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CC SR 20230321 01 - Portuguese Bend DEIR PUBLIC HEARING Date: March 21, 2023 Subject: Consideration and possible action to receive public comments on the Draft Environmental Impact Report for the Portuguese Bend Landslide Remediation Project. Recommendation: (1) Conduct a public hearing to receive public comments on the Portuguese Bend Landslide Remediation Project Draft Environmental Impact Report. 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Ferraro 3. Request for Staff Report: Mayor Ferraro 4. Staff Report & Recommendation: Ramzi Awwad, Public Works Director 5. Council Questions of Staff (factual and without bias): 6. Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. 7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Ferraro 8. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 9. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additi onal testimony; continue the matter to a later date for a decision. CITY COUNCIL MEETING DATE: 03/21/2023 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to receive public comments on the Draft Environmental Impact Report for the Portuguese Bend Landslide Remediation Project RECOMMENDED COUNCIL ACTION: (1) Conduct a public hearing to receive public comments on the Portuguese Bend Landslide Remediation Project Draft Environmental Impact Report. FISCAL IMPACT: There is no fiscal impact associated with conducting the Public Hearing. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Ramzi Awwad, Public Works Director REVIEWED BY: Same as above APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Portuguese Bend Landslide Remediation Project Draft EIR (document and appendices at this link). B. Mitigation and Monitoring Report Program (MMRP) C. December 19, 2020 Staff Report- Portuguese Bend Landslide Remediation Project Environmental Impact Report Scoping (at this link). D. December 17, 2019 Staff Report- Portuguese Bend Landslide Remediation Project Preliminary Design (at this link). E. August 7, 2018 Staff Report- Portuguese Bend Landslide Remediation Updated Feasibility Study (at this link). F. Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) (at this link) BACKGROUND: Feasibility Study In the spring of 2017, the City Council appointed then-Mayor Pro Tem Jerry Duhovic and then-Council Member Ken Dyda to a subcommittee to identify possible solutions or 1 strategies to remediate the Portuguese Bend Landslide (PBL). This subcommittee was formed to begin a collaborative process with community stakeholders and professional experts from D.B. Stephens & Associates on identifying possible engineering solutions to remediate the PBL. Additionally, to provide a forum for stakeholder involvement, the City Council convened a committee of concerned residents to chart a path toward significantly reducing movement of the PBL. A series of four public workshops were held to elicit the best ideas from the community, and to seek input on goals and possible solutions to remediate the PB L. Approximately 20-30 residents attended each of these workshops and participated in the process. Considering input at these workshops, the City commissioned the Portuguese Bend Landslide Remediation Feasibility Study (Feasibility Study) to identify and select a conceptual solution to significantly reduce landslide movement. On January 16, 2018, Staff presented the City Council with a draft Feasibility Study, and on June 18, 2018, a public workshop was conducted to provide residents with a summary of the Feasibility Study and answer their questions. On August 7, 2018, Staff presented the City Council with the Updated Feasibility Study (Attachment D). The City Council then authorized Staff to move forward with design of the PBL Remediation Project (Project). On December 17, 2019, following meetings with the Palos Verdes Peninsula Land Conservancy (PVPLC) and other community stakeholders, Staff presented to the City Council the proposed preliminary design for the PBL Remediation Project (Attachment C). After considering public testimony, the City Council accepted the proposed plan and directed Staff to proceed with preparing the environmental documents required by the California Environmental Quality Act (CEQA). On May 19, 2020, the City entered into a professional services agreement (PSA) with Chambers Group Inc. (Chambers) for preparation of environmental documen ts. Chambers first prepared an Initial Study (IS), which concluded that an Environmental Impact Report (EIR) was necessary to meet CEQA requirements. On December 19, 2020, the City Council conducted a public hearing to receive public comments regarding the issues to be addressed in the EIR (Attachment B). As a result, the EIR was scoped to study the following based on the project description and objectives: • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Noise 2 • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems • Wildfire Environmental Impact Report The purpose of an EIR is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated to a less than significant level or avoided. The City is the lead agency for the Project and therefore has the authority for preparation of a Draft EIR (DEIR) and, after the comment/response process, certification of the Final EIR. The DEIR evaluates and mitigates a reasonable worst-case scenario of potential impacts associated with the proposed project. It is an informational document for the lead agency and other public agencies, the general public, and decision makers regarding the potential environmental impacts from construction and operation of the proposed project. CEQA requires the lead agency to consider the information contained in the EIR prior to taking any discretionary action. Certification of an EIR does not render the project approved. The purpose of the public review of the DEIR is to evaluate the adequacy of the environmental analysis in terms of compliance with CEQA. The standards from which adequacy is judged, per CEQA Guidelines, is that the EIR is prepared with a sufficient degree of analysis to provide decisionmakers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among experts. In summary, EIRs are intended to provide an objective, factually supported, full-disclosure analysis of the environmental consequences associated with a proposed project that has the potential to result in significant, adverse environmental impacts. Chambers concluded its work by delivering the technical studies to be used in developing the EIR. The technical studies are included in the DEIR as appendices/supporting documents (Attachment A). On February 15, 2022, the City retained Hout Engineering (Hout), to provide program management services for various projects associated with the Portuguese Bend area landslides, including peer review of the EIR. On October 4, 2022, the City Council retained LSA Associates, Inc. (LSA) to prepare the DEIR, and subsequently the Final EIR for certification by the City Council. The DEIR was released on February 9, 2023 for public review and comment for a 64-day period through April 14, 2023. CEQA requires a comment period of no less than 30 days and not longer than 60 days except under unusual circumstances. The City elected to 3 give 60 days to allow maximum public participation. However, because the 60th day would be the day following Easter and might exclude some persons from commenting, the City extended the comment period a few days beyond the 60 days. This evening, as part of the public comment process, the City Council is holding a public hearing to receive comments from interested parties, and to provide their own comments if desired. After the public review period ends, LSA will review the comments, respond to them and make final revisions to the report. A Final EIR will go before the City Council for certification at a future meeting, likely in summer 2023. DISCUSSION: Project Objectives The City established the following project objectives for the PBL Remediation Project that will aid decisionmakers in their review of the project and its associated environmental impacts: • Identify geotechnical engineering solutions that are environmentally sensitive; will substantially reduce the risk of damage to public and private property (including residences); and would allow for the significant improvements of roadway and infrastructure, safety, and stability projects. • Reduce substantial human health risk and improve public safety. • Reduce the likelihood of major landslide movement that would drastically impact and could sever sewer trunk lines along Palos Verdes Drive South and cause effluent discharge into the ocean, resulting in regional impacts to the marine and terrestrial ecosystem. • Reduce the likelihood of major landslide movement that would damage and render a major arterial street, Palos Verdes Drive South, unusable, potentially leading to major detours, additional vehicle emissions associated with additional miles traveled, major disruptions to traveling motorists, and loss of productivity throughout the City of Rancho Palos Verdes and its surrounding communities. • Reduce the likelihood of surface fractures that would damage and fragment sensitive species habitat, thereby enhance native vegetation in the Preserve. • Alleviate artesian water pressure below the PBL area, which is believed to be a major contributing factor to landslide movement and control major surface water runoff. • Reduce discharge of substantial sediments and associated pollutants into the Pacific Ocean that contribute to negative impacts on the coastal and marine environments. • Select remedy options that are consistent with the natural visual characteristics of the surrounding Preserve. Project Description The project site is located along the south section of the City and consists of approximately 206 acres within the overall approximately 750-acre landslide complex (project site). The project site includes approximately 104 acres of land located within the City-owned Palos Verdes Nature Preserve (Preserve), specifically within the Portuguese Bend and Abalone Cove Reserves within the Preserve. 4 Surrounding the project site are residential uses that include the Portuguese Bend Beach Club to the south, the Portuguese Bend Community Association to the west, and the Seaview neighborhood to the east. East of the project site is Klondike Canyon and directly north is the Portuguese Bend Reserve, followed by additional residential uses. The southern portion of the project site can be accessed via Yacht Harbor Drive/Seawall Road, a private road within the Portuguese Bend Beach Club community. The Pacific Ocean is located to the south of the project site. Several residences exist adjacent to the northwestern boundary of the project site. Many neighborhoods are affected by this landslide, such as the Portuguese Bend Community Association and the Portuguese Bend Beach Club. The exhibit below is Figure 3-2 from the DEIR. The yellow outline is the project area and the green shaded area is the Portuguese Bend Reserve. 5 The proposed preliminary design consists of three remediation measures that can be constructed all at once or be phased depending on factors, such as funding availability. The Project components — preventing groundwater infiltration, diverting stormwater, and extracting groundwater — will greatly reduce ground movement and the risk of a sudden event. The DEIR identifies three construction components that should be implemented to achieve the maximum reduction in ground movement: 1. Surface Fracture Infilling: PBL movement is manifested, in addition to lateral displacement, by surface settlement and cracking. Multiple fractures are present, and most are observable throughout the project site. A surface fracture can be defined as a long, narrow crack opening observable at the ground surface. Surface fractures are induced by landslide movement and once formed, can be extended and eroded by stormwater runoff. They can be hazardous to people living on or near the affected surfaces and damaging to property and infrastructure, as well as to the general public visiting the area and utilizing the trails in the Preserve. The fractures increase erosion and disrupt native habitat. The existing surface fractures within the project site are a few feet wide, and some are as deep a s 15 or more feet. These fractures collect stormwater runoff that discharges into the ground. The stormwater runoff enters the fractures, where it percolates into the ground and becomes part of the groundwater, which exacerbates landslide movement. The surface fracture infilling will control stormwater runoff infiltrating the ground and will help in solving one aspect of the landslide movement. The infilling of the surface fractures (shown on Figure 3-6, Surface Fracture Infilling Locations) with appropriate materials (such as bentonite chips and/or soil) will minimize direct uncontrolled stormwater infiltration, which currently percolates into the groundwater. The exhibit on the next page is Figure 3-6 from the DEIR. The area outlined in yellow is the project area, and the red lines generally show the surface fracture infilling locations. 