CC SR 20230117 O - Code Amendment Initiation Landslide Moratorium Exceptions
CITY COUNCIL MEETING DATE: 01/17/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to initiate code amendment proceedings to Exception
Category ‘T’ of Chapter 15.20.040 (Exceptions) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code to allow the construction of swimming pools
in Zone 1 of the City’s Landslide Moratorium Area.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to Exception Category ‘T’ of Chapter
15.20.040 (Exceptions) of Title 15 (Buildings and Construction) of the Rancho
Palos Verdes Municipal Code to consider allowing the construction of swimming
pools in Zone 1 of the City’s Landslide Moratorium Area.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Interim Director of Community Development
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. York Point View Properties, LLC request (page A-1)
B. Chapter 15.20.040 (Exceptions) (page B-1)
C. Ordinance No. 577 (page C-1)
D. Ordinance No. 610 (page D-1)
E. Resolution No. 2020-03 (page E-1)
BACKGROUND AND DISCUSSION:
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code (RPVMC) codifies a moratorium on the filing,
processing, approval or issuance of building, grading or other permits, environmental
assessments, environmental impact reports, conditional use permits, tentative maps or
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parcel maps in the City’s Landslide Moratorium Area. Chapter 15.20.040 (Exceptions)
(Attachment B) of the RPVMC outlines a number of exception categories which the
moratorium is not applicable to.
In February 2016, the City Council adopted Ordinance No. 577 (Attachment C), which
amended Chapter 15.20.040 (Exceptions) to establish Exception Category ‘T’ to allow
residential development with, among other things, square footage and height limitations
within Zone 1 of the City’s Landslide Moratorium Area. In October 2018, the City Council
further amended Exception Category ‘T’ through the adoption of Ordinance No. 610
(Attachment D) to clarify existing code provisions as well as to potentially allow for
residential development up to 26 feet in height through the approval of a Height Variation
Permit.
Exception Category ‘T’ regulations apply to two residential lots, generally referred to as
the Point View and Plumtree properties. At this time, the Plumtree property remains
vacant. The Point View property is improved with existing agricultural orchards and
vineyards, an event center (Catalina View Gardens), and related ancillary site
improvements (Case No. ZON2010-00087).
In June 2018, a Landslide Moratorium Exception Permit (Case No. PLME 2018-0004) was
approved, as required by Exception Category ‘T’ provisions, allowing the submittal of the
appropriate development applications to the Planning Division to consider the
construction of a new, two-story single-family residence, garage, and accessory dwelling
unit (ADU) on the Point View property. Subsequently, in April 2020, the City’s Planning
Commission adopted P.C. Resolution No. 2020-03 (Attachment E) approving, among
other things, the construction of the two-story residence, ADU, and ancillary
improvements. The approved residence and site improvements are currently under
construction.
In September 2022, York Point View Properties, LLC (Applicant) submitted a request to
the Planning Division to amend Chapter 15.20 (Moratorium on Land Use Permits) to
create a new exception category or revise an existing exception category to allow the
construction of swimming pools within Zone 1 of the City’s Landslide Moratorium Area
(Attachment A). Such improvements have not been allowed in this area of the City due to
potential concerns of damaged pools leaking water into the earth below . Any proposed
amendments to existing Exception Category ‘T’ provisions would only apply to the two
properties in Zone 1 of the City’s Landslide Moratorium Area (Point View and Plumtree
properties), while the creation of a new exception category has the potential to apply to
other zones of the landslide area with varying levels of geologic activity.
If the code amendment initiation proceedings are approved, any proposed code updates
would require a complete environmental analysis to assess the significance of impacts as
they relate to, but are not limited to, hydrology, geology, and tribal cultural resources in
the project area. Environmental findings and any associated mitigation measures, along
with monitoring requirements, would be developed and presented for the City Council’s
consideration as part of the code amendment process. The Applicant would be
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responsible for the costs associated with the preparation and/or staff’s review of any
environmental analysis, as such work would most likely be completed by a specialized
consultant team.
Once the draft code amendment text is prepared and the required environmental
assessment is completed, Staff will present the information to the City Council for further
consideration to determine whether an ordinance amending the Landslide Moratorium is
warranted.
CONCLUSION
At this time, Staff recommends the City Council initiate the requested code amendments
proceedings to only Exception Category ‘T’ of Chapter 15.20.040 (Exceptions) of Title 15
(Buildings and Construction) of the RPVMC to allow the construction of swimming pools
in Zone 1 of the City’s Landslide Moratorium Area. With this, Staff will proceed with the
environmental review process and present such findings when the information is
complete for further consideration.
ALTERNATIVES:
In addition to Staff’s recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify specific code criteria within Chapter 15.02.040 that should or
should not be amended.
2. Direct Staff to take no action at this time.
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15.20.040 Exceptions.
