CC SR 20230502 03 - Code Amendment Landslide Moratorium Exceptions Category T
CITY COUNCIL MEETING DATE: 05/02/2023
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to amend the Rancho Palos Verdes Municipal Code’s
Landslide Moratorium Exception Categories to allow the construction of a pool on one lot
in Zone 1 of the City’s Landslide Moratorium Area (CASE NO. PLCA2022-0009).
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 15.20.040 (EXCEPTIONS) OF
CHAPTER 15.02 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15
(BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATED TO LANDSLIDE MORATORIUM EXCEPTION
CATEGORY ‘T’ TO ALLOW THE CONSTRUCTION OF A POOL ON ONE LOT IN
ZONE 1 OF THE CITY’S LANDSLIDE MORATORIUM AREA; and
(2) Adopt Resolution No. 2023 - __, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 2 TO A
PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION AS IT
RELATES TO EXCEPTION CATEGORY ‘T’ AND ASSOCIATED RESIDENTIAL
DEVELOPMENT ON ONE LOT WITHIN ZONE 1 OF THE LANDSLIDE
MORATORIUM AREA.
FISCAL IMPACT: There will be no fiscal impact as a result of enacting the Zone 1 Code
Amendment as any applications for development projects will be
offset by permit processing fees.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Whitney Berry, AICP, Associate Planner
REVIEWED BY: Octavio Silva, Interim Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. ___ (page A-1)
B. Draft Resolution 2023-__ (page B-1)
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Exhibit A. CEQA Environmental Assessment (Addendum No. 2) dated April
2023 (page B-4)
C.York Point View Properties, LLC request (page C-1)
D.Public comments (page D-1)
BACKGROUND:
Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction)
of the Rancho Palos Verdes Municipal Code (RPVMC) codifies a moratorium on the filing,
processing, approval or issuance of building, grading or other permits, environmental
assessments, environmental impact reports, conditional use permits, tentative maps or
parcel maps in the City’s Landslide Moratorium Area (LMA). RPVMC Chapter 15.20.040
(Exceptions) outlines a number of exception categories which the moratorium is not
applicable to, including but not limited to, maintenance and repair of residential structures,
remedial grading, and minor projects such as an addition to an existing structure,
enclosed patios, and conversion of an existing garage to habitable space.
On May 26, 1993, City Geologist Dr. Perry Ehlig prepared a memorandum that proposed
to divide the City’s LMA into eight different zones. Since 1993, the City has used this
document to reference areas throughout the moratorium area. Zone 1 of the LMA and the
subject of this proposed Code Amendment was described in Dr. Ehlig’s memo as “un-
subdivided land unaffected by large historic landslides and located uphill or to the west of
subdivided areas.” The aerial map below provides an outline of Zone 1 of the LMA.
Figure 1. Zone 1, in yellow, of the Landslide Moratorium Area
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On February 2, 2016, the City Council adopted Ordinance No. 577, approving a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of the RPVMC to
establish an Exception Category ‘T’ allowing two parcels within Zone 1 of the LMA to be
developed with residential structures (Case No. ZON2015-00555). The two subject
parcels at the time were commonly referred to as the Plumtree and Point View properties.
As part of this action, the City Council also adopted Resolution No. 2016-03, certifying a
Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan (MMP),
determining that the code amendments would not result in significant environmental
impacts.
On October 16, 2018, the City Council adopted Ordinance No. 610, approving a Code
Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of the RPVMC to amend
Exception Category ‘T’ to exempt non-habitable accessory structures, permitted through
Exception Categories ‘I’ and ‘S’ from the established maximum square footage limitation
of 8,000 ft2 for residential and accessory structures and to allow two-story residential
structures up to a maximum height of 26 feet with the approval of a Heigh t Variation
Permit (Case No. PLCA2018-0001). As part of this action, the City Council adopted
Resolution No. 2018-77 for Addendum No. 1 to the previously-approved MND related to
the environmental assessment of these Exception Category ‘T’ code amendments.
On April 14, 2020, the Planning Commission adopted P.C. Resolution No. 2020-04,
approving a Height Variation, Major Grading Permit and Site Plan Review to construct a
new 7,375 ft2 (garage included) two-story residence measuring 25.92 feet in height and
a 611 ft2 accessory dwelling unit with ancillary site improvements and associated grading
on the Point View property located in Zone 1 of the LMA at 6001 Palos Verdes Drive
South (Case No. PLHV2019-0011). The Planning Commission’s decision was pursuant
to Exception Category ‘T’.
On March 2, 2022, the Applicant obtained building permits (Permit No. RES2020-00323)
for the construction of residential structures and ancillary site improvements on the Point
View property. Since then, the site has been under construction related to the permitted
activities.
The Point View property has been in a transitio nary period over the last year. In August
2022, the City acquired approximately 96 acres of the Plumtree and Point View
properties, which were owned by the Applicant. The purpose of the acquisition was to
preserve the area in perpetuity by enrolling it in the Palos Verdes Nature Preserve and to
serve as a wildlife corridor.
On September 30, 2022, the Applicant (York Point View Properties, LLC) submitted a
Code Amendment request (Attachment C) to amend Exception Category ‘T’ to allow the
construction of a pool on one lot within Zone 1 of the LMA.
On January 17, 2023, the City Council initiated code amendment proceedings to amend
Exception Category ‘T’ to consider the construction of a pool on one lot in Zone 1 of the
City’s LMA.
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On April 13, 2023, a public notice announcing the City Council’s consideration of
proposed code amendments was published in the Peninsula News. Staff have received
seven public comments as of the preparation of this report (Attachment D).
DISCUSSION:
The Point View property now consists of a 25.4 -acre lot within Zone 1 of the LMA and
continues to operate agricultural activities, an executive golf course and a related event
center through the Point View Master Use Plan Conditional Use Permit (CUP) (Case No.
ZON2010-00087). The Applicant has submitted a request, which is currently in review by
the City’s Planning Division to revise the CUP to update on-site operations based on the
new configuration of the property.
The 96-acre acquisition and conservation easement limits residential development in
Zone 1 of the LMA to only the 25.4-acre Point View property via Exception Category ‘T’
provisions. As part of the construction of the residence and related site improvements,
the Applicant is requesting to construct a pool with associated hardscape and mechanical
equipment along the east side of the residence. As Chapter 15.20 (Moratorium on Land
Use Permits) of the RPVMC, including Exception Category ‘T,’ does not include
provisions that allow for the construction of pools in the LMA, amended code language
required for the Applicant’s request to be considered.
Proposed Code Amendment
Staff worked with the Applicant on the preparation of the proposed code amendment
language, which discusses the potential permitting of a pool incidental to the primary
residential use pursuant to certain parameters relating to setbacks, extreme slopes, and
issuance of a Landslide Moratorium Exception Permit. Staff is also proposing minor
administrative updates to clarify the property that is subject to Exception Category ‘T’
following the recent sale of the Plumtree property. The proposed amendment to Exception
Category ‘T’ is provided below (Deleted text in strikethrough and new text in
bold/underline).
15.20.040 Exceptions
The moratorium shall not be applicable to any of the following:
T. The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no more
than 50 cubic yards of imported fill material on the two lots property at Assessor
ID 7572-012-024 in Zone 1 of the "Landslide Moratorium Area" as outlined in
yellow on the City’s landslide moratorium map on file in the director's office;
provided, that a Landslide Moratorium Exception Permit is approved by the
Director, and provided that the project complies with the criteria set forth in section
15.20.050 (Landslide Mitigation Measures Required) of this chapter. Residential
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buildings and accessory structures, excluding the square footage of non-habitable
accessory structures permitted through Exception Categories 'I' and 'S' of Section
15.20.040 (Exceptions) of the City's Municipal Code, shall not exceed a maximum
combined total of up to 8,000 square feet (habitable and non -habitable area),
including garages and shall be limited to a maximum of 25 percent lot coverage
with proper setbacks from adjacent properties as determined through the
Neighborhood Compatibility analysis pursuant to Section 17.02.030(B) of the City's
Municipal Code and the City's Neighborhood Compatibility Handbook. A main
residence shall not exceed two stories and shall not exceed a maximum height of
26 feet, through the approval of a Height Variation Permit, pursuant to Section
17.02.040 of the City's Municipal Code for any portion of the structure exceeding
16 feet in height and as defined by the zoning code for pad lots. A pool may be
permitted incidental to the primary residential use pursuant to Section
17.48.030(E)(7) of the city’s municipal code, not located on an extreme slope
(35% greater in steepness), and through the approval of a Landslide
Moratorium Exception Permit and subsequent applications and permits.
Horse keeping is permitted up to a maximum of four horses per lot. Such projects
shall qualify for a Landslide Moratorium Exception Permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the
City Attorney running with the land and enforceable by city (i) prohibiting future
subdivision of said property, (ii) acknowledging that the City makes no
representation as to the suitability of the land for development and assuming risk,
and (iii) providing for trail dedication. The property owner will work with the Director
to find a mutually agreeable trail alignment for connectivity to the City's trail system
which is vetted with trail groups and does not impact the developable building
site(s). Prior to issuance of a Landslide Moratorium Exception Permit, the applicant
shall submit to the Director any geological or geotechnical studies reasonably
required by the City to demonstrate to the satisfaction of the City geotechnical staff
that the proposed project will not aggravate the existing situation.
The unique physical and environmental setting of the Point View property have presented
opportunities for the site to function as a multi-use property with agricultural activities, an
event center and more recently, with residential uses, including a new two-story
residence, an accessory dwelling unit and related site improvements. The proposal to
construct a pool would be an extension of the residential uses on the property and would
require the submittal to and approval by the City of a Landslide Moratorium Exception
(LME) Permit. The LME permit requires a geological or geotechnical study, demonstrating
to the satisfaction of the City’s Geologist that the proposed project will not aggravate the
existing landslide situation, including the incorporation of any established and/or
recommended mitigation measures (i.e. water leak detection systems, etc.). The City
Geologist is aware of this project and Staff will coordinate their review of the geotechnical
study once an LME permit application is submitted for the proposed pool project.
Furthermore, the proposed code amendment is consistent with the Rancho Palos Verdes
General Plan in that the amended code language would not hinder the goals and policies
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of the Plan. More specifically, the proposed code amendment would ensure that the
environmental protections originally created to minimize movement in the existing
landslide area will continue to be applied along with project-specific mitigation measures
to reduce potential environmental impacts to less-than-significant levels.
For the reasons described above and as outlined in the attached environmental document
(Addendum No. 2), Staff recommends the City Council amend Chapter 15.20 of the
Landslide Moratorium Ordinance to amend Exception Category ‘T’ that would allow
construction of a pool on one lot in Zone 1 of the LMA.
If the City Council considers introducing the proposed ordinance outlined in this report
(Attachment A), the second reading of the ordinance will be tentatively scheduled for City
Council consideration on May 16, 2023. The ordinance would go into effect 30 days after
the second reading.
ADDITIONAL INFORMATION:
California Environmental Quality Act (CEQA) Compliance
In 2016, the City Council adopted Resolution No. 2016-03, certifying a MND and MMP,
which determined that no significant environmental impacts would result with the adoption
of appropriate mitigation measures for the Zone 1 (Exception Category ‘T’) Code
Amendment. Pursuant to Section 15164(b) (Addendum to an EIR or Negative
Declaration) of the California Environmental Quality Act (CEQA) Guidelines, an
addendum to an adopted MND may be prepared in lieu of a subsequent CEQA document,
when none of the conditions described in Section 15162 (Subsequent EIRs and Negative
Declarations) of the CEQA Guidelines have occurred.
In 2018, the City Council adopted Resolution No. 2018-77, adopting Addendum No. 1 to
the previously approved MND related to code amendments to Exception Category ‘T’ and
associated residential development within Zone 1 of the Landslide Moratorium Area
(LMA). The completed assessment determined that no new significant environmental
effects or substantial increases in the severity of impacts previously identified in the
previously-approved MND resulted from the code amendments.
Based on an environmental assessment of the proposed code amendment, Addendum
No. 2 to the previously-approved MND was prepared. The addendum determined that the
Applicant’s proposal to construct a pool on one lot in Zone 1 of the LMA will not result in
or create any significant impacts in the area. More specifically, the proposal will have a
less-than-significant impact with respect to Agricultural Resources, Greenhouse Gas
Emissions, Land Use Planning, Population and Housing, Public Services, Recreation,
and Transportation/Traffic. Potential impacts to the surrounding environment were
identified, but could be mitigated through the incorporation of mitigation measures as
identified in the previously-approved MND and MMP to a less-than significant level with
respect to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and
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Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and
Utilities and Service Systems.
With regard to Geology and Soils, the potential geological impacts associated with the
Applicant’s proposal are addressed in a geotechnical addendum report prepared by LGC
Geotechnical, Inc., dated July 21, 2022. This report identified recommendations to reduce
the potential for cracking and leaking of the pool, which include special design
considerations for seismic parameters, liner systems, setbacks from slope, pool decking,
landscaping and soil corrosivity. In addition, the report recommends that a pool leak
prevention/detection plan be established for the pool, and that subsurface conditions be
observed and tested by a geotechnical engineer during construction. The environmental
assessment determined that the Applicant’s proposal would not result in a significant
geological impact through the incorporation of mitigation measures established by the
previously-approved MND, the incorporation of recommendations outlined in the
geotechnical addendum report prepared by LGC Geotechnical, Inc., and through the
review and approval of the geology report by the City and compliance with established
Building Codes.
As none of the conditions listed in Section 15162 of the CEQA guidelines are present, no
further environmental review is necessary for the adoption of Addendum No. 2 to the
previously-approved MND, which is attached to the draft Resolution (Attachment B).
Public Correspondence
On April 13, 2023, a public notice was published in the Peninsula News providing
information of the proposed code amendment. As a result of the public notice, Staff
received seven comment letters (Attachment D). These include a comment in support of
the project and comments expressing concerns about increased landslide movement as
a result of a pool, instability of the Abalone Cove Landslide, and granting a special right
to construct a pool. A geotechnical report was prepared to address the potential impacts
of constructing a pool within the City’s Landslide Moratorium Area for the Ancient
Portuguese Bend Landslide Complex. The development of a pool would be required to
implement mitigation measures to reduce potential impacts related to these issues to
less-than-significant levels, as discussed in the CEQA section above. The proposed code
amendment would not grant a special right, but rather it is consistent with the original
intent of Exception Category ‘T’ which was to allow the development of single-family
residences on vacant undeveloped parcels within Zone 1 of the LMA. A pool would be
considered an ancillary use to a single-family residence, and is consistent with the
residential development that has been reviewed, approved and permitted for this one lot
in Zone 1 of the LMA. The Applicant submitted one comment as late correspondence
regarding the proposed pool as a secondary source of water in case of a fire in a high -
risk fire zone. The Applicant included specifications of home fire pump equipment that
would be purchased for this purpose.
