed in the Initial Study, Appendix A to the Final EIR.
Sediment and Pollutant Discharge. 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. This
impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to sediment and pollutant discharge have been eliminated or
substantially lessened to a less than significant level by virtue of the following mitigation
measure:
HWQ-1 Construction pollution, sediment and erosion control. Prior to
issuance of any Grading Permit or Building Permit, each applicant
shall prepare a Low Impact Development (LID) plan for the review
and approval of the 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
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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.
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.
Surface Water Quality. 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. This impact would be less than
significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to surface water quality have been eliminated or substantially
lessened to a less than significant level by virtue of the following mitigation measure:
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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 NPDES consultant for compliance
with applicable NPDES requirements prior to any building or grading
permit issuance. Construction must comply with any required
NPDES General Construction Permit requirements.
Storm Water. Potential buildout under the proposed ordinance revisions would incrementally
increase the amount of on-site impermeable surface area, which could have the potential to
increase storm water flows and create localized flooding. This impact would be less than
significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to storm flows/flooding have been eliminated or substantially
lessened to a less than significant level by virtue of the following mitigation measures:
HWQ-3(a) 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 be designed to accommodate for a minimum of a 75 year
rain event, 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 or swales, green roofs that detain water with
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delayed release onto the lot and permeable hardscape, and installation
and maintenance of holding tanks.
• 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 localized
sumps or catchment areas with no outlet.
• Changes to the character of the runoff at property lines have been
avoided. 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.
• “Dry Weather” infiltration that could add to the total infiltration from
the project is minimized.
• Holding tanks will be installed and. maintained and operated as
designed. Annual third-party certification by a licensed engineer that
the system is operational as designed is required.
• Maximum 25 percent net coverage for RS-1 and RS-2 zoned
properties.
• Transpiration through landscaping is maximized.
• For developments on sloped sites, driveways shall incorporate a
serpentine design to the extent possible to minimize the possibility of
flooding onto adjacent properties.
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 review by a geotechnical engineer
under contract to the applicant and approval by the City Public
Works Department. 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.
HWQ-3(b) Certification. The property owner shall submit, after the installation
of the drainage improvements and at the property owner’s expense,
a hydrology study, prepared, stamped and signed by a Licensed
Civil Engineer certifying that the site drainage is operating
according to City approvals. Specifically, the report shall certify that
the post-construction lot infiltration and runoff rates and volume
are equal to pre-construction conditions. The study shall be
approved by the Director of Public Works or his/her designee.
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Groundwater. Potential development under the proposed ordinance revisions would
incrementally increase the amount of impermeable surface in the project area, which could
affect the location and amount of groundwater infiltration. This impact would be less than
significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to groundwater have been eliminated or substantially lessened to
a less than significant level by virtue of the following mitigation measure:
Mitigation Measures GEO-3 (a and b) and HWQ-3(a and b) require on-site
infiltration and management of precipitation such that runoff rates do not
increase above existing conditions following development of a lot. Additional
mitigation is not required.
Flood Hazards. Adoption of the proposed ordinance revisions would allow for the construction
of up to 31 single-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. This impact would be less
than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to flood hazards have been eliminated or substantially lessened to
a less than significant level by virtue of the mitigation measure identified in the Final EIR.
HWQ-5 Standards of Construction in a Flood Zone D Area. Prior to issuance of
any grading permit or building permit, 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
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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
The project’s potential impacts with regard to noise that can be mitigated or are otherwise less
than significant are discussed in Section 4.9, Noise, of the Final EIR.
Short-Term Project Construction. Temporary project construction would intermittently
generate high noise levels in and adjacent to the project area. This impact would be less than
significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to construction noise have been eliminated or substantially
lessened to a less than significant level by virtue of the mitigation measures identified in the
Final EIR.
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 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.
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UTILITIES AND SERVICE SYSTEMS
The project’s potential impacts with regard to utilities that can be mitigated or are otherwise
less than significant are discussed in Section 4.11, Utilities and Service Systems, of the Final EIR
and discussed in the Initial Study, Appendix A to the Final EIR.
Wastewater Conveyance. Wastewater conveyance and treatment systems are adequate to serve
new residences that could be built in the project area. However, the 31 individual new
residences that could be constructed under the proposed ordinance revisions would require the
extension of wastewater conveyance facilities. This impact would be less than significant with
mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to wastewater conveyance facilities have been eliminated or
substantially lessened to a less than significant level by virtue of the following mitigation
measures:
U-1(a) Participation in Geotechnical Hazard Abatement. Future project area
applicants shall participate in existing or future geological and
geotechnical hazard abatement requirements of the City, including but
not limited to any easement required by the City to mitigate landslide
conditions and the items listed in Measures GEO-3(a) and GEO-3(b) in
Section 4.5, Geology. Compliance with such measures shall be verified by
the Director of Community Development or his/her designee, 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 biennially. If
deficiencies in the project area sewer system are identified as part of the
biennial 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
The project’s potential impacts with regard to tribal cultural resources that can be mitigated or
are otherwise less than significant are discussed in Section 4.12, Tribal Cultural Resources, of the
Final EIR and discussed in the Initial Study, Appendix A to the EIR.
Tribal Cultural Resources. 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
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lot, has the potential to disturb as-yet undetected areas of tribal cultural significance. This
impact would be less than significant with mitigation incorporated.
Finding
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
Facts in Support of Finding
The potential impacts related to tribal cultural resources have been eliminated or substantially
lessened to a less than significant level by virtue of the following mitigation measure:
Measure CR-1 in Section 4.4, Cultural Resources, would eliminate impacts to as-yet
unknown tribal cultural resources through monitoring of construction activity,
consultation with Native American tribes, and avoidance and of any identified
significant resources.
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VI ENVIRONMENTAL EFFECTS THAT REMAIN SIGNIFICANT AND
UNAVOIDABLE AFTER MITIGATION AND FINDINGS
The Final EIR for the Zone 2 Landslide Moratorium Ordinance Revisions Project identifies
potentially significant environmental impacts with respect to one issue area that cannot be fully
mitigated and is therefore considered significant and unavoidable (“Class I”). These impacts
relate to Traffic and Circulation. The City of Rancho Palos Verdes, having reviewed and
considered the information contained in the Final EIR, Technical Appendices and the
administrative record, finds, pursuant to California Public Resources Code 21081 (a)(3) and
CEQA Guidelines 15091 (a)(3), that to the extent this impact remains significant and unavoidable,
the impact is acceptable when weighed against the overriding social, economic, legal, technical,
and other considerations set forth in the Statement of Overriding Considerations, included as
Section VIII of these Findings. The significant and unavoidable impacts identified in the Final
EIR are discussed below, along with the appropriate findings per CEQA Guidelines Section
15091.
TRAFFIC AND CIRCULATION
Intersections. 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, because feasible mitigation is not available at the Via
Rivera/Hawthorne Boulevard intersection, the impact at that location would be significant and
unavoidable.
Findings
Specific economic, legal, social, technological, or other considerations, including considerations
discussed in the Statement of Overriding Considerations, outweigh the unavoidable adverse
environmental effects; therefore, the adverse environmental effects are considered acceptable.
Facts in Support of Findings
The increase in vehicle trips would result in significant impacts at five study area intersections.
The mitigation measures listed below would mitigate the impacts at four of these intersections
to a less than significant level. Installation of a traffic signal at the Via Rivera/Hawthorne
Boulevard intersection could also reduce the impact at that location to a less than significant
level. 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 feasible at this time.
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T-1(a) Seahill Drive-Tramonto Drive/Palos Verdes Drive South. The City
shall monitor the level of service at this intersection annually and shall
provide a two-way left-turn lane on Palos Verdes Drive South when the
improvement is determined to be needed 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 monitor the
level of service at this intersection annually and shall provide a two-
way left-turn lane on Palos Verdes Drive South, east of Narcissa Drive,
when the improvement is determined to be needed 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 monitor the
level of service at this intersection annually and shall provide a two-
way left-turn lane on Palos Verdes Drive South when the improvement
is determined to be needed 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 monitor the level of service at this location annually and
shall provide a two-way left-turn lane on Palos Verdes Drive
South when the improvement is determined to be needed 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).
The overriding social, economic and other considerations set forth in the Statement of
Overriding Considerations provide additional facts in support of these findings. Any
remaining, unavoidable significant effects are acceptable when balanced against the facts set
forth therein.
Roadway Segments. 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 significant and unavoidable.
Findings
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Specific economic, legal, social, technological, or other considerations, including considerations
discussed in the Statement of Overriding Considerations, outweigh the unavoidable adverse
environmental effects; therefore, the adverse environmental effects are considered acceptable.
Facts in Support of Findings
Mitigation Measure T-2 is designed to reduce impacts to the segment of Palos Verdes Drive
South east of Narcissa Drive.
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).
This measure would require elimination of the existing bicycle lanes along Palos Verdes Drive
South, which may not be feasible.
The overriding social, economic and other considerations set forth in the Statement of
Overriding Considerations provide additional facts in support of these findings. Any
remaining, unavoidable significant effects are acceptable when balanced against the facts set
forth therein.
Temporary Construction Impacts. 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
significant and unavoidable.
Findings
Specific economic, legal, social, technological, or other considerations, including considerations
discussed in the Statement of Overriding Considerations, outweigh the unavoidable adverse
environmental effects; therefore, the adverse environmental effects are considered acceptable.
Facts in Support of Findings
The mitigation measures listed below would limit temporary construction impacts to the degree
feasible and, as noted above, construction on all 31 properties is unlikely to occur
simultaneously. Nevertheless, because impacts could temporarily exceed City thresholds,
construction impacts are conservatively determined to be significant and unavoidable. All
construction contractors would need to gain City approval of haul routes and construction
traffic is generally expected to avoid peak traffic hours. In addition, the following measures are
proposed to further minimize impacts:
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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.
T-4 (e) Portuguese Bend Community Association (PBCA) Building
Regulations and Architectural Standards. Construction activities shall
adhere to the following PBCA regulations and standards:
1. All construction vehicles must be parked on-site and may not be parked on
the streets within PBCA. The entrance gate parking area may be used if
requested in advance and vehicles will be required to display parking
passes.
2. Contractor shall not track mud on to the streets from construction vehicles
3. 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.
4. 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.
T-4(f) Construction Activity Tracking. The Community Development
Department will maintain a database of ongoing construction activity
on the 31 undeveloped project area lots that identifies construction site
locations and makes the information available to the public. This will
allow project area residents and City staff to effectively track
construction activity and ensure compliance with applicable standards
and requirements.
The overriding social, economic and other considerations set forth in the Statement of
Overriding Considerations provide additional facts in support of these findings. Any
remaining, unavoidable significant effects are acceptable when balanced against the facts set
forth therein.
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VII ALTERNATIVES TO THE PROPOSED PROJECT
The Final EIR, in Section 6.0, Alternatives, discusses the environmental effects of alternatives to
the proposed project. A description of these alternatives, a comparison of their environmental
impacts to the proposed project, and the City’s findings are listed below. These alternatives are
compared against the project relative to the identified project impacts, summarized in sections
V and VI, above, and to the project objectives, as stated in Section 2.0, Project Description, of the
Final EIR. In making the following alternatives findings, the City of Rancho Palos Verdes
certifies that it has independently reviewed and considered the information on alternatives
provided in the Final EIR, including the information provided in the comments on the Final EIR
and the responses thereto.
A NO PROJECT ALTERNATIVE
This alternative assumes that the Landslide Moratorium Ordinance revisions would not be
adopted and that the 31 vacant parcels would not be developed, and they would remain in their
current condition.
Finding
Specific economic, legal, social, technological, or other considerations, including potential legal
risks to the City, as discussed in the Statement of Overriding Considerations, render this
alternative infeasible.
Facts in Support of Finding
The No Project alternative would avoid the proposed project’s significant and unavoidable
traffic and circulation impacts since it would not allow any further development in Zone 2. The
proposed project’s potentially significant but mitigable impacts related to aesthetics, biological
resources, cultural resources, geology, fire hazards, hydrology/water quality, utilities/service
systems, and tribal cultural resources would also be avoided.
However, the No Project alternative would not provide the opportunity for Zone 2 landowners
to apply to develop their parcels to all landowners in the area. As such, this alternative would
not meet the objective of the proposed project, which is to establish an exception category to
allow for the future development of 31 undeveloped or underdeveloped lots located in Zone 2.
The findings for the proposed project set forth in this document and the overriding social,
economic and other considerations set forth in the Statement of Overriding Considerations
provide support for the proposed project and the elimination of this alternative from further
consideration.
