Loading...
PC RES 2020-00301203.0005/641133.1 P.C. Resolution No. 2020-03 Page 1 of 28 P.C. RESOLUTION NO. 2020-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 6 TO A MITIGATED NEGATIVE DECLARATION TO REDUCE THE AMOUNT OF ON-SITE PARKING AND AMENDING CONDITION OF APPROVAL NO. 57 TO REDUCE GUEST ATTENDANCE AT THE EVENT GARDEN AS PART OF COMPLIANCE REVIEW NO. 7 OF THE POINT VIEW MASTER USE PLAN ON THE PROPERTY LOCATED AT 6001 PALOS VERDES DRIVE SOUTH (CASE NO. CASE NO. ZON2010-00087 & PLCU2019-0013). WHEREAS, on January 8, 2013, the Planning Commission adopted P.C. Resolution Nos. 2013-02 and 2013-03, thereby adopting a Mitigated Negative Declaration and conditionally approving the Point View Master Use Plan (Case No. ZON2010-00087) to allow 25.5-acres of agricultural uses; a 9-hole golf course and sand traps; a paved internal driveway; and site improvements to host 30 public or private events per year at the “Event Garden”; and, WHEREAS, on April 22, 2014, the Planning Commission adopted P.C. Resolution No. 2014-13, thereby adopting Addendum No. 1 to a Mitigated Negative Declaration, and amending certain Conditions of Approval as part of the 1 st Compliance Review. The amendments to the Conditions of approval included, but were not limited to, requiring compliance reviews as deemed necessary and appropriate by the Planning Commission and allowing up to 20 small events (up to 50 guests) annually at the Event Garden; and, WHEREAS, on October 27, 2015, the Planning Commission adopted P.C. Resolution No. 2015-19, thereby adopting Addendum No. 2 to a Mitigated Negative Declaration, and amending certain Conditions of Approval as part of the 2 nd Compliance Review. The amendments to the Conditions of Approval included requiring two additional Compliance Reviews, allowing “small events” to use amplified sounds, extending the time “small events” are to end to 9:30 p.m., with guests vacating by 10:00 p.m. and workers vacating by 10:00 p.m., and adding an Indemnification clause; and, WHEREAS, on June 14, 2016, the Planning Commission conducted the 3rd Compliance Review (1 of 2 required reviews for 2016) and accepted the findings of a noise monitoring study, which concluded that the noise impacts generated from small events did not generate significant increases in noise above the ambient noise levels that were reported in the original noise study that was prepared for the Mitigated Negative Declaration analysis and made no changes to the Conditions of Approval; and, WHEREAS, on February 28, 2017, the Planning Commission adopted P.C. Resolution No. 2017-07, thereby adopting Addendum No. 3 to a Mitigated Negative Declaration, and amending certain Conditions of Approval as part of the 4 th Compliance Review (2 of 2 required reviews for 2016). The amendments to the Conditions of Approval included, but not limited to, requiring one compliance review at a noticed public hearing to 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 2 of 28 be held in November 2017 and annually thereafter, establishing outdoor lighting restrictions, providing clarification regarding end-of-day hours of operation, allowance for one enclosed temporary catering tent and requiring a City-retained Noise Consultant to evaluate the effectiveness of event-related noise mitigation measures twice a year; and, WHEREAS, on November 28, 2017, the Planning Commission adopted P.C. Resolution No. 2017-42, thereby adopting Addendum No. 4 to a previously prepared Mitigated Negative Declaration, and amending certain Conditions of Approval as part of the 5th Compliance Review. The amendments to the Conditions of Approval include, but are limited to, requiring noise impact analysis on an as-needed basis based on community noise complaints at the discretion of the Director; and, WHEREAS, on November 13, 2018, the Planning Commission adopted P.C. Resolution No. 2018-28, thereby adopting Addendum No. 5 to a previously prepared Mitigated Negative Declaration, and amending Condition of Approval No. 13 to allow assorted fruit trees within the on-site agricultural activity area as part of the 6 th Compliance Review; and, WHEREAS, on July 31, 2019, the Applicant submitted a request to revise Condition of Approval No. 57 and the previously prepared Mitigated Negative Declaration in order to reduce the maximum guest attendance at any event from 300 guests to 250 guests and requiring the Applicant to obtain a Special Use Permit for any event that would generate over 250 guests at any event located in the Event Garden. In addition, the Applicant also requests the previously prepared Mitigated Negative Declaration be amended to reduce on- site parking for the Event Garden from 140 stalls to 112 stalls; and WHEREAS, the Applicant also submitted development applications that include a Height Variation Permit, Major Grading Permit and Site Plan Review application to allow the construction of a new 7,375ft2 two-story residence (garage included) and the construction of a new 611ft2 single-story accessory dwelling unit along with related site improvements and associated grading. These development applications will be the subject of a separate Resolution of the Planning Commission; and, WHEREAS, after reviewing the submitted information, Staff deemed the application incomplete for processing on August 30, 2019. The Applicant submitted revisions on multiple occasions, with the final submittal of information on February 17, 2020. On February 27, 2020, the application was deemed complete for processing WHEREAS, an annual Compliance Review of the Point View Master Use Plan is required to be completed in November of each year with Annual Compliance Review No. 7 being completed in April of 2020 in coordination with the processing of other requested development applications for the project site; and, WHEREAS, on February 27, 2019, a 30-day public notice of the 7th Compliance Review and proposed Conditional Use Permit revisions was provided to all property owners within a 500’ radius from the site and published in the Peninsula News; and, 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 3 of 28 WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on April 14, 2020, at which time all interested parties were given an opportunity to be heard and present evidence regarding Compliance Review No. 7 and the proposed Conditional Use Permit revisions; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: Pursuant to Condition of Approval No. 6.b. of P.C. Resolution No. 2015-19, the Planning Commission conducted a 7th Compliance Review to review the Applicant’s compliance with, and adequacy of, the Conditions of Approval for the Point View Master Use Plan. Section 2: Based on the 7th Compliance Review, the Planning Commission finds that the Applicant complies with the Conditions of Approval with the approved Point View Master Use Plan as it relates to operational characteristics such as, but not limited to, noise, hours and days of operation, hosted events, and on-site agricultural uses and operations. Section 3: Pursuant to Section 17.60.090 of the Rancho Palos Verdes Municipal Code, an amendment to an approved Conditional Use Permit may be initiated by the City or a property owner. The property owner, who is also the Applicant, submitted a request to revise Condition of Approval No. 57 to reduce the maximum attendance at any event from 300 guests to 250 guests and requiring approval of a Special Use Permit for any event that would generate over 250 guests. A review of Event Garden bookings since 2015 determined that guest attendance has ranged from approximately 28 to 236 guests per event, which is below the 300 guest maximum and below the proposed reduction to a maximum of 250 guests per event. The review also determined that the Event Garden hosted 1 to 2 events per year with a guest count of over 300 through the approval of a Special Use Permit. Furthermore, the Applicant will be required to comply with all established Conditions of Approval that are applicable to the Event Center and other various uses on the project site. As such, the Planning Commission hereby modifies Condition No. 57, as stated below: 57. Maximum attendance at any event shall be limited to 250 guests (not including event staff, security/safety personnel, etc.). For any event that would generate over 250 people, approval of a Special Use Permit (SUP) by the Community Development Department shall be required in advance of the event. Section 4: The Applicant’s proposal also requests revision of the previously prepared Mitigated Negative Declaration to reduce the amount of on-site parking from 140 to 112 spaces with revisions to the on-site parking layout. The previously prepared Mitigated Negative Declaration reported that an event of 300 guests with 50 vendors would generate an estimated 140 vehicles to arrive at