CONCLUSION:
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Staff recommends the City Council 1) Introduce the attached ordinance amending
Exception Category ‘T’ of Chapter 15.20.040 (Exceptions) of Chapter 15.20 (Moratorium
on Land Use Permits) of Title 15 (Buildings and Construction) of the RPVMC to allow the
construction of a pool on one lot in Zone 1 of the City’s Landslide Moratorium Area; and
2) Adopt a resolution approving Addendum No. 2 to the previously -approved Mitigated
Negative Declaration as it related to Exception Category T and associated residential
development on one lot within Zone 1 of the Landslide Moratorium Area.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify alternative parameters to the proposed revisions to Exception Category ‘T,’
and direct Staff to revise the draft Ordinance and return to the City Council with an
amended Ordinance for introduction to a date certain .
2. Deny the proposed Code Amendment and direct Staff to prepare a resolution of
denial to present to the City Council for their consideration at the next available
meeting.
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 15.20.040 (EXCEPTIONS)
OF CHAPTER 15.20 (MORATORIUM ON LAND USE
PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE
RELATED TO THE LANDSLIDE MORATORIUM EXCEPTION
CATEGORY ‘T’ TO ALLOW THE CONSTRUCTION OF A
POOL ON ONE LOT IN ZONE 1 OF THE CITY’S LANDSLIDE
MORATORIUM AREA (CASE NO. PLCA2022-0001).
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code
establishing Exception Category ‘T’ under Section 15.20.040 (Exceptions) to allow vacant
undeveloped parcels within Zone 1 of the Landslide Moratorium Area to be developed
with residential structures (Case No. ZON2015-00555); and,
WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016-
03, making certain findings related to the requirements of the California Environmental
Quality Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP) for the Code Amendment to Chapter 15.20; and,
WHEREAS, on October 16, 2018, the City Council adopted Ordinance No. 610,
amending Exception Category ‘T’ Chapter 15.20 (Moratorium on Land Use Permits) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code to
exclude non-habitable accessory structures from the maximum structure size limitation of
residential buildings and accessory structures within Zone 1 of the Landslide Moratorium
Area and to allow residential buildings at a maximum height of 26 feet, with the approval
of a Height Variation Permit (Case No. PLCA2018-0001); and,
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018-
77, finding that pursuant to the provisions of California Environmental Quality Act (CEQA),
Public Resources Code Sections 21000 et. Sq. the State’s CEQA Guidelines, California
Code of Regulations, Title 14, Section 15000 et. Seq., the City’s Local CEQA Guidelines,
and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), no evidence that the proposed Code Amendment to Chapter 15.20 of the
Rancho Palos Verdes Municipal Code, as it related to Exception Category ‘T’, will
introduce new significant environmental effects or substantially increase the severity of
the environmental impacts that previously were identified and analyzed in the certified
MND for the adoption of Exception Category ‘T’ to Section 15.20.040 (Exceptions) of the
Rancho Palos Verdes Municipal Code. Additionally, the City Council found that the project
does not include changed circumstances or new information, which were not known at
the time the MND was certified, as detailed in Addendum No. 1 of the document, which
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Ordinance No. ___
Page 2 of 5
would require the preparation of a subsequent environmental analysis pursuant to CEQA;
and,
WHEREAS, on September 30, 2022, the Applicant (York Point View Properties,
LLC) submitted a Code Amendment request (Case No. PLCA2022-0009) to amend
Chapter 15.20 of the RPVMC, as it relates to Exception Category ‘T’ to allow construction
of a pool on one lot within Zone 1 of the Landslide Moratorium Area.
WHEREAS, on January 17, 2023, the City Council authorized initiation of code
amendment proceedings to amend Exception Category ‘T’ of RPVMC Chapter 15.20.040
to allow the construction of a pool on one lot in Zone 1 of the City’s Landslide Moratorium
Area.
WHEREAS, on April 13, 2023, a public notice announcing the City Council’s review
of the proposed code amendment was published in the Peninsula News;
WHEREAS, on May 2, 2023, the City Council considered all testimony that was
received was made a part of the public record;
WHEREAS, on May 2, 2023, the City Council adopted Resolution No. 2023-___,
finding that pursuant to the provisions of California Environmental Quality Act (CEQA),
Public Resources Code Sections 21000 et. Sq. the State’s CEQA Guidelines, California
Code of Regulations, Title 14, Section 15000 et. Seq., the City’s Local CEQA Guidelines,
and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), there is no evidence that the proposed Code Amendment to Chapter 15.20
of the Rancho Palos Verdes Municipal Code, as it related to Exception Category ‘T’, will
introduce new significant environmental effects or substantially increase the severity of
the environmental impacts that previously were identified and analyzed in the certified
MND for the adoption of Exception Category ‘T’ to Section 15.20.040 (Exceptions) of the
Rancho Palos Verdes Municipal Code. Additionally, the City Council found that the project
does not include changed circumstances or new information, which were not known at
the time the MND was certified, as detailed in Addendum No. 2 of the document, which
would require the preparation of a subsequent environmental analysis pursuant to CEQA;
and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
The amendment to Title 15 adopted herein is consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that it upholds, and does not
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Ordinance No. ___
Page 3 of 5
hinder, the goals and policies of those plans. Specifically, the amendment adopted
herein will allow for residential development, which conforms to established
requirements and applicable development standards including lot coverage,
building height and setbacks within Zone 1 of the Landslide Moratorium Area and
underlying Single-Family Residential (RS-1) Zoning District.
Section 2. Section 15.20.040 (T) (Exceptions) of Chapter 15.20 (Moratorium on
Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes
Municipal Code is hereby amended to read as follows (new text in bold underline,
deletions in strikethrough):
“T. The construction of residential buildings, accessory structures, and grading
totaling less than 1,000 cubic yards of combined cut and fill, and including no more
than 50 cubic yards of imported fill material on the two lots property at Assessor
ID 7572-012-024 in Zone 1 of the "Landslide Moratorium Area" as outlined in
yellow on the City’s landslide moratorium map on file in the director's office;
provided, that a Landslide Moratorium Exception Permit is approved by the
Director, and provided that the project complies with the criteria set forth in section
15.20.050 (Landslide Mitigation Measures Required) of this chapter. Residential
buildings and accessory structures, excluding the square footage of non-habitable
accessory structures permitted through Exception Categories 'I' and 'S' of Section
15.20.040 (Exceptions) of the City's Municipal Code, shall not exceed a maximum
combined total of up to 8,000 square feet (habitable and non -habitable area),
including garages and shall be limited to a maximum of 25 percent lot coverage
with proper setbacks from adjacent properties as determined through the
Neighborhood Compatibility analysis pursuant to Section 17.02.030(B) of the City's
Municipal Code and the City's Neighborhood Compatibility Handbook. A main
residence shall not exceed two stories and shall not exceed a maximum height of
26 feet, through the approval of a Height Variation Permit, pursuant to Section
17.02.040 of the City's Municipal Code for any portion of the structure exceeding
16 feet in height and as defined by the zoning code for pad lots. A pool may be
permitted incidental to the primary residential use pursuant to Section
17.48.030(E)(7) of the city’s municipal code, not located on an extreme slope
(35% greater in steepness), and through the approval of a Landslide
Moratorium Exception Permit and subsequent applications and permits.
Horse keeping is permitted up to a maximum of four horses per lot. Such projects
shall qualify for a Landslide Moratorium Exception Permit only if all applicable
requirements of this code are satisfied, and the parcel is served by a sanitary sewer
system. Those who take advantage of this exception category shall, prior to
development, record a covenant on the subject property in a form approved by the
City Attorney running with the land and enforceable by city (i) prohibiting future
subdivision of said property, (ii) acknowledging that the City makes no
representation as to the suitability of the land for development and assumin g risk,
and (iii) providing for trail dedication. The property owner will work with the Director
to find a mutually agreeable trail alignment for connectivity to the City's trail system
which is vetted with trail groups and does not impact the developable building
site(s). Prior to issuance of a Landslide Moratorium Exception Permit, the applicant
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Ordinance No. ___
Page 4 of 5
shall submit to the Director any geological or geotechnical studies reasonably
required by the City to demonstrate to the satisfaction of the City geotechnical staff
that the proposed project will not aggravate the existing situation.”
Section 3. The City Council hereby finds that pursuant to the provisions of the
CEQA, Public Resources Code Sections 21000 et. seq. the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), there is no evidence that the proposed Code Amendment to
Chapter 15.20 of the Rancho Palos Verdes Municipal Code, as it relates to Exception
Category ‘T’, will introduce new significant environmental effects or substantially increase
the severity of the environmental impacts that previously were identified and analyzed in
the certified MND for the adoption of Exception Category ‘T’ to Section 15.20.040
(Exceptions) of the Rancho Palos Verdes Municipal Code. Additionally, the project does
not include changed circumstances or new information, which were not known at the time
the MND was certified, as detailed in Addendum No. 2 of the document, which would
require the preparation of a subsequent environmental analysis pursuant to CEQA.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance
to be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
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Ordinance No. ___
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PASSED, APPROVED and ADOPTED this 2nd day of May 2023.
_________________________________
Barbara Ferraro, Mayor
ATTEST:
____________________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. ___ was introduced by the City Council of said City at a regular
meeting thereof held on May 2, 2023, and that the same was passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Teresa Takaoka, City Clerk
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Resolution No. 2023-__
Page 1 of 4
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 2 TO A
PREVIOUSLY APPROVED MITIGATED NEGATIVE
DECLARATION, AS IT RELATES TO EXCEPTION CATEGORY
‘T’ AND ASSOCIATED RESIDENTIAL DEVELOPMENT ON ONE
LOT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM
AREA.
WHEREAS, on February 2, 2016, the City Council adopted Ordinance No. 577,
approving a Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of
Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code
establishing Exception Category ‘T’ under Section 15.20.040 (Exceptions) to allow vacant
undeveloped parcels within Zone 1 of the Landslide Moratorium Area to be developed
with residential structures (Case No. ZON2015-00555); and,
WHEREAS, on January 19, 2016, the City Council adopted Resolution No. 2016 -
03, making certain findings related to the requirements of the California Environmental
Quality Act (CEQA) and adopting a Mitigated Negative Declaration (MND) and Mitigation
Monitoring Program (MMP) for the Code Amendment to Chapter 15.20; and,
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018-
77, finding that pursuant to the requirements of the California Environmental Quality Act
(CEQA), Public Resources Code Sections 21000 et. Sq. the State’s CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. Seq., the City’s Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), no evidence that the proposed Code Amendment to Chapter
15.20 of the Rancho Palos Verdes Municipal Code, as it related to Exception Category
‘T’, will introduce new significant environmental effects or substantially increase the
severity of the environmental impacts that previously were identified and analyzed in the
certified MND for the adoption of Exception Category ‘T’ to Section 15.20.040
(Exceptions) of the Rancho Palos Verdes Municipal Code. Additionally, the City Council
found that the project does not include changed circumstances or new information, which
were not known at the time the MND was certified, as detailed in Addendum No. 1 of the
document, which would require the preparation of a subsequent environmental analysis
pursuant to CEQA; and,
WHEREAS, on September 30, 2022, the Applicant (York Point View Properties,
LLC) submitted a Code Amendment request (Case No. PLCA2022-0009) to amend
Chapter 15.20 of the Rancho Palos Verdes Municipal Code , as it relates to Exception
Category ‘T’ to allow construction of a pool on one lot within Zone 1 of the Landslide
Moratorium Area; and,
WHEREAS, on January 17, 2023, the City Council initiated code amendment
proceedings (Staff report and minutes attached) to amend Exception Category ‘T’ of
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Resolution No. 2023-__
Page 2 of 4
RPVMC Chapter 15.20.040 to allow the construction of a pool on one lot in Zone 1 of the
City’s Landslide Moratorium Area.
WHEREAS, pursuant to Section 15164(b) (Addendums to an EIR or Negative
Declaration) of the CEQA Guidelines, an addendum to an adopted MND may be prepared
in lieu of a subsequent CEQA document, when none of the conditions described in
Section 15162 (Subsequent EIRs and Negative Declarations) of the CEQA Guidelines
have occurred; and,
WHEREAS, after a notice published in the Peninsula News providing information
of the proposed code amendment, the City Council conducted a hearing on May 2, 2023,
at which time all interested parties were given an opportunity to be heard and present
evidence regarding the proposed revisions to Chapter 15.20.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The facts set forth in the recitals of this Resolution are true and
correct and are incorporated herein by references as though set forth in full.
Section 2: The City Council deems it necessary to amend Chapter 15.20, as it
relates to Exception Category ‘T’ to allow the construction of a pool on one lot within Zone
1 of the Landslide Moratorium Area with the approval of a Landslide Moratorium
Exception Permit.
Section 3: The City Council hereby finds that pursuant to the provisions of the
CEQA, Public Resources Code Sections 21000 et. seq. the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), there is no evidence that the proposed Code Amendment to
Chapter 15.20 of the Rancho Palos Verdes Municipal Code, as it relates to Exception
Category ‘T’, will introduce new significant environmental effects or substantially increase
the severity of the environmental impacts that previously were identified and analyzed in
the certified MND for the adoption of Exception Category ‘T’ to Section 15.20.040
(Exceptions) of the Rancho Palos Verdes Municipal Code. Additionally, the project does
not include changed circumstances or new information, which we re not known at the time
the MND was certified, as detailed in Addendum No. 2 of the document, which would
require the preparation of a subsequent environmental analysis pursuant to CEQA.
Section 4: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the City Council
of the City of Rancho Palos Verdes hereby adopts Addendum No. 2 of the MND as
described in the attached Exhibit ‘A’.
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Resolution No. 2023-__
Page 3 of 4
Section 5: The City Clerk shall certify to the passage, approval, and adoption of
this Resolution, and shall cause this Resolution and her certification to be entered in the
Book of Resolutions of the City Council.
PASSED, APPROVED, AND ADOPTED this 2nd day of May 2023.
_________________________________
Barbara Ferraro, Mayor
ATTEST:
____________________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2023-__, was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on May 2, 2023.