B 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
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alternative, the ordinance revisions would further restrict allowable development on each lot so
that the overall building area would be reduced by approximately 38%. Development
assumptions for this alternative would include the following:
Thirty-one 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
2,500 square feet or 15% of gross lot area, whichever is less;
Less than 500 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;
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.
Finding
Specific economic, legal, social, technological, or other considerations, including considerations
for equity in development potential, legal risks to the City, and only modest reductions in
impacts, as discussed in the Statement of Overriding Considerations, render this alternative
infeasible.
Facts in Support of Finding
The intent of this alternative is to provide the public and City decision makers with a
comparative analysis between the impacts of the proposed project and a reduced project that
would reduce, but not avoid, the proposed project’s significant and unavoidable traffic and
circulation impacts. The Reduced Project Alternative would allow for the introduction of new
developments that would require less grading and result in a reduction in building size. While
the intensity of grading required for this alternative would be reduced when compared to the
proposed project, alteration of the project area’s slope and ridgeline topography would still be
required to accommodate development in Zone 2.
Due to the reduction in allowable building size, this alternative would also incrementally
reduce impacts related to aesthetics, air quality, biological resources, cultural resources,
geology, greenhouse gases, and hydrology and water quality; however, these impacts would
already be less than significant for the proposed project with implementation of mitigation
measures included in the Final EIR. This alternative would not avoid the significant and
unavoidable impact to traffic and circulation associated with the proposed project. This
alternative would achieve some of the objectives of the proposed project, but not to the extent
desired by the City. The impact reductions would be not be substantial enough to outweigh the
loss of property value for Zone 2 land owners.
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The findings for the proposed project set forth in this document and the overriding social,
economic and other considerations set forth in the Statement of Overriding Considerations
provide support for the proposed project and the elimination of this alternative from further
consideration.
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VIII STATEMENT OF OVERRIDING CONSIDERATIONS
A INTRODUCTION
The California Environmental Quality Act (CEQA) and the CEQA Guidelines provide in part the
following:
CEQA requires that decision makers balance the benefits of a proposed
project against its unavoidable environmental risks in determining whether
to approve the project. If the benefits of the proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental
effects may be considered “acceptable.”
Where the decision of the public agency allows the occurrence of significant
effects that are identified in the Environmental Impact Report (EIR) but are
not avoided or substantially lessened, the agency must state in writing the
reasons to support its action based on the EIR and/or other information in
the record. This statement may be necessary if the agency also makes the
finding under Section 15091 (a)(2) or (a)(3) of the CEQA Guidelines.
If an agency makes a statement of overriding considerations, the statement
should be included in the record of the project approval and should be
mentioned in the Notice of Determination (Section 15093 of the CEQA
Guidelines).
The City of Rancho Palos Verdes, having reviewed and considered the information contained in
the EIR for the Zone 2 Landslide Moratorium Ordinance Revisions (the project), Responses to
Comments and the public record, adopts the following Statement of Overriding Considerations
that have been balanced against the unavoidable adverse impact in reaching a decision on the
project.
B SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
Although mitigation measures have been included where feasible for potential project impacts
as described in the preceding findings, there is no complete mitigation for the following project
impacts:
Traffic and Circulation – Intersections, Roadway Segments, and Temporary
Construction Impacts
Details of these significant unavoidable adverse impacts are discussed in the Zone 2 Landslide
Moratorium Ordinance Revisions EIR and are summarized in Section VI, Environmental Effects
That Remain Significant and Unavoidable After Mitigation, and Findings, in the Statement of Facts
and Findings.
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C OVERRIDING CONSIDERATIONS
The Zone 2 Landslide Moratorium Ordinance Revisions require discretionary approvals from
the Rancho Palos Verdes City Council. Analysis in the Final EIR for the proposed project has
concluded that the project would result in impacts related to traffic and circulation that cannot
be mitigated to a less than significant level. All other potential significant adverse project
impacts can be mitigated to a less than significant level through mitigation measures included
in the Final EIR.
The California Environmental Quality Act requires the lead agency to balance the benefits of a
proposed project against its unavoidable environmental impacts in determining whether to
approve the project.
The City of Rancho Palos Verdes has determined that the significant unavoidable adverse
project impacts, which would remain significant after mitigation, are acceptable and are
outweighed by social, economic and other benefits of the project. Further, the alternatives that
were identified in the Final EIR would not provide the project benefits, as summarized below,
to the same extent as the proposed project.
1. The City of Rancho Palos Verdes finds that all feasible mitigation measures have been
imposed to lessen project impacts to a less than significant level and that alternatives to
the project are infeasible because while they have similar or fewer/reduced
environmental impacts, they do not provide all of the benefits of the project, or are
otherwise socially or economically infeasible when compared to the project, as described
in the Statement of Facts and Findings.
2. The City of Rancho Palos Verdes finds that the City could be exposed to legal challenge
from the owners of the 31 developable non-Monks parcels if the Zone 2 Landslide
Moratorium Ordinance Revisions are not adopted. The identified significant impacts
would not be severe enough to outweigh the potential adverse impact to the City of a
successful legal challenge, which could result in an outcome similar to the proposed
ordinance revisions.
3. The City of Rancho Palos Verdes finds that it is in the best interest of the City and the
Zone 2 property owners to allow all Zone 2 landowners the opportunity to apply to
build single family residences on their parcels, a condition that already exists for other
Zone 2 parcels, and that has existed in the past when the existing single-family
residences and associated features were constructed.
4. The City of Rancho Palos Verdes finds that while Mitigation Measure T-2 may not be
feasible, the benefit of preserving the value of the semi-rural character of the proposed
intersection area outweighs the significant impact on traffic and circulation in the area. It
is in the best interest of the City and Rancho Palos Verdes community to maintain the
bike lanes rather than convert the bike lanes into additional motor vehicle lanes.
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5. The City of Rancho Palos Verdes finds that installation of a traffic signal at Via
Rivera/Hawthorne Boulevard may be feasible and may be implemented at some point if
consistent with the City of Rancho Palos Verdes General Plan. City staff will continue to
study the overall traffic patterns for that portion of the City to determine the best overall
solutions. Therefore, implementation of a signal is not warranted at this time,
particularly in light of the relatively small contribution of project-generated traffic at that
location.
The City of Rancho Palos Verdes, having reviewed and considered the information contained in
the Final EIR, Technical Appendices and the public record, adopts the Statement of Overriding
Considerations that has been balanced against the unavoidable adverse impacts in reaching a
decision on this project.
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EXHIBIT “B”
MITIGATION MONITORING AND REPORTING PROGRAM
CEQA requires adoption of a reporting or monitoring program for the changes made to the project
or conditions of project approval that are necessary to mitigate or avoid significant effects on the
environment (Public Resources Code 21081.6). The mitigation monitoring and reporting program
is designed to ensure compliance with adopted mitigation measures during project
implementation. For each mitigation measure recommended in the EIR, specifications are made
herein that identify the action required and the monitoring that must occur. In addition, an agency
responsible for verifying compliance with individual conditions of approval contained in the
Mitigation Monitoring and Reporting Program (MMRP) is identified.
To implement this MMRP, the City of Rancho Palos Verdes will designate a Project Mitigation
Monitoring and Reporting Coordinator (“Coordinator”). The coordinator will be responsible for
ensuring that the mitigation measures incorporated into the project are complied with during
project implementation. The coordinator will also distribute copies of the MMRP to those agencies
identified in the MMRP, which have partial or full responsibility for implementing certain
measures. Failure of a responsible agency to implement a mitigation measure will not in any way
prevent the lead agency from implementing the proposed project.
The following table will be used as the coordinator’s checklist to determine compliance with
required mitigation measures.
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Mitigation Measure/Condition of Approval Action Indicating
Compliance
Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
AESTHETICS
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 grow to full stature,
would be less likely to result in obstruction of
views for adjacent properties.
Review of landscape
and/or tree replacement
plans for individual lots to
verify compliance; verify
tree survival on-site after
five years
Landscape and/or tree
replacement plan
review once prior to
issuance of building
permits for individual
lots; tree survival
verification once after
five years
Community
Development
Department –
Planning Division
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.
Review of landscape and
development plan for
compliance; field
inspection to verify
compliance
Plan review once prior
to issuance of building
permits for individual
lots; field inspection
once prior to issuance
of occupancy permits
Community
Development
Department –
Planning Division
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 Rancho Palos Verdes Municipal
Code. 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
Review of lighting plans for
individual lots; field
inspection to verify
compliance
Lighting plan review
once prior to issuance
of building permits for
individual lots; field
inspection once before
issuance of occupancy
permits
Community
Development
Department –
Planning Division
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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
square feet of area or major fraction
thereof, by which the lot or parcel
exceeds 15,000; 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, more than ten feet above grade.
AIR QUALITY
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.
Verify in the field during
grading and construction
on individual lots
Periodically throughout
grading and
construction on
individual lots
Onsite construction
manager, Community
Development
Department –
Building and Safety
Division
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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 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
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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.
Verify in the field during
grading and construction
on individual lots
Periodically throughout
grading and
construction on
individual lots
Onsite construction
manager, Community
Development
Department –
Building and Safety
Division
BIOLOGICAL RESOURCES
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 as part of a 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.
Verify completed surveys
for individual lots, if
applicable; verify that
prescribed measures are
undertaken if species
observed
Review of surveys once
prior to issuance of
grading permits for
individual lots;
verification that
mitigation
performed/fee paid
once prior to issuance
of occupancy permits
Community
Development
Department –
Planning Division
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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.
Review of plans for
individual lots to verify
compliance with, as
necessary, any permit,
agreement, certification, or
correspondence
Once prior to issuance
of grading permits for
individual lots
Community
Development
Department –
Planning and
Building and Safety
Divisions
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.
Review of landscape or
other plans for individual
lots to verify compliance
Once prior to issuance
of grading permits for
individual lots
Community
Development
Department –
Planning Division
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
January 31 through September 30). 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
Verify completed surveys,
if applicable; verify that
prescribed measures
taken if species observed
Once prior to issuance
of grading permits for
individual lots; if work is
planned during nesting
season, periodically
during grading and
construction
Community
Development
Department –
Planning Division
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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. 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 100-300 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 (at least 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
October 1 to January 30.
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.
Review of site plans for
individual lots to verify
compliance
Site plan review once
prior to issuance of
building permits for
individual lots
Community
Development
Department –
Planning and
Building and Safety
Divisions
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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 Preserve shall be
permitted.
Review of site plans for
individual lots; field
inspection to verify
compliance
Site plan review once
prior to issuance of
grading and building
permits for each lot;
field inspection once
prior to issuance of
occupancy permits
Onsite construction
manager, Community
Development
Department; Building
and Safety Division
BIO-6(c) - Construction Best Management
Practices. The following measures shall be
required for those lots that abut the Palos
Verdes Nature Preserve lands 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.
Review of construction
specifications; field
inspection to verify
compliance
Review of construction
specifications once
prior to issuance of
grading permits for
individual lots; field
inspection periodically
throughout grading and
construction
Onsite construction
manager, Community
Development
Department; Building
and Safety Division
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 Preserve and not closer than 50 feet
from the Preserve boundary.
Review of grading and
building plans; field
inspection to verify
compliance
Plan review once prior
to issuance of grading
and building permits for
individual lots; field
inspection periodically
throughout grading and
construction
Onsite construction
manager, Community
Development
Department –
Building and Safety
Division
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BIO-6(e) - Landscaping. For those
properties adjacent to the Palos Verdes
Nature Preserve, to prevent the spread of
non-native and invasive plant species,
landscaping shall avoid those species listed
on the California Invasive Plant Council’s
(Cal-IPC) Invasive Plant Inventory. In
addition, irrigation shall be designed and
maintained to avoid overspray or runoff into
the Preserve (NCCP/HCP Section 5.7.4).
Review landscaping plans
to ensure the measures
listed are complied with;
field inspection to verify
compliance
Plan review once prior
to issuance of
construction permits for
individual lots adjacent
to the Preserve; field
inspection periodically
throughout grading and
construction
Onsite construction
manager, Community
Development
Department –
Planning and
Building and Safety
Divisions
CULTURAL RESOURCES
CR-1 - Cultural Resource 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
Verify that a qualified
archaeologist is retained
and on site during all
ground disturbing activities
and if resources are
discovered, verify the
implementation of the
procedures outlined in the
mitigation measure.
Verify the applicant has
notified any tribes affiliated
in the area
Verification of a
qualified archaeologist
and notification of tribes
once prior to issuance
of a grading permit.
Field inspection
periodically during site
preparation and grading
for individual projects. If
resources are found,
verification throughout
the discovery process.
Onsite construction
manager, Community
Development
Department –
Planning and
Building and Safety
Divisions
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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 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
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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 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
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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 report, detailing the
nature of any significant tribal 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.