the site (about 2.5 guests per vehicle) and on that basis required the project site to provide 140 parking spaces. Based on the use of 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 4 of 28 ride share options in the region and previous Event Garden guest attendance levels, the proposed 112 parking spaces would provide sufficient on-site parking opportunities to serve the needs of the Event Garden. Based on the parking ratio established in the previously prepared Mitigated Negative Declaration of 2.5 guests per vehicle, an event of 250 guests with up to 30 vendors would require 112 on-site parking spaces. This is consistent with the maximum guest count reduction to 250 guests and the reduction of on-site parking to 112 spaces. Section 5: 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 Planning Commission found no evidence that the modification to Condition of Approval No. 57 to allow for a reduction in the maximum guest attendance at the Event Garden or that a modification to the provisions of the previously prepared Mitigated Negative Declaration to reduce the amount of parking for the Event Center will introduce new significant environmental effects or substantially increase the severity of the environmental impacts that previously were identified and analyzed in the approved Mitigated Negative Declaration. Additionally, the project does not include changed circumstances or new information, which were not known at the time the Mitigated Negative Declaration was certified, that would require the preparation of a subsequent environmental analysis pursuant to CEQA Guidelines. Accordingly, Addendum No. 6 (Exhibit 'A') to the Mitigated Negative Declaration is hereby adopted. Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.76.040(H) and 17.80.070 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than April 29, 2020. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts Addendum No. 6 to the Mitigated Negative Declaration as described in the attached Exhibit ‘A’, and approves the 7th Compliance Review, subject to the amended Conditions of Approval contained in the attached Exhibit 'B', which is incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this 14 th day of April 2020 by the following vote: 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 6 of 28 P.C. RESOLUTION 2020-03 EXHIBIT “A” ADDENDUM NO. 6 MITIGATED NEGATIVE DECLARATION (MND) FOR THE POINT VIEW MASTER USE PLAN (PLANNING CASE NO. ZON2010-00087 & PLCU2019-0013) Project Background: On January 8, 2013, the Planning Commission adopted P.C. Resolution Nos. 2013-02 and 2013-03, adopting a Mitigated Negative Declaration and conditionally approving the Point View Master Use Plan (Case No. ZON2010-00087), on property located at 6001 Palos Verdes Drive South. The Master Use Plan includes 25.5- acres of agricultural uses; a 9-hole golf course and sand traps; a paved internal driveway; and site improvements to host 30 public or private events per year, on the “Event Garden” within the 95-acre property known as the Point View property. Prior to its adoption, on April 17, 2012 the City circulated the project’s Mitigated Negative Declaration, and recirculated the Mitigated Negative Declaration on November 16, 2012, to the California State Clearinghouse for a posting and comment period of at least thirty days (as required by CEQA), and circulated to all appropriate public agencies for comment. All comments received from persons and responsible agencies were addressed, and the conditions and measures were incorporated to mitigate impacts resulting from the project. In adopting the MND, the Planning Commission found : 1) that there would be no significant adverse environmental impacts resulting from the development; and 2) that the impacts identified in the Initial Study could be mitigated through incorporation of mitigation measures to reduce any adverse impacts to adjacent properties, and therefore, upon the environment. On April 22, 2014, the City's Planning Commission adopted P.C. Resolution No. 2014-13, thereby adopting Addendum No. 1 to the approved Mitigated Negative Declaration, and approving certain modifications to the approved Conditions of Approval to allow the following changes to the approved project:  Adding language to ensure that vehicular access to the Event Garden by patrons, event attendees and any other members of the public is restricted from Narcissa Drive, and the gate at the entry point along Narcissa Drive be required to remain closed when not in use; and,  Requiring that future maintenance, alterations, slurry sealing, etc. to the portion of the main driveway access from Palos Verdes Drive South (PVDS) be reviewed and approved by the Community Development Director prior to any future applications in order to ensure that the finish of the driveway does not contrast with the surrounding landscape and blends with the natural environment; and,  Adding up to 20 “small” events, which are defined as having less than 50 guests, no use of amplified sounds/music, and each small event would end 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 7 of 28 by 8:00 pm. These “small” events were permitted in addition to the 30 events originally allowed; and,  Deleting a condition that required a minimum of five (5) of the originally permitted 30 events to be reserved for non-profit organizations or public agencies; and,  Allowing the addition of a 4,000 square foot vegetable garden in an area to the west of the Event Garden area, which was not originally designated for agricultural use in the CUP; and,  Requiring an additional compliance review of the CUP after the first “small” event occurs. On October 27, 2015, the City's Planning Commission adopted P.C. Resolution No. 2015- 19, thereby adopting Addendum No. 2 to the approved Mitigated Negative Declaration, and approving certain modifications to the approved Conditions of Approval to allow the following changes to the approved project:  Requiring two additional Compliance Reviews to be held in May 2016 and in the fall of the 2016 calendar year (Condition No. 6.b.); and,  Allowing “small events” to use amplified sounds such as disc jockeys and live music (Condition No. 54.a.): and,  Extending the time “small events” are to end to 9:30 p.m. rather than 8:00 p.m., with guests vacating the property by 10:00 p.m. instead of 8:30 p.m., and workers associated with the event vacating the property by 10:00 p.m. instead of 9:00 p.m. (Condition No. 54.a.); and,  Adding an Indemnification condition (Condition No. 83). On February 28, 2017, the City’s Planning Commission adopted P.C. Resolution No. 2017- 17, thereby adopting Addendum No. 3 to the approved Mitigated Negative Declaration, and approving certain modifications to the approved Conditions of Approval to allow the following changes to the approved project:  Requiring one compliance review at a noticed public hearing to be held in November of 2017 and annually thereafter; and,  Placing restrictions on the Event Garden including outdoor lighting and clarifying end-of day hours of operation, as well as allowing for (1) enclosed temporary catering tent for food preparation purposes; and,  Requiring a Noise Consultant that is retained by the City to evaluate the effectiveness of event-related noise mitigation measures twice a year, with the Applicant submitting a Trust Deposit to the City to cover all associated costs of noise monitoring activities; and, On November 28, 2017, the City’s Planning Commission adopted P.C. Resolution No. 2017-47, thereby adopting Addendum No. 4 to the approved Mitigated Negative Declaration, and approving certain modifications to the approved Conditions of Approval to allow the following changes to the approved project: 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 8 of 28  Requiring noise monitoring for the Event Garden at the discretion of the Community Development Director based upon noise complaints, as opposed to twice a year. On November 13, 2018, the City’s Planning Commission adopted P.C. Resolution No. 2018-28, thereby adopting Addendum No. 5 to the approved Mitigated Negative Declaration, and approving certain modifications to the approved Conditions of Approval to allow the following changes to the approved project:  Clarified that the area of the January 13, 2013 Planning Commission-approved plan, which is identified as a “Potential Vineyard Expansion,” may also accommodate a combination of orchards and organic vegetable trees, provided that approval is obtained by the Director of Community Development. Proposed Amendments: As a result of Staff’s analysis and public testimony considered at the April 14, 2020 public hearing, the Planning Commission proposes to amend Condition of Approval No. 57 to reduce the maximum attendance at any event from 300 guests to 250 guests and requiring