__________________________________
CITY CLERK
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Resolution No. 2023-__
Page 4 of 4
EXHIBIT “A”
ADDENDUM NO. 2
MITIGATED NEGATIVE DECLARATION
FOR THE ZONE 1 LANDSLIDE MORATORIUM ORDINANCE REVISIONS
(CASE NO. PLCA2022-0009)
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Addendum No. 2 to the Zone 1 Landslide
Moratorium Ordinance Revisions
Initial Study/Mitigated Negative Declaration
LEAD AGENCY:
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Contact: Whitney Berry, Associate Planner
(310) 544-5225
PREPARED BY:
Michael Baker International
3760 Kilroy Airport Way, Suite 270
Long Beach, California 90806
Contact: Madonna Marcelo
(213) 627-1036
April 2023
0*<<*NT,</>'Of,
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Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023
City of Rancho Palos Verdes Page 1
1.0 INTRODUCTION
In 2016, the City of Rancho Palos Verdes’ Planning Commission adopted a Mitigated Negative
Declaration (2016 MND) for the City’s Zone 1 Landslide Moratorium Ordinance Revisions. As a
result, a new exception category (Exception Category ‘T’) was created in the City’s Landslide
Moratorium Ordinance (Rancho Palos Verdes Municipal Code [RPVMC] Chapter 15.20) to allow
residential development of any privately owned legal lots greater than 25 acres within Zone 1 of
the City’s Landslide Moratorium Area (Approved Project).
The owner of the Point View Property (Applicant) is now proposing to construct a pool on a portion
of the property. Before a development application is accepted for the pool, an amendment to the
City’s Landslide Moratorium Ordinance is required to allow for the construction of pools in the
Landslide Moratorium Area, as outlined in RPVMC Chapter 15.20 (proposed Code Amendment
or Revised Project). In considering whether to approve the Revised Project, the City, as the lead
agency pursuant to the California Environmental Quality Act (CEQA), is required to consider the
environmental consequences of the Revised Project as compared to those of the Approved
Project. Therefore, this addendum assesses the environmental impacts of the Revised Project as
compared to those of the Approved Project in accordance with the requirements of CEQA and
the CEQA Guidelines.
2.0 STATUTORY BACKGROUND
Under CEQA Guidelines Section 15162(c), once a lead agency has adopted an MND for a project
and approved the project, the lead agency’s role in project approval is completed unless further
discretionary approval on that project is required; information appearing after an approval does
not require reopening of that approval. If, after the project is approved, any of the conditions
described in CEQA Guidelines Section 15162(a) occurs, a subsequent MND shall only be
prepared by the public agency which grants the next discretionary approval for the project.
More specifically, CEQA Guidelines Section 15162 states the following:
(a) When an EIR has been certified or a negative declaration adopted for a project,
no subsequent EIR shall be prepared for that project unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record,
one or more of the following:
(1) Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of the
previous EIR or Negative Declaration due to the involvement of new
significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence
at the time the previous EIR was certified as complete or the Negative
Declaration was adopted, shows any of the following:
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Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023
City of Rancho Palos Verdes Page 2
(A) The project will have one or more significant effects not
discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible, and would substantially
reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or
alternative; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative.
In addition, CEQA Guidelines Section 15164 states the following:
(a) The lead agency or responsible agency shall prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none
of the conditions described in Section 15162 calling for preparation of a
subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only
minor technical changes or additions are necessary or none of the conditions
described in Section 15162 calling for the preparation of a subsequent EIR or
negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in
or attached to the final EIR or adopted negative declaration.
(d) The decision making body shall consider the addendum with the final EIR or
adopted negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant
to Section 15162 should be included in an addendum to an EIR, the lead
agency’s findings on the project, or elsewhere in the record. The explanation
must be supported by substantial evidence.
3.0 SUMMARY OF APPROVED PROJECT DESCRIPTION
Under the Approved Project, an amendment to the RPVMC, specifically the addition of Exception
Category ‘T’ to RPVMC Section 15.20.040 (Exceptions), allows two parcels, comprising a total of
approximately 123 acres within Zone 1 of the City’s Landslide Moratorium Area, to be developed
with residential structures. The two parcels include the 94-acre Point View Property at 6001 Palos
Verdes Drive South and the adjacent 29-acre Plumtree Property, as shown in Figure 1. The
provisions of RPVMC Section 15.20.040(T) set limits pertaining to grading quantity, size of
residential buildings and accessory structures, and lot coverage, among others. The provisions
also require geological or geotechnical studies to be conducted for projects proposed in Zone 1
to demonstrate that those projects will not aggravate the existing situation in the City’s Landslide
Moratorium Area.
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FIGURE 1Zone 1 Boundaries and the Location of the Two Residential LotsMichael BakerINTERNATIONALB-8
Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023
City of Rancho Palos Verdes Page 4
4.0 PROJECT DESCRIPTION
Existing Conditions
As shown in Figure 2, the Point View Property (Project Site) comprises approximately 25.4 acres
developed with multi-uses, including an event center in the northwestern portion of the Project
Site.1 The event center consists of a small, 190-square-foot structure referred to as the “cook
shack” building, a 190-square-foot restroom building, an outdoor fireplace, and an on-site parking
area. The event center also includes a garden area containing an oval lawn and a “ceremony
lawn” area. The eastern and southern portions of the Project Site have been developed with an
avocado orchard, vineyards, citrus groves, and olive trees. The Project Site also contains a flower
and vegetable garden, a trellis, concrete patios, walkways, a chicken coop, and an agricultural
shed. An internal driveway provides access to the event center from Palos Verdes Drive South.
In addition, the Project Site has access rights via private streets maintained by the Portuguese
Bend Community Association.
Revised Project
As described above, the Approved Project analyzed in the 2016 MND resulted in a code
amendment, which added a new exception category that allows residential development on the two
parcels in Zone 1 of the City’s Landslide Moratorium Area.
Under the Revised Project, the Applicant is proposing to construct a pool immediately west of the
previously entitled residential development on the Point View Property. The pool is not associated
with the event center and would only be used for the previously entitled residential development.
Before a development application is accepted for the pool, a Code Amendment is required to allow
for the construction of pools in the Landslide Moratorium Area, as outlined in RPVMC Chapter 15.20
. The construction of the pool, which would be depressed, would require on-site grading and ground
disturbance on the Project Site located within the Landslide Moratorium Area.
5.0 ENVIRONMENTAL ANALYSIS
This section assesses the environmental effects of the Revised Project and compares them to
the environmental effects of the Approved Project as disclosed in the adopted 2016 MND to
determine if any of the conditions described in CEQA Guidelines Section 15162 calling for
preparation of a subsequent MND have occurred. This section includes the environmental topics
that were included in the 2016 MND.
1 The 2016 MND considered a total of 123 acres, comprising the Point View Property and the Plumtree Property.
In 2022, the City purchased the Plumtree Property and approximately 68.5 acres of the southern and western
portions of the approximately 94-acre Point View Property, reducing the size of the Point View Property to
approximately 25.4 acres.
B-9
FIGURE 2
New Boundary of the Point View Property
Legend
Legend
City-Owned Reserve Properties
Point View Property
Plumtree Parcel (now City-Owned Reserve Property)
Michael Baker
NTERNATIONAL
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City of Rancho Palos Verdes Page 6
5.1 AESTHETICS
Scenic Vista
The 2016 MND determined that, given that the two parcels under the Approved Project are zoned
for residential development and do not fall within any scenic vista identified in the City of Rancho
Palos Verdes General Plan, creating an exception to allow development of two single-family
residences that are subject to RPVMC Section 17.02.040 (View Preservation and Restoration)
would have no substantial effect on a scenic vista.
For these same reasons, and because the proposed pool would be depressed and would not add
any density or height to the previously entitled residential development, the proposed Code
Amendment would have no substantial effect on a scenic vista. Therefore, there are no material
changes in circumstances, and the Revised Project would not result in any new significant or
substantially more severe environmental impacts that would affect the no impact determination in
the 2016 MND.
Scenic Resources
The 2016 MND determined that, since the two parcels under the Approved Project were
undeveloped, no historical buildings or other structures could be damaged by the future
development of two single-family residences, as permitted by the Approved Project. The 2016 MND
also determined that, although it was possible that some mature shrubs and trees might be removed
as a result of future development, damage to any scenic resources would be less than significant.
For these same reasons, and because the proposed pool would be depressed and would not add
any density or height to the previously entitled residential development, damage to any scenic
resources as a result of the proposed Code Amendment would be less than significant. Therefore,
there are no material changes in circumstances, and the Revised Project would not result in any
new significant or substantially more severe environmental impacts that would affect the less-than-
significant impact determination in the 2016 MND.
Visual Character
The 2016 MND determined that development of the two parcels, as permitted by the Approved
Project, may alter the semi-rural visual character of Zone 1 by slightly increasing the number and
density of man-made structures in the immediate neighborhood. In order to reduce this impact to
a less-than-significant level, the 2016 MND identified the following mitigation measures:
AES-1: All new residences shall be subject to neighborhood compatibility analysis under
the provisions of Section 17.02.030.B (Neighborhood Compatibility) of the Rancho Palos
Verdes Municipal Code.
AES-2: All new residences will be limited to a maximum square footage established by the
City Council through the exception category.
AES-3: All new residences shall be subject to the Development Standards established
under the RS-1 Zoning District (Single-Family Residential), with a maximum net lot
coverage of 25%.
AES-4: All new residences and residential structures shall be subject to the following
setbacks: Front = 20’; Rear = 15’; Street Side = 10’; Interior Sides = 5’.
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Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023
City of Rancho Palos Verdes Page 7
Because the proposed pool would be depressed and would not add any density or height to the
previously entitled residential development, the proposed Code Amendment would have no
substantial effect on the visual character of Zone 1 and the immediately surrounding residential
areas. Therefore, there are no material changes in circumstances, and the Revised Project would
not result in any new significant or substantially more severe environmental impacts that would
affect the determination of less-than-significant impact with mitigation in the 2016 MND.
Light or Glare
Zone 1 of the Landslide Moratorium Area is a semi-rural area and does not have streetlights;
nighttime illumination of the neighborhood is generally limited to exterior lighting for the existing
single-family residences. The 2016 MND determined that development of the parcels, as
permitted by the Approved Project, would increase the amount of nighttime lighting in the
neighborhood. In order to reduce this impact to a less-than-significant level, the 2016 MND
identified the following mitigation measures:
AES-5: Exterior illumination for new residences shall be subject to the provisions of
Section 17.56.030 (Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes
Municipal Code.
AES-6: All residential lighting shall be fully shielded, and no outdoor lighting shall be
permitted where the light source is directed toward or results in direct illumination of a
parcel of property or properties other than that upon which such light source is physically
located.
As the proposed Code Amendment would allow for the construction of a pool, pool lighting may
potentially contribute to the increase in the amount of lighting in the neighborhood. However, as
with the Approved Project, development of a pool, as permitted by the proposed Code
Amendment, would be required to implement Mitigation Measures AES-5 and AES-6 to reduce
the potential for nighttime lighting impacts. Therefore, there are no material changes in
circumstances, and the Revised Project would not result in any new significant or substantially
more severe environmental impacts that would affect the determination of less-than-significant
impact with mitigation in the 2016 MND.
5.2 AGRICULTURE RESOURCES
According to the 2016 MND, the two parcels under the Approved Project are not located on Prime
Farmland, Unique Farmland, and Farmland of Statewide Importance and would not impact such
types of land. The two parcels are zoned for single-family residential development, which permits
agricultural use; however, no portion of the two parcels is under a Williamson Act contract.
Development of a pool, as permitted by the proposed Code Amendment, would not modify the
impacts related to agricultural resources as determined in the 2016 MND. Therefore, there are no
material changes in circumstances, and the Revised Project would not result in any new
significant or substantially more severe environmental impacts that would affect the no impact
determination in the 2016 MND.
5.3 AIR QUALITY
The 2016 MND determined that development of the two parcels, as permitted by the Approved
Project, would have the potential to result in short-term construction-related air quality impacts on
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nearby sensitive receptors, such as single-family residences, due to the movement of soil and the
operation of construction equipment. However, the 2016 MND determined that the development
of these parcels with two single-family residences would not result in the exceedance of the
Localized Significance Thresholds for nitrous oxides (NOx), carbon monoxide (CO), and
particulate matter (PM10 and PM2.5). The MND also determined that in a “worst case” scenario
wherein the two parcels were developed simultaneously with grading estimated to be less than
2,000 cubic yards (1,000 cubic yard per parcel), the impacts of such grading would still be less
than significant with implementation of the following mitigation measures:
AIR-1: During construction, the applicant shall be responsible for the implementation of
all dust and erosion control measures required by the Building Official.
AIR-2: Trucks and other construction vehicles shall not park, queue, and/or idle at the
project sites or in the adjoining public or private rights-of-way, and shall be in accordance
with the permitted hours of construction stated in Section 17.56.020.B of the Rancho Palos
Verdes Municipal Code.
As with the Approved Project, construction of the proposed pool, as permitted by the proposed
Code Amendment, would involve excavation and grading that may have the potential to result in
short-term construction-related air quality impacts on adjacent single-family residences.
Construction of the pool would be required to implement Mitigation Measures AIR-1 and AIR-2 to
reduce the potential for air quality impacts during construction to less-than-significant levels.
In addition, as the zoning of the Project Site does not permit industrial uses, and the proposed
Code Amendment would only permit development of a pool, no objectionable odors are expected
to be generated. Therefore, there are no material changes in circumstances, and the Revised
Project would not result in any new significant or substantially more severe environmental impacts
that would affect the determination of less-than-significant impact with mitigation in the 2016 MND.
5.4 BIOLOGICAL RESOURCES
Sensitive Species and Conservation Plans
Coastal sage scrub is considered a sensitive plant community by the California Department of
Fish and Wildlife. The 2016 MND determined that, given the parcels under the Approved Project
abut City-owned reserve properties, the development on the parcels would have the potential to
significantly impact sensitive coastal sage scrub habitat, either through the direct removal of
habitat during construction or as a result of Fire Department-mandated fuel modification on-
and/or off-site (i.e., in the reserve) after construction of new residences. In order to reduce the
biological resources impacts of the development of these parcels to less-than-significant levels,
the 2016 MND identified the following mitigation measure:
BIO-1: For lots that are identified as containing sensitive habitat on the City’s most-recent
vegetation maps and/or that abut any portion of the current or proposed future boundary
of the Palos Verdes Nature Preserve, the applicant shall be required to prepare a
biological survey as a part of a complete application for the construction of a new, single-
family residence. Said survey shall identify the presence or absence of sensitive plant and
animal species on the subject property, and shall quantify the direct and indirect impacts
of the construction of the residence upon such species, including off-site habitat impacts
as a result of Fire Department-mandated fuel modification. The applicant and/or any
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successors in interest to the subject property shall be required to mitigate such habitat
loss through the payment of a mitigation fee to the City’s Habitat Restoration Fund.