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GEOLOGY
GEO-3(a) - Geotechnical
Recommendations. Prior to issuance of
any grading permit or building permit,
individual project applicants shall comply
with all recommendations contained in 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
outlined below.
Limit grading to less than 1,000 cubic
yards (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
geotechnical reviewers.
Limit post-construction lot infiltration and
runoff rates and volume to pre-
Review project plans and
individual
geotechnical/soils reports
for compliance with the
geotechnical
recommendations
Plan review once prior
to issuance of grading
and building permits for
individual lots
Community
Development
Department –
Building and Safety
Division
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construction levels 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.
Connect all houses to a public sanitary
sewer system and 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.
Collect 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.
Verify recordation of
covenant for individual lots
Once prior to issuance
of a grading permit for
individual lots
Community
Development
Department –
Planning Division
FIRE PROTECTION
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
Verify the applicant has
submitted a fuel
modification plan to
LACFD for review and
approval of individual lots;
verify that LACFD has
Once prior to issuance
of a grading permit;
verify once in the field
to ensure compliance
Individual project
applicant; LACFD;
Community
Development
Department –
Building and Safety
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any grading or building permit. The fuel
modification plan shall at a minimum include
the following:
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.
approved the modification
plan
Division
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.
Verify building and design
plans for compliance with
the measure; verify in the
field for completeness
Once prior to issuance
of a building permit;
verify once in the field
to ensure compliance
prior to issuance of a
occupancy permit
Community
Development
Department –
Building and Safety
Division
HYDROLOGY AND WATER QUALITY
HWQ-1 - Construction pollution, sediment
and erosion control. Prior to issuance of
any Grading Permit or Building Permit, each
applicant shall prepare a Low Impact
Development (LID) plan for the review and
approval of the 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
Verify submittal and
approve Low Impact
Development Plan for
individual lots; verify
implementation of the plan
in the field
Approval of the plan
once prior to issuance
of a grading permit;
field verification
periodically during
grading and
construction to ensure
compliance
Community
Development
Department –
Building and Safety
Division
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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.
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
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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 - 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 NPDES consultant for
compliance with applicable NPDES
requirements prior to any building or grading
permit issuance. Construction must comply
with any required NPDES General
Construction Permit requirements.
Review and approve
individual projects for
NPDES compliance
Once prior to issuance
of a grading permit
Community
Development
Department –
Building and Safety
Division
HWQ-3(a) – 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 be designed
to accommodate a minimum of a 75-year
rain event, and 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
Review and approve
Hydrology Study and
Drainage Plan for
individual lots; verify
compliance in the field
Plan review once prior
to issuance of a grading
permit; field verification
once to ensure
compliance
Public Works
Department
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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 or swales,
green roofs that detain water with
delayed release onto the lot and
permeable hardscape, and installation
and maintenance of holding tanks.
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 localized sumps or
catchment areas with no outlet.
Changes to the character of the runoff
at property lines have been avoided.
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
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onto adjacent properties or streets.
“Dry Weather” infiltration that could add
to the total infiltration from the project is
minimized.
Holding tanks will be installed, and
maintained and operated as
designed. Annual third-party
certification by a licensed engineer
that the system is operational as
designed is required.
Maximum 25 percent net coverage
for RS-1 and RS-2 zoned
properties.
Transpiration through landscaping is
maximized.
For developments on sloped sites,
driveways shall incorporate a serpentine
design to the extent possible to
minimize the possibility of flooding onto
adjacent properties.
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
review by a geotechnical engineer under
contract to the applicant and approval by the
City Public Works Department. 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.
HWQ-3(b) - Certification. The property
owner shall submit, after the installation of
the drainage improvements and at the
property owner’s expense, a hydrology
study, prepared, stamped and signed by a
Licensed Civil Engineer certifying that the
site drainage is operating according to
Verify submittal of a
Hydrology Study that is in
accordance with the
mitigation measure
As needed if drainage
improvements are
installed and when
reports are submitted
Public Works
Department
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City approvals. Specifically, the report
shall certify that the post-construction lot
infiltration and runoff rates and volume are
equal to pre-construction conditions. The
study shall be approved by the Director of
Public Works or his/her designee.
HWQ-5 - Standards of Construction in a
Flood Zone D Area. Prior to issuance of any
grading permit or building permit, 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
Review and approve
construction design plans
for individual lots; verify
compliance in the field
Plan review once prior
to issuance of a grading
permit; field verification
once to ensure
compliance
Community
Development
Department –
Building and Safety
Division
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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.
Review construction plans
and notes to ensure
construction hours are
limited to those in the
measure. Verify
compliance in the field
Once prior to grading
and construction; field
verification periodically
during project grading
and construction
Onsite construction
manager, Community
Development
Department –
Building and Safety
Division
N-1(b) - PBCA Conditions of Approval. All
project area construction contractors shall
comply with the 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.
Review construction plans
and notes for compliance
with the measure. Verify
compliance in the field
Plan review once prior
to grading and
construction; field
verification periodically
during project grading
and construction
Onsite construction
manager, Community
Development
Department –
Building and Safety
Division
TRAFFIC AND CIRCULATION
T-1(a) - Seahill Drive-Tramonto
Drive/Palos Verdes Drive South. The City
shall monitor the level of service at this
intersection annually and shall provide a
two-way left-turn lane on Palos Verdes Drive
South when the improvement is determined
to be needed 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).
Monitor levels of service
of the intersection
annually and verify
completion of the
improvement if necessary
Review annually Public Works and
Community
Development
Departments;
Planning Division
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T-1(b) - Narcissa Drive/Palos Verdes Drive
South. The City shall monitor the level of
service at this intersection annually and shall
provide a two-way left-turn lane on Palos
Verdes Drive South, east of Narcissa Drive,
when the improvement is determined to be
needed 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.
Monitor levels of service
of the intersection
annually and verify
completion of the
improvement if necessary
Review annually Public Works and
Community
Development
Departments;
Planning Division
T-1(c) - Forrestal Drive/Palos Verdes Drive
South. The City shall monitor the level of
service at this intersection annually and shall
provide a two-way left-turn lane on Palos
Verdes Drive South when the improvement
is determined to be needed to provide a
deceleration and storage area for le ft-turn
vehicles traveling in either direction. (Note
that this improvement is listed in the City of
Rancho Palos Verdes General Plan Update).
Monitor levels of service
of the intersection
annually and verify
completion of the
improvement if necessary
Review annually Public Works and
Community
Development
Departments;
Planning Division
T-1(d) - Palos Verdes Drive East/Palos
Verdes Drive South. The City shall monitor
the level of service at this location annually
and shall provide a two-way left-turn lane on
Palos Verdes Drive South when the
improvement is determined to be needed 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).
Monitor levels of service
of the intersection
annually and verify
completion of the
improvement if necessary
Review annually Public Works and
Community
Development
Departments;
Planning Division
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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).
Monitor levels of service
of the intersection
annually and verify
completion of the
improvement if necessary
Review annually Public Works and
Community
Development
Departments;
Planning Division
T-4(a) - Maintain Access. Maintain existing
access for land uses in proximity to the
project area.
Verify in the field that
access is maintained
during grading and
construction
Periodically throughout
grading and
construction
Onsite construction
manager and
Community
Development
Department; Building
and Safety Division
T-4(b) - Lane Closure Restrictions. Limit
any potential lane closures to off-peak travel
periods.
Verify plans and notes
that potential lane
closures are limited to off-
peak travel times
Once prior to issuance
of grading and
construction permits.
Community
Development
Department; Building
and Safety Division
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.
Verify plans and notes
that material deliveries
are limited to off-peak
travel times and that
deliveries are coordinated
Once prior to issuance
of grading and
construction permits.
Community
Development
Department; Building
and Safety Division
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.
Verify plans and notes are
in compliance with the
measure; verify
compliance in the field
Once prior to issuance
of grading and
construction permits;
field verify periodically
for compliance with the
measure
Onsite construction
manager and
Community
Development
Department; Building
& Safety Division
T-4(e) - Portuguese Bend Community
Association (PBCA) Building Regulations
and Architectural Standards. Construction
activities shall adhere to the following PBCA
regulations and standards:
1. All construction vehicles must be
parked on-site and may not be parked
on the streets within PBCA. The
entrance gate parking area may be
used if requested in advance and
vehicles will be required to display
parking passes.
2. Contractor shall not track mud on to the
streets from construction vehicles
Verify construction plans
and notes are in
compliance with the
measure; verify
compliance in the field
Once prior to issuance
of grading and
construction permits;
field verify periodically
for compliance with the
measure
Onsite construction
manager and
Community
Development
Department; Building
& Safety Division
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Initials Date Comments
3. 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.
4. 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.
T-4(f) - Construction Activity Tracking.
The Community Development Department
will maintain a database of ongoing
construction activity on the 31 undeveloped
project area lots that identifies construction
site locations and makes the information
available to the public. This will allow project
area residents and City staff to effectively
track construction activity and ensure
compliance with applicable standards and
requirements.
Create and monitor a
database in compliance
with the measure
Ongoing throughout the
lifespan of the project
Community
Development
Department –
Planning Division
UTILITIES AND SERVICE SYSTEMS
U-1(a) - Participation in Geotechnical
Hazard Abatement. Future project area
applicants shall participate in existing or
future geological and geotechnical hazard
abatement requirements of the City,
including but not limited to any easement
required by the City to mitigate landslide
conditions and the items listed in Measures
GEO-3(a) and GEO-3(b) above. Compliance
with such measures shall be verified by the
Director of Community Development or
his/her designee, prior to the issuance of any
grading or building permit.
Verify individual
applicants participate in
geological and
geotechnical hazard
abatement requirements.
Once prior to issuance
of any grading permits
Public Works
Department
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Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
U-1(b) - Review and, as Necessary,
Upgrade of Project Area Sewer System.
The City shall update the Abalone Cove
Sewer Capacity Report biennially. If
deficiencies in the project area sewer system
are identified as part of the biennial 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.
Review report and update
if necessary
Biennially Public Works
Department
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01203.0023/614137.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO AMEND EXCEPTION CATEGORY ‘P’
TO ALLOW FOR THE FUTURE DEVELOPMENT 31
UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S
LANDSLIDE MORATORIUM AREA.
WHEREAS, on October 14, 2009, the City commenced the processing of a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings
and Construction) of the Rancho Palos Verdes Municipal Code to allow for the future
residential development of 31 undeveloped lots in Zone 2 of the City’s Landslide
Moratorium Area (LMA) (“Project”); and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. (“CEQA”), the State’s CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City’s Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardo us Waste and
Substances Statement), the City of Rancho Palos Verdes prepared an Environmental
Impact Report (EIR); and,
WHEREAS, on January 3, 2011, the City prepared an Initial Study (IS) and a
Notice of Preparation (NOP) for the proposed project, which were released to the public
and public agencies for review; and,
WHEREAS, on February 1, 2011, the City Council conducted a public scoping
meeting to provide a forum for agencies and members of the community to provide verbal
comments on the IS and NOP; and,
WHEREAS, on September 21, 2012, the Draft EIR was made available to the
public for review and subsequently the City Council conducted a public hearing on
November 7, 2012, in order to provide the public an opportunity to provide verbal
comments on the Draft EIR; and,
WHEREAS, on March 6, 2014, the Final EIR was completed and released to the
public for review. The City Council conducted public hearing on April 15, 2014, May 6,
2014 and June 17, 2014, to allow additional time for the public to submit comments related
to the EIR and proposed project, as well as, to allow staff and its consultants to address
additional comments made by the public and any issues raised by the City Council; and,
WHEREAS, on August 5, 2014, the City Council conducted a public hearing on the
Final EIR and after considering evidence introduced into the record, tabled the
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certification of the Final EIR and the adoption of the proposed Zone 2 Landslide
Moratorium Ordinance Revisions; and,
WHEREAS, on November 8, 2018, the City re-initiated the environmental review
process for the proposed Zone 2 Landslide Moratorium Ordinance Revisions with the
circulation of an NOP, which provided for a 30 -day public scoping period. The City re-
initiated the process to amend the City’s Landslide Moratorium to allow for the future
development of 31undeveloped lots in Zone 2 of the City’s LMA. Several properties in the
Zone 2 had been residentially developed or were in the process of being developed and
the City sought to assess how changed c onditions affect the surrounding environment.
