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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) 1 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 2 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. 3 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 4 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 5 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 6 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: 7 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. 8 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 A-1 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 A-2 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 A-3 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. A-4 Ordinance No. ___ Page 5 of 5 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 A-5 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 B-1 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’. B-2 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 B-3 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) B-4 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, B-5 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: B-6 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. B-7 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 B-10 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 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’. B-11 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 B-12 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 8 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 B-13 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 9 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 B-14 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 10 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: B-15 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 11 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). B-16 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 12 · 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. B-17 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 13 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. B-18 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 14 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 B-19 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 15 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. B-20 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 16 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 B-21 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 17 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: B-22 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 18 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. B-23 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 19 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. B-24 Addendum No. 2 to the Zone 1 Landslide Moratorium Ordinance Revisions IS/MND April 2023 City of Rancho Palos Verdes Page 20 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 ite o>Geotechniml, h KB . 221LU9m ^iviSad Zeiln^, G^»618 P »j ectJffgijp^rcc Vice n CWTZ/klr *0 &Ap e: f- ^HmmrS^Pcxil -^ojEKte ration? cTfeffiklSjSfifcili ailoTTlire ■k fRear of Text),Q Of CAV<Fi Distribute 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 D-4 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-5 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 D-6 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 D-7 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 D-8 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 D-12 D-13 D-14 D-15 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 D-16 D-17 D-18 D-19 D-20