CC SR 20200317 07 - Landslide Exception U (48 Cinnamon Lane)
CITY COUNCIL MEETING DATE: 03/17/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to amend Exception Category ‘U’ of the City’s
Landslide Moratorium Ordinance to clarify the allowable development on 48 Cinnamon
Lane
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 15.20.040 (EXCEPTIONS) OF THE
CITY’S LANDSLIDE MORATORIUM ORDINANCE TO ALLOW RESIDENTIAL
DEVELOPMENT ON 48 CINNAMON LANE ON THE SAME TERMS AS
DEVELOPMENT ASSOCIATED WITH EXCEPTION CATEGORY ‘P2’.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Associate Planner
REVIEWED BY: Terry Rodrigue, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No.__ (page A-1)
B. Ordinance No. 108U (page B-1)
C. Ordinance No. 498 and 501U (page C-1)
D. City Council Resolution No. 2019-62 (page D-1)
E. Ordinance No. 631 (page E-1)
F. Ordinance No. 597 (page F-1)
G. Settlement Agreement (page G-1)
BACKGROUND AND DISCUSSION:
In September 1978, the City Council adopted Urgency Ordinance No. 108U
(Attachment B), which established the Landslide Moratorium Area (LMA) in and around
the Portuguese Bend landslide area to regulate development activities due to potential
1
unstable soil conditions and active landslide movement. In general, development has
been and continues to be strictly limited within the LMA unless an applicable Landslide
Moratorium Exception (LME) Category is granted. In addition, LME Categories have
been created over the years to allow for specific residential development within the
LMA.
Residential Development in Zone 2 of the City’s LMA
In September and December 2009, Ordinance No. 498 and 501U (Attachment C),
respectively, were adopted by the City Council, amending Section 15.20.040
(Exceptions) of the Rancho Palos Verdes Municipal Code (RPVMC) to create Exception
Category ‘P’ to allow the construction of new single-family residences on 16 vacant lots
(also known as the 16 Monks plaintiffs’ lots) within Zone 2 of the LMA. More specifically,
Exception Category ‘P’ allows for the following development:
Construction of residential buildings and accessory structures
On-site grading totaling less than 1,000 cubic yards of combined cut and fill with
no more than 50 cubic yards of imported fill
In November 2019, the City Council adopted Resolution No. 2019-62 (Attachment D)
and Ordinance No. 631 (Attachment E), certifying an updated Final Environmental
Impact Report (FEIR) and associated revisions to Section 15.20.040 (Exceptions) of the
RPVMC to amend Exception Category 'P' to allow for the future submittal of LME
applications for the residential development of an additional 31 undeveloped lots in
Zone 2 of the City's LMA. The purpose of the code amendment was to allow the
property owners of the 31 undeveloped lots in Zone 2 to develop their properties on the
same terms as the 16 Monks plaintiffs’ lots. As a result of the code amendment, LME
Category ‘P’ was further categorized into subparagraphs ‘P1’ for development of the 16
Monks plaintiffs’ lots and ‘P2’ for the development of the remaining 31 undeveloped lots
in Zone 2.
Residential Development on 48 Cinnamon Lane
In August 2017, the City Council adopted Ordinance No. 597 (Attachment F), amending
Section 15.20.040 (Exceptions) of the RPVMC to establish Exception Category ‘U’ to
allow for the residential development of one of the 31 undeveloped lots within Zone 2 of
the LMA at 48 Cinnamon Lane. The code amendment was in part required as a result of
a Settlement Agreement (Attachment G) between the City and the property owner of 40
Cherryhill Lane. Exception Category ‘U’ allows for the development of a 1,917-square-
foot replacement home and a 600-square-foot detached garage on the undeveloped lot
in Zone 2 in lieu of residential improvements on 40 Cherryhill Lane (Case No.
ZON2016-00401).
On December 12, 2017, the Planning Commission adopted P.C. Resolution No. 2017-
47 certifying the Mitigated Negative Declaration and adopted P.C. Resolution No. 2017-
48, approving a Site Plan Review and Minor Grading Permit for the placement of a new
2
manufactured residence, detached garage, water storage tank, and 50yd³ of grading at
48 Cinnamon Lane, and on May 2, 2019, the Certificate of Occupancy was issued for
the new residence and ancillary improvements.
Proposed Code Amendment
Exception Category ‘P2’ does not expressly include 48 Cinnamon Lane. However,
Exception Category ‘P2’ is intended to guide further development in Zone 2 of the LMA
subject to a uniform set of conditions. Therefore, Staff proposes to amend Exception
Category ‘U’ of the City’s Landslide Moratorium Ordinance to be consistent with the
recently adopted provisions in Exception Category ‘P2’.
The proposed amendment to LME Category ‘U’ is provided below (deleted text in
strikethrough and new text in bold underline).
U. The construction of single-story residential buildings with a maximum
height of 16 feet, 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 feet, as measured pursuant to Section
17.48.050(D) of the Rancho Palos Verdes Municipal Code with a maximum
lot coverage of 25% for the RS-2 zoned lot 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 residential buildings, garages and
accessory structures up to 2,800 square feet in total size at 48 Cinnamon Lane
(Tract 14195 Lot 12), 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 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). Minor
projects involving the construction of an enclosed permanent detached
accessory structure shall include a requirement that a use restriction covenant,
in a form acceptable to the city that prevents the enclosed permanent detached
accessory structure from being used as a separate dwelling unit is recorded
with the Los Angeles County Registrar-Recorder. Such covenant shall be
submitted to the director prior to the issuance of a building permit. 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 approvalissuance of a
landslide moratorium exception permit for such minor projects, the applicant
shall submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation.
If adopted, the proposed amendment will allow 48 Cinnamon Lane to build a larger
home and accessory structures than before, including a detached accessory dwelling
3
unit, but subject to the same comprehensive list of mitigation measures of the FEIR, as
well as applicable building, housing, zoning, and site development standards, codes
and regulations of the RPVMC.
Environmental Assessment
The proposed code amendment to Section 15.20.040 of the RPVMC is a project under
the California Environmental Quality Act (CEQA), and its impacts and mitigation
measures were analyzed in the FEIR certified concurrently with the adoption of
Exception Category ‘P2.’
48 Cinnamon Lane was among the 31 undeveloped lots in Zone 2 since the EIR
process commenced in 2009, in an effort to expand the LME Category ‘P’ beyond the
16 Monks plaintiffs’ lots. As such, the environmental review and analysis on the impacts
of development for the 31 undeveloped lots in Zone 2 included 48 Cinnamon Lane in
the certified FEIR. Therefore, the same development criteria and mitigation measures
specified in the certified FEIR for LME Category ‘P2’ will be applied to all improvements
proposed on 48 Cinnamon Lane upon the adoption of this ordinance.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify specific changes to the proposed code amendment and continue
the consideration of this ordinance for reintroduction at a future meeting.
2. Take no action on the proposed ordinance at this time.
4
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 15.20.040 (EXCEPTIONS) OF THE CITY’S
LANDSLIDE MORATORIUM ORDINANCE TO ALLOW RESIDENTIAL
DEVELOPMENT ON 48 CINNAMON LANE ON THE SAME TERMS AS
DEVELOPMENT ASSOCIATED WITH EXCEPTION CATEGORY ‘P2’.
WHEREAS, in September 1978, the City Council adopted Urgency Ordinance No.
108U, which established the Landslide Moratorium Area (LMA) in and around the
Portuguese Bend landslide area to regulate development activities due to potential
unstable soil conditions and active landslide movement ;
WHEREAS, development within the LMA has been and continues to be strictly
limited unless an applicable Landslide Moratorium Exception (LME) Category is granted
or an additional LME Category is created to address the limitations of the LMA;
WHEREAS, in September and December 2009, Ordinance No. 498 and 501U were
adopted, respectively, amending Section 15.20.040 (Exceptions) of the RPVMC to create
a new LME Category ‘P’ to allow the construction of new single -family residences on 16
undeveloped lots (also known as the 16 Monks plaintiffs’ lots) within Zone 2 of the LMA;
WHEREAS, in November 2019, the City Council certified a Final Environmental
Impact Report (FEIR) for the Zone 2 Landslide Moratorium Ordinance and adopted
Ordinance No. 631 amending Exception Category 'P' of Section 15.20.040 (Exceptions)
of RPVMC to allow for the future residential development of 31 undeveloped lots in Zone
2 of the LMA. As a result, the LME Category ‘P’ has been further categorized into
subparagraphs ‘P1’ for the 16 Monks plaintiffs’ lots and ‘P2’ for the remaining 31
undeveloped lots in Zone 2;
WHEREAS, in August 2017, the City Council adopted Ordinance No. 597,
amending Section 15.20.040 (Exceptions) of the RPVMC as a result of a Settlement
Agreement between the City and the property owner of 40 Cherryhill Lane, who also
owned a vacant lot within Zone 2 at 48 Cinnamon Lane. The Exception Category ‘U’ was
established to allow for the development of a 1,917-square-foot replacement home and
a 600-square-foot detached garage on the undeveloped lot in Zone 2 in lieu of residential
improvements on 40 Cherryhill Lane. On May 2, 2019, the Certificate of Occupancy was
issued for the new residence and ancillary improvements with 50 cubic yards of
associated grading at 48 Cinnamon Lane;
WHEREAS, 48 Cinnamon Lane was among the 31 undeveloped lots in Zone 2
since the EIR process commenced in 2009, in an effort to expand the LME Category ‘P’
beyond the 16 Monks plaintiffs’ lots. As such, the environmental review and analysis on
the impacts of development for the 31 undeveloped lots in Zone 2 included 48 Cinnamon
Lane in the certified FEIR. Therefore, the same development criteria and mitigation
A-1
Ordinance No. ___
Page 2 of 6
measures specified in the certified FEIR for LME Category ‘P2’ will be applied to all
improvements proposed on 48 Cinnamon Lane upon the adoption of this ordinance;
WHEREAS, the proposed code amendment to Section 15.20.040 of the RPVMC is
a project under from the California Environmental Quality Act (“CEQA”), and its impacts
and mitigation measures were analyzed in the certified FEIR;
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, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the proposed
amendment 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 Exception Category ‘P2’ does not expressly
include 48 Cinnamon Lane; however, Exception Category ‘P2’ is intended to guide further
development in Zone 2 of the LMA subject to a uniform set of conditions.