The City also re-initiated the process in response to litigation filed by a group of property
owners in Zone 2 seeking to develop their properties; and,
WHEREAS, after the NOP comment period ended, the Updated Draft EIR was
prepared taking into account comments that were submitted during the public scoping
period and a Notice of Availability (NOA) was issued by the City on August 22, 2019,
which informed State and local agencies, interested parties and the pub lic that the
updated Draft EIR was available for review, and providing for a 45 -day public comment
period, which ended on October 7, 2019; and,
WHEREAS, the IS included in the Updated Draft EIR that was prepared in 2011
as part of the original environmental review for the Zone 2 Landslide Moratorium
Ordinance Revisions. The IS project description reflected the 47 lots that were
undeveloped at that time. It also reflected the CEQA Guidelines environmental checklist
that was in place at that time. Although the IS was not updated when the new NOP was
released in 2018, the recirculated 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; and,
WHEREAS, on September 17, 2019, the City Council conducted a public hearing
in order for the City to receive public oral comments regarding the Updated Draft EIR;
and
WHEREAS, on October 31, 2019, the Community Development Department
issued a notice informing the public that the Final EIR would be available for review on
November 1, 2019. The notice was provided via mail to property ow ners in and within a
500-foot radius of Zone 2 and was published in the Peninsula News on October 31, 2019.
A notice of the meeting was also provided by email to interested parties through the City’s
list-serve message system for this project, and posted citywide on the City’s Nextdoor
social media page. The notice also informed the public that a public hearing was
scheduled with the City Council on November 19, 2019 to consider certification of the
Final EIR and approval of the proposed code amendment; and,
WHEREAS, on November 1, 2019, the Final EIR was made available on the City’s
website and hardcopies of the documents were also made available to the public at the
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locations specified in the notice, including but not limited to, City Hall and the Hesse Park
Community Center; and,
WHEREAS, at its November 19, 2019, meeting, the City Council held a duly-
noticed public hearing, at which time all interested parties were given an opportunity to
be heard and further present evidence regarding the proposed Code Amendment, the
Final EIR and the responses to the comments received regarding the Draft EIR; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code.
Section 2: The City Council finds that the amendments to Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code are consistent with the Rancho Palos Verdes General Plan
in that they uphold, and do not hinder, the goals and policies of those plans, in particu lar
to balance the rights of owners of undeveloped properties within Zone 2 of the City’s
Landslide Moratorium Area to make reasonable use of their properties while limiting the
potential impacts resulting from such use upon landslide movement, soil stabil ity and
public safety within and adjacent to the Landslide Moratorium Area.
Section 3: The City Council further finds that the amendments to Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code are comparable, with added development criterion and
mitigation measures, to the development potential that has been afforded to the 16 Monks
Plaintiffs’ Lots located in Zone 2 of the City’s Landslide Moratorium Area in that they will
allow for the future development of 31 undeveloped lots in Zone 2 of the City’s Landslide
Moratorium Area with new, single-family residences and ancillary site improvements.
Thus, the City Council finds that the amendment achieves parity with the rights enjoyed
by the owners of the developed lots in Zone 2 of the City’s Landslide Moratorium Area
and achieves parity with the rights enjoyed by the property owners of the 16 Monks
Plaintiffs’ Lots in Zone 2 of the Landslide Moratorium Area.
Section 4: The City Council further finds that there is no substantial evidence
that the amendments to Chapter 15.20 (Moratorium on Land Use Permits) of Title 15
(Buildings and Construction) of the Rancho Palos Verdes Municipal Code would result in
significant environmental effects or a substantial increase in the severity of such effects,
with the exception of significant and unavoidable impacts related to Traffic and Circulation
(specifically, with respect to Intersections, Roadway Segments, and Temporary
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Construction Impacts). The City Council certified the Environmental Impact Report, made
certain findings related to the requirements of the California Environmen tal Quality Act,
adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring
Program for Planning Case No. PLCA2018-0004 prior to making its decision regarding
the code amendments contemplated herein, as evidenced in Resolution No . 2019-__,
adopted by the City Council on November 19, 2019.
Section 5: The City Council further finds that the amendments to Chapter 15.20
(Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code are necessary to protect the public health, safety and
general welfare in the area.
Section 6: Based upon the foregoing, Section 15.20.040 (Exceptions) of
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code is amended to read as follows (added text
identified in bold/underline):
P. 1. The construction of residential buildings, accessory structures, and
grading totaling less than 1,000 cubic yards of combined cut and fill and
including no more than 50 cubic yards of imported fill material on the 16
undeveloped lots in Zone 2 of the "landslide moratorium area" as outlined
in green on the landslide moratorium map on file in the director's office,
identified as belonging to the plaintiffs in the case "Monks v. City of
Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal.
App. 2 Dist., 2008)"; provided, that a landslide moratorium exception
permit is approved by the director, and provided that the project complies
with the criteria set forth in Section 15.20.050 (Landslide Mitigation
Measures Required) 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.
2. The construction of single-story residential buildings with a
maximum height of 16’, as measured pursuant to Section
17.02.040(B)(1)(c) of the Rancho Palos Verdes Municipal Code, and
accessory structures with a maximum height of 12’, as measured
pursuant to Section 17.48.050(D) of the Rancho Palos Verdes
Municipal Code with a maximum lot coverage of 25% for RS-1 and
RS-2 zoned lots and grading totaling less than 1,000 cubic yards of
combined cut and fill and including no more than 50 cubic yards of
imported fill material on the 31 undeveloped lots in Zone 2 of the
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01203.0023/614137.1 Ordinance No. ___
Page 5 of 6
"landslide moratorium area" as outlined in green on the landslide
moratorium map on file in the director's office, and which are not
within the scope of subparagraph (1) above; provided that a
landslide moratorium exception permit is approved by the director,
provided that the project complies with the criteria set forth in
Section 15.20.050 (Landslide Mitigation Measures Required) of this
chapter and the Mitigation Monitoring and Reporting Program
approved for the Environmental Impact Report related to the Zone 2
Code Amendments for the non-monks lots (Case No. PLCA2018-
0004). 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.
Section 7: Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragrap hs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, and phrase hereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
Section 8: Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 9: Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
Section 10: After the effective date of this Ordinance, it shall apply to all
Landslide Moratorium Exception permits and any subsequent development applications
for the 31 non-Monks lots in Zone 2 submitted on or after the effective date of this
Ordinance.
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01203.0023/614137.1 Ordinance No. ___
Page 6 of 6
PASSED, APPROVED and ADOPTED this 3rd day December 2019.
_________________________________
Mayor
ATTEST:
____________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. _____ passed first reading on November 19, 2019, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on _____________, 2019, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
B-6
C-1Octavio Silva From: Sent: To: Subject: Follow Up Flag: Flag Status: Meg Vaughn <chezbacons@gmail.com> Thursday, November 07, 2019 7:02 PM Octavia Silva Zone 2 Landslide Moratorium Ordinance Follow up Completed Dear Members of the City Council Of Rancho Palos Verdes: My husband and I have owned a lot in Zone 2 on Cinnamon Lane for 25 years. We both support the change to the moratorium ordinance (revision to subsection P to Section 15.20.040, undeveloped lots in Zone 2). We have always hoped to build a home on our lot and believe these steps will lead to fulfilling that dream. We look forward to attending the hearing on November 19. Thank you for your consideration. Sincerely, Margaret Vaughn chezbacons@gmail.com 1
C-2Octavio Silva From: Sent: To: Subject: Follow Up Flag: Flag Status: Dear RPV Council Members, Robert Bacon <southroof@yahoo.com> Thursday, November 07, 2019 6:49 PM Octavio Silva Supporting the revised EIR and proposed changes to the City Landslide Moratorium Ordinance. Follow up Completed My wife and I have owned a lot on Cinnamon Lane for over 25 years and were residents for almost 15 years. Over these many years I have attended many meetings concerning the Portuguese Bend landslide Moratorium. I feel I have been very patient in letting this process play out. Over the years which included expensive court cases, houses have and are being built in Zone 2 in Portuguese Bend. Judging from the findings of the completed FEIR that the City commissioned these latest questions of traffic, drainage, noise, etc. have been studied/documented and deemed "not significant with mitigation." I feel the time is now to certify the FEIR and amend the City Landslide Moratorium Ordinance and to allow building in Zone 2. Thank you, Robert Bacon 1
C-3Octavio Silva From: Sent: To: Subject: Follow Up Flag: Flag Status: Michael Napper <mikenopper@aol.com> Thursday, November 07, 2019 1:30 PM Octavia Silva Letter in support of FEIR > > Revised submission Follow up Completed Please replace my previous letter submitted on Nov. 6th, with this more detailed letter. ============================================================== Dear RPV City Council, I write in strong support of having the Rancho Palos Verdes City Council approve I certify the final Environmental Impact Report (EIR) as currently proposed, and also of having the Rancho Palos Verdes City Council approve the change to City landslide moratorium ordinance (15.20.040) so as to allow all of the currently-undeveloped lots within "Zone 2" to be able to apply for development under the same rules and procedures as are currently in force for the "Monks lots" within that same Zone 2. I support the primary recommendations, and disapprove of the two alternatives described in the Executive Summary ES-3. In the executive summary, Table ES-1 notes that every item has been mitigated to a level of "less than significant", except for traffic at one intersection that is several miles distant from Zone 2, and one other place where mitigation would involve conversion of a section of Palos Verdes Drive South from 2 lanes to 4 lanes. As it happens, according to this same Table ES-1, the identified mitigations for both of these items are already listed in the City of Rancho Palos Verdes General Plan Update, and therefore remain "on the table" for future consideration. Based on this progress, I believe that the City is now ready to proceed with the approval/ certification of the final EIR, and the adoption of the proposed change to the City landslide moratorium ordinance. I urge that the City Council complete both of these actions at the 19 November 2019 City Council meeting. I thank you for your efforts in this matter. I believe that you and the staff have reached a proposed outcome that is fair to both the lot owners and the owners of existing housing in the Zone 2 area. Thank you, Michael Napper 1
C-4Octavio Silva From: Sent: To: Subject: Follow Up Flag: Flag Status: Hi Octavia Jim York <theyorkproperties@gmail.com> Wednesday, November 06, 2019 4:33 PM Octavia Silva 11/19/19 City Council Meeting Zone 2 EIR Follow up Completed We own a vacant lot on Cinnamon Lane where homes have recently been built on either side of our lot. We support the certification of the Final EIR and Code Amendment related to Zone 2. Jim York 1
C-5Octavio Silva From: Sent: To: Follow Up Flag: Flag Status: Jerry Johnson <jjmountainmanOl@aol.com> Wednesday, November 06, 2019 11:24 AM Octavia Silva Follow up Completed Re: DEIR comments -Zone 2 Landslide Moratorium Area. Please note my UNQUALIFIED support for certification of the updated FEIR and the Code Amendment related to residential development in Zone 2 of the Landslide Moratorium Area,as proposed and recommended by City staff. The City Council is to be commended for their hard work in resolving an issue that has confounded other Councils in the past. Passage of this proposal will result in this City Council being remembered as the one who finalized an appropriate answer to the dilemma. Thank You for your diligent efforts in considering everyones interests. Jerry Johnson property owner Zone 2 1