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 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(B)(3) of this code;
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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 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
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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 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. 1. The construction of residential buildings, accessory structures, and grading totaling less than 1,000 cubic
yards of combined cut and fill and including no more than 50 cubic yards of imported fill material on
the 16 undeveloped lots in Zone 2 of the "landslide moratorium area" as outlined in green on the
landslide moratorium map on file in the director's office, identified as belonging to the plaintiffs in the
case "Monks v. City of Rancho Palos Verdes, 167 Cal. App. 4th 263, 84 Cal. Rptr. 3d 75 (Cal. App. 2 Dist.,
2008)"; provided, that a landslide moratorium exception permit is approved by the director, and
provided that the project complies with the criteria set forth in Section 15.20.050 (Landslide Mitigation
Measures Required) of this chapter. Such projects shall qualify for a landslide moratorium exception
permit only if all applicable requirements of this code are satisfied, and the parcel is served by a
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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 satis1faction 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 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
percent 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 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.
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 the city attorney and
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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, excluding the square footage of non-habitable accessory structures permitted
through exception categories 'I' and 'S' of Section 15.20.040 (Exceptions) of the city's municipal code,
shall not exceed a maximum combined total of up to 8,000 square feet (habitable and non-habitable
area), including garages and shall be limited to a maximum of 25 percent lot coverage with proper
setbacks from adjacent properties as determined through the neighborhood compatibility analysis
pursuant to Section 17.02.030(B) of the city's municipal code and the city's neighborhood compatibility
handbook. A main residence shall not exceed two stories and shall not exceed a maximum height of 26
feet, through the approval of a height variation permit, pursuant to Section 17.02.040 (View
Preservation and Restoration) of the city's municipal code for any portion of the structure exceeding 16
feet in height and as defined by the zoning code for pad lots. Horse keeping is permitted up to a
maximum of four horses per lot. Such projects shall qualify for a landslide moratorium exception
permit only if all applicable requirements of this code are satisfied, and the parcel is served by a
sanitary sewer system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the city attorney
running with the land and enforceable by city (i) prohibiting future subdivision of said property, (ii)
acknowledging that the city makes no representation as to the suitability of the land for development
and assuming risk, and (iii) providing for trail dedication. The property owner will work with the
director to find a mutually agreeable trail alignment for connectivity to the city's trail system which is
vetted with trail groups and does not impact the developable building site(s). Prior to issuance of a
landslide moratorium exception permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the city
geotechnical staff that the proposed project will not aggravate the existing situation.
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 percent 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 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). 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.
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(Ord. 474 § 23, 2008; Ord. 462 § 7, 2007; Ord. 459U §§ 2, 3, 2007; Ord. 407 § 6, 2004; Ord. 383 § 5, 2002; Ord.
382U § 5, 2002; Ord. 357 § 5 (part), 2000: Ord. 309 § 4 (part), 1995)
(Ord. No. 498, § 6, 9-15-09; Ord. No. 501U, § 6, 12-15-09; Ord. No. 502, § 6, 1-5-10; Ord. No. 526, §§ 2—4, 10-18-
11; Ord. No. 552, § 1, 12-3-13; Ord. No. 573, § 6, 8-4-15; Ord. No. 576, § 6, 12-15-15; Ord. No. 577, § 5, 2-2-16;
Ord. N. 585U, §§ 2—5, 7-19-16; Ord. No. 586, §§ 2—5, 8-2-16; Ord. No. 597, § 4, 8-15-17; Ord. No. 610, § 3, 10-16-
18; Ord. No. 631, § 6, 12-3-19; Ord. No. 633, § 2, 4-7-20)
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ORDINANCE NO. 577
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
AMENDMENTS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER
15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO
ESTABLISH AN EXCEPTION CATEGORY ("T") TO ALLOW RESIDENTIAL
DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA.
WHEREAS, on March 3, 2015, the City Council considered a Code Amendment
Initiation Request (CAIR) to create an exception category that would allow vacant undeveloped
parcels within Zone 1 of the Landslide Moratorium Area to be developed with single-family
residences. After considering the record and public testimony, the City Council directed Staff to
bring back an item on a future agenda to allow the development of one (1) single-family
residence per 25-acre lot through an exception category on properties located within Zone 1;
and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by
incorporating mitigation measures into the Negative Declaration, there is no substantial
evidence that the approval of Planning Case No. ZON2015-00555) would result in a significant
adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was
prepared and circulated for public review for thirty (30) days between December 3, 2015 and
January 11, 2016, and notice of that fact was given in the manner required by law; and,
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, the City Council conducted a public hearing on January 19, 2016, at which
time all interested parties were given an opportunity to be heard and present evidence
regarding the proposed revisions to Chapter 15.20 as set forth in the City Council Staff Report
and Mitigated Negative Declaration; and,
WHEREAS, at its January 19, 2016, meeting, after hearing public testimony, the City
Council adopted Resolution No. 2016-03, making certain findings related to the requirements of
the California Environmental Quality Act (CEQA) and adopting a Mitigated Negative Declaration
and Mitigation Monitoring Program for the proposed project; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the further amendments
to Chapter 15.20 of Title 15 of the Municipal Code.