approval of a Special Use Permit for any event that would generate over 250 guests. The Planning Commission also proposes to amend provisions of the Mitigated Negative Declaration in order to reduce the amount of required parking for the Event Garden from 140 spaces to 112 spaces. Purpose: This Addendum to the previously approved Mitigated Negative 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 Mitigated 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 Mitigated Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project that will required major revisions of the previous Mitigated 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 required major revisions of the previous Mitigated 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 Mitigated Negative Declaration, significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, or mitigation measures or alternatives previously found not to be feasible or not analyzed in the Mitigated Negative Declaration would 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 9 of 28 be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. Findings Regarding the Proposed Project Revisions: The Planning Commission has independently reviewed this item and determined that the proposed modifications to the Conditions of Approval and the Mitigated Negative Declaration do not constitute a substantial change in the approved Point View Master Use Plan, and there have been no substantial changes to the approved project as a result of the 7th Compliance Review and modifications to the Conditions of Approval. Thus, the modifications will not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that were previously identified and analyzed in the approved Mitigated Negative Declaration. Further, no new information was submitted to the City as a result of the 7th Compliance Review, which was not previously known or could not have been previously known at the time the previous Mitigated Negative Declaration was adopted that shows: that there is one or more new, or substantially increased, significant impacts; that new feasible mitigation measures or alternatives exist; or that new considerably different mitigation measures are feasible to reduce the impacts. Therefore, pursuant to CEQA, the Planning Commission finds that the proposed modifications are within the scope of the previously approved Mitigated Negative Declaration that was prepared and adopted in conjunction with the Point View Master Use Plan, which was approved by the Planning Commission on January 8, 2013. As a result, no further environmental review is necessary other than the adoption of this Addendum No. 6. 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 10 of 28 EXHIBIT ‘B’ TO PC RESOLUTION 2020-03 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT & SITE PLAN REVIEW (aka POINT VIEW MASTER USE PLAN) (PLANNING CASE NO. ZON2010-00087 & PLCU2019-0013) General 1. This approval is for the Point View Master Plan, which includes the following components: A. The expansion of agricultural uses on the property for up to 25.5-acres of orchards, vineyards and gardens; B. Development of an executive golf course, comprised of 5 tee locations with 9 holes; C. Provision of a paved internal driveway through the property to connect the cook shack area with Palos Verdes Drive South, and after-the-fact approval of a paved driveway between Narcissa Drive and the cook shack area; D. Improvements to the existing cook shack area of the property, which include a trellis and fountain; and, E. Up to 30 public or private events per year on the property. 2. Within ninety (90) days of this approval, the Applicant and/or property owner shall submit to the City a statement, in writing, that they have read, understand and agree to all Conditions of Approval contained in this approval. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 3. Construction and implementation of the approved project shall substantially comply with the plans originally stamped APPROVED; the mitigation measures, conditions and development standards contained in PC Resolution No. 2013-02 and PC Resolution No. 2013-03; and, the Rancho Palos Verdes Development Code. 4. The Community Development Director is authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same results as would strict compliance with said plans and conditions. Otherwise, all other modifications shall be subject to review and approval by the Planning Commission. 5. All mitigation measures contained in the approved Mitigation Monitoring and Reporting Program (MMRP) contained in Resolution No. 2013-02 for the Mitigated Negative Declaration (MND) shall be adhered to. The mitigation measures are 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 11 of 28 repeated herein under the appropriate subject heading, sometimes with clarifying language that may differ from the MMRP. All costs associated with implementation of the Mitigation Monitoring Program and the conditions contained herein shall be the responsibility of the property owner, and/or any successors in interest. 6. The Conditions of Approval contained herein shall be subject to review and modification, as deemed necessary and appropriate by the Planning Commission at a noticed public hearing held 6-months after the first event on the subject property. At the review hearing, the Planning Commission may add, delete or modify any Conditions of Approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500’ radius from the entire project’s boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 6-month review, the Planning Commission may consider and review compliance with all the Conditions of Approval, assess any lighting and noise impacts, and address any other concerns raised by Staff, the Commission and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the review. 6.a. The Conditions of Approval contained herein shall be subject to an additional review and modification, as deemed necessary and appropriate by the Planning Commission at a noticed public hearing held 6-months after the first “small event” (as defined by condition of approval no. 54.a, below) on the subject property. At the review hearing, the Planning Commission may add, delete or modify any Conditions of Approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500’ radius from the entire project’s boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 6-month review, the Planning Commission may consider and review compliance with all the Conditions of Approval, and address any other concerns raised by Staff, the Commission, property owner and/or interested parties. (Condition of Approval added by the Planning Commission on April 22, 2014) 6.b. The Conditions of Approval contained herein shall be subject to additional reviews and modifications, as deemed necessary and appropriate by the Planning Commission at noticed public hearings to be held in May 2016 and in the fall of the 2016 calendar year. At the review hearing, the Planning Commission may add, delete or modify any Conditions of Approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500’ radius from the entire projects boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 2016 review, the Planning Commission may consider and review compliance with all 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 12 of 28 Conditions of Approval, and address any other concerns raised by Staff, the Commission, the property owner and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the review. (Condition of Approval added by the Planning Commission on October 27, 2015) 6.c. The Conditions of Approval contained herein shall be subject to additional reviews and modifications, as deemed necessary and appropriate by the Planning Commission at noticed public hearings to be held in November 2017, and annually thereafter. At the review hearing, the Planning Commission may add, delete or modify any Conditions of Approval as deemed necessary and appropriate. Notice of said review hearing shall be published and provided to owners of property within a 500’ radius from the entire projects boundary, to persons requesting notice, to all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090. As part of the 2017 review, the Planning Commission may consider and review compliance with all Conditions of Approval, and address any other concerns raised by Staff, the Commission, the property owner and/or interested parties. If necessary, the Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the review. (Condition of Approval added by the Planning Commission on February 28, 2017) 7. Permitted hours and days for all construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code without a special construction permit. 