C-6Octavia Silva From: cassiej@aol.com Sent: To: Tuesday, November OS, 2019 5:40 PM Octavia Silva Subject: Re: Zone 2 Final EIR By the way, No Alternative is ALWAYS an alternative in an EIR. -----Original Message-----From: cassiej <cassiej@aol.com> To: octavios <octavios@rpvca.gov> Sent: Tue, Nov 5, 2019 3:16pm Subject: Zone 2 Final EIR 11/5/2019 City of Rancho Palos Verdes Octavia Silva Re: Zone 2 Final EIR Dear Sir, I spent time reading the final EIR today and have to say the language used in the document shows that the City only wants to allow building to preserve the property values of vacant lots and to avoid litigation. Safety concerns, including that of traffic issues, are not of concern. The interrelationship between Zone 2 and Zones 5 & 6 are ignored. It would be wholly appropriate to step in with legal representation and say, wait. fix the access and drainage issues before you add more homes and put more properties at risk. Many of the traffic issues, instead of being dealt with, are repeatedly brushed off and are relegated to merely monitoring annually with improvements made "when the improvement is determined to be needed," (isn't it already?) with absolutely no indication as to what the criteria are for that determination. The document should specifically commit to the level at which the City will call for the improvement. Reduction in home size would achieve some of the objectives of the proposed project, "but not to the extent desired by the City". The impact reductions would be "not be substantial enough to outweigh the loss of property value" for Zone 2 landowners. Nowhere are the property values of existing homes, being placed at further risk of denied or impaired access through Zones 5 & 6, even acknowledged. Throughout the document the City excuses appropriate mitigation citing: "Specific economic, legal, social, technological, or other considerations... " but never describe these "other considerations." Most outrageous of all is the admittance and conclusion that this EIR was done " ... to provide the opportunity for Zone 2 landowners to apply to develop their parcels .... the objective of the proposed project, which is to establish an exception category to allow for the future development of 31 undeveloped or underdeveloped lots located in Zone 2." It is then concluded that the No Project Alternative is infeasible because it does not accomplish their goal, although building in a landslide area without first addressing the infrastructure deficiencies could mean that the project actually is not feasible after all. The drainage, traffic and other infrastructure problems certainly and logically have to take precedence over building. Once they are addressed, we will ALL be happy to have a safe place to build and live. I had hoped the City would take a stance favorable to the welfare of the homes already here as well as any in the future. Apparently, not. Cassie Jones 1
C-7Octavio Silva From: Sent: To: Subject: 11/5/2019 City of Rancho Palos Verdes Octavio Silva Re: Zone 2 Final EIR Dear Sir, cassiej@aol.com Tuesday, November 05, 2019 3:16 PM Octavio Silva Zone 2 Final EIR I spent time reading the final EIR today and have to say the language used in the document shows that the City only wants to allow building to preserve the property values of vacant lots and to avoid litigation. Safety concerns, including that of traffic issues, are not of concern. The interrelationship between Zone 2 and Zones 5 & 6 are ignored. It would be wholly appropriate to step in with legal representation and say, wait, fix the access and drainage issues before you add more homes and put more properties at risk. Many of the traffic issues, instead of being dealt with, are repeatedly brushed off and are relegated to merely monitoring annually with improvements made "when the improvement is determined to be needed," (isn't it already?) with absolutely no indication as to what the criteria are for that determination. The document should specifically commit to the level at which the City will call for the improvement. Reduction in home size would achieve some of the objectives of the proposed project, "but not to the extent desired by the City". The impact reductions would be "not be substantial enough to outweigh the loss of property value" for Zone 2 landowners. Nowhere are the property values of existing homes, being placed at further risk of denied or impaired access through Zones 5 & 6, even acknowledged. Throughout the document the City excuses appropriate mitigation citing: "Specific economic, legal, social, technological, or other considerations... " but never describe these "other considerations." Most outrageous of all is the admittance and conclusion that this EIR was done " ... to provide the opportunity for Zone 2 landowners to apply to develop their parcels .... the objective of the proposed project, which is to establish an exception category to allow for the future development of 31 undeveloped or underdeveloped lots located in Zone 2." It is then concluded that the No Project Alternative is infeasible because it does not accomplish their goal, although building in a landslide area without first addressing the infrastructure deficiencies could mean that the project actually is not feasible after all. The drainage, traffic and other infrastructure problems certainly and logically have to take precedence over building. Once they are addressed, we will ALL be happy to have a safe place to build and live. I had hoped the City would take a stance favorable to the welfare of the homes already here as well as any in the future. Apparently, not. Cassie Jones 1
C-8Octavio Silva From: Sent: To: Subject: Follow Up Flag: Flag Status: Hello Octavio, David Leeper <davidleeper2@hotmail.com> Tuesday, November OS, 2019 10:34 AM Octavia Silva Re: Zone 2 Landslide Moratorium Ordinance Revisions Final Environmental Impact Report Follow up Completed The roads to the proposed projects are not shown to be safe by any engineering, andthe roads are not safe. Narcissa has too sharp a turn above Wayfaer's Chapel, and Narcissa is in a slide area, and Peppertree is in a worse slide area. There is no assurance that weight and vibrations from cement trucks will not agravate the slide in these two areas, which are the only access. David Leeper From: Octavia Silva <OctavioS@rpvca.gov> Sent: Friday, November 1, 2019 10:40 AM To: David Leeper <davidleeper2@hotmail.com> Subject: Re: Zone 2 Landslide Moratorium Ordinance Revisions Final Environmental Impact Report Hello Mr. Leeper, Section 8 of the Final EIR, provides responses to the comments that were submitted as part of the Draft EIR, including the comments you provided. That said, you are also welcome to submit comments as part of the Final EIR as indicated in the notice. Thank you, Octavio From: David Leeper <davidleeper2@hotmail.com> Sent: Friday, November 1, 2019 8:59:04 AM To: Octavia Silva Subject: Re: Zone 2 Landslide Moratorium Ordinance Revisions Final Environmental Impact Report Hello, One question is: Are the previous communications submitted in response to the Draft going to be considered, or do those previous comments need to be sent to you again? Thanks, david leeper 1
C-9Octavia Silva From: Sent: To: Subject: Attachments: Dear City Council, Peter Napper < pnopper@outlook.com > Tuesday, November 05, 2019 7:23 AM Octavia Silva Letter in support of FEIR Crockett letter on FEIR.pdf I am writing in support of passing the FEIR as it stands with the primary recommendations. Could you please add the following attached letter from Bob Crockett to the FEIR staff report that will go out on the November 19th city council meeting. I helped pay for his letter and there is no need for me to repeat the points he made. Also, the temporary building moratorium did not strip the 311egallots of their road easement rights that have been in place since the 1940's. It was just a temporary building halt. Therefore, a traffic study should not apply to the 31 zone 2 lots and should only be used for the benefit of the city's understanding of traffic flows. Thank you, Peter Napper 1
C-10Crockett & Associates September 30, 2019 Octavia Silva Senior Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Re: Rancho Palos Verdes, Zone 2 Owners; DEIR Comments Dear Mr. Silva: Robert D. Crockett 23929 Valencia Blvd., Suite 303 Valencia, California 91355 323-487-1101 I 323-843-9711 fax bob@ babe rockettlaw .com www.bobcrockettlaw.com On behalf of lot owners in Zone 2 whom I represent, I offer the following DEIR comments. 1. ''Adoption of the proposed ordinance would allow for the construction of up to 31 single-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." HWQ-5 The environment's impact upon the project is not a legitimate CEQA inquiry. Such impacts are resolved by standard building and safety considerations, not CEQA. (See Cal. Bldg. Indus. Ass'n v. Bay Area Air Quality Mgmt. Dist. (2015) 62 Cal. 4th 369, 388 [ 196 Cal. Rptr. 3d 94] ('"[W]e must distinguish between requirements that consider the environment's eftects on a project and those that contemplate the project's impacts on the existing environment. The former, in light of our analysis of section 21083 and other relevant language·in CEQA, are invalid.''). 2. "Alta mira Canyon is the main natural drainage course that drains the project area and off-site tributary areas. Altamira Canyon has experienced and continues to experience erosion that is partially due to
C-11Page 2 September 30, 2019 runoff from the existing development in and outside of the project area." DEIR 4.8.1. "The flood hazard zones are shown in Figure 4.8-1. As shown on Figure 4.8-1, nine of the 311ots that could be developed as a result of the project are partially or completely located within the ZoneD designation." DEIR 4.8.1. According to studies made over many years by Dr. Robert Douglas, a USC geologist (and long-time Portuguese Bend resident), the water in Altamira Canyon is collected from a wide area, far larger than the residential area of Portuguese Bend, and therefore the additional contribution to water volume in Altamira Canyon from the development of the remaining 31 residential lots in Zone 2 would be de minimus, especially in light of the requirements for collecting and retaining rain water on each new building site. We believe that your experts will come to the same conclusion, especially if they do something that Dr. Douglas did: plot on a map the entire area that feeds water into Altamira Canyon, and then also plot on that same map the 31 undeveloped lots. Such a map makes it easy to see that the incremental contribution from those 31 lots is insignificant. We recommend that you have your experts prepare such a map, and include it in the EIR. We point out that the DEIR states on page 4.8-9: "The increase in peak runoff rates as a result ofbuildout ofthe 3/lotsfor the design storm events (10, 25, 50-year, and Capital Storm) ranges from 0.5% to /%for the entire watershed." This shows that your experts have arrived at the same conclusion that Dr. Douglas arrived at, e.g., the additional contribution to water volume in Altamira Canyon from the development ofthe remaining 31 residential lots in Zone 2 would be de minimus. We also point out that the DEIR also states on page 4.8-14: "Furthermore, City staff is of the opinion that, provided that best engineering practices are employed and holding tanks are maintained and operational during storm events. the incorporation of similar mitigation measures would ensure that the future development of 31 lots would not cause any significant increase in runoff during rain events in the project area. " 3. 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
C-12Page 3 September 30. 2019 Measures T-l(a) through T-l(d) would reduce impacts to a less than significant level at four of the five intersections that would experience significant impacts. However, because feasible mitigation is not available at the Via Rivera/Hawthorne Boulevard intersection, the impact at that location would be Class 1, significant and unavoidable. 4. Impact 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 1, significant and unavoidable. 5. Impact 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 1, significant and unavoidable. As to T 1. T2 and T 4, the long-ago decision to zone these 31 lots for residential development carried with it a determination that the roads for ingress and egress are adequate for both routine and emergency use. There is no need to conduct a CEQA evaluation for a project which has been previously approved by the City Council pursuant to then-legal requirements. We do support reasonable mitigation measures regarding traffic. e.g .• restrictions on the number of simultaneous construction projects, limitations on hours of access for large construction equipment, restrictions on on-street parking, and so forth. If the City is able to negotiate an agreement with Mr. York for an additional emergency access across his property, that would be well-and-good, but ought not to be a condition for approval of this ElR and the associated amendment to the LME; the prior zoning decision is a firm statement that the two existing roads are suitable for routine and emergency access for the full complement of lots within Zone 2. We recommend that you add a statement that such additional access would be nice to have, but is not necessary, as your analysis has found that the existing two roads are adequate for both routine and emergency use. It is our view that the mitigation measures proposed by the City staff in this regard are both reasonable and sufficient. We ask you to bear in mind that thousands of people already live on the south side of Palos Verdes; we do not believe that the contribution of 31 additional homes will be material on the large scale (e.g., Hawthorne Boulevard and
C-13Page 4 September 30. 2019 Palos Verdes Drive South). On the small scale (e.g .. within the Portuguese Bend gated community). we again point out that the long-ago decision to zone these 31 lots for residential development carried with it a determination that the roads for ingress and egress are adequate for both routine and emergency use. We ask that you clarifY this distinction between large-scale traftic concerns (e.g., the entire south side of the peninsula) and small-scale traffic concerns (e.g .. within the gated Portuguese Bend community itselt) in the EIR. 3. Appendix E (Flood and Hydrology), p. 12. We note that the existing street and drainage development are reported to be adequate for the development of the undeveloped Zone 2 lots. We support water run-off mitigation measures, especially on-site holding tanks and catch basins, and support also enforcement measures to ensure that during and after construction those requirements for retaining water are properly implemented. We believe these to be entirely effective mitigation measures. We do also ask you to bear in mind that in this neighborhood, the streets for most of the neighborhood are the storm drains, and the videos of water running down the streets during a rainstorm simply show that the streets are serving this function as designed and as intended. We recommend that you add a statement to the EIR noting that in this neighborhood, the streets for most of the neighborhood are the storm drains. 4. A comment was raised during the public hearing regarding seismic-induced landslide hazards. By the City's own detinition of Zone 2 that this zone is not a landslide area (Zone 2 is described and titled as "Subdivided land unaffected by large historic landslides"); Zone 2 was included in the original moratorium only because it was near to actual landslide areas, rather than itself being a landslide area. In any case, your geologists are capable of assessing this risk; we remind you that both Dr. Ehlig and Dr. Douglas studied this matter, and both concluded that (quoting Dr. Ehlig) "The undeveloped lots ... could be developed without adversely affecting the stability of the large ancient landslide". We recommend that you add a statement that cites the very title of Zone 2, and note that local seismic issues have never triggered a landslide in Zone 2. 6. We see no reason to limit lot coverage to less than is allowed for other lots with the same zoning designation. If there are issues that arise from the specific configuration of an individual lot regarding drainage or other matters, that is best addressed during the permitting process.