6 7 2. Surface Water Improvements and Drainage System : The proposed project considers installing new surface water drainage improvements and refurbishing existing pipes to minimize the soil erosion loss and stormwater ponding and infiltration that contributes to landslide movement. These surface water improvements are described and shown in the exhibit below which is Figure 3-7 from the DEIR. The project area is outlined in yellow; the flow reduction (detention basin) area is shown in light blue; the engineered vegetated natural swales are shown in dark blue; and the underground pipes are shown in black. 8 Natural vegetated swales will be installed to collect surface water runoff, convey it to a new flow reduction (detention basin) area, and then through a pipe to be rehabilitated underneath Palos Verdes Drive South conveyed to the Pacific Ocean. The vegetated swales are a nature-based approach consistent with the sensitive natural habitat and vegetation in the Preserve. These improvements will manage runoff and not allow it to pond or infiltrate into the ground, therefore minimizing the consequences of rainwater aggravating or accelerating landslide movement. Swales are designed to manage surface stormwater runoff and can be described as shallow channels with gently sloping sides. The proposed project would install a network of surface drainage swales that extend south from Burma Road and traverse through the project site. The drainage swales have been designed to be vegetated ranging from a width of 2 to 10 feet at the bottom and a width of 14 to 26 feet at the top. The surface drainage swales would convey surface runoff from the northern limits of the project site, connect to a new flow reduction area, and travel south underneath Palos Verdes Drive South to the Pacific Ocean. The surface drainage swales would be designed to be visually complementary to the surrounding setting of the Preserve and lined with context-sensitive vegetation instead of concrete. Erosion control measures, such as geocells and/or riprap will be implemented within swales. The designs will be consistent with restoration requirements outlined in the City’s Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) and other resource/regulatory review requirements. The swales will be planted with native vegetation and the Palos Verdes Land Conservancy will be consulted regarding the plant pale tte along with the source of plants/seeds. Surface Drainage Swale Concept 9 3. Hydrauger Systems: Hydraugers will be installed to extract groundwater, relieving artesian water pressure on the landslide and reducing lubrication of the landslide soils. These drains will be advanced by directional drilling rather than vertical drilling, which is susceptible to shearing from landslide movement. The collected water will be tested for quality prior to discharging it to the ocean. A groundwater extraction system of horizontal pipes, or hydraugers, would be installed to alleviate artesian water pressure below the PBL, which is believed to be the main contributor to landslide movement. The approximate locations of the hydraugers are shown on Figure 3-9, Hydrauger Locations. Where possible, hydraugers would be installed below the side plane to avoid shearing off by landslide movement. Water will exit by controlled pressure flow and/or gravity flow and will be routed through a storm drain system into the Pacific Ocean. The two hydraugers located within the northern portion of the project site (A2 and A3) will be installed horizontally, beneath the active movement zone of the landslide. The horizontal hydraugers are advanced on a slightly upward slope to promote gravity flow to alleviate artesian water pressure underground. The other three hydraugers in the southern portion of the project site (A1, A5, and A6) will be installed directionally (following the contour of the basal sliding plane). Within the PBL, the hydraugers will be installed sequentially, in fan-shaped patterns. They will extend within City-owned right-of-way or property. The ultimate size of the hydraugers would depend on field conditions (groundwater yield). Depending on site conditions, hydrauger length might reach up to 1,200 feet with a diameter of up to 6 inches. The hydrauger depth will vary, with the deepest points reaching up to 400 feet below ground surface. The exhibit on the next page is Figure 3-9 from the DEIR. The project area is shown in a yellow outline; the hydraugers are show with red lines in a fan pattern; the orange squares indicate the hydraugers are horizontally drilled; and the green square indicate the hydraugers are directionally drilled. 10 11 The ground water extraction system will utilize pumps (either electric or gasoline powered) to pump the artesian water from beneath the surface to ground level. The pumped water will be stored, tested, and discharged appropriately for the best use of the underground water. During final engineering, the pumps will be designed and specified in the project construction documents. The hydrauger system of extracting underground water in active landslide areas has been successfully implemented for several years in the United States and abroad, including as close as White Point in San Pedro and Malibu near the Big Rock area. The City will ensure that the project will receive a tailored design specific to the site conditions. The exhibits below (courtesy of others) are examples of the hydrauger system illustrating its installation and operation in a landslide area. The three project components will be constructed on City/public property . Therefore, permanent easements will not need to be acquired. Construction will take place outside of the mean tide line that will streamline the California Coastal Commission (CCC) permit/approval if needed. The Ransome Construction Co. began installing horizontal drains in the Oakland Hills in 1940, and others began using them along the Pacific Coast Highway in Santa Monica (shown here) a few years later. 12 Project Impacts During the Project’s scoping process and earlier public comments, areas of concern included impacts the project might have on the aesthetic value in the Preserve, minimizing biological impacts, erosion of topsoil, and recreational accessibility. The DEIR address es each of these areas as well as additional topics. The DEIR identified no significant effects on agriculture and forestry resources, mineral resources, population and housing, and public services. All remaining environmental issues analyzed in this DEIR were determined to result in less than significant impacts or can be reduced to less than significant levels with the incorporation of mitigation measures (Attachment B). Environmental topics analyzed in the DEIR include: 1. Aesthetics 2. Air Quality 3. Biological Resources 4. Cultural Resources 5. Energy 6. Geology and Soils 7. Greenhouse Gas Emissions 8. Hazards and Hazardous Materials 9. Hydrology and Water Quality 10. Land Use and Planning 11. Noise 12. Recreation 13. Transportation 14. Tribal Cultural Resources 15. Utilities and Service Systems 16. Wildfire Following is a summary of each of the topics addresse d in the DEIR: 1. Aesthetics: This DEIR section provides a discussion of the existing visual and aesthetic resources in the project site and in the surrounding area and evaluates the potential for changes in visual character that could result from implementation of the Project. This section also evaluates the potential loss of existing visual resources, effects on public views and compatibility with existing uses. The proposed project would not degrade the character or quality of the project site, nor would it contribute to an overall degradation of the visual character or quality of the surrounding area. Construction of the project would prevent the hillside from eroding into the ocean, which would provide long-term improvements for the visual character of the area. Further, the proposed landslide remediation is consistent with all applicable General Plan goals and policies governing aesthetics and scenic quality. The proposed project would also be consistent with all applicable zoning regulations governing aesthetics and scenic quality on the property. 13 Therefore, the proposed project would not substantially degrade the visual character of the project site or conflict with applicable zoning and other regulations governing scenic quality, and no mitigation would be required. 2. Air Quality: This DEIR section discusses existing air quality, summarizes existing air quality regulations, and evaluates potential air quality impacts associated with the proposed project. This section also summarizes the pertinent information and findings provided in the Air Quality, Energy, and Greenhouse Gas Emissions Analysis. Air pollution is inherently a cumulative impact measured across an air basin. The DEIR includes an analysis of the proposed project’s contribution to cumulative air impacts. The incremental effects of projects that do not exceed the project-specific thresholds are generally not considered to be cumulatively considerable per the South Coast Air Quality Management District (SCAQMD) guidelines. The proposed project’s construction-related regional daily emissions are less than the SCAQMD significance thresholds for all criteria pollutants. In addition, adherence to SCAQMD rules and regulations would substantially reduce potential impa cts associated with the related cumulative projects and Basin-wide air pollutant emissions. Therefore, the proposed project would not have a cumulatively considerable increase in emissions, the proposed project’s cumulative air quality impacts would be less than significant, and no mitigation is required. 3. Biological Resources: This DEIR section provides a discussion of the existing biological resources within the boundaries of the proposed project site and provides an analysis of potential impacts to biological resources from implementation of the project. Where impacts are identified, mitigation measures pursuant to CEQA, the state and federal Endangered Species Acts (CESA and FESA, respectively), the City’s Natural Communities and Conservation Plan/Habitat Conservation Plan (NCCCP/HCP) and other pertinent regulations are recommended. The Biological Survey Area footprint is approximately 206.5 acres, of which 104 acres are in the Portuguese Bend Reserve and Abalone Cove Reserve; all biological resources were noted and mapped. Noted vegetation within the Biological Survey Area includes the following: • Coastal Sage Scrub – Undifferentiated • Coastal Sage Scrub – Rhus-Dominated • Saltbrush Scrub • Disturbed Vegetation • Exotic Woodland • Developed • Rocky Shore 14 Six soil types are known to occur withing and/or adjacent to the site: • Haploxerepts Soil (10-35% slopes) • Zaca-Ballast Complex (10-50% slopes) • Urban Land-Filiorum Complex (2-9% slopes) • Urban Land-Dapplegray Complex (5-20% slopes, terraced) • Urban Land-Dapplegray Complex (20-55% slopes) • Beaches and Rocky Soils Special-status plants that have a moderate potential to occur within the Biological Survey Area: • Coulter’s Saltbush (Atriplex coulteri) • Island Green Dudleya (Dudleya virens subsp. insularis) • Parish’s Brittlescale (Atriplex parishii) • Mesa Horkelia (Horkelia cuneata var. puberula) • Brand’s Star Phacelia (Phacelia stellaris) Special-status plants that have a high potential to occur within the Biological Survey Area: • Aphanisma (Aphanisma blitoides) • South Coast Saltscale (Atriplex pacifica) • Santa Catalina Island Desert-thorn (Lycium brevipes var. hassei) Special-status animals that have a moderate potential to occur within the Biological Survey Area: • Coast Horned Lizard (Phrynosoma blainvillii) Animal species that have a high potential to occur within the Biological Survey Area: • San Diego Desert Woodrat (Neotoma lepida intermedia) • Palos Verdes Blue Butterfly (Glaucopsyche lygdamus palosverdesensis) • Coastal California Gnatcatcher (Polioptila californica californica) Three National Wetlands Inventory mapped bluelines and National Hydrography Dataset streams occur within the Biological Survey Area. All three drainages are ephemeral; they only support surface flows during and immediately after rain events. No potential wetlands or riparian habitat areas were observed within the Biological Survey Area. The methodology included a literature review and records search to identify the existence and potential for occurrence of sensitive or special-status plant and animal species in the project vicinity. Federal and state lists of sensitive species were also examined. In addition to the database searches, historic and current aerial imagery, soil maps for Los Angeles County, the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey, and regional HCPs and local land use policies related to biological resources were reviewed. 