Section 3: The City Council proposes to amend Exception Category ‘U’ of the
City’s Landslide Moratorium Ordinance to be consistent with the recently adopted
provisions in Exception Category ‘P2’, which is to read as follows (deleted text in
strikethrough and new text in bold underline):
U. The construction of single-story residential buildings with a maximum
height of 16 feet, 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 feet, as measured pursuant to Section
17.48.050(D) of the Rancho Palos Verdes Municipal Code with a maximum
lot coverage of 25% for the RS-2 zoned lot 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 residential buildings, garages and
accessory structures up to 2,800 square feet in total size at 48 Cinnamon Lane
(Tract 14195 Lot 12), 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 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). Minor
projects involving the construction of an enclosed permanent detached
accessory structure shall include a requirement that a use restriction covenant,
in a form acceptable to the city that prevents the enclosed permanent detached
accessory structure from being used as a separate dwelling unit is recorded
with the Los Angeles County Registrar-Recorder. Such covenant shall be
A-2
Ordinance No. ___
Page 3 of 6
submitted to the director prior to the issuance of a buildin g permit. 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 approvalissuance of a
landslide moratorium exception permit for such minor projects, the applicant
shall submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation.
Section 5: Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, 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 6: Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in 3 public places in the City within 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 7: Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
Section 8: After the effective date of this Ordinance, it shall apply to all
subsequent development applications for 48 Cinnamon Lane submitted on or after the
effective date of this Ordinance.
PASSED, APPROVED and ADOPTED this __ day of April 2020.
_________________________________
Mayor
ATTEST:
A-3
Ordinance No. ___
Page 4 of 6
____________________________
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 March 17, 2020, was duly and
regularly adopted by the City Council of said City at a regular me eting thereof held on
_____________, 2020, and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
City Clerk
A-4
ORDINANCE NO. 108 U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, ESTABLISHING A
MORATORIUM ON CERTAIN PERMITS, ON THE
PROCESSING OR APPROVAL OF TENTATIVE MAPS,
OR PARCEL MAPS IN CERTAIN AREAS OF THE
CITY AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Rancho Palos Verdes hereby declares a moratorium
on the issuance of building, grading or other permits and in the processing or
approval of Environmental Assessments, Environmental Impact Reports, Conditional
Use Permits, tentative maps or parcel maps in that area of the City identified as
the "Landslide Moratorium" area as outlined in red on the "Landslide Moratorium Map"
on file in the office of the Director of Planning of the City.
SECTION 2. Notwithstanding any other ordinance or code of the City of
Rancho Palos Verdes, no building permit, grading permit or other permit for new
construction shall be issued and no Environmental Assessment, Environmental Impact
Report, Conditional Use Permit, tentative map or parcel map for the subdivision of
land shall be accepted for filing, processed or approved as to any property located
in that portion of the City of Rancho Palos Verdes outlined in red upon that
certain map known and designated as the "Landslide Moratorium Map" on file in the
office of the Director of Planning of said City and incorporated herein by reference.
SECTION 3. Any building or grading permit or other permit for new
construction in the Landslide Moratorium Area which has been previously granted
by the City but which has not been acted upon in substantial reliance by the
holder thereof is hereby revoked.
SECTION 4. The moratorium or limitation provided for in Sections 2
and 3 hereof shall not be applicable to any of the following:
a) Repairs or renovation of existing structures or facilities
which do not increase the land coverage of those facilities or -add to the
water usage of those facilities.
b) Reconstruction of an existing building or structure
where a portion not to exceed fifty percent (50%) of the value thereof
has been damaged or destroyed by fire or other casualty.
c) Permits for previously existing structures.
d) City directed Environmental Assessment and
Environmental Impact Report.
e) Any City approved project to mitigate the
potential for landslide.
Nothing contained in this section shall exempt or except
the proposed construction or use from any requirement or regulation
of the Building Code, Zoning Ordinance or other ordinance of the
Rancho Palos Verdes Municipal Code.
SECTION 5. It has recently come to the attention of the City Council
that the land identified in the Landslide Moratorium Map which was previously
thought to be stable may in fact be susceptible to or experiencing current
landslide movement. In order to protect the public health, safety and welfare
it is necessary for the City of Rancho Palos Verdes to conduct extensive
geological studies to determine the stability of the land in question and to
determine what remedial measures, if any, the City can take to protect residents
of the community. Until such geological studies are completed and evaluated
it cannot be determined whether grading and new construction in the Landslide
Moratorium Area will adversely impact the stability of said area. This ordinance
is therefore necessary for the immediate preservation of the public peace,
health, safety and welfare and shall take effect immediately upon adoption
as an urgency ordinance.
B-1
PASSED, APPROVED AND ADOPTED this 5th day of September, 1978,
by the following vote:
AYES: RYAN, SHAW, HEIN, AND MAYOR DYDA
NOES: BUERK
ABSENT:
r
7MAYOR
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
410' •
D TY cit CLERK
I HEREBY CERTIFY that the foregoing is a true and correct copy
of Ordinance No. 108 U approved and adopted by the City Council of the
City of Rancho Palos Verdes at a meeting thereof held on the 5th day of September, 1978.
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
L
k DEPUTY C % CLERK
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CITY of
atte 0 a of\ in t. eciPhci)sict.L.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES
The undersigned, being first duly sworn, deposes and
says:
That at all times herein mentioned, he/she was and now is
the duly qualified and acting Deputy City Clerk of the City of
Rancho Palos Verdes, California:
That on the 7th day of Sept 1978 he/she caused to be
posted in three conspicuous places, Emergency Ordinance No. 108 U,
as required by law, a copy of which is attached hereto in the- foll 'nowi gpublicplacesintheCity:
1. City Hall
Rancho Palos Verdes
California
2. Los Angeles County Fire Department,
Miraleste Station
4000 Miraleste Plaza
Rancho Palos Verdes
California
3. Ridgecrest Intermediate School
28915 Northbay Road
Rancho Palos Verdes
California
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting.
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
ill . I
PkPUTY k City Clerk
Ii
B-4
ORDINANCE NO. 498
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW FOR
THE FUTURE DEVELOPMENT OF THE SIXTEEN (16) MONKS
PLAINTIFFS' UNDEVELOPED LOTS IN ZONE 2.
WHEREAS, on December 17, 2008, the California Supreme Court denied the
City's petition for review in the case of Monks v. City of Rancho Palos Verdes, so the
City Council must consider the actions that are necessary to comply with the Court of
Appeal's decision; and,
WHEREAS, on January 21, 2009, the City Council adopted Resolution
No. 2009-06 repealing Resolution No. 2002-43, which had required property owners in
Zone 2 to establish a 1.5:1 factor of safety before they could develop their lots and was
the purported catalyst for the filing of the Monks lawsuit; and,
WHEREAS, next action necessary to comply wit the Court of Appeal's decision
is to enact revisions to the current Moratorium Ordinance to allow the development of
the Monks plaintiffs' sixteen (16) undeveloped lots in Zone 2; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA
Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study
and determined that, by incorporating mitigation measures into the Negative
Declaration, there is no substantial evidence that the approval of Planning Case No.
ZON2009-00007 would result in a significant adverse effect on the environment.
Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for
public review for thirty (30) days between August 10, 2009 and September 9, 2009, and
notice of that fact was given in the manner required by law; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the City Council conducted a public hearing on September 1,
2009, and September 15, 2009, at which time all interested parties were given an
opportunity to be heard and present evidence regarding the proposed revisions to
Chapter 15.20 as set forth in the City Council Staff reports of those dates; and,
WHEREAS, at its September 15, 2009, meeting, after hearing public testimony,
the City Council adopted Resolution No. 2009-72 making certain findings related to the
requirements of the California Environmental Quality Act (CEQA) and adopting a
Mitigation Monitoring Program and Mitigated Negative Declaration for the proposed
project.
C-1
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 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the amendments to Chapter 15.20 of
Title 15 of the Municipal Code are consistent with the Rancho Palos Verdes General
Plan in that they uphold, and do not hinder, the goals and policies of those plans, in
particular to balance the rights of owners of undeveloped properties within the
Landslide Moratorium Area to make reasonable use of their properties while limiting the
potential impacts resulting from such use upon landslide movement, soil stability and
public safety within and adjacent to the Landslide Moratorium Area.
Section 3: The City Council further finds that the amendments to Chapter
15.20 of Title 15 of the Municipal Code are consistent Court of Appeal's decision in
Monks v. City of Rancho Palos Verdes in that they will allow the potential future
development of the sixteen (16) Monks plaintiffs' undeveloped lots within Zone 2 of the
Landslide Moratorium Area with new, single-family residences, thereby achieving parity
with the rights enjoyed by the owners of the developed 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 of Title 15 of the Municipal Code would result in
significant environmental effects or a substantial increase in the severity of such effects.
The City Council considered the Mitigated Negative Declaration prior to making its
decision regarding the code amendments contemplated herein.
