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PC RES 2008-043 P.C. RESOLUTION NO. 200 -4 RESOLUTION F THE PLANNING ISSI F THE CITY OF RANCHO PALOSVE DE , CONDITIONALLY PROVIN CONDITIONAL U PERMIT, GRADING PERMITAND SIGN PROGRAM (PLANNING CASE . 2 N202-00216), IN CONJUNC- TION W NJIJ C- TIO IT THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, TO ALLOWTHE DEVELOPMENT OF A NEW PROFESSIONAL OFFICE BUILDING, LOCATED T 29941 HAWTHORNE BOULEVARD WHEREAS, on May 2, 2002, applications for a Conditional Use Permit, Grading Permit, Sign Program and Environmental Assessment (Planning Case No. ZON2002- 00216) were submitted to the Planning Department by the applicant, Raju Chhabria, to allow the development of a 2-story professional office building on a 0.649-acre site at the northwest corner of Hawthorne Boulevard and Crest Road; and, WHEREAS, on April 22, 2008, the applications for Planning Case No. ZON2002-00216 were deemed complete by Staff; and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA''), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Planning Case No. ZON2002- 00216 would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for twenty (20) days between July 23, 2008 and August 12, 2008, and notice of that fact was given in the manner required by law; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on August 12, 2008, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at the August 12, 2008, Planning Commission meeting, the Planning Commission directed the applicant to further investigate design alternatives to reduce the height of the proposed building to address concerns pertaining to public and private view impacts; and continued the public hearing to September 23, 2008; and, WHEREAS, on September 3, 2008, the applicant submitted revised project plans that reduced the building height to a single story above existing grade; and, WHEREAS, at the September 23, 2008, Planning Commission meeting, a majority of the Planning Commission conceptually approved the revised 1-story project; directed the applicant to modify the project plans to address the issues of signage, drainage, lighting and mechanical equipment; directed Staff to prepare appropriate P.C. Resolutions for the certification of the Mitigated Negative Declaration and conditional approval of the revised project; and continued the public hearing to October 14, 2008; and, WHEREAS, on October 14, 2008, the public hearing was continued, without discussion, to October 30, 2008; and, WHEREAS, on October 17, 2008, the applicant submitted revised project plans containing additional information regarding signage, drainage, lighting and mechanical equipment; and, WHEREAS, at its October 30, 2008, meeting, after hearing public testimony, the Planning Commission adopted P.C. Resolution No. 2008- making certain findings related to the requirements of the California Environmental Quality Act (CEQA) and recommended that the City Council adopt a Mitigation Monitoring Program and Mitigated Negative Declaration for the proposed project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission makes the following findings of fact with respect to the application for a conditional use permit to develop a professional office building project on the subject property: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by Title 17 (Zoning) or by conditions imposed under Section 17.60.050 to integrate said use with those on adjacent land and within the neighborhood. The proposed project is consistent with all of the CP district development standards. The project significantly exceeds the minimum setbacks from abutting nonresidential property and provides double the minimum required width of landscape buffer along Hawthorne Boulevard and Crest Road. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. The project will take direct access from Crest Road from a new curb cut near the southwesterly corner of the lot. The project plans and traffic study have been reviewed by the City's traffic engineer. The traffic study analyzed level of service (LOS) impacts at the P.C. Resolution No. 2008-43 Page 2 of 21 intersections of Hawthorne Boulevard and Crest Road; Hawthorne Boulevard and Los Verdes Drive; and Hawthorne Boulevard and Via Rivera. Based upon the current trip generation standards and traffic counts taken in 2005, the applicant's traffic consultant estimated that the project would generate eighty (80) daily trips and eleven (11) peak-hour trips during the morning and evening rush hours. The applicant's consultant concluded that these trips would not result in significant impacts upon existing and future LOS at the three (3) study intersections, and the City's traffic engineer concurred with this conclusion. However, the City's traffic engineer did note that additional review would be required for the proposed driveway access on Crest Road to ensure adequate sight distance from the intersection would be provided, and to determine if any restriping on Crest Road would be required. In addition, during construction 7,521 cubic yards of soil would be removed from the site, which equates to roughly seven hundred fifty (750) truck trips. These truck trips have the potential to create adverse impacts along the route on and off the Peninsula (i.e., Hawthorne Boulevard). To address these issues, conditions regarding the final design of the driveway and the approval of a haul route plan are recommended. C. In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. Early in the review of this application, Staff identified potential view impacts (from both public and private property) as the most likely adverse impacts on adjacent properties. For this reason, the applicant was asked to construct a certified silhouette of the proposed project. The CP zoning district establishes a 16-foot height limit, which is measured from the lower of either preconstruction or finished grade within the building footprint. The revised project has lowered the height of the building to thirteen feet six inches (13'-6") from the height existing grade covered by the structure to the roof parapet, and twenty-eight feet six inches (28'-6") from the lowest finished grade covered by the structure to the roof parapet. With respect to private views, the adjacent properties analyzed included four (4) residences in the Peppertree Lane community at 21, 22, 23, and 24 Peppertree Lane in Rolling Hills Estates; and two (2) residences in the Monaco community at 30003 and 30009 Cachan Place in Rancho Palos Verdes. The views from the first floors of the Peppertree Lane residences are already impaired by existing common-area foliage in the Peppertree Lane community, and even without this foliage the Planning Commission finds that 1St-floor views would be impaired to some degree by a 16-foot-tall structure on the subject property. The revised project silhouette is not readily visible from viewing areas of the residences on Cachan Place. Therefore, the private view impacts of the revised project will be less than significant. P.C. Resolution No. 2008-43 Page 3 of 21 With respect to public views, the Visual Aspects diagram in the City's General Plan identifies the locations of scenic vistas to be preserved, restored and