8. Prior to the issuance of any building and/or grading permit, or prior to planting any of the orchards and vineyards (whichever occurs first), a Standard Urban Stormwater Mitigation Plan (SUSMP), as required by the City of Rancho Palos Verdes Stormwater Planning Program (Priority Development & Redevelopment Projects), shall be submitted for review and approval by the City’s NPDES consultant. The cost of the review by the City’s NPDES consultant shall be borne by the Applicant. The SUSMP shall address all components of the project, including the golf course, paved driveways, and agricultural uses. [Mitigation Measure HYD-1 (Water Quality Impacts)] 9. As project construction would disturb one or more acres of soil, all grading activities shall occur in accordance with the City of Rancho Palos Verdes Minimum Best Management Practices (BMPs) for All Construction Sites (Form OC‐1). As required by Form OC‐1, project construction shall occur in accordance with the National Pollutant Discharge Elimination System (NPDES) and shall implement, at a minimum, sediment control, a wet weather erosion control plan (WWECP), hillside BMPs, construction materials controls, non‐stormwater runoff controls, and erosion controls. Further, the 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 13 of 28 project Applicant shall incorporate BMPs as established in the City ‐approved Standard Urban Stormwater Mitigation Plan (SUSMP), as required by the City of Rancho Palos Verdes Stormwater Planning Program (Priority Development & Redevelopment Projects). [Mitigation Measure HYD-2 (Water Quality Impacts)] 10. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to help control runoff from the project site during project construction activities. 11. No grading is allowed, with the exception of: a) tilling of the soil for the agricultural and horticultural uses; and, b) the removal of the gravel and smoothing of the existing driveway for the preparation of the all-weather driveway. 12. No signage is approved or permitted by this permit. However, the Applicant shall post signage that identifies the name and telephone number of a contact person that is available during events for ensuring compliance with the conditions and mitigation measures contained herein. The sign containing the contact information shall not exceed 4 square feet in area. Signs with the contact information shall be posted at visible locations on the access gate at Palos Verdes Drive South and at the access gate at Narcissa Drive. The signs shall be posted prior to the first event. Agriculture 13. A maximum of 25.5-acres of agricultural uses are allowed on the subject property, which includes a combination of avocado orchards, citrus orchards, vineyards, vegetable gardens and olive orchards, in the locations shown on the plan approved by the Planning Commission on January 8, 2013. The area of the plan, which is identified as a “Potential Vineyard Expansion,” may also accommodate a combination of the above referenced agricultural uses and assorted fruit trees, provided approval is obtained by the Director of Community Development. Inclusive in the 25.5-acres of agricultural uses specified in this condition, a 4,000 square foot vegetable garden may be located in an area to the west of the Event Garden area as illustrated in the plans presented to the Planning Commission on March 25, 2014. (Condition of Approval modified by the Planning Commission on April 22, 2014) (Condition of Approval modified by the Planning Commission on November 13, 2018) 14. All agricultural activity, including the picking of fruit, grapes, etc. and soil preparation weeding, etc., shall be limited to the hours between 7:00am and 7:00pm, Monday thru Sunday. Further, no mechanical equipment shall be used for any fruit picking activity. 15. The proposed project shall implement agricultural best‐management practices (BMPs) in accordance with the recommendations in Chapter 3 of the Sonoma County Agricultural Commissioner’s Office Best Management Practices for Agricultural Erosion and Sediment Control. The “Cover Crop” BMPs (e.g., crop cover grass, straw mulch, and fiber rolls) shall be sized so that the width of the BMPs is equivalent to the 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 14 of 28 width of the area to be treated. The “Crop Cover” BMPs shall cover the entire agricultural areas for the orchard and vineyard portions of the project site. For each orchard or vineyard row, the downstream row shall treat the upstream flow. The width of the “Cover Crop” BMPs for the downstream row shall be an equal width to the upstream row that it is treating. The orchard or vineyard row that is furthest downstream shall be treated by the “Cover Crop” BMP area that shall extend the width of the orchard or vineyard row beyond that row, or a minimum of 20 feet if the row separations are less than 20 feet apart. The “Cover Crop” shall also adhere to the following recommendations:  Thick cover crops should be established by October 15 and maintained throughout the rainy season (until April 15).  Broadcast crop cover seeding shall be completed in the fall. In order to have adequate protection by the start of the rainy season (October 15), the seed should be planted by mid‐September. Initial irrigation will be required for most grasses with follow‐up irrigation and fertilization. The cover crop should look like a lawn by October 15 (for new plantings and November 15 for replants) in order to provide adequate protection for the soil during the first heavy rains.  If the cover crop cannot be planted and irrigated by mid ‐September, then the seed may be planted in October and covered with straw mulch applied at the rate of two tons per acre (about 42 bales per acre). The straw should be applied to a point where the soil is no longer visible.  If rain is likely after the cover crop has been tilled and there is no perimeter erosion control, straw mulch shall be used at the rate of two tons per acre (about 42 bales per acre) in areas where cover crops are planted.  Whenever possible, avoid tilling early in the spring or late in the fall.  Minimize tillage practices, especially if slopes are greater than nominal (>5 ‐10%) or if soils are highly erodible.  Do not till turn‐around areas except for the infrequent need to reduce compaction. In this case, promptly cover the soil with straw mulch and replant with a cover crop before the rainy season.  Avoid bringing equipment into the vineyard/orchard during the wet season. Close seasonal roads to traffic and maintain permanent roads to prevent erosion.  Keep on site extra erosion control materials such as straw bales or wattles, gravel or geo‐textile fabric and train vineyard/orchard crews in their proper installation.  If necessary, provide Straw Mulch per California BMP Handbook BMP number EC‐6.  If soil is highly erosive, provide Fiber Rolls per California BMP Handbook BMP number SE‐5. [Mitigation Measure HYD-7 (Water Quality Impacts from Agricultural Uses)] 16. All structural agricultural BMPs shall be accessible for inspection by City personnel during regular business hours. Additionally, all maintenance shall be completed in accordance with the Operations & Maintenance (O&M) for Combination of Cover 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 15 of 28 Crop, Straw Mulch, and Fiber Rolls for Agricultural Areas Including Vineyards and Orchards. [Mitigation Measure HYD-8 (Water Quality Impacts from Agricultural Uses)] 17. All mechanized construction equipment operated at the project site shall be equipped with the most effective noise control devices, i.e., mufflers, lagging, and/or motor enclosures. All equipment shall be properly maintained to ensure that no additional noise, due to worn or improperly maintained parts, would be generated. [Mitigation Measure NOISE-1 (Construction Noise Impacts)] 18. Construction vehicles, to the extent feasible, shall limit operations in areas of the site proximate to residential uses. [Mitigation Measure NOISE-2 (Construction Noise Impacts)] 19. The operation of hand augers for the planting of crops shall not occur within 120 feet of adjacent residential uses. [Mitigation Measure NOISE-3 (Construction Noise Impacts)] 20. Construction and on‐going operational activities shall not result in the removal of coastal sage scrub or disturbed coastal sage scrub as identified in the Biological Resources Assessment published by Natural Resource Consultants, dated September 2003, and updated by PCR Services in 2012. [Mitigation Measure BIO-1 (Coastal California Gnatcatcher Impacts)] 21. To the maximum extent practicable, all construction activities shall be conducted outside of the coastal California gnatcatcher breeding season (February 15 ‐August 30). Should work be conducted or should new phases of construction begin within the breeding season, three pre‐construction surveys shall be conducted by a qualified and permitted biologist