Section 2: The City Council finds that the amendments to Chapter 15.20 of Title 15
of the Municipal Code are consistent with the Rancho Palos Verdes General Plan in that they
uphold, and do not hinder, the goals and policies of those plans, while limiting the potential
impacts resulting from such use upon landslide movement, soil stability and public safety within
and adjacent to the Landslide Moratorium Area.
01203.0001/282942.1
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Section 3: The City Council further finds that there is no substantial evidence that
the amendments to Chapter 15.20 of Title 15 of the Municipal Code would result in significant
environmental effects or a substantial increase in the severity of such effects. The City Council
considered the Mitigated Negative Declaration prior to making its decision regarding the code
amendments contemplated herein.
Section 4: The City Council further finds that the amendments to Chapter 15.20 of
Title 15 of the Municipal Code will continue to protect the public health, safety, and general
welfare in the area.
Section 5: Based upon the foregoing, Paragraph T of Section 15.20.040 of Chapter
15.20 of Title 15 of the Rancho Palos Verdes Municipal Code is amended to read as follows:
The moratorium shall not be applicable to any of the following:
A. Maintenance of existing structures or facilities which do not increase the land coverage
of those facilities or add to the water usage of those facilities;
B. Replacement, repair or restoration of a residential building or structure which has been
damaged or destroyed due to one of the following hazards, provided that a landslide
moratorium exception permit is approved by the director, and provided that the project
complies with the criteria set forth in Section 15.20.050 of this chapter:
1. A Geologic Hazard. Such structure may be replaced, repaired or restored to
original condition; provided, that such construction shall be limited to the same
square footage and in the same general location on the property and such
construction will not aggravate any hazardous geologic condition, if a hazardous
geologic condition remains. Prior to the approval of a landslide moratorium
exception permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation. The applicant shall comply with any
requirements imposed by the city's geotechnical staff and shall substantially
repair the geologic condition to the satisfaction of the city geotechnical 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 F Rear
r_r,w.......rwr.....:.:.........w.w..:.M.:...:.... .M....w..w.....^....v....xV.._...:.a:...M.:.V...._............M._ .._.............w.V..w:..Mw:.:.....4..:.:H....w......V.. ......A.........r..w.. w.Y,..........A.r........N....... N......H........,..,.
20 5 10 15
2. A Hazard Other Than a Geologic Hazard. Such structure may be replaced,
repaired or restored to original condition; provided, that such construction shall
be limited to the same square footage and in the same general location on the
property and such construction will not aggravate any hazardous condition, if a
hazardous condition remains. Prior to the approval of a landslide moratorium
exception permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the city to demonstrate to the
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satisfaction of the city geotechnical staff that the proposed project will not
aggravate the existing situation. Upon application to the director, setbacks may
conform to the setbacks listed in subsection (B)(1) of this section;
C. Building permits for existing structures which were constructed prior to October 5, 1978,
for which permits were not previously granted, in order to legalize such structure(s).
Such permits may only be granted if the structure is brought into substantial compliance
with the Uniform Building Code;
D. The approval of an environmental assessment or environmental impact report for a
project as to which the city or redevelopment agency is the project applicant;
E. Projects that are to be performed or constructed by the city or by the Rancho Palos
Verdes redevelopment agency to mitigate the potential for landslide or to otherwise
enhance public safety;
F. Remedial grading to correct problems caused by landslide or to otherwise enhance
public safety, performed pursuant to a permit issued pursuant to Section
17.76.040(8)(3) of this Code;
G. Geologic Investigation Permits. Prior to the approval of such a permit, the applicant
shall submit to the director any geological or geotechnical studies reasonably required
by the city to demonstrate to the satisfaction of the city geotechnical staff that the
proposed investigation will not aggravate the existing situation;
H. Minor projects on a lot that is in the "landslide moratorium area," as outlined in red on
the landslide moratorium map on file in the director's office, and currently is developed
with a residential structure or other lawfully existing nonresidential structure and involves
an addition to an existing structure, enclosed patio, conversion of an existing garage to
habitable space or construction of a permanent attached or detached accessory
structure and does not exceed a cumulative project(s) total of one thousand two
hundred square feet per parcel; provided that a landslide moratorium exception permit is
approved by the director and provided that the project complies with the criteria set forth
in Section 15.20.050 and does not include any additional plumbing fixtures, unless the
lot is served by a sanitary sewer system. The one thousand two hundred square foot
limitation on cumulative projects that can be approved on a lot pursuant to this
subsection includes the construction of a new garage, which can be approved pursuant
to subsection L of this section. November 5, 2002, is the date that shall be used for
determining the baseline square footage, based upon city and county building permit
records, for purposes of calculating the square footage of any cumulative project(s) and
of any additions that may be constructed pursuant to this subsection. Minor projects
involving the construction of an enclosed permanent detached accessory structure,
which are located in an area that is not served by a sanitary sewer system, shall include
a requirement that a use restriction covenant, in a form acceptable to the city, that
prevents the enclosed permanent detached accessory structure from being used as a
separate dwelling unit shall be recorded with the Los Angeles County register-recorder.