15 After the literature review and records search, a general project site biological reconnaissance survey (field investigation) was conducted. The entire project site was surveyed on foot, and all biological resources were noted and mapped. Suitable habitat for any species of interest or concern was duly noted, and general site conditions were photographed. A delineation of potential jurisdictional aquatic resource areas within the project site was conducted by qualified biologists. Plants: No special-status plants have been determined to be present on the project site. While special-status plant species are not expected within the project impact areas, a mitigation measure requires an appropriately timed, focused plant survey, which should be conducted within the final project work areas in May/June to capture the appropriate blooming periods for these species. Pursuant to the City’s NCCP/HCP, if an existing population will be impacted by projects or activities that are covered by the NCCP/HCP, a habitat restoration plan will be prepared and implemented in accordance with the appropriate regulations. There is a potential for temporary indirect effects to water quality during construction, which could lead to habitat degradation. However, implementation of regulatory compliance measures and mitigation measures would effectively mitigate potential impacts on special-status wildlife plant and animal species to less than significant levels. A total of three ephemeral drainages vegetated with upland plant species (e.g., nonwetland, nonriparian) were delineated within the Biological Survey Area. In addition, upland-vegetated swales, existing corrugated metal pipes, and culverts were also delineated. No vernal pools, wetlands, or riparian habitats were identified within the Biological Survey Area, and the project would not impact any of these resources. Wetlands: There are no state or federal wetlands within the Biological Survey Area. Additionally, based on the current design, the proposed swale feature is approximately 20 feet wide, with 10 feet of temporary impacts on either side of the feature, for a total of 40 feet. Temporary work areas outside of the geocell limits of the proposed swale feature (but within the construction disturbance limits) will be covered with biodegradable erosion control matting and hydroseeded with native vegetation after grading activities. Overall, the proposed project features that will be implemented at the project site will assist with stabilization of slopes and drainages, along with conversion of pipe culverts to open swales. This will ultimately benefit the native habitats in the area, which are being disturbed by the landslide and associated alteration of drainages, erosion, and more. Wildlife: There are no designated wildlife corridors or wildlife nurseries on the project site where landslide remediation and associated drainage improvements are proposed. Given the project site’s isolated and disturbed nature, the site most likely minimally serves as an important corridor for animals moving locally, regionally, or in broader migrations. Migratory bird species may utilize the project site for foraging. However, the usage is likely transient and limited to species that forage over open grassland areas. Additionally, the project site does not possess any characteristics that would indicate a locally significant stopover point for migratory species, including raptors or waterfowl. No known wildlife movement corridors occur within the project site. Further, the project would not place any 16 permanent barriers to wildlife movement within any corridors, nor would it permanently disrupt or impede the movement of any wildlife species within the project area. The wildlife species that occur in the project vicinity and utilize the project area as a movement corridor are adapted to the urban-wildland interface, and the project would not introduce new effects to the area. The noise, vibration, light, dust, or human disturbance within the construction areas would only temporarily deter wildlife from using areas in the immediate vicinity of construction activities. These indirect effects could temporarily alter migration behavio rs, territories, or foraging habitats in select areas. However, because these are temporary effects, it is likely that wildlife already living and moving in close proximity to urban development would alter their normal functions for the duration of the project construction and then reestablish these functions once all temporary construction effects have been removed. Nevertheless, the project site contains suitable nesting habitat for ground-nesting birds and for other birds that are protected under the Cal ifornia Fish and Game Code. The proposed project has the potential to impact active native bird nests if construction or demolition activities occur during the nesting and flight season. Therefore, vegetation clearing activities should be conducted outside the bird breeding seasons (February 15- August 31) to minimize the overall impact to listed species, nesting habitat, host plants, and/or nectar sources. Mitigation measures require a qualified biologist to conduct preconstruction surveys for the Californ ia gnatcatcher if construction occurs within its breeding season. Mitigation measures require pre-construction surveys for the host plant in all suitable habitat within the proposed project impact areas. With implementation of these mitigation measures, potential impacts to nesting birds would be less than significant. The PBL Remediation project is a covered project under the City’s NCCP/HCP; which is a regional planning document, the goal of which is to allow appropriate development/projects to take place while providing regional protection of sensitive species and their habitats. The Project is located within the designated boundaries of the NCCP/HCP, and each proposed Project component falls within a covered activity under the NCCP/HCP. Specifically, the Project components fall under the following covered activities: • Landslide Abatement Measures (Section 5.2.3 of the NCCP/HCP), • Dewatering Wells (Section 5.2.2 of the NCCP/HCP), and; • Miscellaneous Drainage Repair in Landslide Areas (Section 5.2.4 of the NCCP/HCP). Collectively, these covered activities authorize up to 12.5 acres of permanent impacts to coastal sage scrub (CSS) habitat within the Preserve. The maximum CSS acreage that will be permanently impacted by the Project is 6.34 acres, which is within the City’s remaining take allowances for each NCCP/HCP covered activity. Permanent impacts to CSS associated with the project have therefore been pre-mitigated by the establishment and management of over 1,500 acres of 17 NCCP/HCP Preserve lands. Table 5-1 of the NCCP/HCP shows the total habitat loss allowed for each included City project. Impacts to habitat within the City-owned Palos Verdes Nature Preserve must be avoided and minimized consistent with Section 5.5 of the NCCP/HCP. The plan ensures appropriate definition of temporary and permanent impacts to native vegetation and provides a clear definition of how project components could hinder restoration of native habitat. For example, introduction of impervious surfaces into a natural landscape and the fracture filling may alter surface flow patterns and lead to localized erosion around the filled fractures, which may damage surrounding vegetation. Therefore, strict adherence to the NCCP/HCP ensures the best possible outcome. The proposed project and all related projects are required to adhere to City regulations designed to reduce and/or avoid impacts related to biological resources. Mitigation measures have been added to alleviate any long -term impacts. With compliance with these mitigation measures and regulations, impacts related to biological resources would be less than cumulatively significant. Therefore, implementation of the proposed project would not result in a significant cumulative impact related to biological resources. 4. Cultural Resources: This DEIR section evaluates the potential for the proposed project to impact cultural resources. Cultural resources are prehistoric and historic archaeological artifacts, features, and sites, and historic buildings, structures, objects, and districts over 50 years old. 18 The cumulative impact area for cultural resources for the proposed project is the City of Rancho Palos Verdes. Potential impacts of the proposed project to unknown cultural resources, when combined with the impacts of past, present, and reasonably foreseeable projects in Rancho Palos Verdes, could contribute to a cumulatively significant impact due to the overall loss of archaeological artifacts and cultural remains unique to the region. However, if there were any potential for significant impacts to archaeological resources, an investigation would be required to determine the nature and extent of the resources and identify appropriate mitigation measures. When resources are assessed and/or protected as they are discovered, impacts to these resources are less than significant. As such, implementation of Regulatory Compliance Measures (RCM) and Mitigation Measures (MM) would ensure that the proposed project, together with cumulative projects, would not result in a significant cumulative impact to unique archaeological resources and previously undiscovered buried human remains. 5. Energy: This DEIR section discusses energy use resulting from implementation of the proposed project and evaluates whether the proposed project would result in the wasteful, inefficient, or unnecessary consumption of energy resources or conflict with any applicable plans for renewable energy and energy efficiency . Electricity and natural gas in the Project’s geographic area is provided by Southern California Edison (SCE) and Southern California Gas Company (SoCalGas). The proposed project would result in increased service demand for electricity and petroleum during construction. Although the proposed project would result in a net increase in electricity use, this increase would not require SCE to expand or construct infrastructure that could cause substantial environmental impacts. The proposed project’s percentage of the cumulative future potential energy consumption increase in the service area would be negligible. The proposed project, in combination with cumulative development, is well within SCE’s systemwide net annual increase in electricity supplies over the 2020- 2030 period, and there are sufficient planned electricity supplies in the region for estimated net increases in energy demands. Additional natural gas infrastructure is not required because the proposed project would not utilize natural gas as an energy source. Transportation energy use would also increase . However, this transportation energy use would not represent a major amount of energy use when compared to the amount of existing development and the total number of vehicle trips and vehicle miles travelled throughout Los Angeles County and the region. Therefore, the proposed project’s contribution to impacts related to the inefficient, wasteful, and unnecessary consumption of energy would not be cumulatively considerable, and no mitigation is required. 