within one week prior to initiation of each phase of construction activities and all results forwarded to the US Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG). [Mitigation Measure BIO-2 (Coastal California Gnatcatcher Impacts)] 22. If during the pre-construction surveys, the coastal California gnatcatcher are found to occur within 300 feet of construction activity areas, the survey biologist shall inform the appropriate construction supervisor not to immediately commence such work in that area and shall consult with the US Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures shall be taken to ensure coastal California gnatcatchers are not affected. [Mitigation Measure BIO-3 (Coastal California Gnatcatcher Impacts)] 23. To the maximum extent practicable, all construction activities shall be conducted outside of the white-tailed kite bird nesting season (February 1-August 31). [Mitigation Measure BIO-4 (White-tailed Kite Impacts)] 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 16 of 28 24. Should work be conducted within the white ‐tailed kite breeding season, a preconstruction nesting bird survey shall be conducted to ensure no impacts to white‐tailed kite nests occur with implementation of the proposed project. Should work be conducted within 500 feet of the active nest within the breeding season, the monitoring biologist shall consult with the California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures shall be taken to ensure the active nest is not affected. [Mitigation Measure BIO-5 (White-tailed Kite Impacts)] 25. With respect to the cactus wren, to the maximum extent practicable, all construction activities shall be conducted outside of the nesting bird season (February 1-August 31). [Mitigation Measure BIO-6 (Cactus Wren Impacts)] 26. Should work be conducted within the cactus wren breeding season, in accordance with the Migratory Bird Treaty Act (MBTA), a pre‐construction nesting bird survey shall be conducted to ensure no impacts to cactus wren nests occur with implementation of the proposed project. Should construction work be conducted within 100 feet of the active cactus wren nest within the breeding season, the monitoring biologist shall consult with the California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures should be taken to ensure the active nest is not affected. [Mitigation Measure BIO-7 (Cactus Wren Impacts)] 27. To the maximum extent practicable, all construction activities shall be conducted outside of the Palos Verdes blue butterfly’s flight period (January 15-April 15). [Mitigation Measure BIO-8 (Palos Verdes Blue Butterfly Impacts)] 28. Should construction work be conducted within this period, any coastal sage scrub within 50 feet of the construction activity shall be surveyed for the presence of individual host plants. If found, the host plants will be flagged and focused surveys for the butterfly shall be conducted once a week as long as activities continue in the time period in accordance with the approved survey protocol within all areas of suitable habitat. If the butterfly is found, the monitoring biologist shall consult with the California Department of Fish and Game (CDFG) to determine if work shall commence or proceed during the breeding season; and, if work may proceed, what specific measures shall be taken to ensure the butterflies are not affected. [Mitigation Measure BIO-9 (Palos Verdes Blue Butterfly Impacts)] 29. On-site avocados and olives shall be raised organically and the project shall seek continued certification (CCOF) by the California Certified Organic Farmers for the proposed orchards in order to produce crops without using most conventional pesticides and fertilizers made of synthetic ingredients or sewage sludge. All other crops i.e., grapes, citrus, garden vegetables) shall be grown, to the extent possible, with reliance on the same pesticides, fertilizers, and amendments as the avocados and olives. [Mitigation Measure BIO-10 (Palos Verdes Blue Butterfly Impacts)] 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 17 of 28 30. At no time in the future shall the project, including agricultural activities, be expanded beyond the limits shown in the approved site plan, and at no time shall the proposed project result in any loss of existing coastal sage scrub. [Mitigation Measure BIO-11 (Non-Native Grasslands Impacts)] 31. The 25.5-acres of agricultural uses may be planted in phases over an unspecified period of time. As such, the owner shall submit a plan to the City prior to the planting of each phase illustrating the locations and areas to be planted. The owner shall pay a mitigation fee to the City equivalent to $20,000 per acre of lost non-native grassland prior to planting of said areas. The Director shall monitor the amount of agricultural uses on the property to ensure that not more than a total of 25.5-acres of agricultural uses are planted on the subject property, and that no more than 9.78-acres of non- native grassland are lost. Thus, a total cumulative mitigation fee of $97,800 shall be collected for the 4.89-acres of non-native grassland impacts. [Mitigation Measure BIO-12 (Non-Native Grasslands Impacts)] Golf Course 32. The golf course shall be comprised of a 2.5-acre area, located 500-feet west of the cook shack/event garden area. 33. The golf course shall include the following:  Two (2) greens that shall be irregularly shaped, and shall be limited to a maximum of 400 square feet each.  The putting surface shall be artificial turf (pervious) over sand or dirt.  Small sand bunkers (not more than 200 square feet) shall border the side of each green.  Tees shall be generally located to the north, west, and east of the greens at a range of 25–150 yards from the greens.  Five (5) tee locations, of which four shall be used to drive to each green, creating an equivalent of 9 holes of play.  Each tee shall be limited to an area of 4 feet by 4 feet, and shall be of pervious artificial turf surface.  No grading is allowed, and no habitat shall be disturbed or impacted. 34. The proposed golf course facility shall not include any grading, and the greens and tees shall be constructed with artificial turf. 35. The golf course shall not be open to the general public. The golf course shall only be made available to guests of the landowner or participants in any of the 30 approved events on site. 36. The golf course shall not be operated as an independent commercial venture and no green fees shall be collected. 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 18 of 28 37. Golf course play shall be limited to daylight hours only. No lights may be installed or used in conjunction with the golf course. Paved Driveways 38. Permitted hours and days of construction for the driveway shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through Saturday, with no such activities permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code without a special construction permit. 39. Subject to the satisfaction of the Community Development Director, the portion of the paved internal driveway, between the existing driveway approach along PVDS and uphill to where the property flattens, shall be paved with an earth-tone-colored surface material. [Mitigation Measure AES-1(Driveway Impacts)]. Any future maintenance, alterations, slurry sealing, or the like to the portion of the paved internal driveway described in this condition of approval, shall be presented to the Community Development Director for approval prior to its application to ensure that the finish of the driveway shall not contrast with the surrounding area. (Condition of Approval modified by the Planning Commission on April 22, 2014) 40. The City shall monitor any complaints regarding vehicle lights leaving the project site. If these complaints are determined to be valid, the City shall require the Applicant to plant vegetation, or provide other methods of screening, as part of the 6-month review for the project’s Conditional Use Permit (CUP), and/or the Special Use Permit application process for an event exceeding 300 guests. [Mitigation Measure AES-2 (Vehicle Headlight Impacts)] 41. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an earth tone color approved by the Community Development Director prior to building permit final. 42. To address trash, bacteria, and nutrients (identified by the City as pollutants of concern) that may not be treated effectively by the proposed roadway Vegetated Buffer Strip, institutional controls shall be implemented to guard against stormwater quality impacts. These institutional controls shall include at a minimum, signage discouraging off-trail usage and sweeping the roadway as needed to remove sediment and equestrian waste from the roadway. To ensure that roadway sweeping occurs as frequently as needed, an assessment of roadway and other circulation areas shall be made by the project Applicant after each event and during heavy agricultural usage. If warranted based on this assessment, sweeping and trash removal in the affected areas shall be undertaken immediately. [Mitigation Measure HYD-6 (Water Quality Impacts)] 43. Site surface drainage measures included in the project’s geology and soils report shall be implemented by the project developer during the life of the project. 