Such covenant shall be submitted to the director prior to the issuance of a building
permit. Prior to the approval of a landslide moratorium exception permit for such minor
projects, the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
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staff that the proposed project will not aggravate the existing situation;
I. Construction or installation of temporary minor nonresidential structures which are no
more than three hundred twenty square feet in size, with no plumbing fixtures and which
do not increase water use, may be approved by the director. If the lot is served by a
sanitary sewer system, the permit may allow the installation of plumbing fixtures. All
permits shall include a requirement that a use restriction covenant, in a form acceptable
to the city which prevents the structure from being used for any purpose other than a
nonhabitable use, is recorded with the Los Angeles County registrar-recorder. A minor
nonresidential structure is defined as temporary if the Building Code does not require it
to be erected upon or attached to a fixed, permanent foundation and if, in fact, it will not
be erected upon or attached to such a foundation. Prior to approval of the application,
the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation;
J.Submittal of a lot-line adjustment application;
K. Minor projects on a lot that is in the "landslide moratorium area,"as outlined in blue on
the landslide moratorium map on file in the director's office, and currently is developed
with a residential structure or other lawfully existing nonresidential structure and involves
an addition to an existing structure, enclosed patio, conversion of an existing garage to
habitable space or construction of a permanent attached or detached accessory
structure and does not exceed a cumulative project(s) total of one thousand two
hundred square feet per parcel;provided that a landslide moratorium exception permit is
approved by the director and provided that the project complies with the criteria set forth
in Section 15.20.050 and does not include any additional plumbing fixtures, unless the
lot is served by a sanitary sewer system. The one thousand two hundred square foot
limitation on cumulative projects that can be approved on a lot pursuant to this
subsection includes the construction of a new garage, which can be approved pursuant
to subsection L of this section. November 5, 2002, is the date that shall be used for
determining the baseline square footage, based upon city and county building permit
records, for purposes of calculating the square footage of any cumulative project(s) and
of any additions that may be constructed pursuant to this subsection. Minor projects
involving the construction of an enclosed permanent detached accessory structure,
which are located in an area that is not served by a sanitary sewer system, shall include
a requirement that a use restriction covenant, in a form acceptable to the city, that
prevents the enclosed permanent detached accessory structure from being used as a
separate dwelling unit shall be recorded with the Los Angeles County register-recorder.
Such covenant shall be submitted to the director prior to the issuance of a building
permit. Prior the approval of a landslide moratorium exception permit for such minor
projects, the applicant shall submit to the director any geological or geotechnical studies
reasonably required by the city to demonstrate to the satisfaction of the city geotechnical
staff that the proposed project will not aggravate the existing situation;
L.Construction of one attached or detached garage per parcel that does not exceed an
area of six hundred square feet, without windows or any plumbing fixtures, on a lot that
currently is developed with a residential structure or other lawfully existing nonresidential
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structure; provided that a landslide moratorium exception permit is approved by the
director, and provided that the project complies with the criteria set forth in Section
15.20.050. If the lot is served by a sanitary sewer system, the permit may allow the
installation of windows and plumbing fixtures in the garage. The approval of a landslide
moratorium exception permit for such a project shall be conditioned to require that a use
restriction covenant, in a form acceptable to the city, that prevents the garage from
being used for any purpose other than parking of vehicles and storage of personal
property is recorded with the Los Angeles County registrar-recorder. Such covenant
shall be submitted to the director prior to the issuance of a building permit. Prior to the
approval of a landslide moratorium exception permit for such garage, the applicant shall
submit to the director any geological or geotechnical studies reasonably required by the
city to demonstrate to the satisfaction of the city's geotechnical staff that the proposed
project will not aggravate the existing situation;
M. Submittal of applications for discretionary planning permits for structures or uses which
are ancillary to the primary use of the lot or parcel, where there is no possibility of any
adverse impact upon soil stability. Examples of these types of applications include
special use permits for minor, temporary uses and events; fence, wall and hedge
permits that do not involve grading or the construction of retaining walls; permits for the
keeping of large domestic animals and exotic animals; conditional use permits for the
establishment of a use or activity at or on an existing structure where no structural
modifications are required; and such other uses, activities and structures that the city
geotechnical staff determines to have no potential for adverse impacts on landslide
conditions;
N. Minor projects on those lots which are currently developed with a residential structure,
which do not involve new habitable space, which cannot be used as a gathering space
and viewing area, and which do not constitute lot coverage;
0. Permits issued pursuant to Section 15.20.110 of this chapter to connect existing
structures with functional plumbing fixtures to an operational sewer system;
P.The construction of residential buildings, accessory structures, and minor grading (as
defined in Section 17.76.040(B)(1) of the Rancho Palos Verdes Municipal Code) in Zone
2 of the "landslide moratorium area" as outlined in green on the landslide moratorium
map on file in the director's office; provided, that a landslide moratorium exception
permit is approved by the director, and provided that the project complies with the
criteria set forth in Section 15.20.050 of this chapter. Such projects shall qualify for a
landslide moratorium exception permit only if all applicable requirements of this code are
satisfied, and the parcel is served by a sanitary sewer system. If the director of public
works determines that the sanitary sewer system cannot accommodate the project at
the time of building permit issuance, the project shall be connected to a city-approved
holding tank system until such time as the sanitary sewer system can accommodate the
project. In such cases, once the sanitary sewer system becomes available to serve the
project, as determined by the director of public works, the holding tank system shall be
removed, and the project shall be connected to the sanitary sewer system. Prior to the
issuance of a landslide moratorium exception permit, the applicant shall submit to the
director any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed project
will not aggravate the existing situation.