Section 5: The City Council further finds that the amendments to Chapter
15.20 of Title 15 of the 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 of Chapter 15.20 of
Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows:
The moratorium shall not be applicable to any of the following:
A. Maintenance of existing structures or facilities which do not increase the land
coverage of those facilities or add to the water usage of those facilities;
B. Replacement, repair or restoration of a residential building or structure which has
been damaged or destroyed due to one of the following hazards, provided that a
landslide moratorium exception permit is approved by the director, and provided
that the project complies with the criteria set forth in Section 15.20.050 of this
chapter:
1. A Geologic Hazard. Such structure may be replaced, repaired or restored
to original condition; provided, that such construction shall be limited to
Ordinance No. 498
Page 2 of 10
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the same square footage and in the same general location on the property
and such construction will not aggravate any hazardous geologic
condition, if a hazardous geologic condition remains. Prior to the approval
of a landslide moratorium exception permit, the applicant shall submit to
the director any geological or geotechnical studies reasonably required by
the city to demonstrate to the satisfaction of the city geotechnical staff that
the proposed project will not aggravate the existing situation. The
applicant shall comply with any requirements imposed by the city's
geotechnical staff and shall substantially repair the geologic condition to
the satisfaction of the city geotechnical staffprior to the issuance of a final
building permit. Upon application to the director, setbacks may conform to
the setbacks listed below:
Minimum Setback Standards
Front Interior side I Street side Rear
20 5 10 15
2. A Hazard Other Than a Geologic Hazard. Such structure may be
replaced, repaired or restored to original condition; provided, that such
construction shall be limited to the same square footage and in the same
general location on the property and such construction will not aggravate
any hazardous condition, if a hazardous condition remains. Prior to the
approval of a landslide moratorium exception permit, the applicant shall
submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing
situation. Upon application to the director, setbacks may conform to the
setbacks listed in subsection (B)(1) of this section;
C. Building permits for existing structures which were constructed prior to October
5, 1978, for which permits were not previously granted, in order to legalize such
structure(s). Such permits may only be granted if the structure is brought into
substantial compliance with the Uniform Building Code;
D. The approval of an environmental assessment or environmental impact report for
a project as to which the city or redevelopment agency is the project applicant;
E. Projects that are to be performed or constructed by the city or by the Rancho
Palos Verdes redevelopment agency to mitigate the potential for landslide or to
otherwise enhance public safety;
Ordinance No. 498
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F. Remedial grading to correct problems caused by landslide or to otherwise
enhance public safety, performed pursuant to a permit issued pursuant to
Section 17.76.040(B)(3) of this Code;
G. Geologic Investigation Permits. Prior to the approval of such a permit, the
applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed investigation will not aggravate the existing
situation;
H. Minor projects on a lot that is in the "landslide moratorium area," as outlined in
red on the landslide moratorium map on file in the director's office, and currently
is developed with a residential structure or other lawfully existing nonresidential
structure and involves an addition to an existing structure, enclosed patio,
conversion of an existing garage to habitable space or construction of a
permanent attached or detached accessory structure and does not exceed a
cumulative project(s) total of one thousand two hundred square feet per parcel;
provided that a landslide moratorium exception permit is approved by the director
and provided that the project complies with the criteria set forth in Section
15.20.050 and does not include any additional plumbing fixtures, unless the lot is
served by a sanitary sewer system. The one thousand two hundred square foot
limitation on cumulative projects that can be approved on a lot pursuant to this
subsection includes the construction of a new garage, which can be approved
pursuant to subsection L of this section. November 5, 2002, is the date that shall
be used for determining the baseline square footage, based upon city and
county building permit records, for purposes of calculating the square footage of
any cumulative project(s) and of any additions that may be constructed pursuant
to this subsection. Minor projects involving the construction of an enclosed
permanent detached accessory structure, which are located in an area that is not
served by a sanitary sewer system, shall include a requirement that a use
restriction covenant, in a form acceptable to the city, that prevents the enclosed
permanent detached accessory structure from being used as a separate dwelling
unit shall be recorded with the Los Angeles County register-recorder. Such
covenant shall be submitted to the director prior to the issuance of a building
permit. Prior to the approval of a landslide moratorium exception permit for such
minor projects, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation;
Construction or installation of temporary minor nonresidential structures which
are no more than three hundred twenty square feet in size, with no plumbing
fixtures and which do not increase water use, may be approved by the director. If
Ordinance No. 498
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the lot is served by a sanitary sewer system, the permit may allow the installation
of plumbing fixtures. All permits shall include a requirement that a use restriction
covenant, in a form acceptable to the city which prevents the structure from
being used for any purpose other than a nonhabitable use, is recorded with the
Los Angeles County registrar-recorder. A minor nonresidential structure is
defined as temporary if the Building Code does not require it to be erected upon
or attached to a fixed, permanent foundation and if, in fact, it will not be erected
upon or attached to such a foundation. Prior to approval of the application, the
applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing
situation;
J.Submittal of a lot-line adjustment application;
K. Minor projects on a lot that is in the "landslide moratorium area," as outlined in
blue on the landslide moratorium map on file in the director's office, and currently
is developed with a residential structure or other lawfully existing nonresidential
structure and involves an addition to an existing structure, enclosed patio,
conversion of an existing garage to habitable space or construction of a
permanent attached or detached accessory structure and does not exceed a
cumulative project(s) total of one thousand two hundred square feet per parcel;
provided that a landslide moratorium exception permit is approved by the director
and provided that the project complies with the criteria set forth in Section
15.20.050 and does not include any additional plumbing fixtures, unless the lot is
served by a sanitary sewer system. The one thousand two hundred square foot
limitation on cumulative projects that can be approved on a lot pursuant to this
subsection includes the construction of a new garage, which can be approved
pursuant to subsection L of this section. November 5, 2002, is the date that shall
be used for determining the baseline square footage, based upon city and
county building permit records, for purposes of calculating the square footage of
any cumulative project(s) and of any additions that may be constructed pursuant
to this subsection. Minor projects involving the construction of an enclosed
permanent detached accessory structure, which are located in an area that is not
served by a sanitary sewer system, shall include a requirement that a use
restriction covenant, in a form acceptable to the city, that prevents the enclosed
permanent detached accessory structure from being used as a separate dwelling
unit shall be recorded with the Los Angeles County register-recorder. Such
covenant shall be submitted to the director prior to the issuance of a building
permit. Prior the approval of a landslide moratorium exception permit for such
minor projects, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
Ordinance No. 498
Page 5 of 10
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satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation;
L.Construction of one attached or detached garage per parcel that does not
exceed an area of six hundred square feet, without windows or any plumbing
fixtures, on a lot that currently is developed with a residential structure or other
lawfully existing nonresidential structure; provided that a landslide moratorium
exception permit is approved by the director, and provided that the project
complies with the criteria set forth in Section 15.20.050. If the lot is served by a
sanitary sewer system, the permit may allow the installation of windows and
plumbing fixtures in the garage. The approval of a landslide moratorium
exception permit for such a project shall be conditioned to require that a use
restriction covenant, in a form acceptable to the city, that prevents the garage
from being used for any purpose other than parking of vehicles and storage of
personal property is recorded with the Los Angeles County registrar-recorder.
Such covenant shall be submitted to the director prior to the issuance of a
building permit. Prior to the approval of a landslide moratorium exception permit
for such garage, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city's geotechnical staff that the proposed project will not
aggravate the existing situation;
M. Submittal of applications for discretionary planning permits for structures or uses
which are ancillary to the primary use of the lot or parcel, where there is no
possibility of any adverse impact upon soil stability. Examples of these types of
applications include special use permits for minor, temporary uses and events;
fence, wall and hedge permits that do not involve grading or the construction of
retaining walls; permits for the keeping of large domestic animals and exotic
animals; conditional use permits for the establishment of a use or activity at or on
an existing structure where no structural modifications are required; and such
other uses, activities and structures that the city geotechnical staff determines to
have no potential for adverse impacts on landslide conditions;
N. Minor projects on those lots which are currently developed with a residential
structure, which do not involve new habitable space, which cannot be used as a
gathering space and viewing area, and which do not constitute lot coverage;
O. Permits issued pursuant to Section 15.20.110 of this chapter to connect existing
structures with functional plumbing fixtures to an operational sewer system;
P. The construction of residential buildings, accessory structures, and minor
grading (as defined in Section 17.76.040.B.1 of the Rancho Palos Verdes
Municipal Code) on the sixteen (16) undeveloped lots in Zone 2 of the "Landslide
Moratorium Area"as outlined in green on the landslide moratorium map on file in
the Director's office, identified as belonging to the plaintiffs in the case "Monks v.
City of Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal.
Ordinance No. 498
Page 6 of 10
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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.
Section 7: Based upon the foregoing, Section 15.20.050 of Chapter 15.20 of
Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows:
Within the landslide moratorium area as identified in Section 15.20.020 of this chapter,
the city shall require that appropriate landslide abatement measures be implemented as
conditions of issuance of any permit issued pursuant to this chapter. With respect to
proposed projects and uses requiring a landslide moratorium exception permit pursuant
to Sections 15.20.040(B), (H), (K), (L) and (P), which must satisfy all of the criteria set
forth in this section, the conditions imposed by the city shall include, but not be limited
to, the following:
A. If lot drainage deficiencies are identified by the director of public works, all such
deficiencies shall be corrected by the applicant.
B. If the project involves additional plumbing fixtures, or additions of habitable
space which exceed two hundred square feet, or could be used as a new
bedroom, bathroom, laundry room or kitchen, and if the lot or parcel is not served
by a sanitary sewer system, septic systems shall be replaced with approved
holding tank systems in which to dispose of on-site waste water. The capacity of
the required holding tank system shall be subject to the review and approval of
the city's building official. For the purposes of this subsection, the addition of a
sink to an existing bathroom, kitchen or laundry room shall not be construed to
be an additional plumbing fixture. For those projects which involve additions of
less than two hundred square feet in total area and which are not to be used as
a new bedroom, bathroom, laundry room or kitchen, the applicant shall submit
for recordation a covenant specifically agreeing that the addition of the habitable
space will not be used for those purposes. Such covenant shall be submitted to
the director for recordation prior to the issuance of a building permit. For lots or
parcels which are to be served by a sanitary sewer system on or after the
effective date of the ordinance codified in this section (July 6, 2000), additional
plumbing fixtures may be permitted and the requirement for a holding tank may
be waived, provided that the lot or parcel is to be connected to the sanitary
sewer system. If a sanitary sewer system is approved and/or under construction
but is not yet operational at the time that a project requiring a landslide
Ordinance No. 498
Page 7 of 10
C-7
moratorium exception permit is approved, the requirement for a holding tank may
be waived, provided that the lot or parcel is required to be connected to the
sanitary sewer system pursuant to Section 15.20.110 of this chapter, or by an
agreement or condition of project approval.
C. Roof runoff from all buildings and structures on the site shall be contained and
directed to the streets or an approved drainage course.
D. If required by the city geotechnical staff, the applicant shall submit a soils report,
and/or a geotechnical report, for the review and approval of the city geotechnical
staff.
E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall
submit for recordation a covenant agreeing to support and participate in existing
or future sewer and/or storm drain assessment districts and any other geological
and geotechnical hazard abatement measures required by the city. Such
covenant shall be submitted to the director prior to the issuance of a building
permit.
F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall
submit for recordation a covenant agreeing to an irrevocable offer to dedicate to
the city a sewer and storm drain easement on the subject property, as well as
any other easement required by the city to mitigate landslide conditions. Such
covenant shall be submitted to the director prior to the issuance of a building
permit.
G. A hold harmless agreement satisfactory to the city attorney promising to defend,
indemnify and hold the city harmless from any claims or damages resulting from
the requested project. Such agreement shall be submitted to the director prior to
the issuance of a building permit.
H. The applicant shall submit for recordation a covenant agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit
further projects on the subject site without first filing an application with the
director pursuant to the terms of this chapter. Such covenant shall be submitted
to the director for recordation prior to the issuance of a building permit.
All landscaping irrigation systems shall be part of a water management system
approved by the director of public works. Irrigation for landscaping shall be
permitted only as necessary to maintain the yard and garden.
J.If the lot or parcel is served by a sanitary sewer system, the sewer lateral that
serves the applicant's property shall be inspected to verify that there are no
cracks, breaks or leaks and, if such deficiencies are present, the sewer lateral
shall be repaired or reconstructed to eliminate them, prior to the issuance of a
building permit for the project that is being approved pursuant to the issuance of
the moratorium exception permit.
Ordinance No. 498
Page 8 of 10
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K. All other necessary permits and approvals required pursuant to this code or any
other applicable statute, law or ordinance shall be obtained.
Section 8: Based on the foregoing, Section 15.20.060 of Chapter 15.20 of
Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows:
A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H), (K),
L) and (P), shall file an application for a landslide moratorium exception permit
with the director. The application shall be signed by the property owner, and
shall include the following:
1. A letter, signed by the property owner, setting forth the reason for request,
as well as a full description of the project;
2.Copies of a site plan, showing accurate lot dimensions; the location,
dimensions, and heights of all existing and proposed structures; the
location of the existing and proposed septic systems and/or holding tank
systems; and the location of the existing and/or proposed sanitary sewer
system, if the site is or will be served by a sanitary sewer system. The
number of copies required shall be determined by the director;
3. Information satisfactory to the city's geotechnical staff (including but not
limited to geological, geotechnical, soils or other reports) reasonably
required by the city to demonstrate that the proposed project will not
aggravate the existing situation;
4. A fee as established by resolution of the city council;
5. If grading is proposed, a grading plan showing the topography of the lot
and all areas of project cut and fill, including a breakdown of the
earthwork quantities.