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 19 of 28 44. In accordance with the project’s operational Standard Urban Stormwater Mitigation Plan (SUSMP), as prepared by Rothman Engineering, the proposed project shall implement a Vegetated Buffer Strip (TC‐31) along the length of the proposed driveway. This Vegetated Buffer Strip will consist of approved vegetation for the length of the driveway with a minimum width of 20 feet per the California BMP Handbook (BMP No. TC‐31). Within the Vegetated Buffer Strip, any bare soil shall be planted with approved vegetation to match the existing vegetation. To ensure that these buffer strips can accommodate areas upstream of the roadway (with the inclusion project’s required agricultural BMPs), the applicability of the buffer strips in these areas should be demonstrated prior to their acceptance and implementation. [Mitigation Measure HYD-3 (Water Quality Impacts)] 45. In accordance with the proposed project’s Standard Urban Stormwater Mitigation Plan (SUSMP), as prepared by Rothman Engineering, the proposed internal driveway shall include trench drains with catch basin filter inserts (KriStar FloGard LoPro Trench Drain Model No. FG-TDOF6 or equal, subject to the approval of the City) to capture and treat all runoff where the driveway’s 1 percent cross-slope is not able to direct the runoff to the vegetated buffer strip (i.e., at either ends of the proposed driveway). These trench drains shall be located at each end of the proposed internal driveway, shall be stenciled with “No-Dumping – Drains to Ocean”, and shall outlet within the Vegetated Buffer Strip. [Mitigation Measure HYD-4 (Water Quality Impacts)] 46. Prior to issuance of any building or grading permit, the City’s NPDES consultant shall review and approve the project to ensure that the project will comply with all applicable requirements for the control and treatment of erosion and run-off from the project site. 47. All structural roadway BMPs shall be accessible for inspection by City personnel during regular business hours. Additionally, all maintenance shall be completed in accordance with the Operations & Maintenance (O&M) for Vegetated Buffer Strips or the O&M for Filter Inserts. [Mitigation Measure HYD-5 (Water Quality Impacts)] 48. In the event that any extra soil results from the preparation process to pave the existing gravel/dirt driveway, the excess soil shall not be spread throughout the site and shall be exported from the project site via a haul route approved by the Director of Public Works. 49. Drainage from the driveway shall be directed away from Narcissa Drive. 50. Landscaping, walls or other site improvements at or near the project driveway at Palos Verdes Drive South shall not obstruct a driver’s clear line of sight, to the satisfaction of the Director of Public Works. 51. The proposed Point View Internal Driveway shall be limited to right-turns in/right-turns out only). [Mitigation Measure TRAF-1 (Driveway Impacts)] 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 20 of 28 52. The project's proposed internal driveway shall be striped so that the flow of driveway traffic is perpendicular to the flow of traffic on Palos Verdes Drive South. [Mitigation Measure TRAF-2 (Driveway Impacts)] 53. Low voltage solar lights, a maximum of 18-inches in height, shall be used to demarcate the paved driveways on the property. Any change to the type of lighting shall be approved by the Community Development Director prior to installation. Cook Shack/Event Garden 54. A maximum of 30 events are allowed annually at the event garden area of the property. An “event” counting towards the 30 event maximum cap is defined as any activity that meets at least one of the following conditions: (a) provides compensation to the property owner; (b) has 20 or more persons in attendance; or, (c) uses amplified sound. (Condition modified by the Planning Commission on April 22, 2014) 54.a. In addition to the quantity and types of events allowed pursuant to Condition of Approval No. 54 above, 20 “small events” are also allowed to occur annually at the Event Garden area, solely for the use by Terranea Resort, by charity organizations, or for private events held by the property owner. A “small event” is defined as any activity that meets all of the following conditions: i. No amplification; no disc jockey; and no live music other than low volume instruments, including but not limited to acoustic or string instruments, such as a harp, violin or guitar; ii. Does not exceed 50 guests, and, iii. Ends no later than 8:00 p.m. 9:30 p.m and all guests shall vacate the property by 8:30 p.m. 10:00 p.m. Further, all workers associated with the event shall vacate the property by 9:00 p.m. 10:00 p.m. iv. Amplified sound is permitted for the 20 small events provided the amplified sounds do not create significant noise impacts to surrounding residential neighbors, and provided the noise levels remain within the limitations established with the initial noise study of the approved Mitigated Negative Declaration. Should any noise impacts occur, the 20 small events shall revert back to the original permitted hours (8:00 p.m.) and no amplified sounds shall be permitted. (Condition of Approval added by the Planning Commission on April 22, 2014) (Condition of Approval amended by the Planning Commission on October 27, 2015) 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 21 of 28 55. A minimum of five events shall be reserved for non-profit organizations or public agencies. (Condition deleted by the Planning Commission on April 22, 2014) 56. Events shall include, fund raising and charity events, private parties, public and community events, weddings and receptions, corporate parties, outdoor conferences, and educational events. 57. Maximum attendance at any event shall be limited to 250 guests (not including event staff, security/safety personnel, etc.). For any event that would generate over 250 people, approval of a Special Use Permit (SUP) by the Community Development Department shall be required in advance of the event. (Condition of Approval modified by the Planning Commission on April 14, 2020) 58. On an annual basis, a report shall be submitted to the Community Development Director by January 15 of each year, which lists all the events conducted during the previous calendar year. The report shall include information regarding each event, the purpose of each event, the number of attendees, and the group/organization/person(s) that hosted each event. 59. The serving and/or consumption of alcohol at events shall be in accordance with any licensing requirements of the California Department of Alcoholic Beverage Control. 60. Vehicular access to the cook shack/event garden area from Narcissa Drive by patrons, event attendees, and any other members of the general public is prohibited. The gate at the entry point along Narcissa Drive shall remain closed when not in use. (Condition of Approval modified by the Planning Commission on April 22, 2014) 61. All exterior lighting shall be in compliance with the standards of Section 17.56.040 of the Rancho Palos Verdes Development Code. 62. Prior to any Building Permit issuance or prior to the first event (whichever occurs first), the Applicant shall submit a final site lighting plan prepared by a lighting consultant, for the review and approval of the Community Development Director. The lighting plan shall include the location, height, number of lights, foot candles by area and, estimates of maximum illumination on site with no spill/glare at the property line. The lighting plan shall also demonstrate that all lighting fixtures on the buildings and throughout the entire project site shall be designed and installed so as to contain light on the subject property and not spill over or be directed toward adjacent properties or public rights-of-way. The light source on each fixture shall be shielded such that the light source is not visible from the public rights-of-way or adjacent properties. 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 22 of 28 63. Installation of temporary ambient lighting is allowed, as needed for individual events. Such lighting shall be removed within 24 hours after the conclusion of the event. 