19 6. Geology And Soils: This DEIR section provides a discussion of the existing geologic and soils environment and an analysis of potential impacts from implementation of the proposed project. This section also addresses the potential for structural damage due to the local geology underlying the project site, as well as slope stability, ground settlement, soil conditions, grading, and regional seismic conditions. In addition, this section analyzes the potential for the proposed project to affect unknown paleontological resources on or within the project vicinity. The project site was studied from a big-picture view to a small, detailed view. This included regional (Los Angeles Basin, Southwestern Block); local (Palos Verdes Hills on the Upper Altamira Shale member of the Monterey Formation); soil (expansive surface soils containing clay); soil collapse (often found in young alluvial deposits); groundwater conditions (shallow groundwater zone); seismicity and faulting (Cabrillo Fault, Palos Verdes Fault, Newport -Inglewood Fault, and a system of interconnected, closely spaced planar fractures stretching from Santa Monica Bay to the waters off Dana Point); subsidence (sinking or settling); liquefaction (sudden loss in strength of a saturated, cohesionless soil caused by buildup of water pressure); seismic generated tsunami; slope instability and seismically induced landslide; and flood hazard. To assess the project impacts with respect to geologic and soil conditions, a geological, geotechnical, and hydrogeological review was conducted. The scope of the report included background review and review of readily available, publicly published references. Additionally for paleontological resources, a records search was conducted through the Natural History Museum of Los Angeles County (LACM). Then, a pedestrian survey was performed by a paleontological surveyor, which consisted of systematic surface inspection with transects at 10-meter intervals to ensure that any evidence of paleontological resources could be identified. In addition to the surface inspection, any safely accessible cliffsides and exposed subsurface profiles were investigated for any evidence of paleontological resources. The PBL, a component of the City’s ancient landslide complex, is an ancient landslide mass that shows possible signs of movement as far back as 120,000 to 800,000 years ago. Specifically, a change in ground water content has had a great effect on the properties of the Palos Verdes bentonite, and doubling the moisture content decreases the unconfined shear strength more than tenfold. The proposed project would minimize PBL movement by implementing a series of geotechnical engineering solutions to relieve artesian pressure below the landslide basal surface and minimize stormwater infiltration into the subsurface. The objective of implementing these solutions would be to reduce substantial human health risks and improve public safety, reduce the likelihood of major landslide movement that would potentially damage and render Palos Verdes Drive South unusable, and alleviate artesian water pressure below the PBL area, a major contributing factor to landslide movement. The project site is currently vacant with vegetation and exposed soil. During grading and construction, soil would be exposed and there would be an increased 20 potential for soil erosion compared to existing conditions due to soil disturbance and the exposure of substantial amounts of soil to weather conditions (e.g., wind, rain). During a storm event, soil erosion could occur at an accelerated rate. The increased erosion potential would result in short-term water quality impacts. Because the project would disturb greater than 1 acre of soil, the project is subject to the requirements of the State Water Resources Control Board’s (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities. The Construction General Permit requires preparation of a Storm Water Pollution Prevention Plan (SWPPP) and implementation of construction Best Management Practices (BMP). The construction contractor would be required to prepare and implement the SWPPP and associated BMPs in compliance with the Construction General Permit (CGP) during grading and construction. Adherence to the BMPs in the SWPPP would reduce, prevent, or minimize soil erosion from future project-related grading and construction activities. Additionally, the preparation and implementation of an Erosion Control Plan would require the project proponent to comply with City grading permit regulations and inspections to reduce sedimentation and erosion. The majority of the site is within pervious areas where water is anticipated to percolate into the ground, while excess runoff sheet flow s from northeast to southwest, discharging to the Pacific Ocean. A Final Hydrology and Hydraulics Analysis will be prepared and submitted to the City for approval to ensure the peak flow of stormwater runoff in the proposed condition would not exceed the outfall capacity. As a result, any increase in peak discharge would be negligible. Therefore, the proposed project would not result in substa ntial soil erosion or the loss of topsoil. For geology and soils, the cumulative study area consists of the area that could be affected by the proposed project activities and other areas that are affected by the Portuguese Bend Area Landslides. Specifically, this encompasses the areas under the Rancho Palos Verdes Landslide Moratorium, where construction of new structures or buildings is prohibited unless they meet the criteria for an exception. The analysis indicated no rare or special geological features or soil types on the project site that would be affected by project activities and no other known activities or projects with activities that affect the geology and soils of this site. In addition, the proposed project would be required to comply with the applicable state and local requirements, including the City of Rancho Palos Verdes Building Code. Compliance with RCMs for the proposed project would ensure that cumulative impacts to geology and soils would be less than significant. Therefore, the project’s contribution to cumulative geotechnical and soil impacts is less than cumulatively significant. For paleontological resources, the cumulative study area is the geographical area of the City, which is the geographical area covered by the City’s General Plan, including all goals and policies included therein. Future development in the City could include excavation and grading that could potentially affect paleontological resources. The cumulative effect of the proposed project is the excavation and 21 grading that could potentially affect paleontological resources. With the mitigation measures, cumulative impacts to paleontological resources would be less than significant. If subsurface cultural resources are assessed and/or protected as they are discovered, impacts to these resources would be less than cumulatively significant. Therefore, the project’s contribution to the destruction of known and unknown paleontological resources throughout the City would be less than cumulatively significant. 7. Greenhouse Gas Emissions: This DEIR section provides a discussion of global climate change (GCC), existing regulations pertaining to GCC, and an analysis of greenhouse gas (GHG) emissions associated with the proposed project. GHG emissions are global pollutants, and therefore, result in cumulative impacts by nature. Consequently, it is speculative to determine how an individual project’s GHG emissions would impact California. As such, impacts are not project -specific impacts to GCC, but are the proposed project’s contribution to cumulative GCC impact. The impact of project-related GHG emissions would not result in a reasonably foreseeable cumulatively considerable contribution to GCC. Additionally, the proposed project, in conjunction with other cumulative projects, would be subject to all applicable regulatory requirements, which would further reduce GHG emissions. Therefore, the project’s cumulative contribution of GHG emissions would be less than significant and the project’s cumulative GHG impacts would also be less than cumulatively considerable. 8. Hazards And Hazardous Materials: This section addresses potential hazards and hazardous material impacts at the project site and in the surrounding area that may result from implementation of the proposed project. The cumulative impact area for hazards and hazardous materials related to the proposed project is the City of Rancho Palos Verdes. The proposed project’s construction activities would temporarily use hazardous materials typical of construction such as equipment fuel, but not materials classified as acutely hazardous. Storage, handling, use, and disposal of these materials would require compliance with laws and regulations. Operation and maintenance of the project would require use of hazardous materials typical of construction, but only in small quantities, and in compliance with laws and regulations. The proposed project is not expected to substantially impair an adopted emergency response or evacuation plan because the designated disaster route, Palos Verdes Drive South, would only be affected temporarily during limited hours 22 and with implementation of a traffic control plan that ensures adequate emergency access is maintained. Moreover, project implementation improves emergency access because controlling landslide movement reduces impacts to and the potential closure of Palos Verdes Drive South. Although the number of people temporarily present at the project site, which is a state-designated Very High Fire Hazard Severity Zone, would increase, implementation of the required traffic control plan ensures that emergency access is maintained. The proposed project does not otherwise increase the risk of wildfire in the area. Therefore, with compliance with laws and regulations, implementation of the proposed project would not result in significant cumulative impacts related to hazards and hazardous materials. 9. Hydrology and Water Quality: This DEIR section evaluates the potential impacts to hydrology and water quality conditions from implementation of the proposed project. The cumulative impact area for hydrology and water quality for the proposed project is the South Santa Monica Bay Watershed. New development and redevelopment can result in increased stormwater runoff and increased urban pollutants in stormwater runoff from project sites. Projects must include BMPs to reduce impacts to water quality and hydrology in compliance with local ordinances and NPDES permit requirements. Specifically, the Project must develop and comply with the requirements of a CGP (because it disturbs 1 acre or more of soil during construction), the Los Angeles County Municipal Separate Storm Sewer System (MS4) Permit, and the Rancho Palos Verdes Municipal Code. The preparation, approval, and implementation of a project- specific SWPPP consisting of stormwater control measures during construction will be required to minimize water quality impacts. Additionally, stormwater control measures will be required to minimize increases in runoff so they do not exceed regulatory requirements or the capacity of downstream storm drain system. The project must also consider impaired receiving waters and Total Maximum Daily Loads (TMDL) of pollutants for receiving waters. The TMDL program is designed to identify all constituents that adversely affect the beneficial uses of water bodies and then identify appropriate reductions in pollutant loads or concentrations from all sources so that the receiving waters can maintain/attain the beneficial uses in the Los Angeles Regional Water Quality Control Board Basin Plan. Thus, by complying with TMDLs, the project will comply with overall water quality regulatory requirements for the South Santa Monica Bay Watershed. Because the proposed project would comply with the CGP and the Los Angeles County MS4 Permit, implement construction and operational BMPs pursuant to a SWPPP, and implement storm water control measures to reduce the volume of 23 stormwater runoff and pollutants of concern in stormwater runoff, the cumulative hydrology and water quality impacts of the proposed project a would be less than significant. Therefore, the proposed project’s incremental hydrology and water quality impacts would not be cumulatively considerable. 