C-14Page 5 September 30, 2019 bee: Neil Siegel 4845-1409-0408, v 1
C-15Dear Mr. Silva, I am writing in response to the notice I received on 10/31/19. My family have been long time residence In Portuguese Bend dating back to 1957 when they built their house and the moratorium was established due to landslide concerns. As we fast forward to the current times and the pressure to build out the existing lots, one can only be concerned on what this will do to the existing area and current neighborhood. Currently there are homes in the neighborhood that have issues with home movement. Will our infrastructure be able to support and maintain the added traffic. What about emergency vehicles and the abilities for the community to move during times of emergency? What about crime and the added pressure of these additional homes to the surrounding areas? Will these additional homes cause increased landslide activity, and who will be responsible if it does? If this amendment is passed, how will it be implemented? Are the doors just flung open and its open season to build? Will the new builders be held responsible on the known potential consequences? I attended one of the last city council meetings where a video was shown referencing water run off from one of the new houses located off of upper Cinnamon. What has been constructed to make change to that possibility? I understand the want for lot owners to build but I am greatly concerned on the outcome of what pressures it will bare upon this neighborhood and the potential outcome it will provide for the current residence and safety of all that it encompasses. I ask that the amendment not be passed. Respectfully. Joan and Ellen Wright
C-16Octavio Silva From: Sent: To: Cc: Subject: Dear Mr. Silva: June Horton <JHorton@WMEAgency.com> Monday, November 04, 2019 11:11 AM Octavia Silva June Horton CASE Bo. PLCA2018-0004 I am a longtime homeowner, living at 85 Vanderlip Drive in Portuguese Bend, and I am writing in response to the 10/31/19 Notice that I received. My family has resided in our Vanderlip Drive house for 50+ years. During that time, we experienced the major landslide which gave rise to the Moratorium. In fact, my late father, Edward Horton (a world acclaimed scientist) was very involved with the studies that were done at the time that resulted in the Moratorium. To give further context to my comments, I am a lawyer, so I followed the Monks lawsuit, and the events that have transpired since then. I understand why owners of vacant lots in Portuguese Bend would want to build homes, HOWEVER their desire doesn't outweigh the demonstrable concerns that were established decades ago. First and foremost, there is the potential that building 30+ residences will cause increased landslide activity (and we already have ongoing landslide activity). Will these homeowners and the city of RPV indemnify the rest of us if that happens? The decision to approve the Amendment must hold the city and the new homeowners liable for the known potential consequences, because I certainly will. Furthermore, aside from the very real geographical concerns, I believe I speak for most members of the community when I say that not only will the character of Portuguese Bend be negatively impacted by having such a massive numbers of homes and residents added, but there will without a doubt be traffic and safety problems. The added congestion to the narrow streets has already occurred over the last 15 years, and adding dozens of cars will make it even more dangerous throughout the Bend, but particularly in the entrances/exits. I would like to point out that the current citizens moved to Portuguese Bend because of the open space and lack of residential density. Conversely, those who purchased vacant lots were well aware of this, and well aware of the Moratorium. The prices of the homes, and of the vacant lots reflect both of these considerations. To approve the Amendment would result in a substantial windfall to the lot owners and an incalculable detriment to everyone else. Please do not pass the Amendment. Sincerely, June Horton June Horton I WME JHorton@WMEAgency.com 310.859.4512 1
C-17Neil Siegel, Ph.D. Lot owner at 7 Thyme Place Rancho Palos Verdes, CA 90275 (please direct correspondence to siegel. neil@ gmail.com) 310-375-9907 2 November 2019 Subject: Letter in support of the final EIR, and in support of the proposed change to the City landslide moratorium ordinance Dear members of the City Council of Rancho Palos Verdes: I write in strong support of having the Rancho Palos Verdes City Council approve I certify the final Environmental Impact Report (EIR) as currently proposed, and also of having the Rancho Palos Verdes City Council approve the change to City landslide moratorium ordinance (15.20.040) so as to allow all of the currently-undeveloped lots within "Zone 2" to be able to apply for development under the same rules and procedures as are currently in force for the "Monks lots" within that same Zone 2. I support the primary recommendations, rather than either of the two alternatives. I have been both the president of the Portuguese Bend Community Association, and a long-term member of the Abalone Cove Landslide Abatement District board of directors. These experiences have provided me with some knowledge of the matter at issue. Having read the final EIR, I commend you and the City staff on a careful and thorough evaluation and analysis. I note that in the executive summary, Table ES-1 notes that every item has been mitigated to a level of "less than significant", except for traffic at one intersection that is several miles distant from Zone 2, and one other place where mitigation would involve conversion of a section of Palos Verdes Drive South from 2 lanes to 4 lanes. As it happens, according to this same Table ES-1, the identified mitigations for both of these items are already listed in the City of Rancho Palos Verdes General Plan Update, and therefore remain "on the table" for future consideration. Based on this progress, I believe that the City is now ready to proceed with the approval I certification of the final EIR, and the adoption of the proposed change to the City landslide moratorium ordinance. I urge that the City Council complete both of these actions at the 19 November 2019 City Council meeting. I thank you for your efforts in this matter. This matter has been controversial, but I believe that you and the staff have reached a proposed outcome that is fair to both the lot owners and the owners of existing housing in the Zone 2 area. Thank you for listening to my opinion on this matter. ~~ Neil Siegel, Ph.D. (contact information: siegel. neil@ gmail.com)
C-18Robyn Friend, Ph.D. 19 Golden Spar Place Rolling Hills Estates, CA 90274 (please use this address for correspondence, or robyn@robynfriend.com) 310-375-9907 2 November 2019 Subject: Letter in support of the final EIR, and in support of the proposed change to the City landslide moratorium ordinance Dear members of the City Council of Rancho Palos Verdes: I write in strong support of having the Rancho Palos Verdes City Council approve I certify the final Environmental Impact Report (EIR) as currently proposed, and also of having the Rancho Palos Verdes City Council approve the change to City landslide moratorium ordinance (15.20.040) so as to allow all of the currently-undeveloped lots within "Zone 2" to be able to apply for development under the same rules and procedures as are currently in force for the "Monks lots" within that same Zone 2. I support the primary recommendations, rather than either of the two alternatives. My husband and I own a lot within Zone 2 of the Portuguese Bend community, and previously lived in that community for many years. Having read the final EIR, I commend you and the City staff on a careful and thorough evaluation and analysis. I note that in the executive summary, Table ES-1 notes that every item has been mitigated to a level of "less than significant", except for traffic at one intersection that is several mile di tant from Zone 2, and one other place where mitigation would involve conversion of a section of Palos Verdes Drive South from 2lanes to 4lanes. As it happens, according to this same Table ES-1, the identified mitigations for both of these items are already listed in the City of Rancho Palos Verdes General Plan Update, and therefore remain "on the table'' for future consideration. Based on this pr gre, s, I believe that the City is JLOW ready to proceed with the approval I certification of the final EIR, a11d the adoption of the proposed change to the City landslide moratorium ordinance. I urge that the City Council complete both o.fthese actions at the 19 November 2019 City Council meeting. I thank you for your efforts in this matter. This matter has been controversial, but I believe that you and the staff have reached a proposed outcome that is fair to both the lot owners and the owners of existing housing in the Zone 2 area. Thank you for listening to my opinion on this matter. Yours trulv. My~d Robyn Friend, Ph.D. (contact information: robyn@robynfriend.com)
From:
To:
Cc:
Subject:
Date:
Octavio,
Dennjs Gardner
Octavia Silva
Jeremy & pjopa Dayies · Gordon & C!ajre Leon: Jjm Knjght <knjghtijm33@gmaj! com>
September Coundl Meeting DEIR
Thursday, August 29, 2019 12:03:12 PM
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
D-1
Octavio Silva
From:
Sent:
To:
Subject:
Andrea Joannou <andrearpv@gmail.com>
Saturday, August 24, 2019 3:54 PM
Octavia Silva
Fwd: Zone 2 landslide Moratorium Ordinance Revisions
----------Forwarded message ---------
From: Andrea Joannou <am.lrearp\ £l gmail com >
Date: Sat, Aug 24, 20 19 at 3:49 PM
Subject: Zone 2 Landslide Moratorium Ordinance Revisions
To: <o~.:ta" iuu · ii rp' ·a.gu'->, Ara Mihranian <Ara 1 '~rp" .com >, <ccra:rpv .com>
Dear Octavious and Ara,
I am writing this email in reference to a notice I received for the Zone 2 Landslide Mortatorium Ordinance
Revision.
Let me say this. I commend the City of Rancho Palos Verdes for putting this item on the agenda and I fully
support the Ordinance Revision which will hopefully take place to allow all of the remaining 31 Zone 2 lots to
be built sooner than later.
It's about time.
These folk who own the lots have suffered years of abuse from other property owners in our community who
have tried to stop the ordinance change which have prevented them from moving forward and building. It's
been a political battle and I am glad it will now change. These folk have been paying their property taxes for
years and years for their lots in which they have had no enjoyment from or use. It's been so unfair to them. Ara,
I am so thankful to you especially for pushing this through quickly as you realize it's the right thing to do. I look
foward to more new homes in our neighbourhood in which the City will prosper in the future with property
taxes etc.
I am looking forward to helping any Zone 2 lot owner who needs help with any questions about the building
process.
Thank you again all and let's get this done.
Andrea Joannou
Tel: (310) 941-0777 I andrearpv@gmail.com I
"People don't care what you know, until they know that you care"
1
D-2
Andrea Joannou
Tel: (310) 941-0777 I andrearpv@gmail.com I
"People don't care what you know, until they know that you care"
2
D-3
Neil Siegel, Ph.D.
Lot owner at 7 Thyme Place
Rancho Palos Verdes , CA 90275
(please direct correspondence to sicgel.neil@ gmail.com)
310-375-9907
26 August 2019
Subject: Letter in support of the revised EIR, and in support of the proposed change to the City
landslide moratorium ordinance
Dear members of the City Council of Rancho Palos Verdes:
l write in strong s upp ort of hav in g th e Ranc ho P •tl s Ve rdes it y Council approve the r e vis ed
Environmental Impact R ep o rt (EJR) as currently proposed a nd also of hav in g the R anc ho
Pal o Ve rdes City Council approve lite change to City landslide moramrium ordi11anc e
(15 .20 .040) so as to allow a ll o f the c utT e ntl y-undevel o ped lot w ithin ''Z one 2'' to be a ble to
apply for development under the same rules and procedures as are currently in force for the
"Monks lots" within that same Zone 2 .
I have been both the president of the Portuguese Bend Community Association, and a long-term
member of the Abalone Cove Landslide Abatement District board of directors . These
experiences have provided me with some knowledge of the matter at issue.
The original ( 1993) document that divided the Portuguese Bend area into geologic zones -
wri tt e n by ge logi. t Dr. Perry Ehlig-titled Z o ne 2 as "Subdivided land unaffected by large
his toric la nd s lide ",and sta ted that "The und e ve loped lots ... could be developed without
adversely affecting the stability of the large ancient landslide" (emphasis added).
Bear in mind that all of th ese unJe ve l pe d lots within Zone 2 are already z ne d ror s ingle-family
residences. Many of the no mu tl cons id e rations of deve lo pme nt-d e ns ity, traffi c . anJ so forth -
ought therefore to be considered as having been resolved by that previous zoning action.
Given the undeniable fact that these lots are already zoned for single-family residences, the only
re asonable and proper basis for denyin c:o the o wners of these properties the right to develop their
prope rties would be proof that it would be un sa fe . A coutt, however. found that it was safe to
develop lots within Zone 2-the so-called "Monks decision"-and the City Council at the time
showed that it agreed with that decision (as memorialized by the City Council's change to the
City co de -·ec tion 15.2!}04 0-that ull wed s uc h devel pme nt). Since Dr. Ebli g -the geol gist
wh di id ed th e P rt ug uese Be nd area int o geo logic zone -tated that the a rea-wide g eo logy
within eac h ·in g le zo ne is s imi I r (th ai wa. hi : basis for defining the zones). this makes it clear
that the other undeveloped zone-2 lots can also safe ly be deve l p ed . That was m t de finitely
Dr. Ehlig's written opinion (as cited above)-I kn ~w him pe r o na ll y and professi nall y . It was
also the professio na l o pinion of Dr. Robe rt Do uglas, a professor of geology at USC who studied
the landslide and Z ne ~ for decades, and wa-; the chairman of the Abalone Cove Landslide
Abatement District board of directors for the entire decade that I served on that board .
Dr. Ehlig and Dr. Douglas are the world 's foremost experts on the P01tuguese Bend landslides;
th ey e. c b -;pe nt decades tudyin g the ge logy of thut are a . No o ther geologist in the world has
kn ow le d g f th ese lands lide s th at re mote ly approac he ·th e irs on this matter; their professional
pini ns o n thi · u bjec t me rit th e deepe s t rc pec t and c nside rati o n.
D-4
Neil Siegel, Ph.D.
Lot owner at 7 Thyme Place
Rancho Palos Verdes. CA 90275
(please direct correspondence to siegel.neil@gmail.com)
310-375-9907
Of course, additional proof that such development is safe is provided by the fact that since the
Monks decision (and the change to the City landslide moratorium ordinance that allowed their
development), a number of those lots have in fact been developed, and no adverse consequences
have ensued. This indicates that the rules that the City of Rancho Palos Verdes have
established for the Monks lots are adequate to ensure safe development within Zone 2, and
therefore. I believe that it is fair and equitable that the City allow development under those same
rules for the remaining undeveloped lots within Zone 2.
Therefore, I strongly believe that the Rancho Palos Verdes City Council ought at this time to
approve the revised EIR as currently proposed, and also ought at this time to approve tire change
to the City landslide moratorium ordinance ( 15 .20.040) so as to allow all of the currently-
undeveloped lots within "Zone 2" to be de veloped under the same rules and procedures as are
currently in force for the "Monks lots" within that same Zone 2.