64. When necessary, temporary down lights will be installed in the food preparation area (outside the wall in the patio/barbeque area). These lights will be used for food preparation and clean-up, and shall be turned off within 1-hour after the event or by 10:30 pm, whichever is earlier. One (1) enclosed temporary catering tent is permitted to be installed to protect the food preparation from outdoor elements. The temporary catering tent shall be located along the northwest side of the required sound wall, and shall not be more than 50 feet from the sound wall. Additionally, any scullery shall be confined to the existing outdoor kitchenette on the north side of the sound wall, or in close proximity to the sound wall, between the temporary catering area and the wall. The use of pneumatic hammers, devices or machinery (i.e. air hammers/jackhammers) for the installation and/or securing of the temporary catering tent is prohibited. Tent set-up and tear- down activities shall only occur between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturdays and Sundays. (Condition of Approval modified by the Planning Commission on February 28, 2017) 65. No one light fixture shall exceed 1,200 watts, and the light source shall not be directed toward or result in direct illumination of an adjacent parcel of property or properties other than upon which such light source is physically located. All exterior lighting shall be arranged and shielded so as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on public rights-of-way. 66. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. 67. The Applicant shall treat the face of the existing pony wall to reduce the reflection off of the wall and back towards the residential area as shown in Figure B ‐2. The wall shall be covered with either a permanent or temporary sound absorption panel or blanket prior to any event authorized by the CUP. The sound absorption panel or blanket shall have a Noise Reduction Coefficient (NRC) of 0.75 or greater. The sound absorption panel or blanket sound data shall be submitted to the Community Development Director. [Mitigation Measure NOISE-4 (Operational Noise Impact] 68. Prior to the start of each on‐site event, any disc jockey using amplified sound and/or musicians performing at the project site shall execute an entertainment agreement with the Applicant. This entertainment agreement shall stipulate that, at a minimum:  All amplified performers shall be approved by the landowner or designated representative. 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 23 of 28  All DJs/musicians shall utilize the landowner’s sound system, which include the decorative “rock” speakers and other on‐site fixed speakers, and the pair of QSC‐8 stand‐mounted sound‐minimizing speakers (or similar). The performer shall use all pre‐approved settings and speaker direction.  Within the event garden portion of the landscaped patio/event garden area, the stand‐mounted movable speakers shall be oriented towards the existing pony wall and the top of the speakers shall be no higher than 5 feet above the ground.  The stand‐mounted, sound‐minimizing speakers (QSC‐8 or similar) shall be tilted downward at 7.5 degrees and be directed away from the Portuguese Bend community.  The volume of movable speakers should be set no greater than 6 at the volume controller of the speakers.  DJs shall locate equipment per the landowner’s instructions.  All amplified sound and/or musicians shall be limited to the hours when events are permitted.  DJs and/or musicians shall calibrate sound equipment or musical instruments for low bass and for volumes not to exceed 86 db (a volume setting of 6) at the source.  Musicians shall utilize low‐volume instruments, including but not limited to: acoustic instruments; string instruments (e.g., guitar, banjo, etc.); harp; violin, cello, or similar; string quartet (e.g., trio, duo, etc.); woodwinds (e.g., flute, clarinets, etc.); piano; accordion; tambourine; and singer(s)/choir. No drums shall be used.  The landowner shall retain the right to terminate any amplified music and/or musicians who do not meet the specific performance criteria established in the entertainment agreement. Performers shall be notified that if the terms of the entertainment agreement are violated, that the security deposit will be forfeited and the performers shall vacate the property immediately. [Mitigation Measure NOISE-5 (Operational Noise Impacts)] 69. Event activities at the ceremony lawn area shall not be allowed after 6:00 P.M. and shall not include amplified music. [Mitigation Measure NOISE-6 (Operational Noise Impacts)] 70. All events shall end no later than 9:30 p.m. and all guests shall vacate the property by 10:00 p.m. Further, all workers associated with the event shall vacate the property by 10:30 p.m. An employee of the property owner shall be on-site during evening events to ensure compliance with these Conditions of Approval, including ensuring that all events end and that all patrons and workers leave the property by the times described in this condition. An evening event is any event that begins in the afternoon or later, and is scheduled to end after 7:00 p.m. (Condition of Approval modified by the Planning Commission on February 28, 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 24 of 28 2017) 71. The use of laser lights, strobe lights, flashing lights, or any similar lighting shall be prohibited during all events. 72. A review shall be conducted by a Noise Consultant retained by the City to evaluate the effectiveness of event-related noise mitigation measures at the discretion of the Director of Community Development based on community noise complaints. The Applicant shall submit to the City a Trust Deposit to cover all costs associated with the required noise monitoring reports. The review shall include the results of monitoring by an acoustical consultant approved by the City of noise levels from one or more events expected to have the highest attendance levels (at or near 300 persons) that also includes music. The report shall document compliance with the event-related noise thresholds in the Mitigated Negative Declaration. If the City finds that noise from an event has resulted in the exceedance of any event-related noise threshold(s), the Planning Commission, at a duly noticed public hearing, may require further restrictions on events, including event size, location and operational characteristics. After two years, if the reporting and review process demonstrates on-going compliance to the City’s satisfaction, the Planning Commission may elect to terminate or modify the reporting and review process. [Mitigation Measure NOISE-7 (Operational Noise Impacts)] (Condition of Approval modified by the Planning Commission on February 28, 2017) (Condition of Approval modified by the Planning Commission on November 28, 2017) 73. At least 30-days prior to the first event, the Applicant shall request that the Director or his/her designee conduct an inspection of the site to ensure that there is no spill-over of light onto adjacent properties or cause a negative impact to adjacent properties or public rights-of-way and that the light sources on each fixture is appropriately shielded such that the light source is not visible from the public rights-of-way or adjacent properties. Upon determination by the Director that any installed lighting creates an impact, the property owner shall modify said lighting to the satisfaction of the Director prior to the event. Cultural Resources (MMRP) 74. Prior to the construction of any component of the proposed project, a qualified archaeologist/paleontologist shall be consulted to investigate the potential to preserve in-place Archaeological Sites CA-LAN-1019 and CA-LA-2485 and their associated artifacts within those areas. Such avoidance measure considerations may include relocation or redesign of these two project components, archaeological site burial, vegetation cover of archaeological sites, public access restrictions to archaeological sites, and/or signage. [Mitigation Measure CULT-1 (Archaeological Site Impacts)] 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 25 of 28 75. Should preservation of any of these sites (CA-LAN-1019 and CA-LAN-2485) or other discovered sites be determined infeasible by the qualified archaeologist/paleontologist, a Phase III Data Recovery (salvage excavation) program shall be completed at each of the sites directly impacted by the proposed project. The salvage excavation program would be completed by conducting controlled archaeological excavations to extract any materials or data prior to the start of development. Any archaeological data recovery excavations within these sites shall be focused on areas that will be directly impacted by the proposed project. As such, data recovery excavations shall not be necessary in areas that would not be directly impacted. A Data Recovery Plan (DRP) for