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Q. Non-remedial grading, up to a cumulative maximum total of 50 cubic yards of grading
per legal lot, on lots developed with a residential structure or other lawfully existing non-
residential structure, provided that the grading is balanced on site with no imported
material and provided the appropriate geological or geotechnical studies are submitted
to demonstrate to the satisfaction of the city's geotechnical staff that the proposed
grading will not aggravate the existing landslide situation.
R. The construction of a barn or other similar non-habitable structure(s) used for the sole
purpose of housing animals on lots that are currently legally developed with a residential
structure. Said non-habitable structures shall only be permitted on lots that are served
by a sanitary sewer system, shall not exceed a maximum roofed area of 1,600 square
feet, and shall not count against the 1,200 square foot limitation set forth in Paragraphs
H' and 'K' of this Section. A use restriction covenant, in a form acceptable to the City
Attorney, which prevents the structure from being used for any purpose other than a
non-habitable use for animal keeping, shall be recorded with the Los Angeles County
Registrar-Recorder against the title to said property. Said non-habitable structures shall
be constructed and maintained so that the structure(s), and all interior spaces of said
structure(s), are not fully enclosed and at least one wall along one exterior façade is
open to the air at all times. Prior to approval of an application, the applicant shall submit
to the director any geological or geotechnical studies reasonably required by the city to
demonstrate to the satisfaction of the city geotechnical staff that the proposed non-
habitable structure will not aggravate the existing situation;
S. The installation or construction of a non-habitable storage structure used for the sole
purpose of storing agricultural farming equipment on lots that have obtained a
Conditional Use Permit for the growing of crops and/or fruits on more than one (1) acre
for commercial or non-commercial purposes. Said non-habitable structure(s) shall not
exceed a cumulative maximum square footage or roofed area of 1,600 square feet, shall
only be permitted on lots that are served by a sanitary sewer system, and shall not
count against the 1,200 square foot limitation set forth in Paragraphs 'H' and 'K' of this
Section. A covenant which prevents the structure from being used for any purpose other
than a non-habitable use for storing agricultural farming equipment, in a form approved
by the City Attorney and enforceable by the City, shall be recorded with the Los Angeles
County Registrar-Recorder against the title to said property, prior to Building Permit
issuance. Said structures shall be constructed and maintained as non-habitable
structures and shall be removed if an approved Conditional Use Permit ceases and a
commercial or non-commercial agricultural use no longer remains on said property.
Prior to approval of an application, the applicant shall submit to the director any
geological or geotechnical studies required by the city to demonstrate to the satisfaction
of the city geotechnical staff that the proposed non-habitable structure will not aggravate
the existing situation;
T. The construction of residential buildings, accessory structures, and grading totaling less
than 1,000 cubic yards of combined cut and fill, and including no more than 50 cubic
yards of imported fill material on the two lots in Zone 1 of the "landslide moratorium area"
as outlined in yellow on the landslide moratorium map on file in the director's office;
provided, that a Landslide Moratorium Exception Permit is approved by the director, and
provided that the project complies with the criteria set forth in Section 15.20.050
Landslide Mitigation Measures Required) of this chapter. Residential buildings and
accessory structures shall not exceed a maximum combined total of up to 8,000 square
feet (habitable and non-habitable area), including non-habitable structures such as
garages, sheds, and barns, and shall be limited to a maximum of 25% lot coverage with
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proper setbacks from adjacent properties as determined through the Neighborhood
Compatibility Analysis in ordinance with Section 17.02.030(B) of the City's Municipal
Code and the City's Neighborhood Compatibility Handbook. A main residence shall be
single-story and not exceed a maximum height of 16'-0" as defined by the Zoning Code
for pad lots. Horse keeping is permitted up to a maximum of 4 horses per lot. Such
projects shall qualify for a Landslide Moratorium Exception Permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the City
Attorney running with the land and enforceable by City(i) prohibiting future subdivision of
said property, (ii) acknowledging that the City makes no representation as to the
suitability of the land for development and assuming risk, and (iii) providing for trail
dedication. The property owner will work with the director to find a mutually agreeable
trail alignment for connectivity to the City's trail system which is vetted with trail groups
and does not impact the developable building site(s). Prior to issuance of a Landslide
Moratorium Exception Permit, the applicant shall submit to the director any geological or
geotechnical studies reasonably required by the City to demonstrate to the satisfaction of
the City geotechnical staff that the proposed project will not aggravate the existing
situation.