10. Land Use and Planning: This DEIR section analyzes the existing land uses on the project site and in its vicinity, as well as the consistency of the proposed project with surrounding land uses and the relevant policy and planning documents. Because the proposed project does not consist of any new development and will not result in changes to existing uses on the project site, the land uses would remain consistent with General Plan land use designations. Additionally, the proposed project will require a Grading Permit and Coastal Development Permit pursuant to the Rancho Palos Verdes Municipal Code (RPVMC), and any policy, ordinance, or regulation adopted by the City, including the agreement between the City and Coastal Commission. The Project is in the City Council’s jurisdiction pursuant to Chapter 17.79 of the RPVMC. The proposed project and all related projects are required to adhere to City regulations designed to reduce and/or avoid impacts related to land use and planning, particularly hazards. With compliance with these regulations, impacts related to land use and planning would be less than cumulatively significant. Therefore, implementation of the proposed project would not result in a significant cumulative impact related to land use and planning. 11. Noise: This DEIR section evaluates the potential short-term and long-term noise impacts associated with the construction and maintenance of the proposed Project. A cumulative noise or vibration impact would occur if multiple sources of noise and vibration combine to create impacts in close proximity to a sensitive receptor. The cumulative impact area for noise related to the proposed project is the immediately surrounding area. Noise impacts from on-site activities associated with the project would be a function of the noise generated by construction equipment based on equipment location, sensitivity of nearby land uses, and the timing and duration of construction activities. Construction activities are expected to occur Monday through Friday between 7 a.m. and 6 p.m. and Saturdays between 9 a.m. and 5 p.m. Construction noise impacts to the nearest homes were calculated according to equipment noise levels and usage factors define d by the Federal Highway Agency (FHWA) Roadway Construction Noise Model. The proposed project would not generate a substantial temporary or permanent increase in ambient noise levels in 24 the project vicinity exceeding the standards established in the General Plan or Noise Ordinance. Construction activity can also result in varying degrees of ground vibration, depending on the equipment used and the distance for receptors. Construction - related vibration impacts for various types of equipment were calculated based on measurements published by the Federal Transit Administration. Vibration impacts from the proposed project would be created from the operation of heavy off -road equipment. The proposed project would not expose persons to generation of ground-borne vibration or ground-borne noise levels above the FHWA thresholds. The proposed project and all related projects are required to adhere to City regulations designed to reduce and/or avoid impacts related to noise. Regulatory compliance measures require the contractor to adhere to the limitation of allowable construction times provided in Section 17.56.020 of the City’s Municipal Code. With compliance with regulations, impacts related to noise would be less than cumulatively significant. The hydrauger system will be implemented during construction to extract groundwater, relieve artesian pressure, and slow down the landslide. The Engineer-of-Record and the team monitoring the groundwater extraction process will determine the frequency required to pump groundwater and control/minimize any noise issues related to the water extraction process during and after construction. Therefore, implementation of the proposed project would not result in a significant cumulative impact related to noise. 12. Recreation: This DEIR section analyzes the potential recreation impacts associated with implementation of the proposed project. This section also addresses the proposed impacts to recreation resources with consideration of local policies. Implementation of the proposed project would not result in a significant cumulative impact related to recreation. The proposed project and all related projects are required to adhere to City regulations designed to reduce and/or avoid impacts related to recreation. Additionally, any recreation impacts (trail closures) related to this project will be temporary. Mitigation measures have been added to alleviate any long-term impacts, such as swale design, trail closure notifications, and trail repair/maintenance. With compliance with these mitigation measures and regulations, impacts related to recreation would be less than cumulatively significant. Therefore, implementation of the proposed project would not result in a significant cumulative impact related to recreation. 13. Transportation: This DEIR section analyzes the existing and project construction transportation and circulation conditions for the proposed project and the surrounding area, and identifies circulation impacts that may result during project 25 implementation. The cumulative impact area for transportation is the City of Rancho Palos Verdes. The majority of the vehicle trips associated with the proposed project are temporary and would occur during construction and limited to the permitted construction hours. Vehicle trips associated with operation, inspection, and maintenance of the project components would be nominal. Given the temporary nature of the majority of the project trips, there will be no cumulative impacts. Additionally, the project will protect important City infrastructure. From a transportation and circulation perspective, landslide remediation will provide for the continued operation of Palos Verdes Drive South, an important transportation circulation link connecting various communities within Rancho Palos Verdes and beyond, including the San Pedro area and the beach cities in the South Bay . If Palos Verdes Drive South were inoperable due to landslide activity, vehicle miles traveled within the City would increase due to residents needing to take circuitous routes to traverse the City. 14. Tribal Cultural Resources: This DEIR section evaluates the potential for the proposed project to impact tribal cultural resources. Potential impacts to other cultural resources, including historic and non-Native American archaeological resources, are evaluated in the Cultural Resources section of the DEIR. The cumulative impact area for tribal cultural resources for the proposed project is the City of Rancho Palos Verdes. Potential impacts of the proposed project to unknown tribal cultural resources, when combined with the impacts of past, present, and reasonably foreseeable projects in Rancho Palos Verdes, could contribute to a cumulatively significant impact due to the overall loss of tribal cultural remains unique to the region. However, each development proposal received by the City is required to undergo environmental review pursuant to CEQA. If there were any potential for significant impacts to tribal cultural resources, an investigation would be required to determine the nature and extent of the resources and identify appropriate mitigation measures. When resources are assessed and/or protected as they are discovered, impacts to these resources are less than significant. As such, implementation of tribal cultural resources monitoring and mitigation measures would ensure that the proposed project, together with cumulative projects, would not result in a significant cumulative impact to tribal c ultural resources. 15. Utilities and Service Systems: This DEIR section describes the potential for the project to require the relocation or construction of new or expanded water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunications facilities. The cumulative impact area for utilities and service systems related to the proposed project is SoCalGas and SCE’s service area. 26 Implementation of the proposed project would not result in a significant cumulative impact related to utilities and service systems. This includes significant environmental effects as a result of relocation or construction of new or expanded water, wastewater treatment, or storm water drainage; electrical power; natural gas, or telecommunication facilities. The proposed project and all related projects are required to adhere to City regulations designed to reduce and/or avoid impacts related to utilities and service systems. Furthermore, the landslide remediation project is designed to control land movement and protect the integrity of existing utilities and service systems. With compliance with these regulations, impacts related to utilities and service systems would be less than cumulatively significant. Therefore, implementation of the proposed project would not result in a significant cumulative impact related to utilities and service systems. 16. Wildfire: This DEIR section analyzes the potential wildfire impacts associated with implementation of the proposed project. This section also addresses the proposed impacts to wildfire with consideration of local policies. The cumulative impact area for wildfire related to the proposed project is the City of Rancho Palos Verdes. The proposed project does not alter the existing wildland fire conditions on the project site or increase the potential for wildland fires to occur. Implementation of the proposed project would not result in a significant cumulative impact related to wildfire. This would include responsibility areas or lands classified as a state-designated Very High Fire Hazard Severity Zone, and whether the project would substantially impair an adopted emergency response plan or emergency evacuation plan. Therefore, implementation of the proposed project would not result in a significant cumulative impact related to wildfire. Slope, prevailing winds, and other factors would not exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire; or expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. It should be noted that project implementation is expected to reduce the likelihood that land movement could cause electrical lines to contact flammable vegetation and start a wildfire. The proposed project and all related projects are required to adhere to City and state regulations designed to reduce and/or avoid impacts related to wildfire. With compliance with these regulations, impacts related to wildfire would be less than cumulatively significant. 