B. A landslide moratorium exception permit application shall become null and void
if, after submitting the required application to the director, the application is
administratively withdrawn by the director because the application is allowed to
remain incomplete by the applicant for a period which exceeds one hundred
eighty days, or if the application is withdrawn by the applicant.
Section 9: Based on the foregoing, Section 15.20.110 of Chapter 15.20 of
Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows:
Any owner of a lot or parcel within the "landslide moratorium area,"as outlined in red or
green on the landslide moratorium map on file in the director's office, which is
developed with a residential structure or any other structure that contains one or more
operational plumbing fixtures and is served by a sanitary sewer system, as defined in
this chapter, shall connect such structure(s) to the sanitary sewer system within six
months after the commencement of operation of the sanitary sewer system. Either the
director or the director of public works shall determine whether a lot or parcel is served
by a sanitary sewer system, whether a structure contains one or more operational
Ordinance No. 498
Page 9 of 10
C-9
plumbing fixtures, or whether the connection to the sewer system is performed properly,
including, without limitation, removal, or the discontinuation of the use, of any existing
septic system.
Section 10: After the effective date of this Ordinance, it shall apply to all
Landslide Moratorium Exception permits and any subsequent development applications
submitted on or after the effective date of this Ordinance.
Section 11: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF SEPTEMBER 2009.
41111144d4/ Ce
ayor
ATTEST:
4(th_ 1 / /'
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 498 passed first reading on September 1, 2009, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
September 15, 2009, and that the same was passed and adopted by the following roll
call vote:
AYES: Dyda, Long, Stern and Wolowicz
NOES: None
ABSENT: Clark
ABSTAIN: None
i4. Ade.4 /,
City Clerk
Ordinance No. 498
Page 10 of 10
C-10
jill
PALOSRANCHO
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on September 17, 2009, she caused to be posted the following document
entitled: ORDINANCE NO.498,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING AMENDMENTS TO CHAPTER 15.20
MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY
TO ALLOW FOR THE FUTURE DEVELOPMENT OF THE SIXTEEN (16)
MONKS PLAINTIFFS' UNDEVELOPED LOTS IN ZONE 2, a copy of which is
attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
0 I /4 / i
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.498.doc
C-11
ORDINANCE NO. 501U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING FURTHER REVISIONS TO THE LANDSLIDE
MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN EXCEPTION
CATEGORY TO ALLOW FOR THE FUTURE DEVELOPMENT OF THE
SIXTEEN (16) MONKS PLAINTIFFS' LOTS IN ZONE 2 TO INCREASE
THE MAXIMUM PERMITTED QUANTITY OF GRADING PER LOT
FROM LESS THAN 50 CUBIC YARDS TO LESS THAN 1,000 CUBIC
YARDS; AND DECLARING THE URGENCY THEREOF.
WHEREAS, on December 17, 2008, the California Supreme Court denied the
City's petition for review in the case of Monks v. City of Rancho Palos Verdes, so the
City Council must consider the actions that are necessary to comply with the Court of
Appeal's decision; and,
WHEREAS, on January 21, 2009, the City Council adopted Resolution
No. 2009-06 repealing Resolution No. 2002-43, which had required property owners in
Zone 2 to establish a 1.5:1 factor of safety before they could develop their lots and was
the purported catalyst for the filing of the Monks lawsuit; and,
WHEREAS, next action necessary to comply with the Court of Appeal's decision
was to enact revisions to the current Moratorium Ordinance to allow the development of
the Monks plaintiffs' sixteen (16) undeveloped lots in Zone 2; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA
Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study
and determined that, by incorporating mitigation measures into the Negative
Declaration, there is no substantial evidence that the approval of Planning Case No.
ZON2009-00007 would result in a significant adverse effect on the environment.
Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for
public review for thirty (30) days between August 10, 2009 and September 9, 2009, and
notice of that fact was given in the manner required by law; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the City Council conducted a public hearing on September 1,
2009, and September 15, 2009, at which time all interested parties were given an
opportunity to be heard and present evidence regarding the proposed revisions to
Chapter 15.20 as set forth in the City Council Staff reports of those dates; and,
WHEREAS, at its September 15, 2009, meeting, after hearing public testimony,
the City Council adopted Resolution No. 2009-72 making certain findings related to the
C-12
requirements of the California Environmental Quality Act (CEQA) and adopting a
Mitigation Monitoring Program and Mitigated Negative Declaration for the proposed
project; and,
WHEREAS, at its September 15, 2009, meeting, after hearing public testimony,
the City Council adopted Ordinance No. 498 to establish an exception category to allow
for the future development of the sixteen (16) Monks plaintiffs' lots in Zone 2; and,
WHEREAS, Ordinance No. 498 became effective on October 15, 2009; and,
WHEREAS, since the effective date of Ordinance No. 498, three (3) Monks
plaintiffs have filed Landslide Moratorium Exception (LME) applications to develop new
homes on their undeveloped lots, but none of these proposals are consistent with the
grading limitation of less than fifty cubic yards (<50 CY) of grading that was imposed by
Ordinance No. 498; and,
WHEREAS, as a result of discussions between City Staff, the City Attorney, the
Monks plaintiffs' attorneys and their geotechnical consultant, it was agreed that the
most expeditious solution to this conflict was to increase the maximum permitted
quantity of grading associated with each of the Monks plaintiffs' LME applications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the further
amendments to Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the further amendments to Chapter
15.20 of Title 15 of the Municipal Code are consistent with the Rancho Palos Verdes
General Plan in that they uphold, and do not hinder, the goals and policies of those
plans, in particular to balance the rights of owners of undeveloped properties within the
Landslide Moratorium Area to make reasonable use of their properties while limiting the
potential impacts resulting from such use upon landslide movement, soil stability and
public safety within and adjacent to the Landslide Moratorium Area.
Section 3: The City Council further finds that the further amendments to
Chapter 15.20 of Title 15 of the Municipal Code are consistent Court of Appeal's
decision in Monks v. City of Rancho Palos Verdes in that they will allow the potential
future development of the sixteen (16) Monks plaintiffs' undeveloped lots within Zone 2
of the Landslide Moratorium Area with new, single-family residences, thereby achieving
parity with the rights enjoyed by the owners of the developed lots in Zone 2 of the
Landslide Moratorium Area.
Section 4: The City Council further finds, based upon its own independent
review, that there is no substantial evidence that the further amendments to Title 15
would result in new significant environmental effects, or a substantial increase in the
Ordinance No. 501U
Page 2 of 4
C-13
severity of the effects, as previously identified the Mitigated Negative Declaration,
adopted through Resolution No. 2009-72 in conjunction with Ordinance No. 498 for
amendments to Title 15 of the Municipal Code, since the new amendments still provide
regulations that would minimize impacts to properties within the City and the
environment by protecting surrounding properties from the impacts of the potential
future development of the Monks plaintiffs' sixteen (16) undeveloped lots. An
Addendum (No. 1) to the prior Mitigated Negative Declaration has been prepared and is
attached hereto as Exhibit `A'. The City Council hereby finds, based on its own
independent judgment, that the facts stated in the Addendum are true because the
revisions to Title 15 of the Municipal Code will provide for the development on the
Monks plaintiffs' lots in a manner that will have no significant adverse environmental
impacts.
Section 5: The City Council further finds that the amendments to Chapter
15.20 of Title 15 of the Municipal Code are necessary to protect the public health,
safety, and general welfare in the area.
Section 6: Based upon the foregoing, Paragraph P of Section 15.20.040 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to
read as follows:
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
16) undeveloped lots in Zone 2 of the "Landslide Moratorium Area" as outlined
in green on the landslide moratorium map on file in the Director's office, identified
as belonging to the plaintiffs in the case "Monks v. City of Rancho Palos Verdes,
167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist., 2008)'; provided,
that a landslide moratorium exception permit is approved by the Director, and
provided that the project complies with the criteria set forth in Section 15.20.050
of this Chapter. Such projects shall qualify for a landslide moratorium exception
permit only if all applicable requirements of this Code are satisfied, and the
parcel is served by a sanitary 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: In order to protect the public health, safety and welfare it is
necessary for the City of Rancho Palos Verdes to adopt an urgency ordinance to allow
for the future development of the sixteen (16) Monks plaintiffs' lots in Zone 2 to increase
the maximum permitted quantity of grading per lot from less than 50 cubic yards to less
than 1,000 cubic yards. The urgency in this case is that City's processing of the three
3) current Landslide Moratorium Exception (LME) applications by Monks plaintiffs
cannot move forward because the projects cannot be designed to meet both the current
50-cubic-yard grading limitation and the architectural and development standards of the
Ordinance No. 501U
Page 3 of 4
C-14
Portuguese Bend Community Association. Furthermore, the parties in the Monks case
are next scheduled to appear before the judge for a status conference on the adjudication
of damages on January 29, 2010, with a trial date set for February 9, 2010. In order to
demonstrate to the court that the City continues to make a good-faith effort to process the
Monks plaintiffs' LME applications timely, it is imperative for the proposed revisions to
Ordinance No. 498 to be effective as soon as possible. Therefore, this ordinance is
necessary for the public health, safety and welfare and shall take effect immediately
upon adoption as an Urgency Ordinance.
Section 8: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF DECEMBER 2009.
c _Ail •
Mayor
ATTEST:
Of6L64A--
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES )
I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City is five;
that the foregoing Ordinance No. 501U was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on December 15, 2009, and that
the same was passed and adopted by the following roll call vote:
AYES: Campbell, Misetich, Stern, Long and Wolowicz
NOES: None
ABSENT: None
ABSTAIN: None
4 '1
CITY CLERK
Ordinance No. 501U
Page 4 of 4
C-15
ORDINANCE NO. 501U — EXHIBIT `A'
ADDENDUM NO. 1 TO MITIGATED NEGATIVE DECLARATION
DECEMBER 15, 2009
Project Background: On September 15, 2009, the City Council adopted
Resolution No. 2009-72, thereby adopting a Mitigated Negative Declaration for
amendment to Title 15 of the City's Municipal Code (Ordinance No. 498). Prior to
its adoption, the Mitigated Negative Declaration was circulated for public
comment from August 10, 2009, through September 9, 2009. In adopting the
Mitigated Negative Declaration, the City Council found that: 1) the Mitigated
Negative Declaration was prepared in the manner required by law and that there
was no substantial evidence that, with appropriate mitigation measures, the
approval of the proposed Zone 2 Landslide Moratorium Ordinance Revisions
Planning Case No. ZON2009-00007) would result in a significant adverse effect
upon the environment; 2) that the Zone 2 Landslide Moratorium Ordinance
Revisions were consistent with the,Rancho Palos Verdes General Plan and with
the underlying Residential, <1 DU/acre and Residential, 1-2 DU/acre land use
designations within Zone 2; and 3) that with the appropriate mitigation measures,
which require Neighborhood Compatibility Analysis for new residences;
limitations on exterior illumination; imposition of City and regional restrictions
upon fugitive dust control and construction vehicle emissions; preparation of
biological surveys for properties identified as containing sensitive vegetation
communities; protection of cultural resources during grading operations;
completion of geotechnical analysis of any proposed grading and construction
prior to building permit issuance; imposition of fire protection requirements upon
the construction of all new structures in accordance with the City's most recently-
adopted Building Code; control and treatment of site runoff both during and after
construction; limitations on construction hours and haul routes; and connection of
all new structures to the Abalone Cove Sewer System, the Zone 2 Landslide
Moratorium Ordinance Revisions would not have a significant impact on the
environment.