The pool, as permitted by the proposed Code Amendment, would be located immediately
adjacent to the previously entitled residential development, away from the boundaries of City-
owned reserve properties. The pool would not require its own Fire Department-mandated fuel
modifications beyond those required for the residential development. Accordingly, development
of a pool, as permitted by the proposed Code Amendment, would not result in biological resources
impacts beyond those identified for the previously entitled residential development. Therefore,
there are no material changes in circumstances, and the Revised Project would not result in any
new significant or substantially more severe environmental impacts that would affect the
determination of less-than-significant impact with mitigation in the 2016 MND.
Wetlands
The 2016 MND determined that, since the two parcels under the Approved Project do not include
waters or wetlands regulated by the US Army Corps of Engineers, Los Angeles Regional Water
Quality Control Board, and/or the California Department of Fish and Wildlife, future development
of those parcels would have no substantial effect on wetlands.
The pool, as permitted by the proposed Code Amendment, would be located immediately
adjacent to the previously entitled residential development. Accordingly, as with the Approved
Project, the proposed Code Amendment would have no substantial effect on wetlands. Therefore,
there are no material changes in circumstances, and the Revised Project would not result in any
new significant or substantially more severe environmental impacts that would affect the no
impact determination in the 2016 MND.
Local Biological Resources Policies/Ordinances
The 2016 MND determined that, since the City does not have a protected tree ordinance, future
development under the Approved Project would not conflict with and would have no impact related
to local biological resources policies and ordinances.
The pool, as permitted by the proposed Code Amendment, would be sited immediately adjacent
to the previously entitled residential development. Accordingly, as with the Approved Project, the
proposed Code Amendment would not conflict with and would have no impact related to local
biological resources policies and ordinances. Therefore, there are no material changes in
circumstances, and the Revised Project would not result in any new significant or substantially
more severe environmental impacts that would affect the no impact determination in the 2016
MND.
5.5 CULTURAL RESOURCES
Historical Resources
The 2016 MND determined that, since the two parcels under the Approved Project have remained
undeveloped, with the exception of the development of the event garden and associated uses
and agricultural uses, future development on these two parcels would have no impact upon any
historical resources.
The event center and associated uses are recent developments and not considered historical
resources. Accordingly, as with the Approved Project, development of a pool, as permitted by the
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proposed Code Amendment, would have no impact on historical resources. Therefore, there are
no material changes in circumstances, and the Revised Project would not result in any new
significant or substantially more severe environmental impacts that would affect the no impact
determination in the 2016 MND.
Archaeological/Paleontological Resources and Human Remains
The 2016 MND determined that development of residential uses on the two parcels, as permitted
by the Approved Project, would result in potential impacts related to archaeological resources
during construction based on review of the City’s Archaeology Map. In order to reduce the impacts
on archaeological and paleontological resources, as well as human remains, to less-than-
significant levels, the 2016 MND identified the following mitigation measures:
CUL-1: Prior to the issuance of a grading permit, the applicant shall consult with the South
Central Coastal Information Center (SCCIC) regarding any known archaeological sites on
or within a half-mile radius of the subject property.
CUL-2: Prior to the issuance of a grading permit, the applicant shall conduct a Phase I
archaeological survey of the property. The survey results shall be provided to the Director
of Planning, Building and Code Enforcement for review prior to grading permit issuance.
CUL-3: Prior to the issuance of a grading permit, the applicant shall retain a qualified
paleontologist and archaeologist to monitor grading and excavation. In the event
undetected buried cultural resources are encountered during grading and excavation,
work shall be halted or diverted from the resource area and the archaeologist and/or
paleontologist shall evaluate the remains and propose appropriate mitigation measures.
Because the proposed pool would require additional excavation, the proposed Code Amendment
would result in potential impacts related to archaeological resources during construction. As with
the Approved Project, development of a pool, as permitted by the proposed Code Amendment,
would be required to implement Mitigation Measures CUL-1 through CUL-3 to reduce potential
impacts to archaeological and paleontological resources and human remains to less-than-
significant levels. Therefore, there are no material changes in circumstances, and the Revised
Project would not result in any new significant or substantially more severe environmental impacts
that would affect the determination of less-than-significant impact with mitigation in the 2016 MND.
5.6 GEOLOGY AND SOILS
According to the 2016 MND, soils on the two parcels under the Approved Project may be
expansive, as soils of the Palos Verdes Peninsula are generally known to be expansive and
occasionally unstable. Construction of two single-family residences, as permitted by the Approved
Project, could result in up to 2,000 cubic yards of grading with the maximum permitted depth of
cut and/or fill of less than 5 feet. Given the known and presumed soils conditions in and around
the two parcels, the 2016 MND determined that development of two single-family residences, as
permitted by the Approved Project, would result in significant impacts related to exposure of
people or structures to potential substantial adverse effects, including the risk of loss, injury, or
death, involving fault rupture, strong seismic ground shaking, seismic-related ground failure, and
landslides, as well as unstable and expansive soils. In order to reduce the impacts to geology and
soils to less-than-significant levels, the 2016 MND identified the following mitigation measures:
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GEO-1: If required by the City geotechnical staff, the applicant shall submit a soils report,
and/or a geotechnical report, for the review and approval of the City geotechnical staff.
GEO-2: The applicant shall submit for recordation a covenant agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit further
projects on the subject site without first filing an application with the Director pursuant to
the terms of Chapter 15.20 of the Rancho Palos Verdes Municipal Code. Such covenant
shall be submitted to the Director for recordation prior to the issuance of a building permit.
GEO-3: All other necessary permits and approvals required pursuant to the Rancho Palos
Verdes Municipal Code or any other applicable statute, law or ordinance shall be obtained.
GEO-4: Prior to building permit issuance, the applicant shall prepare an erosion control
plan for the review and approval of the Building Official. The applicant shall be responsible
for continuous and effective implementation of the erosion control plan during project
construction.
A geotechnical report was prepared to address the potential impacts of constructing a pool, as
permitted by the proposed Code Amendment, within the City’s Landslide Moratorium Area for the
Ancient Portuguese Bend Landslide Complex.2 As with the Approved Project, development of a
pool would result in potentially significant impacts related to exposure of people or structures to
potentially substantial adverse effects that involve strong seismic ground shaking, seismic-related
ground failure, and landslides, as well as unstable and expansive soils. Accordingly, development
of a pool would be required to implement Mitigation Measures GEO-1 through GEO-4 to reduce
impacts related to these issues to less-than-significant levels. Consistent with the provisions of
the Approved Project (RPVMC Section 15.20.040[T]), a geotechnical report has been submitted
for the review and approval of the City’s geotechnical staff to demonstrate that the development
of a pool adjacent to the previously entitled residential development will not aggravate the existing
situation in the City’s Landslide Moratorium Area. This geotechnical report identified
recommendations to reduce the potential for cracking and leaking of the pool, which could result
in water infiltration into the landslide complex and potentially reduce stability. These
recommendations include, but are not limited to, the following:
· Site the proposed pool away from the top of slope area to reduce the potential for
movement related to slope creep.
· Establish a pool leak prevention/detection plan.
· Prohibit unlined planter boxes, as part of the backyard landscaping, in the immediate
vicinity of the pool shell to avoid localized saturation of soils and potential lifting and
cracking of the pool decking.
· Prohibit the use of the excavated material from the pool area to build elevated planter
boxes and/or other structures adjacent to the pool area.
· Prohibit water features, such as an infinity edge, a spillway from the pool to the spa, or a
fountain feature.
· Perform periodic checks for cracks, leaking pumps, and/or connections by a maintenance
personnel.
2 LGC Geotechnical, Inc. Geotechnical Addendum Report (Proposed Swimming Pool/Spa and Backyard
Improvements), 6001 Palos Verdes Drive, Rancho Palos Verdes, California, July 21, 2022 (see Attachment A).
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· Contact a pool specialist and geotechnical consultant immediately if an excessive amount
of water or a significant increase in the amount of water is being lost.
· Maintain adequate surface drainage and controlled irrigation to keep moisture content of
the soil surrounding the pool relatively constant to reduce differential earth movements
due to the change in the moisture content of foundation soils.
As with the Approved Project, prior to issuance of any grading or building permit for the pool, the
final structural design of the pool would be reviewed by LGC Geotechnical, Inc., to verify that all
the recommendations in the geotechnical report, as well as the requirements of the most recent
California Building Code, have been incorporated. Therefore, there are no material changes in
circumstances, and the Revised Project would not result in any new significant or substantially
more severe environmental impacts that would affect the determination of less-than-significant
impact with mitigation in the 2016 MND.
5.7 GREENHOUSE GAS (GHG) EMISSIONS
According to the 2016 MND, the Approved Project, which allows development of two single-family
residences, could result in increased carbon dioxide output upon buildout of the two parcels in
Zone 1. However, the 2016 MND determined that this future development would include features
to offset the carbon footprint. In addition to the use of water being carefully controlled within the
Landslide Moratorium Area, the new residences would be constructed in accordance with the
most current energy efficiency standards and would tend to counteract the negative effects of
sprawl by “in-filling” an established residential neighborhood rather than converting raw land to
urban use. The City has developed a Green Building Construction Program, which has been
codified in RPVMC Chapter 17.83 (Green Building Construction), and an Emissions Reduction
Action Plan to increase energy efficiency in new residential development, among other types of
development, beyond the requirements of the California Energy Efficiency Standards (Title 24
standards), which includes the California Green Building Standards (CALGreen) Code. For all
these reasons, the 2016 MND determined that GHG emissions associated with the Approved
Project would be less than significant.
As the proposed Code Amendment would allow for development of a pool, additional GHG
emissions would be generated during construction and operation of a pool. However, due to the
reformulation of fuel (i.e., ultra-low sulfur diesel) and increasingly stricter limits on engine emissions
from heavy duty engines since 2016, the addition of a pool is not anticipated to result in a substantial
increase in construction-related emissions from those that were identified in the 2016 MND for the
Approved Project. In addition, the Applicant would be required to demonstrate compliance with the
2022 Building Energy Efficiency Standards, which includes 2022 CALGreen Code provisions,
including those related to pool systems, heating, and equipment (e.g., pump) at the time building
permits are obtained. Accordingly, implementation of the Title 24 Energy Efficiency Standards would
ensure that operation of a pool would be energy-efficient. As a result, as with the Approved Project,
the Revised Project would be consistent with the adopted GHG regulations, policies, and plans.
Therefore, there are no material changes in circumstances, and the Revised Project would not result
in any new significant or substantially more severe environmental impacts that would affect the less-
than-significant impact determination in the 2016 MND.
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5.8 HAZARDS AND HAZARDOUS MATERIALS
The 2016 MND discussed that no hazardous materials or conditions are known or expected to
exist on the two parcels under the Approved Project based, in part, on the undeveloped nature of
the lots. Accordingly, the two parcels are not on a list of hazardous materials sites pursuant to
Government Code Section 65962.5. The 2016 MND determined that development of the two
single-family residences, as permitted by the Approved Project, would have no impact related to
schools within one-quarter mile due to hazardous emissions or impacts related to airports or
airstrips. In addition, the 2016 MND determined that development of the two parcels, as permitted
by the Approved Project, would not be incompatible with the purpose of the 2004 Joint Natural
Hazards Mitigation Plan and the 2020 Multi-Jurisdictional Hazard Mitigation Plan. As such, the
proposed Code Amendment would not significantly impair implementation of or physically
interfere with an adopted emergency response plan or emergency evacuation plan. However,
since the entire Palos Verdes Peninsula is located within a Very High Fire Severity Zone, future
development of the two parcels, as permitted by the Approved Project, would have the potential
to expose people or structures to a significant risk of loss, injury, or death involving wildland fires.
In order to reduce the wildfire hazard impacts of the development of these parcels to less-than-
significant levels, the 2016 MND identified the following mitigation measure:
HAZ-1: New, single-family residences and related accessory structures shall be designed
to incorporate all fire protection requirements of the City’s most recently adopted Building
Code, to the satisfaction of the Building Official.
Development of a pool, as permitted by the proposed Code Amendment, would not expose
additional people or structures to wildland fires beyond those identified in the 2016 MND.
Nonetheless, as with the Approved Project, development of a pool would be required to implement
Mitigation Measure HAZ-1 to reduce potential impacts related to wildland fire to less-than-
significant levels. Therefore, there are no material changes in circumstances, and the Revised
Project would not result in any new significant or substantially more severe environmental impacts
that would affect the determination of less-than-significant impact with mitigation in the 2016 MND.
5.9 HYDROLOGY AND WATER QUALITY
The 2016 MND determined that development of residential uses on the two parcels, as permitted
by the Approved Project, would result in increased impermeable surface area and changes to
drainage patterns, as well as increased potential for erosion and stormwater runoff during
construction. Since the two parcels fall within or adjacent to a designated Environmentally
Sensitive Area, development on the two parcels would have the potential to affect water quality
or contribute runoff water that would exceed the capacity of existing or planned stormwater
drainage systems or additional sources of polluted runoff. In order to reduce the water quality and
drainage impacts related to development of residences, permitted by the Approved Project, to
less-than-significant levels, the 2016 MND identified the following mitigation measures:
HYD-1: Any development proposal located within, adjacent to or draining into a designated
Environmental Sensitive Area (ESA) shall require the review and approval by the City’s
LID Ordinance consultant prior to building permit issuance.
HYD-2: If lot drainage deficiencies are identified by the Director of Public Works, all such
deficiencies shall be corrected by the applicant.
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HYD-3: Roof runoff from all buildings and structures on the site shall be contained and
directed to the streets or an approved drainage course.
HYD-4: All landscaping irrigation systems shall be part of a water management system
approved by the Director of Public Works. Irrigation for landscaping shall be permitted only
as necessary to maintain the yard and garden.