Section 6: Based upon the foregoing, Section 15.20.050 of Chapter 15.20 of Title 15
of the Rancho Palos Verdes Municipal Code is amended to read as follows:
Within the landslide moratorium area as identified in Section 15.20.020 of this chapter, the city
shall require that appropriate landslide abatement measures be implemented as conditions of
issuance of any permit issued pursuant to this chapter. With respect to proposed projects and
uses requiring a landslide moratorium exception permit pursuant to Sections 15.20.040(B), (H),
K), (L), and (P) and (T) which must satisfy all of the criteria set forth in this section, the
conditions imposed by the city shall include, but not be limited to, the following:
A. If lot drainage deficiencies are identified by the director of public works, all such
deficiencies shall be corrected by the applicant.
B. If the project involves additional plumbing fixtures, or additions of habitable space which
exceed two hundred square feet, or could be used as a new bedroom, bathroom,
laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer
system, septic systems shall be replaced with approved holding tank systems in which
to dispose of on-site waste water. The capacity of the required holding tank system shall
be subject to the review and approval of the city's building official. For the purposes of
this subsection, the addition of a sink to an existing bathroom, kitchen or laundry room
shall not be construed to be an additional plumbing fixture. For those projects which
involve additions of less than two hundred square feet in total area and which are not to
be used as a new bedroom, bathroom, laundry room or kitchen, the applicant shall
submit for recordation a covenant specifically agreeing that the addition of the habitable
space will not be used for those purposes. Such covenant shall be submitted to the
director for recordation prior to the issuance of a building permit. For lots or parcels
which are to be served by a sanitary sewer system on or after the effective date of the
ordinance codified in this section (July 6, 2000), additional plumbing fixtures may be
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permitted and the requirement for a holding tank may be waived, provided that the lot or
parcel is to be connected to the sanitary sewer system. If a sanitary sewer system is
approved and/or under construction but is not yet operational at the time that a project
requiring a landslide moratorium exception permit is approved, the requirement for a
holding tank may be waived, provided that the lot or parcel is required to be connected
to the sanitary sewer system pursuant to Section 15.20.110 of this chapter, or by an
agreement or condition of project approval.
C. Roof runoff from all buildings and structures on the site shall be contained and directed
to the streets or an approved drainage course.
D. If required by the city geotechnical staff, the applicant shall submit a soils report, and/or
a geotechnical report, for the review and approval of the city geotechnical staff.
E. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit
for recordation a covenant agreeing to support and participate in existing or future sewer
and/or storm drain assessment districts and any other geological and geotechnical
hazard abatement measures required by the city. Such covenant shall be submitted to
the director prior to the issuance of a building permit.
F. If the lot or parcel is not served by a sanitary sewer system, the applicant shall submit
for recordation a covenant agreeing to an irrevocable offer to dedicate to the city a
sewer and storm drain easement on the subject property, as well as any other
easement required by the city to mitigate landslide conditions. Such covenant shall be
submitted to the director prior to the issuance of a building permit.
G. A hold harmless agreement satisfactory to the city attorney promising to defend,
indemnify and hold the city harmless from any claims or damages resulting from the
requested project. Such agreement shall be submitted to the director prior to the
issuance of a building permit.
H. The applicant shall submit for recordation a covenant agreeing to construct the project
strictly in accordance with the approved plans; and agreeing to prohibit further projects
on the subject site without first filing an application with the director pursuant to the
terms of this chapter. Such covenant shall be submitted to the director for recordation
prior to the issuance of a building permit.
I.All landscaping irrigation systems shall be part of a water management system
approved by the director of public works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
J.If the lot or parcel is served by a sanitary sewer system, the sewer lateral that serves
the applicant's property shall be inspected to verify that there are no cracks, breaks or
leaks and, if such deficiencies are present, the sewer lateral shall be repaired or
reconstructed to eliminate them, prior to the issuance of a building permit for the project
that is being approved pursuant to the issuance of the moratorium exception permit.
K. All other necessary permits and approvals required pursuant to this code or any other
applicable statute, law or ordinance shall be obtained.
Section 7: Based on the foregoing, Section 15.20.060 of Chapter 15.20 of Title 15 of
the Rancho Palos Verdes Municipal Code is amended to read as follows:
A. Applicants for an exception to this chapter under Sections 15.20.040(B), (H), (K), (L),
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P), and-(Q) and (T) shall file an application for a landslide moratorium exception permit
with the director. The application shall be signed by the property owner, and shall
include the following:
1.A letter, signed by the property owner, setting forth the reason for request, as
well as a full description of the project;
2.Copies of a site plan, showing accurate lot dimensions; the location, dimensions,
and heights of all existing and proposed structures; the location of the existing
and proposed septic systems and/or holding tank systems; and the location of
the existing and/or proposed sanitary sewer system, if the site is or will be
served by a sanitary sewer system. The number of copies required shall be
determined by the director;
3.Information satisfactory to the city's geotechnical staff(including but not limited to
geological, geotechnical, soils or other reports) reasonably required by the city to
demonstrate that the proposed project will not aggravate the existing situation;
4.A fee as established by resolution of the city council;
5.If grading is proposed, a grading plan showing the topography of the lot and all
areas of project cut and fill, including a breakdown of the earthwork quantities.