I anticipate that you will rec~::i vc a lot of highJ y-emotional inputs, both written and verbal, against
these recommendations. Havin g listened to ·imilar inputs for years in my capacity both as the
president of the Portuguese Bend Community Association, and a long-term member of the
Abalone Cove Landslide Abatement District board of directors, I can tell you that if you strip off
the emotions , and consid r the facts presented by those who oppose development on the
remaining Z n 2 I ts, their con erns are for preservation of open pace ; they actually have no
facts in upport of lheir opinion that arc ba ed on geologic safety. The be taction. h wever, for
anyone in the neighbo rhood who wishes to preserve the open space near their house is to buy the
empty lot in question from the current owner. A number of Portugue e Bend residents ha ve
already done exactly that.
Thank you for listening to my opinion on this matter.
Yours truly,
~
Neil Siegel, Ph.D.
(contact information: siegel.neil@gmail.com)
D-5
Robyn Friend, Ph.D.
19 Golden Spar Place
Rolling Hill s Estates. CA 90274
(please use this address for correspondence. or robyn@rohynfriend .com)
310-375-9907
27 August 2019
Subject: Letter in support of the revised EIR, and in support of the proposed change to the City
landslide morat01ium ordinance
To the members of the City Council of Rancho Palos Verdes:
I write in strong support of having the Rancho Palos Verdes City Council approve the revised
Environmental Impact Report (EIR) as currently proposed, and also of having the Rancho
Palos Verdes City Council approve the change to the City•s landslide moratorium ordinance
(15 .20.040) so as to allow all of the currently-undeveloped lots within "Zone 2" to be able to
apply for development under the same rules and procedures as are currently in force for the
"Monks lots" within that same Zone 2.
My husband and I own a lot within Zone 2 of the Portuguese Bend community. and previously
lived in that community for many years.
The original ( 1993) document that divided the Pottuguese Bend area into geologic zones-
written by geologist Dr. Perry Ehlig-titled Zone 2 as "Subdivided land unaffected by large
historic landslides", and stated that "The undeveloped lots ... could be developed without
adversely affecting the stability of the large ancient landslide" (emphasis added).
Bear in mind that all of these undeveloped lots within Zone 2 are already zoned for single-family
residences . Many of the normal consideration s of development-density, traffic, and so forth-
ought therefore to be considered as having been resolved by that previous zoning action .
Given the undeniable fact that these lots are already zoned for single-family residences, the only
reasonable and proper basis for denying the owners of these properties the right to develop their
properties would be proof that it would be unsafe . A court. however, found that it was safe to
develop lots within Zone 2 -the so-called "Monks decision"-and the City Council at the time
showed that it agreed with that decision (as memorialized by the City Council's change to the
City code-section 15 .20.040-that allowed such development). Since Dr. Ehlig-the geologist
who divid ed th e Portu g ue e Bend area into geo logic zones-s ta ted that the area-wide geology
within e ach in g le 1.one is similar (thai was hi s bas is for definin g the zones), this makes it c lea r
that the other undeveloped zone-2 lots can also safely be developed . That was most definitely
Dr. Ehlig's written opinion (as cited above).
That these lots could safely be developed was also the professional opinion of Dr. Robert
Douglas, a professor of geology at USC who studied the landslide and Zone 2 for decades. and
was the chairman of the Abalone Cove Landslide Abatement District board of directors for many
years.
Dr. Ehlig and Dr. Douglas are the world's foremost experts on the Portuguese Bend landslides ;
they each spent decades studying the geology of that area. No other geologist in the world has
kn w ledge of th ese land s lid es that re mo te ly a pproaches theirs o n this matter; their professional
opinions on thi s s ub j ect me rit the d eepes t re <>pect and considerati o n.
D-6
Robyn Friend, Ph.D.
19 Golden Spar Place
Rolling Hills Estates, CA 90274
(please use this address for correspondence, or robyn@robynfriend.com)
3\0-375-9907
Of course, additional proof that such development is safe is provided by the fact that since the
Monks decision (and the change to the City landslide moratorium ordinance that allowed their
development), a number of those lots have in fact been developed, and no adverse consequences
have ensued. This indicates that the rules that the City of Rancho Palos Verdes have
established for the Monks lots are adequate to ensure safe development withifl Zone 2. and
therefore, I believe that it is fair and equitable that the City allow development under those same
rules for the remaining undeveloped lots within Zone 2.
Therefore, I strongly believe that the Rancho Palos Verdes City Council ought at this time to
approve the revised EIR as currently proposed, and also ought at this time to approve the change
to the City landslide moratorium ordinance ( 15.20.040) so as to allow all of the currently-
undeveloped lots within "Zone 2" to be developed under the same rules and procedures as are
currently in force for the "Monks lots" within that same Zone 2.
I anticipate that you will receive a lot of highly-emotional inputs, both written and verbal, against
these recommendations. Having listened to similar inputs for years while living in the
Portugue e Bend community, 1 can te ll you that if you strip off the emot ions, and con:ider the
facts pre ented by those who oppose development on the remaining Zone 2 lots, their c n ems
are for preservation of open space; they actually have no facts in support of their opinion that are
based on geologic safety. The best action, however, for anyone in the neighborhood who wishes
to preserve the open space near their house is to buy the empty lot in question from the current
owner. A number of Portuguese Bend residents have already done exactly that.
Thank you for listening to my opinion on this matter.
Yours trul v.
My~tr/
Robyn Friend, Ph.D.
(contact information: robyn @robynfriend.com)
D-7
To:
Octavia Silva, Senior Planner
Michael E N opper
3802 Rosecrans St #365
San Diego, CA 92110
619-761-3172
mike no pper@ aol.com
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
octavios@rpvca.gov
(31 0) 544-5234
September 1, 20 19
Subject: Letter in support of the revised EIR, and in support of the proposed change to the City landslide
moratorium ordinance
Dear members of the City Council of Rancho Palos Verdes,
I write in strong support or"having the Rancho Palos Verdes City Council approve the Environmental
Impact Report (EIR) as currently written, and also of having the RPV City Council approve the change to
the City ordinance so as to allow all of the currently-undeveloped lots within "Zone 2" to be developed
under the same rules as are currently in force for the "Monks lots" within that same Zone 2.
My brother and I are the proud heirs of a lot on the comer of Cinnamon and Narcissa in Zone 2 of
Portuguese Bend. The lot has been our family for nearly 40 years, and my father always intended to build on
it. Sadly he passed away 2 years ago, before he was able to realize his dream. We are also trustee-
beneficiaries of a home in the PBC beach club.
The original (1993) document that divided the Portuguese Bend area into geologic zones-written by
geologist Dr. Perry Ehlig-titled Zone 2 as "Subdivided land unaffected by large historic landslides", and
stated that "The undeveloped lots ... could be developed without adversely affecting the stability of the
large ancient landslide" (emphasis added).
All of these "Zone 2" properties are already zoned for single-family residences. Normal considerations of
development-density, traflic, and so forth would have been resolved by that previous zoning action.
The fact is that these lots are already zoned for single-family residences. The only justifiable basis for
denying the owners of Zone 2 the right to develop their properties would be proof that it would be unsafe.
However, a court found that it was safe to develop lots within Zone 2-(the so-called Monks properties, and
the City agreed; as memorialized in the City's change to the City code that allowed such development);
because Dr. Ehlig-the geologist who divided the Portuguese Bend area into geologic zones-stated that the
area-wide geology within each single zone is similar (that was his basis for defining the zones), this makes it
clear that the other undeveloped zone-2 lots can also safely be developed. That was most definitely Dr.
Ehlig's written opinion (as cited above). It was also the professional opinion of Dr. Robert Douglas, a
D-8
professor of geology at USC who studied the landslide and Zone 2 for decades, and was the chairman of the
Abalone Cove Landslide Abatement District board of directors for over a decade.
Dr. Ehlig and Dr. Dougla are the world 's foremost e perts on the Portuguese Bend landslides: they each
pent decades tudying the ge I gy of th at area. No other geo logist has knov ledgt! ol'the land slid es that
remote ly approaches their n tills matter; their profes ional opinions on this subject merit the deepe st
respect and con:;idcraLi n.
dditional proo f that "Zone 2" deve lopment i safe i ' pruven by the empirical fact that ince the Mo nks
decision (and th e chan ge t the City co de that allowt;:d their deve lopment), a n umber of those lot have been
fully developed with no ad erse con sequences since then. This indicates that th e rules tltat tlte City of
Rancho Palos Verdes ltave es tablished for the Mo11ks lots are adequate to ensure safe deve/opme11t witlrin
Zone 2, and therefore, I believe lh ·1 t it is fair and equ ita ble that the City allow development under those same
rules for lhe re mainin g undeveloped lots within Z ne 2 .
Therefore, I str ongly believe that lhe RPV City Coun il should app rove the ErR as currently written, and also
to approve the cha11ge to tir e City ordiflance so as to all ow all of the currently-undevelo ped lots within
·'Zone 2'' t be d~ve l oped under the same rules as are cu rrently in for ce for the '·M nk lots" within that same
Zone 2.
I t i e. pccted that tJ\ rt;: wi ll be great outcry from dozen ofPBCA mt:mbcr \.Vho wi ll emp lu high! charged
and irrational urgwnen ts. both \ ritten and verbal. against adopting the IR recommendations (based upon
pri r atte mpt t ad pt th e EIR). Howe e r. il' o u trip ofT the m Lion s. and con ider the facts pre ~o:nted b
th o~c \i bo pp o e do.:: e lopment on the remaining Zone 2 I. ts. their concern · are for preservati n of open
·pace in rhdr neighborhood. whil e den in g th e I t owners their rightful ability to develop the lots. without
economic compensation. All of thos who call for open spac e pre ervation have no evidence to support their
pini n of geo l gic d nger, because it does note i t. And a smaller numbe r of development deniers have
actually used the extended building moratorium as an opportunity to buy vacant lots from aging or distressed
lot owners for pennies on the dollar.
Thank you for considering my opinion on this matter.
D-9
RuJ,Ij~· PfJilllcr;:;r
-!~12 \clmir·ahk Dri\c:
To:
Octavia Silva, Senior Planner
City of Rancho Palos Verdes
Community Deve lopment Department
30940 Hawthorne Blvd .
Rancho Palos Verdes. CA 90275
(31 0) 544-5234
September 2, 20 19
Subject: Letter in support of the revised EIR. and in support of the proposed change to the City landslide
moratorium ordinance
Dear members ofthe City Council of Rancho Palos Verdes,
1 write in strong support of having the Rancho Palos Verdes City Council approve the Environmental
Impact Report (EIR) as currently written. and also of having the RPV City Council approve the change to
the City ordinance so as to allow all of the currently-undeveloped lots within •·zone 2" to be developed
under the same rules as are currently in force for the "Monks lots'' within that same Zone 2.
r Jl11 u r~sidc:nt ufRPV. r Ull1 u Ctli1CCrncJ fr·ic:nd nfa PBC llll (1\\ncr
The original ( 1993) document that divided the Portuguese Bend area into geologic zones-written by
geologist Dr. Perry Ehlig-titled Zone 2 as "Subdivided land unaffected by large historic landslides". and
stated that ""The undeveloped lots ... could be developed without adversely affecting the stability of the
large ancient landslide" (emphasis added).
All of these "Zone 2" properties arc already zoned for single-family residences. Normal considerations of
development-density. traffic. and so forth would have been resolved by that previous zoning action.
Additional proof that "Zone 2" development is safe is proven by the empirical fact that since the Monks
decision (and the change to the City code that allowed their development), a number of those lots have been
fully developed with no adverse consequences since then . This indicates that the rules that the City of
Rancho Palos Verdes have established for the Monks lots are adequate to ensure safe development within
D-10
Zone 2. and therefore. T believe that it is fair and equitable that the City allow development under those same
rules for the remaining undeveloped lots within Zone 2.
Therefore. I strongly believe that the RPV City Council should approve the ETR as currently written, and also
to approve the change to the City ordinance so as to allow all of the currently-undeveloped lots within
"Zone 2" to be developed under the same rules as are currently in force for the ••Monks lots,. within that
same Zone 2.
Thank you for considering my opinion on this matter.
Rolf Pfannerer
D-11
To The City Council ofTbe City of Rancho Palos Verdes.
Subject : Suppon for amending the City Landslide Moratorium Ordinance and acceptance of the
proposed revised Environmental Impact Report.
The Portuguese Bend earth movement bas been studied, analyzed. and researched for
decades.