Because the pool would also result in the addition of impermeable surface area and potential for
erosion and runoff during construction, the proposed Code Amendment would result in potential
impacts related to hydrology and water quality. As with the Approved Project, development of a
pool, as permitted by the proposed Code Amendment, would be required to implement Mitigation
Measures HYD-1 through HYD-4 to reduce potential impacts to hydrology and water quality to
less-than-significant levels. Therefore, there are no material changes in circumstances, and the
Revised Project would not result in any new significant or substantially more severe environmental
impacts that would affect the determination of less-than-significant impact with mitigation in the 2016
MND.
The 2016 MND also determined that development of residential uses on the two parcels, as
permitted by the Approved Project, would not deplete groundwater supplies or interfere with
groundwater recharge, place housing or structures within a flood hazard zone, or expose people
or structures to a significant risk from flooding or inundation. As with the Approved Project,
development of a pool, as permitted by the proposed Code Amendment, would not require the
use of groundwater, place housing or structures within a flood hazard area, or result in inundation
and as such, would have no impact related to these issues. Therefore, there are no material
changes in circumstances, and the Revised Project would not result in any new significant or
substantially more severe environmental impacts that would affect the no impact determination in
the 2016 MND.
5.10 LAND USE AND PLANNING
The 2016 MND determined that the development of residential uses on the two parcels, as
permitted by the Approved Project, would not (1) physically divide an established community since
the identified lots are currently zoned for residential development and are surrounded by
residential development or (2) conflict with any applicable land use plan, policy or regulation
adopted for the purpose of avoiding or mitigating an environmental effect. Accordingly, the 2016
MND concluded that the Approved Project would have no impact related to the physical division
of an established community or conflict with any land use plans. However, the 2016 MND
determined that, since the two parcels are surrounded by City-owned preserve areas,
development of the residential uses may conflict with the City’s Habitat Conservation Plan/Natural
Community Conservation Plan (HCP/NCCP) as a result of the potential impacts to coastal sage
scrub habitat as identified in Section 5.4, Biological Resources, above. In order to reduce this
conflict to a less-than-significant level, the 2016 MND recommended implementation of Mitigation
Measure BIO-1.
Development of a pool, as permitted by the proposed Code Amendment, would be an accessory
use to the previously entitled residential development. Accordingly, the proposed Code
Amendment would have no impact related to the physical division of an established community
or conflict with land use plans. Therefore, there are no material changes in circumstances, and
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the Revised Project would not result in any new significant or substantially more severe
environmental impacts that would affect the no impact determination in the 2016 MND.
In addition, as discussed in Section 5.4, Biological Resources, above, the pool would be located
immediately adjacent to the previously entitled residential development, away from the
boundaries of City-owned reserve properties. As such, the proposed Code Amendment would not
conflict with the City’s HCP/NCCP. Therefore, there are no material changes in circumstances,
and the Revised Project would not result in any new significant or substantially more severe
environmental impacts that would affect the determination of less-than-significant impact with
mitigation in the 2016 MND.
5.11 MINERAL RESOURCES
The 2016 MND determined that, as there are no mineral resources known or expected to exist on
the two parcels under the Approved Project, shallow surface excavations would have no impact
to these resources.
Development of a pool, as permitted by the proposed Code Amendment, would require additional
excavation. However, additional excavation activities are not anticipated to result in the loss of
availability of a (1) known mineral resource that would be of value to the region and residents of
the state or (2) locally important mineral resource recovery site. As with the Approved Project, the
proposed Code Amendment would have no impact on mineral resources. Therefore, there are no
material changes in circumstances, and the Revised Project would not result in any new
significant or substantially more severe environmental impacts that would affect the no impact
determination in the 2016 MND.
5.12 NOISE
The 2016 MND determined that, although the construction of two single-family residences, as
permitted by the Approved Project, would increase ambient noise in the area as a result of
household and vehicle noise, the large size of the two parcels under the Approved Project and
the presence of existing mature foliage along the private right-of-way would serve as buffers to
the “operational” noise associated with new residences. The movement of soil and the operation
of construction equipment would have the potential to create short-term construction-related noise
and vibration impacts on nearby sensitive receptors, such as existing single-family residences in
Zone 1. In order to reduce the construction noise impacts of the development of these parcels to
less-than-significant levels, the 2016 MND identified the following mitigation measure:
NOI-1: Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7:00 AM Monday through Friday and before 9:00 AM on Saturday, in
accordance with the permitted hours on construction stated in this condition. When
feasible to do so, the construction contractor shall provide staging areas on-site to
minimize off-site transportation of heavy construction equipment. These areas shall be
located to maximize the distance between staging activities and neighboring properties,
subject to approval by the building official.
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Development of a pool, as permitted by the proposed Code Amendment, is anticipated to result
in the same maximum daily noise levels during construction and would also have the potential to
create short-term construction-related noise and vibration impacts on nearby sensitive receptors.
As with the Approved Project, development of a pool would be required to implement Mitigation
Measure NOI-1 to reduce potential noise and vibration impacts to less-than-significant levels.
Therefore, there are no material changes in circumstances, and the Revised Project would not
result in any new significant or substantially more severe environmental impacts that would affect
the determination of less-than-significant impact with mitigation in the 2016 MND.
In addition, the 2016 MND determined that development of the two single-family residences, as
permitted by the Approved Project, would have no impact related to the exposure of people to
airport or airstrip noise. As with the Approved Project, development of a pool, as permitted by the
proposed Code Amendment, would not result in the exposure of people to airport or airstrip noise.
Therefore, there are no material changes in circumstances, and the Revised Project would not
result in any new significant or substantially more severe environmental impacts that would affect
the no impact determination in the 2016 MND.
5.13 POPULATION AND HOUSING
The 2016 MND determined that development of two single-family residences, as permitted by the
Approved Project, could increase the number of housing units in the City but would not exceed
the Southern California Association of Governments’ Regional Housing Needs Assessment
allotment for the City. Accordingly, population and housing impacts of the Approved Project were
considered to be less than significant. In addition, as the two parcels under the Approved Project
are undeveloped, no existing housing or persons would be displaced as a result of development
of two single-family residences. Therefore, there are no material changes in circumstances, and
the Revised Project would not result in any new significant or substantially more severe
environmental impacts that would affect the less-than-significant impact determination in the 2016
MND.
Development of a pool, as permitted by the proposed Code Amendment, would not generate or
displace populations or housing. As such, the proposed Code Amendment would have no impact
on population and housing. Therefore, there are no material changes in circumstances, and the
Revised Project would not result in any new significant or substantially more severe environmental
impacts that would affect the no impact determination in the 2016 MND.
5.14 PUBLIC SERVICES
The 2016 MND determined that the small increase in population generated by the two single-
family residences, as permitted by the Approved Project, is not expected to place significant
additional demands on public services (e.g., fire, police, parks, libraries) and concluded that
impacts to these public services would be less than significant. In addition, as required of new
residential construction, applicants would pay development fees to the Palos Verdes Peninsula
Unified School District.
Development of a pool, as permitted by the proposed Code Amendment, would not generate an
increase in population such that additional impacts to public services beyond those identified for
the Approved Project would occur. Therefore, there are no material changes in circumstances, and
the Revised Project would not result in any new significant or substantially more severe
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environmental impacts that would affect the less-than-significant impact determination in the 2016
MND.
5.15 RECREATION
The 2016 MND determined that the small increase in population generated by development of
two single-family residences, as permitted by the Approved Project, is not expected to place
significant additional demands on the City’s recreational facilities.
Development of a pool, as permitted by the proposed Code Amendment, would not generate an
increase in population such that additional impacts to recreation beyond those identified for the
Approved Project would occur. Therefore, there are no material changes in circumstances, and
the Revised Project would not result in any new significant or substantially more severe
environmental impacts that would affect the less-than-significant impact determination in the 2016
MND.
5.16 TRANSPORTATION/TRAFFIC
The 2016 MND determined that development of two single-family residences, as permitted by the
Approved Project, would generate an average of 19 daily trips, with two a.m. peak hour trips and
two p.m. peak hour trips, which would result in transportation/traffic impacts that would be less
than significant.
Development of a pool, as permitted by the proposed Code Amendment, would not generate any
trips. As such, the proposed Code Amendment would have no impact on the existing traffic load
or the level of service of any roadways, intersections, or highways. Therefore, there are no
material changes in circumstances, and the Revised Project would not result in any new
significant or substantially more severe environmental impacts that would affect the less-than-
significant impact determination in the 2016 MND.
In addition, the 2016 MND determined that development of two single-family residences, as
permitted by the Approved Project, would not result in a change in air traffic patterns, hazards
due to a design feature, inadequate emergency access, or inadequate parking, or conflict with
transportation plans and policies and, as such, would have no impact related to these issues.
As with the Approved Project, development of a pool, as permitted by the proposed Code
Amendment, would have no impact related to these issues. Therefore, there are no material
changes in circumstances, and the Revised Project would not result in any new significant or
substantially more severe environmental impacts that would affect the no impact determination in
the 2016 MND.
5.17 UTILITIES/SERVICE SYSTEMS
Wastewater and Stormwater
The 2016 MND determined that the Abalone Cove Sewer System, which serves the Abalone
Cove area and the Portuguese Bend community, would not have adequate capacity to serve
development of two single-family residences, as permitted by the Approved Project. In order to
reduce the wastewater, stormwater, and related infrastructure impacts resulting from the
development of the two single-family residences to less-than-significant levels, the 2016 MND
identified the following mitigation measures:
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UTL-1: If the Director of Public Works determines that the sanitary sewer system cannot
accommodate a new connection at the time of building permit issuance, the project shall
be connected to a City-approved holding tank system until such time as the sanitary sewer
system can accommodate the project. In such cases, once the sanitary sewer system
becomes available to serve the project, as determined the Director of Public Works, the
holding tank system shall be removed, and the project shall be connected to the sanitary
sewer system.
UTL-2: If the project involves additional plumbing fixtures, or additions of habitable space
which exceed two hundred square feet, or could be used as a new bedroom, bathroom,
laundry room or kitchen, and if the lot or parcel is not served by a sanitary sewer system,
septic systems shall be replaced with approved holding tank systems in which to dispose
of on-site waste water. The capacity of the required holding tank system shall be subject
to the review and approval of the City’s Building Official. For the purposes of this mitigation
measure, the addition of a sink to an existing bathroom, kitchen or laundry room shall not
be construed to an additional plumbing fixture. For those projects which involve additions
of less than two hundred square feet in total area and which are not to be used as a new
bedroom, bathroom, laundry room or kitchen, the applicant shall submit for recordation a
covenant specifically agreeing that the addition of the habitable space will not be used for
those purposes. Such covenant shall be submitted to the Director for recordation prior to
the issuance of a building permit. For lots or parcels which are to be served by a sanitary
sewer system on or after July 6, 2000, additional plumbing fixtures may be permitted and
the requirement for a holding tank may be waived, provided that the lot or parcel is to be
connected to the sanitary sewer system. If a sanitary sewer system is approved and/or
under construction but is not yet operational at the time that a project requiring a landslide
moratorium exception permit is approved, the requirement for a holding tank may be
waved prior to building permit issuance, provided that the lot or parcel is required to be
connected to the sanitary sewer system pursuant to Section 15.20.110 of the Rancho
Palos Verdes Municipal Code, or by an agreement or condition of project approval.
UTL-3: If the lot or parcel is not served by a sanitary sewer system, the applicant shall
submit for recordation a covenant agreeing to support and participate in existing or future
sewer and/or storm drain assessment districts and any other geological and geotechnical
hazard abatement measures required by the City. Such covenant shall be submitted to
the Director prior to the issuance of a building permit.
UTL-4: If the lot or parcel is not served by a sanitary sewer system, the applicant shall
submit for recordation a covenant agreeing to an irrevocable offer to dedicate to the City
a sewer and storm drain easement on the subject property, as well as any other easement
required by the City to mitigate landslide conditions. Such covenant shall be submitted to
the Director prior to the issuance of a building permit.
UTL-5: If the lot or parcel is served by a sanitary sewer system, the sewer lateral that
serves the applicant’s property shall be inspected to verify that there are no cracks, breaks,
or leaks and, if such deficiencies are present, the sewer lateral shall be repaired or
reconstructed to eliminate them, prior to the issuance of a building permit for the project
that is being approved pursuant to the issuance of a moratorium exception permit.
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UTL-6: Prior to the issuance of any building permits, for either of the two lots (“Point View”
or “Plumtree”), and Area Sewer Study shall be submitted to the Director of Public Works
for review and approval that indicates adequate capacity in both the Abalone Cove Sewer
System and within the existing Sanitation District System exists.
Development of a pool, as permitted by the proposed Code Amendment, would not result in
wastewater, stormwater, and related infrastructure impacts beyond those identified for the
previously entitled residential development. In addition, since the adoption of the 2016 MND, more
recent water conservation measures and code requirements related to pool filters, backwash, and
drainage have been established, which, in turn, would result in a more water-efficient pool.
Furthermore, operation of a pool would not substantially increase solid waste generation beyond
that identified for the Approved Project. As with the Approved Project, the Revised Project would
implement the mitigation measures above to reduce potential impacts to less-than-significant
levels. Therefore, there are no material changes in circumstances, and the Revised Project would
not result in any new significant or substantially more severe environmental impacts that would
affect the determination of less-than-significant impact with mitigation in the 2016 MND.
Water Supply
According to the 2016 MND, development of two single-family residences, as permitted by the
Approved Project, could potentially increase the number of households and persons in the City
by less than 0.1 percent. Given this minimal increase as compared to the amount of water used
in the California Water Service Company service area, in which the Point View Property is located,
the 2016 MND determined that water supply impacts resulting from development of two single-
family residences would be less than significant. Similarly, given the limited potential scope of the
two single-family residences, the 2016 MND determined that solid waste disposal impacts would
be less than significant.
Development of a pool, as permitted by the proposed Code Amendment, would result in an
increased demand for water. However, since the adoption of the 2016 MND, more recent water
conservation measures and code requirements related to pool filters, backwash, and drainage
have been established, which, in turn, would result in a more water-efficient pool. In addition,
operation of a pool does not require daily water consumption. Pool industry experts recommend
pool water be replaced (i.e., drained and refilled) every five to seven years.3 Furthermore, pool
water may serve as backup water supply, when equipped with a portable fire pump cart and fire
hose system, in the event of a wildfire.4 Therefore, there are no material changes in
circumstances, and the Revised Project would not result in any new significant or substantially
more severe environmental impacts that would affect the less-than-significant impact
determination in the 2016 MND.