Proposed Amendments: The City Council is currently reviewing further
amendments to Title 15 that would increase the permissible quantity of grading
associated with the future development of each of the Monks plaintiffs lots in
Zone 2 from less than fifty cubic yards (i.e., "minor grading") to less than one
thousand cubic yards. The proposed amendments are intended to facilitate the
timely review and approval of the development of new homes on the Monks
plaintiffs' lots, while continuing to balance the impacts of said development upon
the surrounding community with the potentially significant adverse financial
impacts to the City as a whole if this development is not permitted to occur, as
required by the Court of Appeal.
Purpose: This Addendum to the previously adopted Mitigated Negative
C-16
Declaration is being prepared pursuant to Section 15164 of the California
Environmental Quality Act (CEQA) Guidelines which allows for the lead agency
to prepare an addendum to an adopted negative declaration if only minor
technical changes or additions are necessary or none of the conditions described
in Section 15162 calling for the preparation of a subsequent EIR or negative
declaration have occurred. Pursuant to CEQA Section 15162, no subsequent
negative declaration shall be prepared for the project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record,
one or more of the following:
1) Substantial changes are proposed in the project that will require major
revisions of the previous negative declaration due to the involvement of
new, significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which
the project is undertaken which will require major revisions of the previous
negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects; or,
3) New information of substantial importance identifies one or more
significant effects not discussed in the previous negative declaration,
significant effects previously examined will be substantially more severe
than shown in the previous negative declaration, mitigation measures or
alternatives previously found not to be feasible or not analyzed in the
negative declaration would be feasible and would substantially reduce one
or more significant effects but the project proponents decline to adopt of
the measure or alternative.
FINDINGS ON REGARDING THE PROPOSED PROJECT REVISIONS:
1. Staff analyzed the proposed revisions to determine if any impacts would
result from the proposed changes allowing an increase in the maximum
permitted quantity of grading per lot from less than 50 cubic yards to less
than 1,000 cubic yards. This analysis included review of the proposed
revisions by the City Geologist. The City Council has independently
reviewed this item and has determined that, pursuant to CEQA Guidelines
Section 15162, a new Mitigated Negative Declaration is not required for
this revision because the proposed amendments will not result in any new
significant environmental effects:
a) The proposed revisions do not result in any new significant
environmental effects and, like Ordinance No. 498, no
unmitigatable significant impacts have been identified. The
increase in allowable grading does not present new significant
environmental impacts because it still only allows for the future
development of each of the Monks plaintiffs' lots with a single-
Ordinance No. 501U
Exhibit A
Page 2of3
C-17
family residence, in a manner that is consistent with the
development standards established by the Portuguese Bend
Community Association. Furthermore, the City Geologist
determined that the proposed revisions do not present any new
significant unmitigatable impacts. Therefore, the proposed
revisions do not represent a substantial change in the project, and
will not result in new significant environmental impacts or a
substantial increase in the severity of any impacts.
b) The proposed revisions will not result in any significant
environmental impacts, and the circumstances under which the
project is being undertaken have not substantially changed since
the CEQA determination was made for Ordinance No. 498. The
scope of allowable development (a single-family residence on each
of the sixteen (16) lots) remains the same, and there are no
changes with respect to the circumstances under which the
revisions are undertaken that will require major revisions of the
previous Mitigated Negative Declaration.
c) No new information of substantial importance, which was not
known and could not have been known with the exercise of
reasonable diligence at the time the prior Mitigated Negative
Declaration was adopted, identifies a significant environmental
effect. Because the proposed revisions would not result in any new
or more severe environmental impacts that those associated with
Ordinance No. 498, there is no need for new or substantially
modified mitigation measures.
Therefore, pursuant to CEQA, the City Council finds that no further
environmental review is necessary other than the City Council's adoption of this
Addendum No. 1
oc
Ordinance No. 501U
Exhibit A
Page 3of3
C-18
O
Aj!
AN C H PALOS VERDES
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on December 17, 2009, she caused to be posted the following document
entitled: ORDINANCE NO. 501U, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADOPTING FURTHER REVISIONS TO THE
LANDSLIDE MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN
EXCEPTION CATEGORY TO ALLOW FOR THE FUTURE DEVELOPMENT
OF THE SIXTEEN (16) MONKS PLAINTIFFS' LOTS IN ZONE 2 TO
INCREASE THE MAXIMUM PERMITTED QUANTITY OF GRADING PER
LOT FROM LESS THAN 50 CUBIC YARDS TO LESS THAN 1,000 CUBIC
YARDS; AND DECLARING THE URGENCY THEREOF, a copy of which is
attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
gag _CAPeciefizA
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.501 U.doc
C-19
RESOLUTION NO. 2019-62
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 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,
D-1
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 on 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 31 undeveloped 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 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 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
listsery message system for this project, and posted citywide on the City's Nextdoor social
01203 0023/614135 1 Resolution No. 2019-62
Page 2 of 5 D-2
media page. The notice also informed the public that a public hearing was scheduled with
111 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 provided 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
01203 0023/614135 1 Resolution No 2019-62
Page 3 of 5 D-3
insignificance to the degree feasible, but that even after mitigation, these impacts remain
significant.111
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.
01203 0023/614135 1 Resolution No. 2019-62
Page 4 of 5 D-4
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.
PASSED, APPROVED, AND ADOPTED this 19th day of November 2019.
mg& U
III ayor
A ` T:
AIM
tY 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. 2019-62, was duly and regularly passed and adopted by
the said City Council at a regular meeting th- .eof held on November 19, 2019.
lorw
w4I erk
01203 0023/614135 1 Resolution No. 2019-62
Page 5 of 5 D-5
CITY OF RANCHO PALOS VERDES CITY COUNCIL RESOLUTION NO. 2019-62
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
D-6
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Facts, Findings and Statement of Overriding Considerations
City of Rancho Palos Verdes
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
D-7
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Facts, Findings and Statement of Overriding Considerations
City of Rancho Palos Verdes
Resolution No. 2019-62 Exhibit A
1
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.
D-8
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Facts, Findings and Statement of Overriding Considerations
City of Rancho Palos Verdes
Resolution No. 2019-62 Exhibit A
2
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.
D-9
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Facts, Findings and Statement of Overriding Considerations
City of Rancho Palos Verdes
Resolution No. 2019-62 Exhibit A
3
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
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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Monks plaintiffs’ lots. This would allow for the future submittal of LMEs for all undeveloped
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 eitherundeveloped 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 upto 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 loss, injury, or
death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
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Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial
evidence of a known fault?
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 atthe 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.
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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?
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?
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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
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.
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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
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
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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:
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?
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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:
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 ofup 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:
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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?
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 andDemand. 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
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temporary in nature and would not exceed existing thresholds. Therefore,
impacts would be less than significant.
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
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will be subject to the requirements of Section 17.02.040 of the RPVMC. 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.
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
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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.
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
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visible location at the construction site and must be maintained
throughout the construction process. All notices and the signs must
indicate the dates and duration of construction activities, as well as
provide a telephone number where residents can inquire about the
construction process and register complaints.
Visible dust beyond the property line emanating from the project must be
prevented to the maximum extent feasible.
These control techniques must be indicated in project specifications.
Compliance with the measure shall be subject to periodic site inspections
by the City.
AQ-1(b) Construction Vehicles. Trucks and other construction vehicles shall
not park, queue and/or idle at the construction sites or in the
adjoining public or private rights-of-way before 7:00 AM Monday
through Friday and before 9:00 AM on Saturday, in accordance with
the permitted hours of construction stated in Section 17.56.020.B of the
RPVMC.
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
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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.
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.
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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
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.
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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
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.
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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).
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.
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Prior to the commencement of any ground disturbance activities at a
construction site, the applicant, or its successor, shall notify any
California Native American tribes that have informed the City that they
are traditionally and culturally affiliated with the geographic area of the
proposed project that ground disturbance activities are about to
commence and invite the tribes to observe the ground disturbance
activities, if the tribes wish to monitor.
In the event that any subsurface objects or artifacts that may be tribal
cultural resources are encountered during the course of the ground
disturbance activities, all such activities shall temporarily cease in the
area of discovery, the radius of which shall be determined by the
qualified archaeologist, until the potential tribal cultural resources are
property assessed and addressed pursuant to 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
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to mediate the dispute. After making a reasonable effort to mediate this
particular dispute, the City may: (1) require the recommendation be
implemented as originally proposed by the archaeologist; (2) require the
recommendation, as modified by the City, be implemented as it is at least as
equally effective to mitigate a potentially significant impact; (3) require a
substitute recommendation to be implemented that is at least as equally
effective to mitigate a potentially significant impact to a tribal cultural
resource; or (4) not require the recommendation be implemented because it is
not necessary to mitigate any significant impacts to tribal cultural resources.
The applicant, or its successor, shall pay all costs and fees associated with the
mediation.
6. The applicant, or its successor, may recommence ground disturbance
activities outside of a specified radius of the discovery site, so long as this
radius has been reviewed by a qualified archaeologist and determined to be
reasonable and appropriate.
7. The applicant, or its successor, may recommence ground disturbance
activities inside of the specified radius of the discovery site only after it has
compiled with all the recommendations developed and approved pursuant to
the process set forth in paragraphs 2 through 5 above.
8. Copies of any subsequent prehistoric archaeological study, tribal cultural
resources study or 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.
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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 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:
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
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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.
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.
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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.
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.
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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:
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
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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
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.
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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:
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
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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
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.
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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 lotinfiltration 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.
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
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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 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
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
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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.
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:
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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
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.
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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
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
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owners to then apply forindividual entitlements to develop their lots. However, under this
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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1
RESOLUTION NO. 2019-62
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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Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
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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Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
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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Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
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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Agency or Party
Compliance Verification
Initials Date Comments
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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Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
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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Monitoring Milestone/
Frequency
Responsible
Agency or Party
Compliance Verification
Initials Date Comments
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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Initials Date Comments
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, be designed to
accommodate for a minimum 100 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. Any increase in
maximum lot coverage over 25
percent shall be subject to the
approval of a Minor Exception
Permit or Variance.