27 Mitigation and Monitoring Reporting Program A Mitigation and Monitoring and Reporting Program has been prepared in compliance with all relevant regulations. It describes the requirements and procedures to be followed by the City to ensure that all mitigation measures adopted as part of the proposed project will be carried out as described in this DEIR. Table 7.A in the DEIR identifies each measure and responsible party (Attachment B). The following categories have no potentially significant impacts; therefore, no mitigation is required: aesthetics, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, transportation/traffic, utilities and service systems, and wildfire. For categories that have impacts that require mitigations, specific mitigations are described in DEIR Table 7.A. These include biological resources, cultural resources, geology and soils, recreation, and tribal cultural resources. Based on the mitigation measures, the Project’s potential impacts would be reduced to a less than significant level. Project Alternatives Project alternatives, Section 5 of the DEIR, were considered, including a no-project alternative, as summarized below. Alternative 1: The No Project Alternative, would involve no landslide remediation. No remediation would occur on the project site, the existing condition of the site would not change, and the project objectives would not be met. The proposed discretionary actions would not be required. Due to the Landslide Moratorium, the project site would remain undeveloped. The PBL complex would continue to move at various rates, displacing the land seaward and continuing to damage utilities and critical infrastructure. Alternative 2: Consists of the elimination of the flow-reduction area (detention basin) from the proposed project elements, but the other elements would be implemented. Elimination of the flow-reduction basin would result in downstream erosion and therefore loss of habitat, potential culvert damage that could hinder traffic circulation, increased downstream velocity, and disruption to utilities. The project objectives would not be fully met. Other alternatives considered also did not meet project objectives or were considered not possible. Other alternatives that were brought up during Notice of Preparation (NOP) distribution included reducing the number of fissures to be filled and changing the materials used for the filling, eliminating the drainage swales, and changing the hydrauger locations. The material that would be used to fill the fissures has been updated to no longer use fly ash and to instead use a more appropriate material (i.e., bentonite chips and/or soil). Additionally, the design team has conducted a fill survey and determined the appropriate number of fissures to make a meaningful impact on landslide remediation. The design engineers will be consulted prior to the access/infilling of cracks in sensitive areas to evaluate whether the requirement for infilling of these cracks can be deleted. Elimination of 28 the drainage swales was raised as a consideration for reducing the project footprint. Eliminating the swales would lead to continued erosion resulting from unmanaged run-off and drainage flows, which would impact sensitive habitats and reduce the likelihood of an increase in the functions and values of existing water resources, as well as result in water runoff percolation into the ground. As for changes to the hydrauger configuration, the locations of the hydraugers moved several times relative to the original design, and one of the hydrauger locations was eliminated. The rest of hydraugers were shortened so that they do not penetrate below private residences or extend beyond the City-owned land. These amendments to the hydrauger configuration represent the bare minimums needed to effectively slow the landslide. For the reasons stated above, these other alternatives are not possible. ADDITIONAL INFORMATION: Public Noticing and Public Comments The DEIR was released for public comment on February 9, 2023. It is available to view in electronic format on the City’s website and in print format during regular business hours at Rancho Palos Verdes City Hall, the Miraleste Library in Rancho Palos Verdes, and the Peninsula Center Library in Rolling Hills Estates. Comments may be submitted in writing to the Public Works Department at Rancho Palos Verdes City Hall (30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275) or via email to publicworks@rpvca.gov by 4:30 p.m. on April 14, 2023. It should be noted that a corrected Public Notice was published on February 9, 2023, because of an incorrect email address. More than 900 residents in the vicinity of the project received a letter with information on where the DEIR may be viewed, the public comment period, how public comments may be submitted, and the date and location of the DEIR public hearing. At the conclusion of the DEIR comment period, all verbal and written comments will be tabulated, reviewed, assessed, and responded to in the Final EIR. Staff expects to return to the City Council with a Final EIR for certificat ion consideration after addressing all comments. Depending on the volume and nature of comments, Staff expect s to return in the summer of 2023. Stakeholder Meetings In advance of the March 21, 2023 City Council meeting, Staff intends to meet with various stakeholders. Meetings are currently scheduled with members of the following: • PVPLC • Sierra Club • California Native Plant Society 29 • Heal the Bay • Surfrider Foundation • LA County Safe Clean Water Program • South Santa Monica Bay Watershed Area Steering Committee Building Resilient Infrastructure and Communities (BRIC) Grant The proposed project is estimated to cost approximately $33 million. This cost was based on projections estimated in 2019 and increased to factor cost of living adjustments (COLA) and construction escalation and contingency, among other things. Concurrently with the DEIR development, the City submitted an application to the Federal Emergency Management Agency (FEMA) for a Building Res ilient Infrastructure and Communities (BRIC) grant for $23.3 million, with a required non-federal match of $10 million. The grant application requires that the EIR be certified before approving grant funds. If awarded, the FEMA funds will be available for this project on October 2, 2023, assuming the EIR is certified. CONCLUSION: The DEIR was prepared to analyze the proposed project’s potential impacts on the environment; to propose mitigation measures for identified potentially significant impacts that would minimize, offset, or otherwise reduce or avoid those environmental impacts; and to discuss alternatives that could reduce the potentially significant impacts of the proposed project based on the identified objectives noted at the beginning of this st aff report. The DEIR concludes that project implementation would not result in any impacts that are considered significant, adverse, and unavoidable. All environmental issues analyzed in this DEIR were determined to result in less than significant impacts, or can be reduced to less than significant levels with the incorporation of mitigation measures. The habitat loss resulting from the Project was anticipated and accounted for in the City’s NCCP/HCP, which allows the loss of habitat for certain City proj ects, provided that avoidance and minimization measures for sensitive habitats and species are implemented. The habitat loss accounted for in the NCCP/HCP is offset by the creation of the City’s 1,500-acre Preserve. The Preserve and the perpetual preservation and restoration of protected habitat essentially serve as the mitigation for permanent impacts associated with these City projects, including the landslide project. The purpose for today’s City Council meeting is to conduct a public hearing and receive public comments, and comments from the City Council, on the PBL Remediation Project DEIR. 30 ALTERNATIVES: In addition to Staff recommendations, the following alternative actions are available for the City Council’s consideration: 1. Take other action, as deemed appropriate. 2. Direct Staff to stop work on the DEIR, which would essentially stop work on the proposed project. 31 D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-3 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures 4.1: Aesthetics There are no potentially significant impacts related to aesthetics; therefore, no mitigation is required. 4.2: Air Quality There are no potentially significant impacts related to air quality; therefore, no mitigation is required. 4.3: Biological Resources BIO-1 Focused Plant Survey. Prior to construction, a focused plant survey should be conducted within the final project work areas for the following species: aphanisma, Brand’s star phacelia, Coulter’s saltbush, mesa horkelia, Parish’s brittlescale, Santa Catalina Island desert-thorn, and south coast saltscale. Surveys should be conducted in May/June to capture the appropriate blooming periods for these species. If an existing population will be impacted by covered projects/activities, the project applicant will engage the Palos Verdes Peninsula Land Conservancy (PVPLC), the City’s Palos Verdes Nature Preserve (Preserve) Habitat Manager, and work with the Wildlife Agencies to prepare and implement a habitat restoration plan in accordance with the habitat restoration plan guidelines in Section 7.5 of the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP), to be approved by the City and Wildlife Agencies, that will ensure no net loss of listed species within the population. If listed special-status plant species are found, the compensatory mitigation plan must also be approved by the United States Fish and Wildlife Service (USFWS) and/or the California Department of Fish and Wildlife (CDFW), as applicable. City of Rancho Palos Verdes and/or Project Contractor Prior to construction, in May/June BIO-2 Pre-construction Nesting Bird Surveys. If vegetation removal, construction, or grading activities are planned to occur within California gnatcatcher habitat during its breeding season (February 15–August 31), a pre- construction survey will be conducted to determine nesting activity. The Community Development Director, or designee, shall confirm that the City has retained a qualified biologist (USFWS and CDFW will be provided a 10-day period to approve the proposed biologist; if no response from USFWS and CDFW is received within 10 days, approval will be waived), who shall conduct a pre-construction nesting bird survey no more than 3 days prior to the start of such activities. Survey results will be submitted to the Wildlife Agencies for review and approval. If comments are not received in 10 days, the approval requirement will be waived. If nesting activity is detected, all construction activity must occur outside of a 300-foot buffer surrounding each nest. Reductions in the nest buffer may be possible depending on site-specific factors, in coordination with the Wildlife Agencies. The appropriate buffer shall be determined by the qualified biologist based on species, location, and the nature of the proposed activities. Project activities shall be avoided within the buffer zone until the nest is deemed no longer active, as determined by the qualified biologist. City of Rancho Palos Verdes and/or Project Contractor No more than 3 days prior to the start of vegetation removal, construction, or grading activities planned to occur from February 15 to August 31. B-1 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-4 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures BIO-3 Worker Environmental Awareness Program (WEAP) Training. Prior to commencing construction, the City’s Community Development Director, or designee, shall confirm that a Worker Environmental Awareness Program training shall be conducted by the City-approved qualified biologist to include the following: (1) the potential presence of covered species and their habitats, (2) the requirements and boundaries of the project, (3) the importance of complying with avoidance and minimization measures, (4) environmentally responsible construction practices, (5) identification of sensitive resource areas in the field, and (6) problem reporting and resolution methods. Training construction crews on special-status species identification and applicable standards and regulations would help avoid impacts to special-status species that are known to occur in habitats adjacent to the Project Site by identifying those areas where special-status species have potential to be present and specifying procedures that would be implemented to avoid impacts to such species. This training is intended educate all construction personnel on the relevant federal, State, and local laws related to regional special-status species known to occur in adjacent habitat types, particularly habitat associated with the Preserve. The training session shall include training on identification of species that may be found on or adjacent to the Project Site, the status of those species, and any legal protection afforded to those species. Measures that are being implemented to protect those species shall also be explained. Personnel shall be advised to report any special-status species promptly to the construction manager. City’s Community Development Director, or designee Prior to the groundbreaking BIO-4 Construction Site Housekeeping. Impacts to habitat subject to permanent and temporary construction disturbances and other types of ongoing project-related disturbance activities shall be minimized by adhering to the following avoidance and minimization measures, in accordance with the City’s NCCP/HCP for the duration of construction activities:  Construction staging areas will be located at least 15 meters (50 feet) away from the Preserve boundary and natural drainages. No-fueling zones will extend a minimum distance of 15 meters (50 feet) from all drainages and away from the Preserve boundary.  