3 Pools&Patiospros, How Often Should You Drain and Refill Your Pool?, February 4, 2021, https://www.poolandpatiopros.
com/how-often-should-you-drain-and-refill-your-pool/; San Diego Pools, How Frequently Should I Replace The Water In
My Pool?, https://www.sandiegopools.com/timeline-for-replacing-water-in-swimming-pool/, accessed April 20, 2023; Deep
Blue, How Often Should I Replace the Pool Water?, https://www.swimdeepblue.com/blog/2018/01/how-often-should-i-
replace-the-pool-water/, accessed April 20, 2023; The Pool Butler, When to Drain a Swimming Pool, https://thepoolbutler.
net/when-to-drain-a-swimming-pool/, accessed April 20, 2023; Sterling Pool Service, How Often Should I Drain My Pool?,
https://www.sterlingpoolservice.com/blog/how-often-should-i-drain-my-pool, accessed April 20, 2023.
4 Code 3 Water, Portable Wildfire Honda Powered Fire Pump Home Protection Cart Systems, https://code3water.com/,
accessed April 20, 2023; JSS Fire Supply, Home Wildfire Pumps, https://www.jjsfiresupply.com/, accessed April 20, 2023.
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5.18 MANDATORY FINDINGS OF SIGNIFICANCE
The 2016 MND determined that with implementation of the identified mitigation measures,
development of two single-family residences, as permitted by the Approved Project, would not
degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species;
cause fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant
or animal community; or reduce the number or restrict the range of a rare or endangered plant or
animal. In addition, as shown in the 2016 MND, development of two single-family residences, as
permitted by the Approved Project, would not eliminate important examples of the major periods
of California history or pre-history. As detailed above, development of a pool, as permitted by the
proposed Code Amendment, would be required to implement the mitigation measures proposed
by the Approved Project, where applicable, to reduce potential impacts to less-than-significant
levels. With regard to other environmental concerns, development of a pool, as permitted by the
proposed Code Amendment, would result in no impacts or less-than-significant impacts.
Under the Approved Project, concurrent development of the identified lots was deemed unlikely
due to separate ownership of the neighboring lots. Moreover, the implementation of mitigation
measures would reduce impacts to less-than-significant levels. Accordingly, the 2016 MND
determined that cumulative impacts would be less than significant. As detailed above,
development of a pool, as permitted by the proposed Code Amendment, would implement the
mitigation measures proposed by the Approved Project, where applicable, to reduce potential
impacts to less-than-significant levels. Therefore, under the Revised Project, cumulative impacts
would also be less than significant.
As discussed above, all potentially significant environment effects of the Approved Project would
be mitigated to less-than-significant levels. As such, the 2016 MND determined that the Approved
Project would have no substantial adverse effects on human beings, either directly or indirectly.
Similarly, with implementation of the applicable mitigation measures provided in the 2016 MND,
development of a pool, as permitted by the proposed Code Amendment, would not result in
substantial adverse effects on human beings, either directly or indirectly. Therefore, there are no
material changes in circumstances, and the Revised Project would not result in any new significant
or substantially more severe environmental impacts that would affect the impact determination in
the 2016 MND.
6.0 CONCLUSION
CEQA Guidelines Section 15164(b) states that the Lead Agency shall prepare an addendum to a
previously certified negative declaration if only minor technical changes or additions are
necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the
preparation of a subsequent negative declaration have occurred. The Revised Project described
above does not result in significant modifications or have any occurrences within the conditions
described in CEQA Guidelines Section 15162. In addition, the impact comparison provided above
demonstrates that no new potentially significant impacts would occur and that no substantial
increase in the severity of impacts would occur upon implementation of the Revised Project.
On the basis of the evaluation contained in this document, there are no changes in the Approved
Project or the circumstances under which the Revised Project is being undertaken or any new
information of substantial importance that was not known to the Lead Agency at the time the 2016
MND was adopted that trigger any of the conditions identified in CEQA Guidelines Section 15162,
B-25
Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023
City of Rancho Palos Verdes Page 21
which would require a subsequent CEQA document. Therefore, pursuant to CEQA Guidelines
Sections 15162 and 15164, this addendum has been prepared to document the changes to the
adopted 2016 MND for the Revised Project to explain the Lead Agency’s decision not to prepare
a subsequent CEQA document or a new MND.
B-26
Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023
City of Rancho Palos Verdes Attachment A
ATTACHMENT A
Geotechnical Report
B-27
RECEIVED
Geotechnical, Inc.SEP 1 4 2022
City of Rancho Palos Verdes
Community Development 14018-03July 21, 2022
Mr. Jim York
York Capital Group, Inc.
6001 Palos Verdes Drive South
Rancho Palos Verdes, California 90275
Geotechnical Addendum Report (Proposed Swimming Pool/Spa and Backyard
Improvements), 6001 Palos Verdes Drive, Rancho Palos Verdes, California
Subject:
Introduction
In accordance with your request, LGC Geotechnical, Inc. (LGC Geotechnical) is providing this geotechnical
addendum report providing recommendations for proposed swimming pool/spa and backyard
improvements for 6001 Palos Verdes Drive South, Rancho Palos Verdes, California.
As of the date of this writing, plans for the proposed swimming pool, spa, and associated hardscape
and landscape improvements at the site have not been prepared. The following recommendations are
based on the as-graded conditions of the site (LGC Geotechnical, 2021). This report has been
prepared under the assumption that the proposed swimming pool/spa and associated
improvements will be within the limits of grading for the main residence reported in the as-
graded geotechnical report (LGC Geotechnical, 2021). Should that not be the case, additional
evaluation may be required to determine appropriate geotechnical recommendations and
parameters.
This report is not a stand-alone document and must be used in conjunction with the referenced
reports (refer to references) for completeness.
Geotechnical Discussion Regarding Proposed Swimming Pool
We understand concern has been raised regarding construction of a swimming pool in the City of
Rancho Palos Verdes Landslide Moratorium Area for the Ancient Portuguese Bend Landslide Complex.
Presumably, the concern is that a leaking pool could result in water infiltration into the landslide
complex, potentially resulting in a reduction of stability.
It should be considered that the geotechnical recommendations and parameters provided herein are
intended to reduce the potential for cracking and leaking of the pool. Special design considerations
have been provided for proposed swimming pool/spa due to the highly expansive nature of site soils
(LGC Geotechnical, 2018). We recommend that the proposed swimming pool/spa be sited away from
the top of slope area to reduce the potential for slope creep related movement.
131 Calle Iglesia, Suite 200, San Clemente, CA 92672 'Br (949) 369-6141 www.lgcgeotechnical.comB-28
We further recommend that a pool leak prevention/detection plan be established for the proposed
pool/spa improvements. Due to site highly expansive soils, movement of proposed improvements will
occur over time. The provided geotechnical recommendations will reduce [but not eliminate) movement
[e.g., cracking, tilting, etc.).
Seismic Design Criteria
Below are geotechnical seismic parameters if the structural designer deems it necessary in the design
of any of the planned improvements.
The site seismic characteristics were evaluated per the guidelines set forth in Chapter 16, Section 1613
of the 2019 California Building Code [CBC) and applicable portions of ASCE 7-16 which has been
adopted by the CBC. Please note that the following seismic parameters are only applicable for code
based acceleration response spectra and are not applicable for where site-specific ground motion
procedures are required by ASCE 7-16. Representative site coordinates of latitude 33.7481 degrees
north and longitude -118.3786 degrees west were utilized in our analyses. The maximum considered
earthquake [MCE) spectral response accelerations [Sms and Smi) and adjusted design spectral response
acceleration parameters [Sds and Sdi) for Site Class D are provided in Table 1 on the following page.
Since site soils are Site Class D, additional adjustments are required to code acceleration response
spectrums as outlined below and provided in ASCE 7-16. The structural designer should contact the
geotechnical consultant if structural conditions [e.g., number of stories, seismically isolated structures,
etc.) require site-specific ground motions.
A deaggregation of the PGA based on a 2,475-year average return period [MCE) indicates that an
earthquake magnitude of 6.80 at a distance of 9.8 km from the site would contribute the most to this
ground motion. A deaggregation of the PGA based on a 475-year average return period [Design
Earthquake) indicates that an earthquake magnitude of 6.64 at a distance of 15.27 km from the site
would contribute the most to this ground motion (USGS, 2014).
Section 1803.5.12 of the 2019 CBC [per Section 11.8.3 of ASCE 7) states that the maximum considered
earthquake geometric mean [MCEg) Peak Ground Acceleration [PGA) should be used for liquefaction
potential. The PGAm for the site is equal to 0.715g [SEAOC, 2022). The design PGA is equal to 0.477g
[2/3 of PGAm).
July 21,2022Project No. 14018-03 Page 2
B-29
TABLE 1
Seismic Design Parameters
Seismic
Design
Values
Selected Parameters from 2019 CBC,
Section 1613 - Earthquake Loads Notes/Exceptions
Distance to applicable faults classifies the site as a
"Near-Fault" site.Section 11.4.1 of ASCE 7
Chapter 20 of ASCE 7Site Class D*
Ss (Risk-Targeted Spectral Acceleration
for Short Periods) 1.495g From SEAOC, 2022
Si (Risk-Targeted Spectral
Accelerations for 1-Second Periods)From SEAOC, 20220.537g
For Simplified Design Procedure
of Section 12.14 of ASCE 7, Fa
shall be taken as 1.4 (Section
12.14.8.1)
Fa (per Table 1613.2.3(1))1.0
Value is only applicable per
requirements/exceptions per
Section 11.4.8 of ASCE 7
Fv (per Table 1613.2.3(2))1.763
Sms for Site Class D
[Note: Sms = FaSsl 1.495g
Value is only applicable per
requirements/exceptions per
Section 11.4.8 of ASCE 7
Smi for Site Class D
[Note: Smi = FvSi]0.947g
Sds for Site Class D
[Note: Sps - (2/3)Sms1
Sdi for Site Class D
[Note: Sdi = (2/3)Smi]
0.997g
Value is only applicable per
requirements/exceptions per
Section 11.4.8 of ASCE 7
0.631g
ASCE 7 Chapter 22Crs (Mapped Risk Coefficient at 0.2 sec) 0.897
ASCE 7 Chapter 22Cri (Mapped Risk Coefficient at 1 sec)0.896
*Since site soils are Site Class D and Si is greater than or equal to 0.2, the seismic response
coefficient Cs is determined by Eq. 12.8-2 for values of T ^ 1.5TS and taken equal to 1.5
times the value calculated in accordance with either Eq. 12.8-3 for Tl £ T > Ts, or Eq. 12.8-4
for T > Tl. Refer to ASCE 7-16.
Swimming Pools and Spas
A lateral earth pressure of 125 pcf may be used for design of swimming pool/spa shells. Other criteria,
contained on Figures 1 through 3, should also be considered for design of swimming pools/spas. To
July 21,2022Page 3Project No. 14018-03
B-30
avoid localized saturation of soils, landscaping of the backyard should not be planned with unlined
planter boxes in the immediate vicinity of the swimming pool/spa shell.
The excavated material from the swimming pool/spa area is often used to build elevated planter boxes
and/or other structures adjacent to the pool area. This practice imposes significant loads at the
location of these structures and induces differential settlements and therefore is not recommended.
This practice could jeopardize the integrity of the swimming pool/spa and possibly other
improvements. Pool decking should also receive special design considerations since the pool is
founded generally 5 to 6 feet below grade. If pool decking is not correctly designed for expansive soils,
differential movement between the flatwork and pool will occur. Whether the swimming pool/spa
shell is within the zone of influence of the building or wall footing, the requirement for shoring or
support for the building or wall footing should also be taken into consideration.
It is important to understand the serious consequences that a leaking swimming pool or spa may
cause. A leaking pool or spa can create a serious risk to the integrity of nearby slopes due to a build-up
of pore-water pressure, which in-turn can lead to slope failures. Additionally, a leaking pool or spa,
which provides a source of water to expansive soils, may cause excessive cracking and/or uplift to
adjacent improvements. Swimming pools and spas require that the maintenance personnel perform
periodic maintenance including checking for cracks, leaking pumps, pipes, and/or connections.
Maintenance personnel should be conscious and monitor the amount of the water that is being "lost”
from the swimming pool or spa on a weekly or monthly basis. If an excessive amount of water is being
"lost” or there is a significant increase in the amount of "lost" water, a pool specialist and geotechnical
consultant should be contacted immediately to assess the situation.
Pools or spas constructed in close vicinity to descending slopes may settle and/or tilt due to
differential settlement and/or slope creep. We recommend construction of these improvements near
top-of-slope conditions be avoided. If proposed, we recommend a specialist pool designer be
employed to design the pool, assuming a total of approximately 3 inches of total settlement and a
differential settlement of 1-inch in 20 horizontal feet. This may entail a double cage reinforcement or
alternatively placing the pool on a deep foundation system to limit (but not eliminate) lateral and
vertical movement of the pool/spa. Placement of the swimming pool/spa on a deep foundation system
is anticipated to reduce (not eliminate) lateral and vertical movement. This decision should be made
by the owner and designer based on the expected performance of the improvements. If requested,
geotechnical parameters for deep foundations will be provided.
Any proposed swimming pools and/or spa adjacent to slopes should meet the setback requirements of
the 2019 California Building Code (CBC). In general, swimming pools should be setback a horizontal
distance of H/6 from the face of descending slopes, to a maximum horizontal setback of 20 feet. The
portion of the swimming pool within a horizontal distance of 7 feet from the top of the slope shall be
capable of supporting the water in the pool without soil support.
Water Features
We recommend attention be given to water features including an infinity edge, a spillway from the pool
to the spa or a fountain feature. As with pools and spas, any cracking and subsequent leakage from these
structures cannot be tolerated. The liner systems for these features should be designed in the same
manner as that for the pool unless a flexible liner may be utilized to the same effect. The liner should be
installed per the manufacturer’s recommendations and guaranteed against leakage within its design life.
July 21,2022Project No. 14018-03 Page 4
B-31
If leakage from the water features is evident then repairs must be made immediately to avoid
widespread saturation of the surrounding soils.
Pool Area Non-Structural Concrete Hardscape and Flatwork
Pool/spa decking should also receive special design considerations since the decking is at grade while
the pool is generally founded deeper. If pool/spa decking is not correctly designed for expansive soils,
differential movement between the flatwork and pool will occur. We commonly observe pool decks
lifting relative to the pool coping.