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
Verify submittal of a
Hydrology Study that is in
accordance with the
As needed if drainage
improvements are
installed and when
Public Works
Department
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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.
mitigation measure reports are submitted
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 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
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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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
D-80
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Mitigation Monitoring and Reporting Program
City of Rancho Palos Verdes
25
Mitigation Measure/Condition of Approval Action Indicating
Compliance
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
D-81
Zone 2 Landslide Moratorium Ordinance Revisions EIR
Mitigation Monitoring and Reporting Program
City of Rancho Palos Verdes
26
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D-82
ORDINANCE NO. 631
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) (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 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
01203 0023/614137 1 E-1
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 31 undeveloped 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 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 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
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
01203 0023/614137 1 Ordinance No. 631
Page 2 of 6E-2
locations specified in the notice, including but not limited to, City Hall and the Hesse Park
IIICommunity 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 particular
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 stability 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
01203 0023/614137.1 Ordinance No 631
Page 3 of 6E-3
Construction Impacts). The City Council certified the Environmental Impact Report, made
certain findings related to the requirements of the California Environmental Quality Act,
adopted a Statement of Overriding Considerations, and adopted a Mitigation Monitoring III
Program for Planning Case No. PLCA2018-0004 prior to making its decision regarding
the code amendments contemplated herein, as evidenced in Resolution No. 2019-62,
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. III
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, unless an increase in the maximum lot coverage is
permitted through the approval of a Minor Exception Permit or
Variance, and grading totaling less than 1,000 cubic yards of
01203 0023/614137 1 Ordinance No. 631
Page 4 of 6
E-4
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
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, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, 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 12:01 AM 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.
01203 0023/614137 1 Ordinance No. 631
Page 5 of 6E-5
PASSED, APPROVED and ADOPTED this 3rd day December 2019.
dAAJL
Mayor
ATTEST:
vo
NI APg0 ._
IIIIWPerk
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. 631 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
December 3, 2019, and that the same was passed and adopted by the following roll call
vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAIN: None
1
iia_
ity Clerk
I
01203 0023/614137 1 Ordinance No. 631
Page 6 of 6
E-6
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CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on December 4, 2019, she caused to be posted the following document
entitled: ORDINANCE NO. 631, 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, copy of which is attached hereto, in the
following, locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the fore•oing is a true and correct affidavit of
posting. 1111
art
ity Clerk
E-7
ORDINANCE NO. 597
AN ORDINANCE AMENDING SECTIONS 15.20.040, 15.20.050 AND
15.20.060 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
ESTABLISH LANDSLIDE MORATORIUM EXCEPTION CATEGORY "U"
TO ALLOW RESIDENTIAL DEVELOPMENT ON 48 CINNAMON LANE
TO PERMIT IMPLEMENTATION OF THE TERMS OF A CERTAIN
SETTLEMENT AGREEMENT (CASE NO. ZON 2017-00157).
WHEREAS, Andrea Joannou is the property owner of 40 Cherryhill Lane, which
was originally developed with a 1,538ft2 single-family residence and garage; and,
WHEREAS, Andrea Joannou is also the property owner of a vacant lot at 48
Cinnamon Lane (Lot 12, Block 3, Tract 14195); and,
WHEREAS, the residential improvements on 40 Cherryhill Lane moved several
hundred feet away from their original location to a City-owned property due to the
Portuguese Bend Landslide; and,
WHEREAS, on or about November 16, 2012, the City filed a lawsuit captioned
People of the State of California, et al. v. Andrea Joannou, et al., Los Angeles County
Superior Court case no. BC495866 in which the property owner filed a cross-complaint
seeking relief; and,
WHEREAS, the City claimed in the lawsuit that the improvements on 40 Cherryhill
lot that moved onto City-owned property constituted a nuisance that the property owner
had the obligation to abate; and,
WHEREAS, on June 3, 2014, Ms. Joannou and the City executed a Settlement
Agreement (the "Settlement Agreement"), settling all claims, and by which Ms. Joannou
reserved her rights to replace the house previously located on her 40 Cherryhill Lane Lot
or to build a house on the 48 Cinnamon Lane Lot; and,
WHERES, on August 29, 2016, the Community Development Director ("Director")
granted an approval for a Landslide Moratorium Exception Permit, allowing Ms. Joannou
to submit the appropriate Planning applications for the placement of a manufactured
home, detached garage, and a detached horse corral on the vacant lot at 48 Cinnamon
Lane; and,
WHEREAS, on February 28, 2017, the Planning Commission adopted P.C.
Resolution Nos. 2017-08 and 2017-09, certifying a Mitigated Negative Declaration and
approving a Site Plan Review and Grading Permit to allow the placement of a new
manufactured 2,738ft2 residence, detached garage, water storage tank, and 50yd3 of
grading to accommodate the proposed improvements; and
WHEREAS, on March 15, 2017, a timely appeal of the Planning Commission's
decision was filed by a group of residents. One of the reasons for the appeal is that the
Municipal Code does not have an exception category that allows the development of the
Cinnamon Lot; and,
F-1
WHEREAS, as a result of the appeal, the Director determined that the Exception
Category B used to approve the applicant's LME Permit was not the appropriate category
and that a new category should be adopted by the City Council to reflect the intent of the
2014 Settlement Agreement; and,
WHEREAS, a notice was published on May 11, 2017, pursuant to the requirements
of the Rancho Palos Verdes Development Code announcing the reason, date and time
of the City Council meeting to consider adopting an ordinance amending Chapter 15.20
of Title 15 of the Municipal Code; and,
WHEREAS, on June 6, 2017, the City Council heard public testimony and
continued the agenda item to a future unspecified date without discussion; and,
WHEREAS, on August 1, 2017, the City Council conducted and concluded a public
hearing concerning the Municipal Code amendments contained herein as required by
law, and received testimony from City staff and all interested parties regarding the
proposed amendments; and;
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), the code amendment qualifies as a ministerial project and
therefore is exempt from the application of CEQA (Section 21080); and,
WHEREAS, in accordance with the Settlement Agreement reserving the right to
the property owner to develop "either" lot, and as this Ordinance would permit the
development of the 48 Cinnamon Lot, the development application must be conditioned
on the applicant making an irrevocable offer to dedicate the 40 Cherry Hill Lane Lot to the
City or recording a "no-build" covenant restriction against the Lot, in a form approved by
the City Attorney, with costs paid by the applicant, and the Landslide Moratorium
Exception Permit shall not be issued until this condition has been fulfilled."
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 HEREBY ORDAIN AS FOLLOWS:
Section 1: The facts set forth in the Recitals are true and correct.
Section 2: The City Council has reviewed and considered the further
amendments to Chapter 15.20 of Title 15 of the Municipal Code.
Section 3: The amendments to Chapter 15.20 of Title 15 of the Municipal Code
are consistent with the Rancho Palos Verdes General Plan in that they uphold, and do
not hinder, the goals and policies of those plans, while limiting the potential impacts
resulting from such use upon landslide movement, soil stability and public safety within
and adjacent to the Landslide Moratorium Area.
Ordinance No. 597
Page 2 of 10
F-2
Section 4: Based on the foregoing, paragraph U of Section 15.20.040 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is added to read
as follows (the underlined bold text represents new language; the text in
is to be deleted::
The moratorium shall not be applicable to any of the following:
A. Maintenance of existing structures or facilities which do not increase the land
coverage of those facilities or add to the water usage of those facilities;
B. Replacement, repair or restoration of a residential building or structure which
has been damaged or destroyed due to one of the following hazards, provided
that a landslide moratorium exception permit is approved by the director, and
provided that the project complies with the criteria set forth in Section 15.20.050
Landslide Mitigation Measures Required) of this chapter:
1. A Geologic Hazard. Such structure may be replaced, repaired or restored to
original condition; provided, that such construction shall be limited to the same
square footage and in the same general location on the property and such
construction will not aggravate any hazardous geologic condition, if a
hazardous geologic condition remains. Prior to the approval of a landslide
moratorium exception permit, the applicant shall submit to the director any
geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed
project will not aggravate the existing situation. The applicant shall comply with
any requirements imposed by the city's geotechnical staff and shall
substantially repair the geologic condition to the satisfaction of the city
geotechnical staff prior to the issuance of a final building permit. Upon
application to the director, setbacks may conform to the setbacks listed below:
Minimum Setback Standards
Front Interior side Street side Rear
20 5 10 15
2. A Hazard Other Than a Geologic Hazard. Such structure may be replaced,
repaired or restored to original condition; provided, that such construction shall
be limited to the same square footage and in the same general location on the
property and such construction will not aggravate any hazardous condition, if a
hazardous condition remains. Prior to the approval of a landslide moratorium
exception permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation. Upon application to the director, setbacks may
conform to the setbacks listed in subsection (B)(1) of this section;
C. Building permits for existing structures which were constructed prior to
October 5, 1978, for which permits were not previously granted, in order to
Ordinance No. 597
Page 3 of 10
F-3
legalize such structure(s). Such permits may only be granted if the structure is
brought into substantial compliance with the Uniform Building Code;
D. The approval of an environmental assessment or environmental impact
report for a project as to which the city or redevelopment agency is the project
applicant;
E. Projects that are to be performed or constructed by the city or by the Rancho
Palos Verdes Redevelopment Agency to mitigate the potential for landslide or
to otherwise enhance public safety;
F. Remedial grading to correct problems caused by landslide or to otherwise
enhance public safety, performed pursuant to a permit issued pursuant to
Section 17.76.040(6)(3) of this code;
G. Geologic Investigation Permits. Prior to the approval of such a permit, the
applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed investigation will not aggravate the existing
situation;
H. Minor projects on a lot that is in the landslide moratorium area,' as outlined
in red on the landslide moratorium map on file in the director's office, and
currently is developed with a residential structure or other lawfully existing
nonresidential structure and involves an addition to an existing structure,
enclosed patio, conversion of an existing garage to habitable space or
construction of a permanent attached or detached accessory structure and
does not exceed a cumulative project(s) total of 1,200 square feet per parcel;
provided that a landslide moratorium exception permit is approved by the
director and provided that the project complies with the criteria set forth in
Section 15.20.050 (Landslide Mitigation Measures Required) and does not
include any additional plumbing fixtures, unless the lot is served by a sanitary
sewer system. The 1,200 square foot limitation on cumulative projects that can
be approved on a lot pursuant to this subsection includes the construction of a
new garage, which can be approved pursuant to subsection L of this section.