controlled scientific excavation and data retrieval should be developed by a qualified archaeologist. The purpose of archaeological data recovery is to gather, through excavation and analysis, the information that made each site significant. The DRP is a research design that outlines the documentary research, field objectives, laboratory analysis, and reporting. The DRP should include the following: a summary of the site, as determined from the Phase I and Phase II investigations; a discussion of the categories of data present on the site that contributed to the determination of significance (e.g., specific artifact categories, features, structural remains, specialized remains such as faunal, etc.); a presentation of background information from the literature that outlines the research topics that will be addressed for the excavation project; a discussion of the field techniques and sampling design needed to recover the types of information that are addressed for the site; an analysis plan that details the specific techniques (e.g., C-14 or other dating methods, botanical identification, lithic and/or micro-wear analysis, geomorphological assessment, etc.) that will gather the data to address the research objectives; procedures for handling human remains, if they are found; plans for public outreach during and/or after excavation; plans for dissemination of important results to lay and professional audiences; and plans for the curation of artifacts and documents associated with the excavation project. The DRP should be consistent with the OHP’s Archaeological Resources Management Reports: Recommended Contents and Format (1989), the Guidelines for Archaeological Research Design (1991), and the Guidelines for the Curation of Archaeological Collections (1993). Additionally, the DRP should be consistent with the Secretary of the Interior’s Standards and Guidelines for Archaeological Documentation. [Mitigation Measure CULT-2 (Archaeological Site Impacts)] 76. Due to the high probability of buried cultural materials or the potential for the Altamira Shale to contain surface paleontological material within the project site, initial ground disturbing activities shall be monitored by a qualified archaeologist/paleontologist. The archaeologist/paleontologist shall have the authority to stop work if sensitive or potentially significant cultural remains, or paleontological resources, are discovered during excavation or ground disturbing activities, and develop a mitigation or avoidance strategy. [Mitigation Measure CULT-3 (Archaeological Site Impacts)] 77. At the commencement of project construction, all workers associated with ground- disturbing activities (particularly remedial grading and excavation) shall be given an orientation regarding the possibility of exposing unexpected archaeological material, 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 26 of 28 cultural remains, or paleontological resources by a qualified by a qualified archaeologist/paleontologist who satisfies the Secretary of Interior’s Professional Qualification Standards for Archaeology (prehistoric/historic archaeology), pursuant to 36 CFR 61. Workers shall be informed on the appearance of archaeological material and fossils, and proper notification procedures by a qualified archaeologist/paleontologist. The archaeologist/paleontologist shall also instruct the workers as to what steps are to be taken if such a find is encountered. [Mitigation Measure CULT-4 (Archaeological Site Impacts)] 78. If archaeological, paleontological, and/or cultural materials are discovered during ground disturbing activity, work will stop in the immediate area and be redirected elsewhere until the archaeologist/paleontologist has evaluated the situation and provided recommendations. Upon such discoveries the archaeologist/paleontologist shall notify the Applicant and the City of Rancho Palos Verdes. The qualified archaeologist/archeologist shall determine the discovery’s significance and, if necessary, formulate a mitigation plan, including avoidance alternatives, if feasible, to mitigate impacts. Work can only resume in that area with the approval of the project archaeologist/paleontologist. Upon discovery of prehistoric archaeological and/or cultural materials, or Native American remains, the project archaeologist/paleontologist shall contact the City and indicate that a Native American of Gabrielino descent be retained to observe and, as directed by the archaeologist/paleontologist, assist in the identification of the resource or human remains. The Native American monitor shall be retained by the Applicant from a list of suitable candidates from the Native American Heritage Commission. [Mitigation Measure CULT-5 (Archaeological Site Impacts)] Geology and Soils (MMRP) 79. The proposed project shall limit irrigation and concentrated groundwater infiltration to the maximum extent feasible to reduce or avoid potential effects on existing landslides. To confirm that groundwater infiltration is being limited successfully, the Applicant shall develop and implement a detailed Vadose Zone Monitoring Program for irrigated areas of the site within the footprint of Ancient Portuguese Bend Landslide Complex. Monitoring soil moisture in the vadose zone would serve as a proxy and early warning for potential changes in the saturated zone. Implementation of this monitoring program will allow for ongoing evaluations of changes in degree of soil saturation within the upper soil layers. Prior to commencing the proposed agricultural operations, the detailed Vadose Zone Monitoring Plan shall be submitted by the property owner to the City for review and approval by the appropriate consultant retained by the City. The monitoring plan shall, at a minimum, establish the location, depth, and type of monitoring equipment, the frequency of data gathering, and the existing soil moisture content. An effective monitoring program shall require a period of baseline monitoring to establish seasonal trends. The cost of the City’s review of the monitoring plan shall be borne by the Applicant. 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 27 of 28 As a performance standard, no increase in soil moisture as a result of irrigation should be allowed at depths greater than 5 feet (60 inches) below ground surface unless a greater depth is established in a technical report submitted by the Applicant and approved by the City. Changes in soil moisture below this depth may indicate that there is potential for groundwater conditions at the site to be affected locally by the operation. In such instance, irrigation should be suspended, and the City geologist shall evaluate conditions and require corrective actions by the Applicant if warranted, including permanent suspension of irrigation in the area, or changes in the type, amount or frequency of irrigation. Monitoring reports of the soil moisture shall be submitted to the City Geologist, a minimum of once quarterly, with potential for adjustment by the City after a year of monitoring is completed. Routine onsite monitoring may be carried out by on‐site staff trained in the use of the identified equipment. [Mitigation Measure GEO-1 (Landsliding Effects)] 80. With the exception of vehicle or pedestrian crossings, all water and irrigation lines within the property shall be above ground to facilitate visual inspection. [Mitigation Measure GEO-2 (Landsliding Effects)] Further, and leaks or breaks in the water and irrigation lines shall be repaired immediately. 81. Prior to the issuance of a building permit by the City’s Building Official, the Applicant shall obtain final approval of the grading and construction plans from the City’s geotechnical consultant. This review shall include analysis of any potential impacts resulting from the former landslide condition on the subject property. The Applicant shall be responsible for the preparation and submittal of all soil engineering and/or geology reports required by the City’s geotechnical consultant in order to grant such final approval. Hazards and Hazardous Materials (MMRP) 82. Prior to approval of grading permits, the Applicant shall obtain a statistically valid number of soil samples from areas of the project site subject to ground-disturbing activities, but not dedicated for agricultural uses. These samples shall be analyzed for the presence of residual pesticides. If significant concentrations of pesticides are found above California Human Health screening levels, the site shall be further assessed and/or remediated in accordance with regulatory requirements. [Mitigation Measure HAZ-1 (Residual Pesticides)] Indemnification 83. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, 01203.0005/641133.1 P.C. Resolution No. 2020-03 Page 28 of 28 administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project.