We recommend that the landscape architect design as much flexibility as possible into the hardscape
to account for future movement. We expect the proposed concrete paving will crack due to both
shrinkage as well as soil movement, therefore we recommend the use of regular construction joints to
reduce unsightly cosmetic cracking. The contractor must ensure these are placed at the recommended
spacing, properly constructed and deep enough to control cracking. Concrete hardscape and flatwork
(such as stairs/steps, walkways, decking, etc.] has a high potential for cracking due to changes in soil
volume related to soil-moisture fluctuations. To reduce the potential for excessive cracking and lifting,
concrete should be designed in accordance with the minimum guidelines outlined in Table 2 and
Figures 1 through 3. These guidelines will help reduce the potential for irregular cracking and promote
cracking along construction joints but will not eliminate all cracking or lifting. Thickening the concrete
and/or adding additional reinforcement will further reduce cosmetic distress. Please note: these
minimum guidelines presented herein are based upon our experiences with expansive soil conditions.
These guidelines are subject to review and modification by the pool designer and the owner, based
upon the long-term performance expectations of the non-structural pool area improvements. Concrete
flatwork recommendations for areas not adjacent to pools are provided in LGC Geotechnical, 2018.
TABLE 2
Pool Area Concrete Flatwork Guidelines for Very High Expansion Potential Soils
Concrete Decking
5 inchesMinimum Concrete Thickness
4 inchesSand Thickness
Moisture Condition Prior to Concrete
Placement
140% of optimum moisture content to a
minimum depth of 12 inches
No. 3 at 18 inches on centersReinforcement
Cut-off footing for Concrete Decking
Adjacent to Pool Shell (inches)6 inches wide by 24 inches deep
Saw cut or deep open tool joint to a
minimum of 1h the concrete thicknessCrack Control Joints
5 feet (3 to 4 feet is preferred]Recommended Maximum Joint Spacing
July 21,2022Page 5Project No. 14018-03
B-32
Landscaping
The following recommendations may be used as a guide for softscape and hardscape improvements. It
is paramount that construction of future landscaping improvements will not cause obstruction of an
existing drainage pattern or cause surface water to collect and create saturated soils adjacent to the
foundation.
Planters adjacent to a building or structure should be avoided wherever possible or be properly
designed (e.g., lined with a membrane], to reduce the penetration of water into the adjacent footing
subgrades and thereby reduce moisture-related damage to the foundation. Planting areas at grade
should be provided with appropriate positive drainage. Wherever possible, exposed soil areas should
be above adjacent paved grades to facilitate drainage. Planters should not be depressed below
adjacent paved grades unless provisions for drainage, such as multiple depressed area drains are
constructed. Adequate drainage gradients, devices, and curbing should be provided to prevent runoff
from adjacent pavement or walks into the planting areas. Irrigation methods should promote
uniformity of moisture in planters and beneath adjacent concrete flatwork. Overwatering and
underwatering of landscape areas must be avoided.
Area drain inlets should be maintained and kept clear of debris in order to properly function.
Excessive irrigation of neighboring properties can cause seepage and moisture conditions on adjacent
lots. The impact of heavy irrigation or inadequate runoff gradients can create perched water
conditions. This may result in seepage or shallow groundwater conditions where previously none
existed. Maintaining adequate surface drainage and controlled irrigation will significantly reduce the
potential for nuisance-type moisture problems. To reduce differential earth movements such as
heaving and shrinkage due to the change in moisture content of foundation soils, which may cause
distress to a residential structure and associated improvements, moisture content of the soils
surrounding the structure should be kept as relatively constant as possible.
Soil Corrosivity
Although not corrosion engineers (LGC Geotechnical is not a corrosion consultant], several governing
agencies in Southern California require the geotechnical consultant to determine the corrosion
potential of soils to buried concrete and metal facilities. We therefore present the results of our testing
with regard to corrosion for the use of the client and other consultants, as they determine necessary.
Corrosion (soluble sulfate, chloride, pH and minimum resistivity] testing was performed of soil
samples obtained from finish grade (LGC Geotechnical, 2021]. Tests results indicated soluble sulfate
contents of approximately 0.1 percent, chloride content values of 188 parts per million (ppm) and 181
ppm, pH values of 7.8 and 8.1, and minimum resistivity values of 348 ohm-cm and 399 ohm-cm.
Corrosion testing for the adjacent development indicated soluble sulfate contents ranging from less
than approximately 0.01 percent to 0.56 percent, chloride contents ranging from approximately 60 to
965 parts per million (ppm), pH values ranging from 7.2 to 8.1, and minimum resistivity values
ranging from 210 to 526 ohm-cm (LGC Geotechnical, 2017). Based on Caltrans Corrosion Guidelines
(2021), soils are considered corrosive if the pH is 5.5 or less, or the chloride concentration is 500 ppm
or greater, or the sulfate concentration is 1,500 ppm (0.15 percent) or greater. Based on test results
July 21,2022Project No. 14018-03 Page 6
B-33
for chloride and sulfate content of nearby testing, onsite soils are considered corrosive to bare metals
and concrete using Caltrans criteria.
Based on laboratory sulfate test results, the near surface soils have a severity categorization of
"Severe" and are designated to a class "S2" per ACI 318, Table 19.3.1.1.
Geotechnical Plan Review
When available project plans (e.g., swimming pool/spa foundation plans, etc.) should be reviewed by
LGC Geotechnical in order to verify our geotechnical recommendations are implemented. Updated
recommendations may be necessary.
Geotechnical Observation and Testing Purina Construction
The interpolated subsurface conditions should be checked in the field during construction by a
representative of LGC Geotechnical. Geotechnical observation and testing is required per Section 1705 of
the 2019 California Building Code (CBC).
Closure
Our services were performed using the degree of care and skill ordinarily exercised, under similar
circumstances, by reputable soils engineers and geologists practicing in this or similar localities. No
other warranty, expressed or implied, is made as to the conclusions and professional advice included
in this report.
July 21,2022Project No. 14018-03 Page 7
B-34
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July 21,2022Page 8Project No. 14018-03
B-35
Appendix A
References
California Department of Transportation (Caltrans), 2021, Corrosion Guidelines, Version 3.2, May 2021.
LGC Geotechnical, Inc., 2016, Preliminary Geotechnical Report for Proposed Point View Development,
Tentative Tract No. 53166, City of Rancho Palos Verdes, California, Project No. 14018-02, dated
March 22, 2016.
j 2017, Geotechnical Addendum Report and Response to the Review Sheet for the Proposed
Point View Development, Tentative Tract No. 53166, City of Rancho Palos Verdes, California,
Project No. 14018-02, dated May 26, 2017.
, 2018, Preliminary Geotechnical Evaluation, Proposed Residence and Guesthouse, 39 Narcissa
Drive, City of Rancho Palos Verdes, California, Project No. 14018-03, dated February 14, 2018.
j 2019, Geotechnical Response to the Review Sheet for the Proposed New Single-Family
Residence and Accessory Dwelling, 39 Narcissa Drive, Rancho Palos Verdes, California, Project
No. 14018-03, dated March 19, 2019.
, 2021, As-Graded Report of Rough Grading, 6001 Palos Verdes Drive, Rancho Palos Verdes,
California, Project No. 14018-03, dated September 27, 2021.
j 2022a, Geotechnical Review of the Main Residence Foundation Plan, 6001 Palos Verdes Drive,
Rancho Palos Verdes, California, Project No. 14018-03, dated February 3, 2022.
, 2022b, Geotechnical Review of the Guest House Foundation Plan, 6001 Palos Verdes Drive,
Rancho Palos Verdes, California, Project No. 14018-03, dated February 3, 2022.
Structural Engineers Association of California (SEAOC), 2022, Seismic Design Maps, Retrieved July 19,
2022, from https://seismicmaps.org/
United States Geological Survey (USGS), 2014, Unified Hazard Tool, Dynamic: Conterminous U.S. 2014
Retrieved from:(update)
https://earthquake.Lisgs.gov/hazards/interactive/
(v4.2.0),July 2022,19
July 21,2022Project No. 14018-03 A-l
B-36
SCHEDULE
Depth of
moisture cut-off
footing
distance "B"
Lateral Equivalent
Fluid Pressure for
level backfill (pcf)
Slope creep
zone distanceExpansion
Index 'A'
high/very high 12520 feet24 inches
Portion of pad most susceptible to slope creep.Concrete deck, minimum of 5 inches thick with
#3 bar 18 inch on center each way with
construction joints 1.5 inches deep (minimum)
with maximum spacing of 5 feet
__ Flexible sealant between pool _______
coping and concrete decking
See Schedule "A’
Pool bond beam to tie to
flatwork per structural engineer
'* '
rr 13T
■ 5
iT12-•XClean sand backfill
(4" minimum)
•7 IT I-'L'
T2•4 ;':V;1 a m • V2
1w15 mil polyolefin
moisture retarder 1slope creep zone
(If Applicable)
Pool shell to be
designed for any added
load of adjacent
structures.
Perimeter Drain (perforated pipe
wrapped in approved filter fabric and
outletted)Pool Shell
X Pressure relief valve
For pools adjacent to descending slopes, the pool shell should be designed assuming total loss of soil support for the portion of the
pool located within the assumed "creep zone". For design purposes, the creep zone should be considered to extend a distance "A"
from the top of slope (see schedule "A" above). The creep zone should be considered as parallel to the slope face.
Concrete flatwork adjacent to the pool should be a minimum of 5 inches thick reinforced with No. 3 rebar at 18-inches on center each
way with a perimeter cut-off footing per the above schedule. Control joints or weakened plane joints should be provided in all
flatwork to a minimum depth of 1.5 inches at frequent intervals (5 feet or less). The concrete slab should be underlain by a minimum
of 4 inches of clean sand underlain inturn by a 15-mil polyolefin (ASTM E 1745 Class A) retarder. Presoaking of the subgrade prior
to placing the polyolefin retarder should be performed in accordance with the recommendations included in the project geotechnical
report, The presoaking should saturate the subgrade per soils report recommendations. The subgrade below the polyolefin retarder
should be inclined so that any moisture that seeps through cracks in the concrete due to irrigation, rain, or pool splash will be
directed away from the pool. A perforated pipe wrapped in approved filter fabric should be installed to transport the collected
moisture away from the pool area. The drain pipe and polyolefin retarder are not considered necessary for soils of low to medium
expansion potential. The contractor must ensure that the polyolefin is properly lapped, sealed and not punctured during
construction.
All pool design should be performed by a qualified designer, using the equivalent fluid pressures shown in the schedule.
A geotechnical consultant should be contacted to review the final design which is based on the recommendations of this detail. This
is not a design document and has been provided for INFORMATIONAL PURPOSES ONLY unless stamped and signed by LGC and
pertaining to a specific pool.
To reduce the potential of lifting and cracking of the pool decking, landscape planters should not be located in islands within the
decking unless they are lined with a waterproof membrane and provided with a subdrainage system to prevent moisture variations
below the decking.
The pool shell should be designed to account for any additional loading due to improvements (building, raised planters, etc.)
Raised planters should not be located at the top of slopes unless specially designed by the geotechnical consultant.
The recommendations above will not eliminate all movement of the pool and associated improvements, however they should reduce
the degree of movement, and promote cracking along construction joints, not flatwork.
The pool design engineer must design the bond beam to anchor the adjacent flatwork. The pool engineer must be familiar with
designing pools in expansive soils, and the problems with differential movement of flatwork adjacent to pools.
6001 Palos Verdes Dr. SouthPROJECT NAME
FIGURE 1
Swimming
Pool Detail
LGC 14018-03PROJECT NO.
ENG./GEOL.BTZ/KBC
Not to ScaleSCALEGeotechnical, Inc.
July 2022DATE B-37
•fCONSTRUCT 6" THICK P.C.C. CONCRETE WALK WITH 0 REBARS 24° O.C., FINISH & COLOR PER SEPARATE LANDSCAPE ARCHITECT PLAN & PERMIT. LONGITUDINAL CONTROL JOINTS SHALL BE PLACED EVERY 6 FEET.INSTALL !2“xT2* AREA DRAIN INLETVARIESFLEXIBLE SEALENTI\2% coMIN.2%■Impermeable Seal Thiokol ® or EquivalentMIN.POOL BOND BEAM TO TIE TO FLATV/ORK PER STRUCTURAL ENGINEERJL.Wksr-#->3\N$§<f2" MINAS4N0 BEDDING44 4/P?CUT-OFF HWlt3»C\j/Mmimlurfi* ,«*■ 6'inche’s4 * . * ■*i * «12“15 mil polyol MOISTURE BARRIERcfintPERIMETER SUB-DRAIN A” P.V.C. SCH AO PERFORATED PIPE (PERFORATION FACED DOWN) S=0.005 MIN..POOL SHELL PER SEPARATE PLAN & PERMIT* dMinimum \ 4 inchesBuilding Fou ndai ion*ANOTE:HARDSCAPE CONTRACTOR TO COORDINATE W/ SUB-DRAIN CONTRACTOR AND LANDSCAPE ARCHITECT FOR CONSTRUCTION OF POOL HARDSCAPE AND DRAINAGE FACILIVES.A-ISandDeformable Material (Styrofoam)Raising grade here will increase likelihood of earth movementFlexible PaversFlexible Fence4' minimumSand£FlexibleSealantEITEr,u1 — - Moisture Barrier■Moisture Retarder and DrainagePerimeterSub-DrainzSLOPE CREEP ZONE (if applicable) (improvements must be flexible in this zone)12Pool ShellX.Pressure Relief Valve6001 Palos Verdes Dr. SouthPROJECT NAME14018-03PROJECT NO.FIGURE 2ENG./GEOL. BTZ/KBCConsiderations for the Design of Pools and Associated Concrete FlatworkSCALE Not to ScaleGeotechnical, IncJuly 2022DATEB-38
Internal comers must have crack control joints —Planters 5-10' away from buildingsLined planterDecking designed to reduce separation of Pool and FlatworkOno2:1 slopeaDiUjJnj4-vboUjLnQLnoOriet pool las far away from] top of slope as practicalRegular construction joints reduce cosmetic distress by promoting cracking along the planned jointsIANo rigid stmctures at the top of slopesAvoid planters next to buildings6001 Palos Verdes Dr, SouthPROJECT NAMELGC14018-03PROJECT NO,FIGURE 3ENG./GEOL. BTZ/KBCTypical Methods to Reduce Distress of Landscape ImprovementsSCALE Not to ScaleGeotechnical, Inc.July 2022DATEB-39
C-1
C-2
C-3
C-4
Whitney Berry
From:Gmail Peter <gasteigerpeterk@gmail.com>
Sent:Thursday, April 13, 2023 9:22 AM
To:Whitney Berry
Subject:re: Public Notice-CODE AMENDMENT (CASE NO. PLCA2022-0009)
Hi Whitney
Regarding the above, does "excep,on catagory T" refer specifically to the York Point View property, and will this
proposed code amendment, if adopted, allow Mr. York to build a swimming pool at that property, in effect gran,ng him a
special right that no one else in Zone 1 of the Landslide area will have, namely, to construct a swimming pool on their
property?