November 5, 2002, is the date that shall be used for determining the baseline
square footage, based upon city and county building permit records, for
purposes of calculating the square footage of any cumulative project(s) and of
any additions that may be constructed pursuant to this subsection H. Minor
projects involving the construction of an enclosed permanent detached
accessory structure shall include a requirement that a use restriction covenant,
in a form acceptable to the city, that prevents the enclosed permanent detached
accessory structure from being used as a separate dwelling unit is recorded
with the Los Angeles County Registrar-Recorder. Such covenant shall be
submitted to the director prior to the issuance of a building permit. Prior the
approval of a landslide moratorium exception permit for such minor projects, the
applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
Ordinance No. 597
Page 4 of 10
F-4
geotechnical staff that the proposed project will not aggravate the existing
situation;
I. Construction or installation of temporary minor nonresidential structures which
are no more than 320 square feet in size, with no plumbing fixtures and which
do not increase water use, may be approved by the director. If the lot is served
by a sanitary sewer system, the permit may allow the installation of plumbing
fixtures. All permits shall include a requirement that a use restriction covenant,
in a form acceptable to the city which prevents the structure from being used for
any purpose other than a nonhabitable use, is recorded with the Los Angeles
County Registrar-Recorder. A minor nonresidential structure is defined as
temporary if the Building Code does not require it to be erected upon or
attached to a fixed, permanent foundation and if, in fact, it will not be erected
upon or attached to such a foundation. Prior to approval of the application, the
applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing
situation;
J. Submittal of a lot-line adjustment application;
K. Minor projects on a lot that is in the 'landslide moratorium area,'as outlined
in blue on the landslide moratorium map on file in the director's office, and
currently is developed with a residential structure or other lawfully existing
nonresidential structure and involves an addition to an existing structure,
enclosed patio, conversion of an existing garage to habitable space or
construction of a permanent attached or detached accessory structure and
does not exceed a cumulative project(s) total of 1,200 square feet per parcel;
provided that a landslide moratorium exception permit is approved by the
director and provided that the project complies with the criteria set forth in
Section 15.20.050 (Landslide Mitigation Measures Required) and does not
include any additional plumbing fixtures, unless the lot is served by a sanitary
sewer system. The 1,200 square foot limitation on cumulative projects that can
be approved on a lot pursuant to this subsection includes the construction of a
new garage, which can be approved pursuant to subsection L of this section.
November 5, 2002, is the date that shall be used for determining the baseline
square footage, based upon city and county building permit records, for
purposes of calculating the square footage of any cumulative project(s) and of
any additions that may be constructed pursuant to this subsection K. Minor
projects involving the construction of an enclosed permanent detached
accessory structure shall include a requirement that a use restriction covenant,
in a form acceptable to the city, that prevents the enclosed permanent detached
accessory structure from being used as a separate dwelling unit is recorded
with the Los Angeles County Registrar-Recorder. Such covenant shall be
submitted to the director prior to the issuance of a building permit. Prior the
approval of a landslide moratorium exception permit for such minor projects, the
applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city
Ordinance No. 597
Page 5 of 10
F-5
geotechnical staff that the proposed project will not aggravate the existing
situation;
L. Construction of one attached or detached garage per parcel that does not
exceed an area of 600 square feet, without windows or any plumbing fixtures,
on a lot that currently is developed with a residential structure or other lawfully
existing nonresidential structure; provided that a landslide moratorium
exception permit is approved by the director, and provided that the project
complies with the criteria set forth in Section 15.20.050 (Landslide Mitigation
Measures Required). If the lot is served by a sanitary sewer system, the permit
may allow the installation of windows and plumbing fixtures in the garage. The
approval of a landslide moratorium exception permit for such a project shall be
conditioned to require that a use restriction covenant, in a form acceptable to
the city that prevents the garage from being used for any purpose other than
parking of vehicles and storage of personal property is recorded with the Los
Angeles County Registrar-Recorder. Such covenant shall be submitted to the
director prior to the issuance of a building permit. Prior to the approval of a
landslide moratorium exception permit for such garage, the applicant shall
submit to the director any geological or geotechnical studies reasonably
required by the city to demonstrate to the satisfaction of the city's geotechnical
staff that the proposed project will not aggravate the existing situation;
M. Submittal of applications for discretionary planning permits for structures or
uses which are ancillary to the primary use of the lot or parcel, where there is
no possibility of any adverse impact upon soil stability. Examples of these types
of applications include special use permits for minor, temporary uses and
events; fence, wall and hedge permits that do not involve grading or the
construction of retaining walls; permits for the keeping of large domestic
animals and exotic animals; conditional use permits for the establishment of a
use or activity at or on an existing structure where no structural modifications
are required; and such other uses, activities and structures that the city
geotechnical staff determines to have no potential for adverse impacts on
landslide conditions;
N. Minor projects on those lots that are currently developed with a residential
structure, which do not involve new habitable space or the addition of a
swimming pool or spa, which cannot be used as a gathering space and viewing
area, and which do not constitute lot coverage;
O. Permits issued pursuant to Section 15.20.110 (Required Connection to
Operational Sanitary Sewer System) of this chapter to connect existing
structures with functional plumbing fixtures to an operational sewer system;
P. The construction of residential buildings, accessory structures, and 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
Ordinance No. 597
Page 6 of 10
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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.
Q. Non-remedial grading, up to a cumulative maximum total of 50 cubic yards
of grading per legal lot, on lots developed with a residential structure or other
lawfully existing non-residential structure, provided that the grading is balanced
on site with no imported material and provided the appropriate geological or
geotechnical studies are submitted to demonstrate to the satisfaction of the
city's geotechnical staff that the proposed grading will not aggravate the
existing landslide situation.
R. The construction of a barn or other similar non-habitable structure(s) used
for the sole purpose of housing animals on lots that are currently legally
developed with a residential structure. Said non-habitable structures shall only
be permitted on lots that are served by a sanitary sewer system, shall not
exceed a maximum roofed area of 1,600 square feet, and shall not count
against the 1,200 square foot limitation set forth in paragraphs H and K of this
section. A use restriction covenant, in a form acceptable to the city attorney,
which prevents the structure from being used for any purpose other than a non-
habitable use for animal keeping, shall be recorded with the Los Angeles
County Registrar-Recorder against the title to said property. Said non-habitable
structures shall be constructed and maintained so that the structure(s), and all
interior spaces of said structure(s), are not fully enclosed and at least one wall
along one exterior façade is open to the air at all times. Prior to approval of an
application, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed non-habitable
structure will not aggravate the existing situation;
S. The installation or construction of a non-habitable storage structure used for
the sole purpose of storing agricultural farming equipment on lots that have
obtained a conditional use permit for the growing of crops and/or fruits on more
than one acre for commercial or non-commercial purposes. Said non-habitable
structure(s) shall not exceed a cumulative maximum square footage or roofed
area of 1,600 square feet, shall only be permitted on lots that are served by a
sanitary sewer system, and shall not count against the 1,200 square foot
limitation set forth in paragraphs H and K of this section. A covenant which
prevents the structure from being used for any purpose other than a non-
habitable use for storing agricultural farming equipment, in a form approved by
Ordinance No. 597
Page 7 of 10
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the city attorney and enforceable by the city, shall be recorded with the Los
Angeles County Registrar-Recorder against the title to said property, prior to
building permit issuance. Said structures shall be constructed and maintained
as non-habitable structures and shall be removed if an approved conditional
use permit ceases and a commercial or non-commercial agricultural use no
longer remains on said property. Prior to approval of an application, the
applicant shall submit to the director any geological or geotechnical studies
required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed non-habitable structure will not aggravate the existing
situation;
T. The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no
more than 50 cubic yards of imported fill material on the two lots in Zone 1 of
the "landslide moratorium area"as outlined in yellow on the landslide
moratorium map on file in the director's office; provided, that a landslide
moratorium exception permit is approved by the director, and provided that the
project complies with the criteria set forth in Section 15.20.050 (Landslide
Mitigation Measures Required) of this chapter. Residential buildings and
accessory structures shall not exceed a maximum combined total of up to 8,000
square feet (habitable and non-habitable area), including non-habitable
structures such as garages, sheds, and barns, and shall be limited to a
maximum of 25 percent lot coverage with proper setbacks from adjacent
properties as determined through the neighborhood compatibility analysis in
ordinance with Section 17.02.030(B) of the city's municipal code and the city's
neighborhood compatibility handbook. A main residence shall be single-story
and not exceed a maximum height of 16 feet as defined by the zoning code for
pad lots. Horse keeping is permitted up to a maximum of four horses per lot.
Such projects shall qualify for a landslide moratorium exception permit only if all
applicable requirements of this code are satisfied, and the parcel is served by a
sanitary sewer system. Those who take advantage of this exception category
shall, prior to development, record a covenant on the subject property in a form
approved by the city attorney running with the land and enforceable by city (i)
prohibiting future subdivision of said property, (ii) acknowledging that the city
makes no representation as to the suitability of the land for development and
assuming risk, and (iii) providing for trail dedication. The property owner will
work with the director to find a mutually agreeable trail alignment for
connectivity to the city's trail system which is vetted with trail groups and does
not impact the developable building site(s). Prior to issuance of a landslide
moratorium exception permit, the applicant shall submit to the director any
geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed
project will not aggravate the existing situation.
U. The construction of residential buildings, garages and accessory
structures up to 2,800 square feet in total size at 48 Cinnamon.Lane (Tract
14195 Lot 12), provided that a landslide moratorium exception permit is
approved by the Director and provided that the project complies with the
Ordinance No. 597
Page 8 of 10
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criteria set forth in Section 15.20.050 (Landslide Mitigation Measures
Required). Minor projects involving the construction of an enclosed
permanent detached accessory structure shall include a requirement that
a use restriction covenant, in a form acceptable to the City that prevents
the enclosed permanent detached accessory structure from being used
as a separate dwelling unit is recorded with the Los Angeles County
Registrar-Recorder. Such covenant shall be submitted to the Director
prior to the issuance of a building permit. Prior to the approval of a
landslide moratorium exception permit for such minor projects, the
applicant shall submit to the Director any geological or geotechnical
studies reasonably required by the City to demonstrate to the satisfaction
of the city geotechnical staff that the proposed project will not aggravate
the existing situation.
Section 5: Based on the foregoing, Section 15.20.050 of Chapter 15.20 of Title
15 of the Rancho Palos Verdes Municipal Code is amended to read as follows (the
underlined bold text represents new language; the text in is to be deleted::
Within the landslide moratorium area as identified in Section 15.20.020 (New
Construction Permits Not Issued) of this chapter, the city shall require that
appropriate landslide abatement measures be implemented as conditions of
issuance of any permit issuedpursuant to this chapter with respect to proposed
projects and uses requiring a landslide moratorium exception permit pursuant
to Sections 15.20.040(B), (H), (K), (L), (P), and(T), and (U) which must satisfy
all of the criteria set forth in this section, the conditions imposed by the city shall.
include, but not be limited, to the following:
Section 6: Based on the foregoing, paragraph A of Section 15.20.060 of
Chapter 15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read
as follows:
Applicants for an exception to this chapter under Sections 15.20.040(B), 0), (K),
L), (P), (Q)1 and (T) and (U) shall file an application for a landslide moratorium
exception permit with the director. The application shall be signed by the propertyp
owner, and shall include the following:
Section 7: In accordance with the Settlement Agreement reserving the right to
the property owner to develop "either" lot, and as this Ordinance would permit the
development of the 48 Cinnamon Lot, the development application shall be conditioned
on the applicant making an irrevocable offer to dedicate the 40 Cherry Hill Lane Lot to the
City or recording a "no-build" covenant restriction against the Lot, in a form approved by
the City Attorney, with costs paid by the applicant, and the Landslide Moratorium
Exception Permit shall not be issued until this condition has been fulfilled."