Temporary impacts to native vegetation will be restored with native vegetation appropriate to the physical condition of the site within 60 days of the completion of construction.  Project-related vehicles shall observe a daytime speed limit of 10 miles per hour (mph) throughout the project site. Nighttime construction is not permitted unless the City Manager determining that nighttime work is necessary to address public health and safety concerns. Off-road traffic outside of designated project sites shall be prohibited.  To prevent inadvertent entrapment of animals during the construction phase of a project, all excavated, steep-walled holes or trenches more than 2 feet deep shall be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of Project Contractor During construction activities B-2 D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-5 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures earthen fill or wooden planks shall be installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape.  For the duration of construction activities, all food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least daily from the construction site.  Pets, such as dogs or cats, shall not be permitted on the Project Site during construction to prevent harassment, injury, or death of wildlife in the project vicinity.  Use of rodenticides and herbicides on project sites shall be restricted to prevent primary or secondary poisoning of predators and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the United States Environmental Protection Agency, the California Department of Food and Agriculture, and other State and federal legislation. BIO-5 Erosion Control and Amphibian Exclusionary Fencing. Grading and construction resulting in ground disturbance shall occur within the typical dry season (April 15–October 15), as feasible, to avoid erosion and sedimentation impacts to nearby creeks and water quality. Prior to commencing construction, the City’s Community Development Director, or designee, shall verify that project plans require the project contractor to install adequate erosion and sedimentation barriers (e.g., silt fencing, as described below) prior to ground disturbance to prevent any sediment-laden runoff or debris from entering adjacent waterways or the Pacific Ocean during the wet season or periods of rain. This silt fencing shall also serve as a temporary barrier to further minimize the potential for special-status amphibians and other wildlife to enter work areas during construction. The barriers shall consist of 3-foot-tall silt fencing buried to a depth of at least 6 inches below the soil surface along the outer limits of all work areas (or as otherwise required by the stormwater pollution and prevention plan (Stormwater Pollution Prevention Plan [SWPPP and BMPs) These barriers shall be inspected daily by construction personnel and maintained and repaired as necessary for the duration of construction to ensure they are functional and are not a hazard to wildlife on the outer side of the fence. A City approved qualified biologist shall monitor all fence installation. All barriers shall be removed following completion of construction. City’s Community Development Director, or designee Prior to commencing construction (ground disturbance) B-3 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-6 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures BIO-6 Defining Construction Staging Areas and Regulating Access to the Preserve. During construction, it is required that the construction footprint be clearly defined with flagging and/or fencing, which will be removed upon completion. Additionally, when accessing the Preserve, authorized vehicle operators shall take measures to avoid and minimize, to the maximum extent possible, environmental damage, including damage to habitat and covered species. Existing Preserve roads or trails that accommodate authorized vehicles in the Preserve should be used wherever practical while minimizing authorized vehicle trips overall within the Preserve. Any unavoidable access routes outside existing trails that can accommodate authorized vehicles or construction areas should be clearly marked. Any new recreational trails, trails that can accommodate authorized vehicles, and utility corridors will be located in areas that avoid/minimize impacts to covered species, habitat fragmentation, and edge effects. The width of construction corridors and easements shall be reviewed and approved by the City prior to use, and said footprint shall be minimized to the maximum extent possible. Project Contractor During construction BIO-7 Coastal Sage Scrub (CSS) Restoration Program. In order to ensure the best effort to minimize any potential impacts to the CSS habitat present in the project area, the City shall retain a qualified biologist to develop a project-specific restoration program for CSS and Saltbush Scrub according to the guidelines provided in Section 7.5 of the NCCP/HCP. The restoration plan shall also address the native planting to occur within the swales and low-flow reduction area. Both project components will be lined with geofabric conducive to planting of native material. Prior to selecting appropriate planting material, the City will consult with the PVPLC regarding the native plant mix and source for obtaining native plants and seeds. Temporary impacts to native vegetation will be restored with native vegetation appropriate to the physical condition of the site within 60 days of the completion of construction City of Rancho Palos Verdes Within 60 days of the completion of construction BIO-8 Pre-construction Palos Verdes Blue Butterfly Surveys. If vegetation removal, construction, or grading activities are planned to occur within the flight season of the Palos Verdes blue butterfly (PVB) (late January through early May), a pre-construction survey will be conducted to determine the presence of any PVB host plants in all suitable habitat within the proposed project impact areas. If host plants are identified, a 5-foot buffer around the host plants will be avoided if feasible. If avoidance of host plants is not feasible, focused PVB surveys will be conducted. If PVB is discovered during surveys, the PVPLC, in coordination with the Wildlife Agencies, will be provided the opportunity to relocate any and all larvae, pupae, or adults. Occupied PVB host plants will be avoided when possible. Occupied habitat will be defined as host plants, including a 5- foot buffer, within a 50-foot buffer around any PVB observation. City of Rancho Palos Verdes and/or project contractor Prior to commencing construction (ground disturbance) B-4 D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-7 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures BIO-9 Mitigation Measure MM-BIO-9, Retaining a Qualified Biologist. Prior to commencing construction, the City shall retain the services of a qualified biologist. The USFWS and CDFW will be provided a 10-day period to approve the proposed biologist. If no response from USFWS and CDFW is received within 10 days, approval will be waived. The Project Biologist shall monitor all project-related ground-disturbing construction activities and assist the City with implementation of all biological resource mitigation measures. City of Rancho Palos Verdes Prior to commencing construction (ground disturbance) 4.4: Cultural Resources MM CUL-1 Retaining a Qualified Archaeologist. Prior to commencing construction, the City of Rancho Palos Verdes (City) shall retain the services of a Qualified Archaeologist meeting the Secretary of the Interior’s Standards. During project-related ground-disturbing construction activities all initial ground-disturbing work shall be monitored by the City’s Archeologist (i.e., an Archaeological Resources Monitor) proficient in artifact and feature identification in monitoring contexts. City of Rancho Palos Verdes Prior to commencing construction and during project- related ground- disturbing construction activities MM CUL-2 Worker Environmental Awareness Program (WEAP). Prior to commencing construction activities (and thus prior to any ground disturbance on the proposed project site), the City’s Qualified Archaeologist shall conduct initial Worker Environmental Awareness Program (WEAP) training of all construction personnel, including supervisors, present at the outset of the project construction work phase, for which the lead contractor and all subcontractors shall make their personnel available. This WEAP training will educate construction personnel on how to work with the Qualified Archaeologist to identify and minimize impacts to archaeological resources and maintain environmental compliance. This WEAP training will educate the monitor(s) of construction procedures to avoid construction-related injury or harm. This training may be performed periodically, such as for new personnel coming on to the project as needed. City’s Qualified archaeologist and Project Contractor Prior to commencing construction activities (ground disturbance) MM CUL-3 Monitoring During Ground-Disturbing Activities. Prior to commencing construction, the Project Contractor shall provide the City’s Qualified Archaeologist with a schedule of initial potential ground-disturbing activities. A minimum of 48 hours’ notice will be provided to the consultant prior to commencement of any initial ground-disturbing activities, such as vegetation grubbing or clearing, grading, trenching, or mass excavation. The Qualified Archaeologist shall be present on site at the commencement of ground-disturbing activities related to the project. The Qualified Archaeologist shall observe initial ground-disturbing activities and, if determined appropriate, adjust the number of monitors as needed to provide adequate observation and oversight. The Qualified Archaeologist will have stop-work authority to allow for recordation and evaluation of Project Contractor 48 hours prior to initial ground- disturbing activities B-5 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-8 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures finds during construction. The Qualified Archaeologist will maintain a daily record of observations to serve as an ongoing reference resource and to provide a resource for final reporting upon completion of the project. The City’s Qualified Archaeologist, Project Contractor, and subcontractors, and the City shall maintain a line of communication regarding schedule and activity such that the monitor is aware of all ground-disturbing activities in advance in order to provide appropriate oversight. MM CUL-4 Discovery of Previously Unidentified Archaeological Materials. In the event of the discovery of previously unidentified archaeological materials, the Project Contractor shall immediately cease all work activities within an area of no less than 50 feet of the discovery. After cessation of excavation, the Project Contractor shall immediately contact the City. The discovery of any cultural resource within the project area shall not be grounds for a project-wide “stop-work” notice or otherwise interfere with the project’s continuation except as set forth in this paragraph. In the event of an unanticipated discovery of archaeological materials during construction, the City’s Qualified Archaeologist shall evaluate the significance of the materials prior to resuming any construction-related activities in the vicinity of the find. If the Qualified Archaeologist determines that the discovery constitutes a significant resource under CEQA and cannot be avoided, the City shall implement an archaeological data recovery program. Project Contractor During construction and in the event of the discovery of previously unidentified archaeological materials MM CUL-5 Archaeological Resources Monitoring Report. Withing 60 days of the completion of all ground-disturbing activities, the City’s Archaeologist, serving as the City’s Archaeological Monitor, shall prepare an Archaeological Resources Monitoring Report summarizing all monitoring efforts and observations, as performed, and any and all prehistoric or historic archaeological finds, as well as providing follow-up reports of any finds to the South Central Coastal Information Center (SCCIC), as required. City’s Qualified archaeologist Within 60 days of the completion of all ground- disturbing activities 4.5: Energy There are no potentially significant impacts related to energy; therefore, no mitigation is required. 