Thank you and regards,
Pete Gasteiger
38 Cinnamon Ln, PBC
sent from my mobil
D-1
Whitney Berry
From:Gmail Peter <gasteigerpeterk@gmail.com>
Sent:Thursday, April 13, 2023 10:55 AM
To:Whitney Berry
Subject:Re: Public Notice-CODE AMENDMENT (CASE NO. PLCA2022-0009)
Hi Whitney,
Actually I was asking a ques)on, not making a comment: does the proposed amendment give a singular right to build a
swimming pool to York/Point View? If so, this is my comment:
- special or singular rights should not be granted to any resident, e.g., the amendment should apply to all proper)es in a
par)cular zone (in this instance, Zone 1), or it should not be adopted.
sent from my mobil
> On Apr 13, 2023, at 10:19, Whitney Berry <wberry@rpvca.gov> wrote:
>
> Good a@ernoon Mr. Gasteiger,
>
> Thank you for emailing me your comments on this project. This has been received and will be shared with City Council.
>
> Best,
> Whitney Berry
> Associate Planner
>
> wberry@rpvca.gov
> Phone - (310) 544-5225
>
> Address:
> 30940 Hawthorne Blvd.
> Rancho Palos Verdes, CA 90275
> Website: www.rpvca.gov
>
> This e-mail message contains informa)on belonging to the City of Rancho Palos Verdes, which may be privileged,
confiden)al, and/or protected from disclosure. The informa)on is intended only for use of the individual or en)ty
named. Unauthorized dissemina)on, distribu)on, or copying is strictly prohibited. If you received this email in error, or
are not an intended recipient, please no)fy the sender immediately. Thank you for your assistance and coopera)on.
D-2
Whitney Berry
From:Nassim Moradi <nassim.moradi@yahoo.com>
Sent:Thursday, April 13, 2023 12:22 PM
To:Whitney Berry
Subject:Swimming pool Permit
I am against giving Mr York permission to build a swimming in his property , Catalina view, which is in Zone 1.
As a Portuguese Bend Community Member, we are experiencing increased land movement in Zone 2. Which is evident
in our road damage, Cal Water pipe leaks, So Cal Gas leaks and damage to several homes.
Respec3ully
Nassim Moradi
4 Figtree Rd
Rancho Palos Verdes
310-5614959
D-3
Whitney Berry
From:Claudia Gutierrez <clauderpv@hotmail.com>
Sent:Thursday, April 13, 2023 11:06 AM
To:Whitney Berry; Barbara Ferraro; Eric Alegria; John Cruikshank; Paul Seo; David Bradley
Subject:Case No: PLCA2022-0009
Attachments:FW_ RPV Portuguese Bend Winter 2023 Movement Survey (1).eml; 2023 PB Land
Movement History.pdf
Dear City RPV City Council,
I urge you to cast a no vote for the Code Amendment allowing swimming pools within Zone 1 of the
Landslide Moratorium Area.
The Abalone Cove Landslide, which encompasses Zone 1, Zone 2 and Zone 5 is active. I reside in
Zone 2, one block away from the York
property that is making this code amendment request and I am experiencing severe damage to my
home from the recent movement.
York's commercial agricultural irrigation in a landslide area is a contributing factor to our recent
movement. This year's 24 inches of rain,
is going to significantly increase the movement this year. I invite each City Council member to drive
the roads of Portuguese Bend, come through
the Narcissa gate. I am happy to email each one of you the gate code for entry. You will notice new
road damage right as you enter, and you will
continue to see cracks that widen by each day in the roads. This is the fissure line from the Abalone
Cove Landslide, the 1987 Settlement of the
Horan Lawsuit resulted in the Dewatering Wells. That same fault or fissure or landslide, whatever
term you decide to use, is now very active
after many decades of little movement.
Please refer to the City of RPV's most recent geologist report by Michael McGee, is attached. We have
had more movement in the first few months of 2023 than we have had in the entire year of 2022.
Now is not the time to approve code amendments to allow construction of swimming pools in a
landslide zone. The approval of irrigation of acres
and acres of trees is enough of an impact on our homes and a huge mistake to allow in an active
landslide area in my opinion
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I respectfully request that the City Council deny this Code Amendment and air on the side of caution
because of the increased movement and instability of the Abalone Cove Landslide.
Thank you for your consideration to this matter.
Claudia Gutierrez
3 Clovetree Place
Portuguese Bend property owner for 35 years
clauderpv@hotmail.com
310-872-4874
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Annual (Oct 1-Sept 30)
Precipitation (Inches):Bean Field @ Inspiration Point
Sweetbay @ WW8
PV Drive South, East of Narcissa
Cinnamon and CloveTree
Annual Movement (Feet)McGee Point ID:
9.3 6.2 18 3.5 17 13 4.7 8.9
Data Collection Period:9/19/2014 -
10/8/2015
10/8/2015 -
4/19/2016
10/5/2016 -
10/4/2017
10/4/2017 -
10/10/2018
10/10/2018 -
11/1/2019
11/1/2019 -
9/24/2020
9/24/2020 -
9/28/2021
9/28/2021 -
10/10/2022
0
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1
2015 2016 2017 2018 2019 2020 2021 2022 2023
Portuguese Bend Horizontal Land Movement
AB20
AB50
AB53
AB68
10/10/2022 -
3/13/2023
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From:Michael McGee <michael@sbcoxmail.com>
Sent:Monday, March 20, 2023 1:33 PM
To:'Ron Dragoo'
Subject:FW: RPV Portuguese Bend Winter 2023 Movement Survey
Ron,
Here is the list of land movements for 43 of the 67 points from October 2022 to March 2023 for stations surveyed this
week. I included additional stations because of the issues that the locals have alerted me to. M35 refers to the 35th
monitoring survey since 2007. Points PVE3RP and AB73RP are check points. The velocities appear to be similar on an
annualized basis with previous reports. I observed many more cracks and displacement than I can recall in past years. This
page will be included in the annual May Report. Refer to the Survey Report submitted after the October 2022 Survey for
additional information and map of the monitoring points.
I have requests from others for this info. Can this be shared?
Portuguese Bend
Movement Report in feet
M34 > M35 October 10, 2022 to March 13,
2023 (5 months)
ID N E Ht 2D
M35AB02 0.00 0.00 0.00 0.00
M35AB04 -0.71 -0.61 -0.10 0.93
M35AB13 -0.26 -0.13 -0.13 0.29
M35AB16 -0.14 0.00 0.03 0.14
M35AB17 -0.06 0.02 0.03 0.06
M35AB20 -0.36 -0.13 -0.05 0.39
M35AB24 -0.34 -0.11 -0.05 0.35
M35AB50 -0.14 -0.21 -0.01 0.25
M35AB53 -0.33 -0.06 -0.12 0.33
M35AB58 -0.26 -0.03 -0.12 0.26
M35AB59 -0.39 -0.04 -0.08 0.39
M35AB60 -0.37 -0.14 -0.05 0.40
M35AB61 -0.01 0.01 0.03 0.02
M35AB62 -0.68 -0.25 -0.09 0.73
M35AB65 -0.20 0.06 -0.02 0.20
M35AB66 -0.28 -0.06 -0.11 0.28
M35AB67 -0.16 0.02 -0.07 0.16
M35AB68 -0.24 -0.04 -0.11 0.24
M35AB70 -0.37 -0.13 -0.05 0.39
M35AB73 -0.33 -0.13 -0.08 0.36
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M35AB73RP -0.36 -0.15 -0.10 0.39
M35CR07 -0.20 0.00 -0.23 0.20
M35CR50 -0.03 -0.02 -0.11 0.04
M35FT06 -0.41 -0.09 -0.25 0.42
M35FT09 -0.01 -0.01 -0.10 0.01
M35KC06 -0.05 -0.12 -0.11 0.13
M35KC07 -0.03 0.00 -0.05 0.03
M35KC13 -0.08 -0.02 0.01 0.09
M35KC16 -0.02 -0.01 -0.04 0.02
M35KC17 -0.10 -0.07 -0.06 0.12
M35PB04 -0.61 -0.19 -0.11 0.64
M35PB12 -0.59 -0.22 -0.07 0.63
M35PB13 -0.45 -0.17 -0.01 0.48
M35PB18 -0.39 -0.04 -0.10 0.40
M35PB26 -0.46 -0.10 -0.11 0.47
M35PB54 -0.38 -0.11 -0.03 0.40
M35PB55 -0.51 -0.05 -0.15 0.51
M35PB59 -0.76 -0.19 -0.21 0.78
M35PB67 -0.95 -0.16 -0.18 0.97
M35PB68 -0.56 -0.16 -0.07 0.58
M35PB69 -0.60 -0.21 -0.11 0.64
M35PB70 -0.49 -0.24 -0.27 0.55
M35PB71 -0.46 -0.12 -0.11 0.48
M35PVE3RP -0.01 0.00 -0.06 0.01
Let me know if I can be of further assistance.
Regards, Michael McGee, PLS
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Whitney Berry
From:Ben Zask <bzask.pbca@gmail.com>
Sent:Friday, April 14, 2023 7:53 AM
To:Claudia Gutierrez
Cc:Whitney Berry; Barbara Ferraro; Eric Alegria; John Cruikshank; Paul Seo; David Bradley
Subject:Re: Case No: PLCA2022-0009
TOTALLY AGREE!
On Thu, Apr 13, 2023 at 11:06 AM Claudia Gutierrez <clauderpv@hotmail.com> wrote:
Dear City RPV City Council,
I urge you to cast a no vote for the Code Amendment allowing swimming pools within Zone 1 of the
Landslide Moratorium Area.
The Abalone Cove Landslide, which encompasses Zone 1, Zone 2 and Zone 5 is active. I reside in
Zone 2, one block away from the York
property that is making this code amendment request and I am experiencing severe damage to my
home from the recent movement.
York's commercial agricultural irrigation in a landslide area is a contributing factor to our recent
movement. This year's 24 inches of rain,
is going to significantly increase the movement this year. I invite each City Council member to drive
the roads of Portuguese Bend, come through
the Narcissa gate. I am happy to email each one of you the gate code for entry. You will notice new
road damage right as you enter, and you will
continue to see cracks that widen by each day in the roads. This is the fissure line from the Abalone
Cove Landslide, the 1987 Settlement of the
Horan Lawsuit resulted in the Dewatering Wells. That same fault or fissure or landslide, whatever
term you decide to use, is now very active
after many decades of little movement.
Please refer to the City of RPV's most recent geologist report by Michael McGee, is attached. We
have had more movement in the first few months of 2023 than we have had in the entire year of
2022.
Now is not the time to approve code amendments to allow construction of swimming pools in a
landslide zone. The approval of irrigation of acres
D-9
and acres of trees is enough of an impact on our homes and a huge mistake to allow in an active
landslide area in my opinion
I respectfully request that the City Council deny this Code Amendment and air on the side of
caution because of the increased movement and instability of the Abalone Cove Landslide.
Thank you for your consideration to this matter.
Claudia Gutierrez
3 Clovetree Place
Portuguese Bend property owner for 35 years
clauderpv@hotmail.com
310-872-4874
D-10
Whitney Berry
From:1scalpal@gmail.com
Sent:Friday, April 14, 2023 2:22 PM
To:Whitney Berry
Subject:York request for pool
The restricon makes no sense to me: we tolerate or permit all kinds of surface water with no strong evidence that it is a
problem in the first place. I would allow the pool. Milt Owens, 18 Cinnamon Lane.
D-11
Whitney Berry
From:Colleen Miller <colleen.miller1014@aol.com>
Sent:Saturday, April 15, 2023 2:03 PM
To:Whitney Berry; Barbara Ferraro; Eric Alegria; John Cruikshank; Paul Seo; David Bradley;
Ara Mihranian
Subject:Abalone Cove Land movement -ACLAD - York Pool
Attachments:10-21-2021 11 Cinnamon update 2.jpg; 03-19-21 Clovetree water leak.jpeg; 03-21-2023
Lower Cinnamon New crack.jpg
Council Members,
I have lived in Abalone Cove 37 years. Zone 2. No movement to my home until July 2020. Now I lay awake, listening to
my driveway, living room walls and patio crack. Broken gas lines, water lines and sewer lines. It's heartbreaking. I
bought this home in 1986 and I was 25 years old. Now, I'm a grandma of 2 and a lifelong resident of RPV.
I have become very involved with ACLAD (Abalone Cove Landslide Abatement District). I have been a part of meeting
with Ara to have the city to be responsible for the 3 de-watering wells below PV Dr. South (across from Wayfarers and by
the pre-school). Please appove the funds for the de-watering wells that were implemented in the 1980's and worked up
until 2014. We need them back ASAP
My home has moved 3" in 5 years according to GPS studies.
Until we can get the landslide in a more stable position, please stop allowing mega homes to be built in our neighborhood.
Stop Mr. York from adding a swimming pool to his property. He adds water to the slide area already by watering acres of
avocados and grapes.
Something happened in 2019 - (Drought years) - to start this land moving!!!! It wasn't rain.
Respectfully,
Colleen Miller
9 Cinnamon Lane
RPV
310-462-1596
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Whitney Berry
From:Jim York <theyorkproperties@gmail.com>
Sent:Saturday, April 22, 2023 4:26 PM
To:Octavio Silva; Whitney Berry
Cc:Ara Mihranian
Subject:Code Amendment LME Category T Pools 6001 PVDS
Attachments:Home Fire Pump .pdf
Hi Octavio and Whitney
Thanks for your assistance with the code amendment that will allow us to build a swimming pool that will provide a
critical secondary source of water in case of a fire in this high risk fire area. Attached is the type fire fighting equipment
we would purchase. Additionally, our fire insurance policy provides that the insurance company will send a private fire
fighting crew in case of a wild fire This would keep the entire community safer
Jim
Sent from my iPhone
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