The proposed updated ElR is an exceptionally detailed history of its beginning and the
affect it has bad on property in RPV. An in~epth reading of the experts opinions and
consideration of the facts determined by nationally recognized geologists reveal a consensus of
opinion. Without exception. the scientists and the FACTS show that construction of single family
~aideoces in Zoae 2 would present less than significant concern.
As a proponent of construction and a property owner in Zone 2, I am convinced by both
the passage of time and the FACI'S as they exist. Those individuals opposed to building appear
to base their cooclusioo on emotions, conjecture, and not a liUle bit of self-intefest. Tbey claim
passage of the proposed revised EIR. forebodes ecological disaster. dire cooseqw:nces, future
chaos.
NONE of these predictions are supported by facts.
NONE of these catastrophes bave taken place 8Dd scientists have opined they will not.
NONE of these things occurred when tbe Monks lots were allowed to build homes.
A misquoted but popular phrase from Hamlet aptly strengthens my point '"Me thinks thou
dolt pro1est too much." Suspiciously its beginning to seem that tbe residents wbo already have
boma in Zone 2 want to psaave open space for themselves at the expense of their neighbors'
property rigbbl.
You. as memben ofRPV's Couocil have the opponunity to right a long standing
injustice, however well intended when enacted. Cooler heads. wiser minds should see clearly that
the passage of the proposed. revised EIR and amending the Landslide Moratorium Ordinance
puts to rest this controversy.
Thank you,
Jerry Johnson.
Property Owner Zone 2
D-12
Octavio Silva
From:
Sent:
To:
Jim York <theyorkproperties@gmail.com>
Wednesday, September 04, 2019 5:14 PM
Octavia Silva; Doug Willmore; Ara Mihranian; CC; PC
Subject: Re : Notice of Availability of Draft Environmental Impact Report_ Landslide Moratorium
Revisions
Follow Up Flag:
Flag Status:
Hi Octavia
Follow up
Completed
Thanks for forwarding the Draft EIR for the proposed Zone 2 Landslide Moritorium Revisions. We strongly support
allowing all legal lots in Zone 2 to have single family residences constructed.
We own a lot on Cinnamon Lane where homes have recently been constructed on either side of us. The geological and
other conditions for these lots are identical to ours.
Many of the Zone 2 lot owners have been working for years trying to build homes. Now is the time to revise the
landslide Moritorium to allow construction. Please complete and approve the EIR
Jim York
President, York Capital Group
General Partner, Arizona Land Associates
>On Aug 22, 2019, at 4:30PM, Octavia Silva <OctavioS@rpvca.gov> wrote:
>
>Hello,
>
>The Notice of Availability (NOA) of Draft Environmental Impact Report regarding the proposed Zone 2 landslide
Moratorium Revisions is now available. As an interested party, I have attached a copy of the NOA for your records.
>
> Please feel free to contact me at the information listed below for any further questions.
>
>Thank you,
>
>Octavia Silva
>Senior Planner
>City of Rancho Palos Verdes
>Community Development Department
> 30940 Hawthorne Blvd.
> Rancho Palos Verdes, CA 90275
> www.rpvca.gov<http:/ /www.rpvca.gov>
> octavios@ rpvca .gov<ma ilto :octavios@ rpvca .gov>
> (310) 544-5234
>
><Zone 2_DEIR NOA.pdf>
1
D-13
Octavio Silva
From:
Sent:
To:
mnopperrpv@aol.com
Thursday. September 05, 2019 11:28 AM
Octavia Silva
Subject: Letter in support of the revised EIR, and in support of the proposed change to the City
landslide moratorium ordinance
Magdalena Nopper
41 09 Sea Horse Lane
Rancho Palos Verdes, CA 90275-6058
mnopperrpv@aol .com
To:
Octavia Silva, Senior Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
octavios@rpvca .gov
(310) 544-5234
September 5, 2019
Subject: Letter in support of the revised EIR, and in support of the proposed change to the City
landslide moratorium ordinance
Dear members of the City Council of Rancho Palos Verdes,
I write in strong support of having the Rancho Palos Verdes City Council approve the
Environmental Impact Report (EIR) as currently written, and also of having the RPV City Council
approve the change to the City ordinance so as to allow all of the currently undeveloped lots within
Zone 2 to be developed under the same rules as are currently in force for the "Monks lots" within that
same Zone 2.
I am a resident of RPV, and the Stepmother of Michael and Peter Nopper, who are PBC lot owners.
The original (1993 document that divided the Portuguese Bend area into geologic zones -written by
geologist Dr. Perry Ehlig -titled Zone 2 as "Subdivided land unaffected by large historic landslides",
and stated that "The undeveloped lots ... could be developed without adversely affecting the
stability of the large ancient landslide" (emphasis added).
All of these Zone 2 prope4rties are already zoned for single-family residences. Normal considerations
of development -density, traffic, and so forth, would have been resolved by that previous zoning
action.
Additional proof that Zone 2 development is safe, is proven by the empirical fact, that since the Monks
decision (and the change to the City code that allowed their development), a number of those lots
have been fully developed with no adverse consequences since then. This indicates that the rules
that the City of Rancho Palos Verdes has established for the Monks lots are adequate to
ensure safe development within Zone 2, and therefore I believe, that it is fair and equitable that
1
D-14
the City allow development under those same rules for the remaining undeveloped lots within
Zone 2.
Therefore, I strongly believe that the RPV City Council should approve the EIR as currently written,
and also to approve the change to the City ordinance so as to allow all of the currently undeveloped
lots within "Zone 2" to be developed under the same rules as are currently in force for the "Monks
lots" within that same Zone 2.
Thank you for considering my opinion on this matter _
Magdalena Nopper
2
D-15
Octavio Silva
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Peter Nopper < pnopper@outlook.com >
Sunday, September 08, 2019 11:01 AM
Octavio Silva
Pass the Draft Environmental Impact Report and expansion of exception P
Follow up
Completed
Please accept this letter in support of passing the DEIR.
There is a group of self-serving individuals within the PBC HOA who would like to preserve open space next to their
houses for their own enjoyment. They have been abusing the city and rightful lot owners by forming a lobby to use the
undeveloped lots for their own enjoyment of open space. They have been doing this by making claims of hydraulic,
geologic and traffic issues that are completely unfounded and not backed by any scientific studies.
The true lot owners have not been able to exorcize their property rights due to this abuse. This is unacceptable. Our
family has been trying to build on our property for 10 years and I have the 2009 soils application to prove it. My father
had a stroke right before the 2014 City Council meeting to pass the EIR last time. He was not able to speak in defense of
the city and EIR. He then died three years later never being able to fulfill his dream of building on our lot. Selfish HOA
members of the PBCA robbed him of his dream by overwhelming the 2014 city council meeting to push their agenda.
The city of RPV has now made scientific studies for a second time in this current EIR draft. The studies still conclude it is
perfectly acceptable to build on the 31 undeveloped lots especially when following outlined mitigation measures. Please
do not let selfish neighbors who formed a lobby group coerce you into wasting city money again by not passing the EIR.
That would also be a second injustice to my family since 2014.
Thank you,
Peter Napper
1
D-16
Octavio Silva
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Octavio Silva
Senior Planner
suzanne black < suzannejoyblack@yahoo.com >
Monday, September 09, 2019 12:41 PM
Octavia Silva
Suzanne Grifftih
Revision of Landslide Moratorium Ordinance -Non-Monks Lots
Follow up
Flagged
City of Rancho Palos Verdes, Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
octavios@rpvca.gov
Dear Octavia,
I am a resident and owner of a home located at 13 Fruit Tree Road in
Portuguese Bend. I am also an Owner of a Zone 2 Lot located at 11 Fruit
Tree Road.
I am in favor of approving the DEIR as currently written and revising
subsection P to Section 15.20.040 (Exceptions) of the Landslide
Moratorium Ordinance to apply to all undeveloped lots in Zone 2.
Since the Monk's Appellate decision in 2009, the City has had numerous
meetings, reports, EIRs, and lawsuits. This is the SECOND EIR that was
commissioned by the City of RPV, with the same conclusion: The
development of the remaining undeveloped lots in Zone 2 should be
allowed.
The Monks Plaintiffs have the right to build on their Zone 2 Lots. The
Monk's lots are interspersed among the remaining undeveloped Zone 2
1
D-17
Lots --so what is the difference? It is my understanding that not all Zone
2 Lot Owners want to build. Some Lot owners want to preserve the open
land and not have any development-that is their right as property
owners. All Lot owners should have the right to develop or not develop
their property as they wish within the confines of the law and this second
DEIR supports that conclusion.
There will be many people who are opposed to this proposed
revision. Please look beyond the emotional outcry and focus on the facts,
take the advice of your experts/consultants, and follow the law.
Please move forward with the revision to allow the Landslide Moratorium
Ordinance to apply to all undeveloped lots in Zone 2.
Thank you for your attention. Please confirm your receipt of this email.
Sincerely,
Suzanne Black Griffith, Esq.
2 D-18
Dear Octavia,
It is with great sadness that I write this letter concerning the DEIR as it is with great sadness to
learn the potential of developing further zone 2.
As you know we have been the most impacted by Mr. York's property but it will be the whole
neighborhood on this project.
I can carry on with my woes but will be more direct with my questions. This neighborhood is an
old neighborhood going forward with new homes, infrastructures, and ideas. We basically have
one way in, one way out. How does the city look at safety and the abilities to fight fires? Does
Mr. York's road come into effect of being able to get equipment into place should a fire or some
kind of emergency take place? Will rules of the neighborhood be monitored and policed?
Example, people park on the streets and on side areas that are just space?With Portuguese
Bend people have been very relaxed with living amongst each other but with more people and
development comes congestion, traffic, issues. Will zone 2 just open at once or will there be
like a lottery on who gets to build first and time frame in which to complete their building?
What is the expected time frame on when this will start?
Your time on this subject is greatly appreciated.
Respectfully,
Ellen Wright 9/9/2019
D-19
Octavio Silva
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Octavio Silva, Senior Planner
Mike Griffith <mikegrif@aol.com>
Monday, September 09, 2019 5:32PM
Octavia Silva
Zone 2 Lots Approval; Section 15 .20.040 (P) Letter of Support to Revise
Follow up
Flagged
City of Rancho Palos Verdes, Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Dear Octavia,
I am a resident, with my wife, at 13 Fruit Tree Road in Portuguese Bend. I am also an Owner of a Zone 2 Lot
located at ll Fruit Tree Road next door to our home.
I am in favor of approving the DEIR as currently written and revising subsection P to Section 15.20.040
(Exceptions) of the Landslide Moratorium Ordinance to apply to all undeveloped lots in Zone 2.
Since the Monk's Appellate decision in 2009, the City has undertaken numerous meetings, reports, EIRs, and
lawsuits regarding this issue. This is the SECOND EIR that was commissioned by the City ofRPV, with the
same conclusion: The development of the remaining undeveloped lots in Zone 2 should be allowed.
The Monks Plaintiffs have the right to build on their Zone 2 Lots. The Monk's lots are interspersed among the
remaining undeveloped Zone 2 Lots--so little argument can be made for a different mling. I understand that
not all Zone 2 Lot Owners want to build. Some Lot owners wish to preserve the open land and not have any
development-that is their right as property owners, but not a consensus of all property owners. All Lot owners
deserve the right to develop or not develop their private property as they wish within the confines of the law and
this second DEIR paid for by the city and it supports this conclusion .
While there may be other residents with differing opinion. please look beyond the emotional outcry and focus
on the facts. I urge you and the appropriate governmental bodies to take the advice of your own paid
experts/consultants, and follow the law to approve the ability to develop the above referenced lots at each
owner's choosing.
Please move forward with the revision to allow the Landslide Moratorium Ordinance to apply to all
undeveloped lots in Zone 2.
Thank you for your attention . Please confirm your receipt of this email.
Sincerely,
Mike Griffith
1
D-20
13 Fruit Tree Road
Rancho Palos Verdes, CA 90275
2 D-21
Octavio Silva
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Octavia Silva
Senior Planner
Marlene Black <marlenecblack@gmail.com>
Tuesday, September 10, 2019 12 :29 AM
Octavia Silva
Proposed Revisions to Landslide Moratori um Ordinance
Follow up
Flagged
City of Rancho Palos Verdes, Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
octavios@ rpvca .gov
Mr. S ilva,
I am a homeowner at 13 Fruit Tree Road in Rancho Palos Verdes.
I am in favor of moving forward with the proposed DEIR recommendations. Given the Monks ruling, it
is only fair and just to revise the ordinance so that it applies to all undeveloped lots in Zone 2. They
are all surrounded by each other so its unclear as to why one is being treated differently from the
other.
Please move forward with the revision to allow the Landslide Moratorium Ordinance to apply to all
undeveloped lots in Zone 2.
Thank you .
Marlene C . Black
1 D-22
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
dend rochick@aol.com
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