Section 8: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to-be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of this
Ordinance No. 597
Page 9 of 10
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ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 9: The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 15 days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption
and posting of this Ordinance, and shall cause this Ordinance and its certification,
together with proof of posting, to be entered in the Book of Ordinances of the Council of
this City of Rancho Palos Verdes.
Section 10: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
PASSED, APPROVED AND ADOPTED this 15th day of August 2017.
Ma, •r
Attest:
A
ity 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. 597 passed first reading on August 1, 2017, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on August 15,
2017, and that the same was passed and adopted by the following roll call vote:
AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell
NOES: None
ABSENT: None
ABSTAIN: None
y Clerk
Ordinance No. 597
Page 10 of 10
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n s'f fff5 f i
S? S
Ey#iiiff.
SSS
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on August 16, 2017, she caused to be posted the following document entitled:
ORDINANCE NO. 597, AN ORDINANCE AMENDING SECTIONS 15.20.040,
15.20.050 AND 15.20.060 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
TO ESTABLISH LANDSLIDE MORATORIUM EXCEPTION CATEGORY "U" TO
ALLOW RESIDENTIAL DEVELOPMENT ON 48 CINNAMON LANE TO PERMIT
IMPLEMENTATION OF THE TERMS OF A CERTAIN SETTLEMENT AGREEMENT
CASE NO. ZON 2017-00157), a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing i a t ue and correct affidavit of posting.
AL
ir
ity , lerk
F-11
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into by and
between the City of Rancho Palos Verdes, a municipal corporation acting on its own
behalf and on behalf of the People of the State of California and as successor to the
Rancho Palos Verdes Redevelopment Agency (collectively referred to as "City") and
Andrea Joannou, individually and Trustee ofthe Andrea Joannou Trust of2004
("Joannou" and, collectively with City, the "Parties" and singularly, "Party"), as of June
3, 2014 (the "Effective Date").
WHEREAS, Joannou is the record owner of real property described as Lot 40,
Block 1, of Tract 14118, per the map recorded in Book 306, pages 34 and 35 of maps, in
the office ofthe Los Angeles County Recorder, APN 7572-004-019 (the "Cherryhill
Lot"); prior to 1956, a single family residential structure was constructed on the Lot with
the address of 40 Cherryhill Lane (the "Structure");
WHEREAS, Joannou is also the record owner of real property described as Lot
12, Block 3, Tract 14195, per the map recorded in Book 323, pages 8 to 10 of maps, in
the office of the Los Angeles County Recorder, APN 7572-010-020, at the end of the cul-
de-sac of Cinnamon Lane (the "Cinnamon Lot"); the Cinnamon Lot is unimproved and is
located in the area of the Zone 2 Landslide Moratorium Ordinance Revisions project, for
which the City is now preparing a final Environmental Impact Report;
WHEREAS, the Structure has been moved over the years since 1956 by the
Portuguese Bend Landslide and is now located several hundred feet away from its
original location on the Lot, and is now located on Lot 1, of Parcel Map No. 17161,
recorded in book 192, pages 91 to 94 of maps in the office of the Los Angeles County
Recorder (the "City Parcel");
WHEREAS, on or about November 16, 2012, City filed a lawsuit captioned
People of the State of California, et al. v. Andrea Joannou, et al., Los Angeles County
Superior Court case number BC495866 (the "Lawsuit") in which Joannou has filed a
cross-complaint seeking affirmative relief;
WHEREAS, the Cherryhill Lot is also subject to a lawsuit captioned Andrea
Joannou, Trustee of the Andrea Joannou Trust of 2004, et al. v. Orphan Homes at 40 and
41 Cherryhill Lane, et al., Los Angeles County Superior Court Case No. BC445457, in
which. Joannou seeks to quiet title to the Cherryhill Lot in its original location (the
"Second Lawsuit");
WHEREAS, City claims in the Lawsuit that the Structure constitutes a nuisance
that Joannou has the obligation to abate;
WHEREAS, the Parties now desire to settle all claims among them with respect to
the Lawsuit and the Property;
NOW, THEREFORE, in consideration of the recitals above and the mutual
promises set forth below, the Parties agree as follows:
Page 1 of 5 G-1
I. Promptly after execution and delivery of this agreement by the Parties, the
Parties shall request dismissal of the Lawsuit with prejudice including the complaint and
cross-complaint. Each party shall bear her or its own costs and attorney fees incurred in
connection with the Lawsuit.
2. In consideration ofthe dismissal as described in Paragraph l, Joannou
shall convey all her right, title and interest in the Structure to City; and City shall
indemnify, defend and hold Joannou harmless from all claims arising after the Effective
Date in connection with the Structure, including, without limitation, City's claims that.
Joannou is responsible for the costs of demolition of the Structure.
3. In further consideration ofthe dismissal as described in Paragraph I, City
shall give Joannou credit against City fees due in connection with processing entitlements
for the Cinnamon Lot or the Cherryhill Lot, whichever is the first lot for which she seeks
entitlements, for City fees (not including fees paid to City consultants) Joannou paid in
connection with her previous processing of permits for replacement of the Structure on
the City Parcel. Joannou will pay fees of her own consultants and any consultants that
are retained by the City to review her application, such as the City Geologist, Jim
Lancaster, and any non-City fees (such as fees to the County or the School District, for
example).
4. City wholly releases and forever discharges Joannou, and Joannou wholly
releases and forever discharges City from any and all manner of causes of action, whether
in law or in equity, suits, debts, liens, contracts, agreements, promises, liabilities, claims,
demands, damages, losses, costs, or expenses, of any nature whatsoever, which any or all
of the Parties may now have or may hereafter claim to have arising from the Structure,
the Lawsuit and the Second Lawsuit, whether those claims are known or unknown,
suspected or unsuspected, fixed or contingent. Without limiting the generality of the
foregoing, Joannou releases all claims she may have to ownership of the Structure, and
City releases all claims it may have to reimbursement of expenses incurred in abating the
nuisance represented by the Structure on the City Parcel. Notwithstanding the foregoing,
the releases herein do not extend to any claims any Party may have concerning the
Cherryhill Lot (not including claims pertaining to the Structure, all of which are subject
to this release) or the Cinnamon Lot, and Joannou reserves all her rights with respect to
the Cherryhill Lot and the Cinnamon Lot, including, without limitation, her rights under
the landslide moratorium ordinance (as it now exists or may be amended in the future) to
replace the house that was previously located on the Cherryhill Lot or to build a house on
the Cinnamon Lot.
5. The releases set forth in paragraph 4 above are intended to bind, and inure
to the benefit of, each of the Parties' present or former principals, officers, employees,
agents, managers, parents, subsidiaries, affiliates, trustees, attorneys, insurers, reinsurers,
representatives, predecessors and successors, and their respective heirs, executors,
administrators, successors and assigns.
6. The Parties agree that neither the consideration provided in this
Agreement nor the execution or performance of any term of this Agreement shall
Page 2 ofS
G-2
constitute or be construed as an admission of any liability whatsoever or any wrongdoing
by either Party.
7. The Parties represent and warrant that there has not been any assignment
or other transfer of any interest in any of the claims released herein and there will be no
assignment or other transfer of any interest in any of the claims released herein.
8. The Parties acknowledge that they have been advised of and are aware that
California Civil Code § 1542 provides as follows:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release,
which if known by him or her must have materially affected his or her settlement
with the debtor.
The Parties hereby waive and relinquish all rights and benefits under Section 1542 ofthe
Civil Code with respect to the matters set forth in this Agreement, acknowledge that the
effect and import of such section has been explained to them by their own counsel and
further acknowledge that they may hereafter discover facts different than or in addition to
those which they now know or believe to be true with respect to the claims, demands,
debts, liabilities, obligations, actions, causes of action, costs, and expenses herein
released, and agree that this Agreement shall be and remain effective in all respects,
notwithstanding such different or additional facts.
9. This Agreement shall be construed without regard to the identity of the
person who drafted the various provisions. Each and every provision of this Agreement
shall be construed as though all ofthe Parties participated equally in the drafting of them,
and any rule of construction that a document is to be construed against the drafting party
shall not be applicable to this Agreement.
I 0. In the event that any Party should bring any action, suit, or other
proceeding against any other Party on any claim herein discharged and released, or
contesting the validity of this Agreement, or attempting to enforce the terms and
provisions of this Agreement, or to obtain any remedy or relief for any breach of this
Agreement, or to rescind, modify, or reform this Agreement or any of the terms or
provisions hereof, the prevailing party shall recover such party's reasonable attorneys'
fees incurred in each and every such action, suit, or other proceeding, including any and
all appeals or petitions therefrom.
I I. Unless another person is designated in writing for receipt of any notice
required hereunder, every notice shall be sent electronically to the Party with a copy sent
by United States first-class mail, postage prepaid, to:
Notice to Joannou shall be given to:
Andrea Joannou
14 Limetree Lane
Rancho Palos Verdes, CA 90275
Page 3 ofS
G-3
Tel. (31 0) 941-0777
andrearpv@gmail.com
and
Douglas W. Beck
Law Offices of Douglas W. Beck
21250 Hawthorne Blvd., Suite 500
Torrance, CA 90503
Tel. (31 0) 294-963 I
dougbeck@iseeyouincourt.com
Notice to City shall be given to:
Carolynn Petru, Acting City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Tel. (31 0) 544-5203
carolynn@rpv .com
and
Carol Lynch
Richards Watson & Gershon
355 S. Grand Ave., fi.Oth floor
Los Angeles, CA 90071
TeL (213) 626-8484
clynch@rwglaw .com
12. This Agreement represents the sole and entire agreement between the
Parties and supersedes all prior agreements, negotiations, and discussions between the
Parties. This Agreement may not be modified, except by an instrument in writing, signed
by all the Parties.
I 3. Each natural person signing this Agreement personally represents and
warrants that he is authorized to execute this Agreement on behalf of the Party for which
he is signing. ·
14. This Agreement may be executed in multiple, counterpart copies, or by
facsimile signature, each of which shall be deemed an original.
Andrea Jo
and Trustee
Trust of2004
City of Rancho Palos Verdes
Page 4 of5
G-4
Approved as to form
Law Offices of Douglas W. Bee Richards Watson & Gershon ::u . ~/ ·~ / ___ by~ ..;::: ~A-...-~
caroiW cfr)t~ .....
Douglas W. Beck,
Attorneys for Andrea Joannou, individually
and Trustee of the Andrea Joannou Trust of
2004
Attorneys for City of Rancho Palos Verdes.
Page 5 of5
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