B. A landslide moratorium exception permit application shall become null and void if, after
submitting the required application to the director, the application is administratively
withdrawn by the director because the application is allowed to remain incomplete by
the applicant for a period which exceeds one hundred eighty days, or if the application is
withdrawn by the applicant.
Section 8: Based on the foregoing, Section 15.20.110 of Chapter 15.20 of Title 15 of
the Rancho Palos Verdes Municipal Code is amended to read as follows:
Any owner of a lot or parcel within the "landslide moratorium area," as outlined in red, and
green or yellow on the landslide moratorium map on file in the director's office, which is
developed with a residential structure or any other structure that contains one or more
operational plumbing fixtures and is served by a sanitary sewer system, as defined in this
chapter, shall connect such structure(s) to the sanitary sewer system within six months after the
commencement of operation of the sanitary sewer system. Either the director or the director of
public works shall determine whether a lot or parcel is served by a sanitary sewer system,
whether a structure contains one or more operational plumbing fixtures, or whether the
connection to the sewer system is performed properly, including, without limitation, removal, or
the discontinuation of the use, of any existing septic system.
Section 9: The amendments to Chapter 15.20, Title 17 of the Rancho Palos Verdes
Municipal Code as identified herein shall apply to all Landslide Moratorium Exception requests
submitted after the effective date of this ordinance.
Section 10: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The
City Council hereby declares that it would have adopted this ordinance, and each and every
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
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fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
Section 11: The City Clerk shall cause this Ordinance to be posted in three (3) public
places in the City within fifteen (15) days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with
proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho
Palos Verdes.
Section 12: This Ordinance shall go into effect and be in full force and effect at 12:01
AM on the 31st day after its passage.
PASSED, APPROVED and ADOPTED this 2nd day of February 2016.
yor
ATTEST:
7 7/Z6a-e,
fal
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 577 passed first reading on January 19, 2016, was duly and regularly adopted
by the City Council of said City at a regular meeting thereof held on February 2, 2016, and that
the same was passed and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Dyda
NOES: None
ABSENT: None
ABSTAIN: None
17"
City Clerk
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FCITYOFRANCHOPALOSVERDES
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk of
the City of Rancho Palos Verdes;
That on February 4, 2016, she caused to be posted the following document entitled:
ORDINANCE NO. 577, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AMENDMENTS TO THE LANDSLIDE MORATORIUM ORDINANCE
CHAPTER 15. 20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO
ESTABLISH AN EXCEPTION CATEGORY ("T") TO ALLOW RESIDENTIAL
DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA,a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
amity Clerk
C-11
ORDINANCE NO. 610
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING EXCEPTION
CATEGORY 'T' CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO EXCLUDE NON-HABITABLE
ACCESSORY STRUCTURES FROM THE MAXIMUM
STRUCTURE SIZE LIMITATION OF RESIDENTIAL
BUILDINGS AND ACCESSORY STRUCTURES WITHIN
ZONE 1 OF THE LANDSLIDE MORATORIUM AREA AND TO
ALLOW RESIDENTIAL BUILDINGS AT A MAXIMUM
HEIGHT OF 26', WITH THE APPROVAL OF A HEIGHT
VARIATION PERMIT (CASE NO. PLCA2018-0001).
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code
establishing 'Exception Category 'T' under Section 15.20.040 (Exceptions) to allow two
parcels within Zone 1 of the Landslide Moratorium Area to be developed with residential
structures (Case No. ZON2015-00555); and,
WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016-
03, making certain findings related to the requirements of the California Environmental
Quality Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP)for the establishment of Exception Category'T' under Section
15.20.040 (Exceptions) to allow two parcels within Zone 1 of the Landslide Moratorium
Area to be developed with residential structures; and,
WHEREAS, on March 7, 2018, the Applicant (York Point View Properties, LLC)
submitted a Code Amendment request (Case No. PLCA2018-0001) to amend Exception
Category 'T' to exempt non-habitable accessory structures, permitted through Exception
Categories 'I' and '5' from the established maximum square footage limitation of 8,000ft2
for residential and accessory structures and to allow two-story residential structures up to
a maximum height of 26' with the approval of a Height Variation Permit; and,
WHEREAS, on September 10, 2018, a courtesy notice announcing the City
Council's review of the proposed code amendment was sent to property owners within
500' of the Point View property located at 6001 Palos Verdes Drive South; and,
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018-
77, finding that pursuant to the provisions of the CEQA, Public Resources Code Sections
21000 et. seq. the State's CEQA Guidelines, California Code of Regulations, Title 14,
Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section
D-1
65962.5(f) (Hazardous Waste and Substances Statement), no evidence that the
proposed Code Amendment to Chapter 15.20 of the Rancho Palos Verdes Municipal
Code, as it relates to Exception Category (`T'), will introduce new significant
environmental effects or substantially increase the severity of the environmental impacts
that previously were identified and analyzed in the certified MND for the adoption of
Exception Category (`T') to Section 15.20.040 (Exceptions) of the Rancho Palos Verdes
Municipal Code. Additionally, the City Council found that the project does not include
changed circumstances or new information, which were not known at the time the MND
was certified, as detailed in Addendum No. 1 of the document, which would require the
preparation of a subsequent environmental analysis pursuant to CEQA; and,
WHEREAS, on October 2, 2018, the City Council conducted a duly noticed public
hearing, considered all testimony and materials in the staff report and accompanying
documents, which were made a part of the public record; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated
into this Ordinance as set forth herein.