4.6: Geology and Soils MM PAL-1 Paleontological Resources Monitor. The City of Rancho Palos Verdes (City) shall retain the services of a Qualified Paleontologist meeting the Secretary of the Interior’s Standards prior to commencing construction activity and require that all initial ground-disturbing work be monitored by paleontological specialists (Paleontological Resources Monitor) proficient in fossil identification in monitoring contexts. City of Rancho Palos Verdes Prior to commencing construction activity (ground disturbance) MM PAL-2 Paleontological Mitigation Plan. Prior to commencing construction activity, the City’s qualified Paleontologist shall prepare a Paleontological Mitigation Plan (PMP) outlining procedures for paleontological data recovery for the proposed project and submitted to the City for review and approval. The development and implementation of the PMP shall include consultations with the applicant’s engineering geologist as well as a City’s Qualified Paleontologist Prior to commencing construction B-6 D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-9 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures requirement that the curation of all specimens recovered under any scenario shall be conducted through an appropriate repository agreed upon by the City. All specimens become the property of the City unless it chooses otherwise. If the City accepts ownership, the curation location may be revised. The PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during ground-disturbing activities as well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered. The cost of data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the City. activity (ground disturbance) MM PAL-3 Final Paleontological Mitigation Report. At the completion of all ground-disturbing activities, the City’s Qualified Paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any. The Paleontologist consultant shall also provide follow-up reports of any specific discovery, if necessary. City’s Qualified Paleontologist At the completion of all ground- disturbing activities 4.7: Greenhouse Gas Emissions There are no potentially significant impacts related to land use and greenhouse gas emissions; therefore, no mitigation is required. 4.8: Hazards and Hazardous Materials There are no potentially significant impacts related to hazards and hazardous materials; therefore, no mitigation is required. 4.9: Hydrology and Water Quality There are no potentially significant impacts related to hydrology and water quality; therefore, no mitigation is required. 4.10: Land Use and Planning There are no potentially significant impacts related to land use and planning; therefore, no mitigation is required. 4.11: Noise There are no potentially significant impacts related to noise; therefore, no mitigation is required. 4.12: Recreation REC-1 Swale Design. Prior to finalizing the design of any of the project’s components, the Project Engineer shall confirm that trails affected by construction activities are restored to their pre-construction condition is acceptable to the City’s Director of Recreation and Parks. Rerouting /reconstruction of trails shall be reviewed and approved by the Project Engineer, and provided to the Palos Verdes Peninsula Land Conservancy (PVPLC) for their input. The Project Engineer and the Project Contractor Prior to finalizing the design of any of the project’s components B-7 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-10 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures REC-2 Trail Closure Notifications. Fifteen days prior to the anticipated closure of any designated trails within the Abalone Cove Park and Reserve or Portuguese Bend Reserve, the Project Engineer, and/or designee, shall notify the City’s Recreation and Parks Department in order to notify PVPLC and provide adequate notice to the public about any expected trail closures during project construction. The public will be notified of closures via the City’s and the PVPLC’s websites, the City’s listserv and social media platforms, and use of on-site signs at relevant entries to the Palos Verdes Nature Preserve and at closure locations. The Project Engineer, and/or designee 15 days prior to the anticipated closure of any designated trails within the Abalone Cove Shoreline Park and Reserve or Portuguese Bend Reserve REC-3 Trail Repair/Maintenance. If Preserve trails become damaged or require maintenance resulting from the project, the City will coordinate with the PVPLC, to repair trails in accordance with the City Council-adopted Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) and the Preserve Public Use Master Plan (PUMP). City of Rancho Palos Verdes If Preserve trails become damaged or require maintenance resulting from the project 4.13: Transportation/Traffic There are no potentially significant impacts related to transportation and traffic; therefore, no mitigation is required. 4.14: Tribal Cultural Resources MM TCR-1 Tribal Cultural Resources Monitoring. Prior to the commencement of construction, City of Rancho Palos Verdes (City) approved qualified archaeologist to monitor all ground-disturbing activities associated with the project, including, but not limited to, grading, excavating, clearing, leveling and backfilling. The evaluation shall be conducted by an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for prehistoric archaeology (National Park Service 1983) and qualified to identify subsurface tribal cultural resources. The archaeologist shall observe all ground-disturbing activities on the project site at all times the ground-disturbing activities are taking place. If ground-disturbing activities are simultaneously occurring at multiple locations on the project site, an archaeologist shall be required to monitor each location where the ground-disturbing activities are occurring. Prior to the commencement of any ground-disturbing activities at the project site, the City, or its successor, shall notify any California Native American tribes that have informed the City that they are traditionally and culturally affiliated with the geographic area of the proposed project that ground-disturbing activities are about to commence and invite the tribe(s) to observe the ground-disturbing activities if the tribes wish to monitor, at their own expense. Project Contractor, Prior to the commencement of construction (ground disturbance) and during construction B-8 D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-11 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures In the event that any subsurface objects or artifacts that may be tribal cultural resources are encountered during the course of the ground-disturbing activities, all such activities shall temporarily cease within the area of discovery, the radius of which shall be determined by the qualified archeologist, until the potential tribal cultural resources are properly assessed and addressed pursuant to the process set forth below: 1. Upon a discovery of a potential tribal cultural resource, an applicant, or its successor, shall immediately stop all ground-disturbing activities and contact the following: (1) all California Native American tribes that have informed the City that they are traditionally and culturally affiliated with the geographic area of the proposed project; (2) and the City’s Community Development Department, Planning Division. 2. If the City determines, pursuant to Public Resources Code Section 21704 (a)(2), that the object or artifact appears to be a tribal cultural resource in its discretion and supported by substantial evidence, the City shall provide any affected tribe a reasonable period of time, not less than 14 days, to conduct a site visit and make recommendations to the applicant, or its successor, and the City regarding the monitoring of future ground-disturbing activities, as well as the treatment and disposition of any discovered tribal cultural resources. 3. The City, shall implement the tribe’s recommendations if a qualified archaeologist, retained by the City concludes that the tribe’s recommendations are reasonable and feasible. 4. In addition to any recommendations from the applicable tribe(s), the City-approved qualified archeologist shall develop a list of actions that shall be taken to avoid or minimize impacts to the identified tribal cultural resources substantially consistent with best practices identified by the Native American Heritage Commission (NAHC) and in compliance with any applicable federal, State, or local law, rule, or regulation. 5. If the City, does not accept a particular recommendation determined to be reasonable and feasible by the qualified archaeologist, the City, may request mediation by the City’s mediator. The mediator must have the requisite professional qualifications and experience to mediate such a dispute. The City shall make the determination as to whether the mediator is at least minimally qualified to mediate the dispute. After making a reasonable effort to mediate this particular dispute, the City may: (1) require that the recommendation be implemented as originally proposed by the archeologist; (2) require that the recommendation, as modified by the City, be implemented as it is at least equally effective to mitigate a potentially significant impact; (3) require a substitute recommendation to be implemented that is at least equally effective to mitigate a potentially significant impact to a tribal cultural resource; or (4) not require the recommendation to be implemented because it is not necessary to mitigate any significant impacts to tribal cultural resources. The City shall pay all costs and fees associated with the mediation. B-9 P ORTUGUESE B END L ANDSLIDE R EMEDIATION P ROJECT R ANCHO P ALOS V ERDES, C ALIFORNIA D RAFT E NVIRONMENTAL I MPACT R EPORT F EBRUARY 2023 P:\PVE2202 - Portuguese Bend\DEIR\To City of RPV\From City\Revisions\7.0 MMRP_AM_LSA.docx (02/08/23) 7-12 Table 7.A: Mitigation and Monitoring Reporting Program Mitigation Measures Responsible Party Timing for Mitigation Measures 6. The City may recommence ground-disturbing activities outside of a specified radius of the discovery site so long as this radius has been reviewed by a qualified archaeologist and determined to be reasonable and appropriate. 7. The City may recommence ground-disturbing activities inside of the specified radius of the discovery site only after it has complied with all the recommendations developed and approved pursuant to the process set forth in Items 2 through 5, above. 8. Copies of any subsequent prehistoric archaeological study, tribal cultural resources study, or report detailing the nature of any significant tribal cultural resources, remedial actions taken, and disposition of any significant tribal cultural resources shall be submitted to the South Central Coastal Information Center (SCCIC) at California State University, Fullerton, and to the NAHC for inclusion in its Sacred Lands File. Notwithstanding Item 8, above, any information determined to be confidential in nature by the City Attorney’s Office, shall be excluded from submission to the SCCIC or the general public under the provisions of the California Public Records Act and the California Public Resources Code (PRC). 4.15: Utilities and Service Systems There are no potentially significant impacts related to utilities and service systems; therefore, no mitigation is required. 4.16: Wildfire There are no potentially significant impacts related to wildfire; therefore, no mitigation is required. B-10