Section 2. The City Council of the City of Rancho Palos Verdes hereby finds
that the amendment to Title 15 adopted herein is consistent with the Rancho Palos Verdes
General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals
and policies of those plans. Specifically, the amendment adopted herein will allow for
residential development, which conforms to established requirements and applicable
development standards including lot coverage, building height and setbacks within Zone
1 of the Landslide Moratorium Area and underlying Single-Family Residential (RS-1)
Zoning District.
Section 3. Section 15.20.040(T) (Exceptions) of Chapter 15.20 (Moratorium on
Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes
Municipal Code is hereby amended to read as follows:
The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no more
than 50 cubic yards of imported fill material on the two lots in Zone 1 of the
Landslide Moratorium Area" as outlined in yellow on the landslide moratorium
map on file in the Director's office; provided, that a Landslide Moratorium Exception
Permit is approved by the Director, and provided that the project complies with the
criteria set forth in Section 15.20.050 (Landslide Mitigation Measures Required) of
this chapter. Residential buildings and accessory structures, excluding the square
Ordinance No. 610
Page 2 of 4
D-2
footage of non-habitable accessory structures permitted through Exception
Categories `I' and '5' of Section 15.20.040 of the City's Municipal Code, shall not
exceed a maximum combined total of up to 8,000 square feet (habitable and non-
habitable area), including garages and shall be limited to a maximum of 25 percent
lot coverage with proper setbacks from adjacent properties as determined through
the Neighborhood Compatibility analysis pursuant to Section 17.02.030(B) of the
City's Municipal Code and the City's Neighborhood Compatibility Handbook. A
main residence shall not exceed two stories and shall not exceed a maximum
height of 26 feet, through the approval of a Height Variation Permit, pursuant to
Section 17.02.040 of the City's Municipal Code for any portion of the structure
exceeding 16' in height and as defined by the zoning code for pad lots. Horse
keeping is permitted up to a maximum of four horses per lot. Such projects shall
qualify for a Landslide Moratorium Exception permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the
City Attorney running with the land and enforceable by City (i) prohibiting future
subdivision of said property, (ii) acknowledging that the city makes no
representation as to the suitability of the land for development and assuming risk,
and (iii) providing for trail dedication. The property owner will work with the Director
to find a mutually agreeable trail alignment for connectivity to the City's trail system
which is vetted with trail groups and does not impact the developable building
site(s). Prior to issuance of a Landslide Moratorium Exception permit, the applicant
shall submit to the Director any geological or geotechnical studies reasonably
required by the City to demonstrate to the satisfaction of the City geotechnical staff
that the proposed project will not aggravate the existing situation."
Section 4. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
Section 5. 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.
Ordinance No. 610
Page 3 of 4
D-3
Section 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED and ADOPTED this 16th day of October 2018.
Mayor
ATTE T:
Ala
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. 610 passed first reading on October 2, 2018, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
October 16, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES: Alegria, Cruikshank, Duhovic, Dyda and Mayor Brooks
NOES: None
ABSENT:None
ABSTAIN: None
Aga&--
E
City Clerk
Ordinance No. 610
Page 4 of 4
D-4
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 October 17, 2018, she caused to be posted the
following document entitled: ORDINANCE NO. 610, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, AMENDING EXCEPTION
CATEGORY 'T' CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO EXCLUDE
NON-HABITABLE ACCESSORY STRUCTURES FROM THE
MAXIMUM STRUCTURE SIZE LIMITATION OF RESIDENTIAL
BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1 OF
THE LANDSLIDE MORATORIUM AREA AND TO ALLOW
RESIDENTIAL BUILDINGS AT A MAXIMUM HEIGHT OF 26', WITH
THE APPROVAL OF A HEIGHT VARIATION PERMIT (CASE NO.
PLCA2018-0001), 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 fore.•i • is a true and correct affidavit of
posting.
y Clerk
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01203.0005/641133.1 P.C. Resolution No. 2020-03
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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; a9-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 1st 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 2nd 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 4th 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
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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,
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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
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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:
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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
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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:
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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
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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.
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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
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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
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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
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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
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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
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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 nestingseason (February 1-August 31). [Mitigation
Measure BIO-4 (White-tailed Kite Impacts)]
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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)]
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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.
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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.
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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)]
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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)
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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 soas 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.
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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.
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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,
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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)]
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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,
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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.
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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,
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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.
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