enhanced. The subject property falls within a scenic vista identified in the General Plan, looking northwesterly across the subject property and down Agua Amarga Canyon from westbound Crest Road and the intersection of Hawthorne Boulevard and Crest Road. Although the height of the project has been revised to be below the 16-foot height limit, some public views would still be blocked by the revised structure. However, given that the property is zoned for commercial use and the building's height has been significantly reduced, the Planning Commission finds that a reasonable balance has been achieved between the preservation of the public view and the applicant's right to develop the property for commercial purposes. Therefore, the public view impacts of the revised project will be less than significant. D. The proposed use is not contrary to the General Plan. The use of the property for profession offices is consistent with the Commercial Office land use designation for the site. With its revised building height, the proposed project no longer conflicts with the designated vista in the Visual Aspects diagram of the City's General Plan. Furthermore, the revised project is now consistent with Visual Aspects Policies of the General Plan that call upon the City to "[develop] controls to preserve existing significant visual aspects from future disruption or degradation"; "[require] developers, as developments are proposed within areas which impact the visual character of a corridor, to address treatments to be incorporated into their projects which enhance a corridor's imagery"; "[developments within areas which will impact corridor-related views to fully analyze project impacts in relation to corridors, in order to mitigate their impact"; and "[require] developments which lie between natural areas to be maintained and viewing corridors to show how they intend to mitigate view disruption." E. The required finding that, if the site of the proposed use is within any of the overlay control districts established by Chapter 17.40 (Overlay Control Districts) of Title 17 (Zoning), the proposed use complies with all applicable requirements of that chapter, is not applicable to this project because the subject property is not located within an overlay control district. F. Conditions, which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed upon this project. These conditions include all mitigation measures identified in the Mitigated Negative Declaration for the project. Examples include (but are not limited to) limitations on the heights of walls and fences; conditions regarding the placement and type of exterior light fixtures; requirements for water-conserving landscaping and irrigation in the landscaped areas; limitations on the height of foliage and trees in P.C. Resolution No. 2008-43 Page 4 of 21 the landscaped areas; and restrictions on the number and types of signage for the project. Section n The Planning Commission makes the following findings of fact with respect to the application for a grading permit for 9,943 cubic yards of grading related to the development of the proposed office building: A. The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17.96.2210 of the Development Code. The proposed project encompasses 9,943 cubic yards of earth movement. Most of this material (i.e., 7,521 cubic yards) would be exported from the site. Most of the proposed cut would occur within the building footprint for the subterranean garage, while a limited amount of fill would occur in the area of the proposed driveway and surface parking lot. The excavation of the site and export of material allows the building to be set slightly lower on the site than could be allowed without the proposed grading. Also, based upon the geological investigations conducted by the applicant, it is clear that much of the existing fill material on the site must be removed in order to make the site suitable for development. B. The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties. In cases where grading is proposed for a new residence or an addition to an existing residence, this finding shall be satisfied when the proposed grading results in a lower finished grade under the building footprint such that the height of the proposed structure, as measured pursuant to Section 17.02.040(8) of this Title, is lower than a structure that could have been built in the same location on the lot if measured from preconstruction (existing) grade. The proposed grading results in a lower structure than would be permitted "by right" without the proposed grading, and the project complies with the 16-foot height limit for the CP zoning district. C. The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural. The site is generally flat, with a steeply descending slope at the northwesterly corner of the property. The proposed grading would generally lower the grade of the property overall, but would maintain the sloping character of the site. D. The required finding that the grading takes into account the preservation of natural topographic features and appearances by means of land sculpting so as to blend any man-made or manufactured slope into the natural topography, is not applicable because there are no natural topographic features on the subject property. P.C. Resolution No. 2008-43 Page 5 of 21 E. The required finding that, for new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Section 17.02.040(A)(6) of the Development Code, is not applicable because the proposed project is not a new single-family residence. F. The required finding that, in new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage, and minimize visual effects of grading and construction on hillside areas, is not applicable because the proposed project is not a new residential tract. G. The required finding, that the grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside, is not applicable because the proposed project does not involve the construction of new streets. H. The grading would not cause excessive and unnecessary disturbance of natural landscape or wildlife habitat through removal of vegetation. The proposed project abuts Agua Amarga Canyon, which is a part of the City's Palos Verdes Nature Preserve. The applicant's biological consultant prepared a biological survey of the property, which identified two (2) areas of the site containing disturbed coastal sage scrub (CSS) totaling 0.08 acre or 12.8% of the total lot area. The survey also identified a roughly 0.37-acre area of off-site CSS habitat on the City's abutting Agua Amarga property that would be affected by fuel modification and the construction of drainage improvements for the applicant's lot. No sensitive wildlife species were observed on or adjacent to the site. The biological survey was reviewed and accepted by the City's biological consultant. As currently proposed, most (if not all) of the CSS habitat on the site would be removed as a direct result of grading for the proposed project. Since the City has an adopted Natural Communities Conservation Plan (NCCP), the proposed 0.45- acre loss of CSS habitat will be mitigated at a 3:1 ratio by the payment of the City's NCCP mitigation fee. This would amount to a payment of $27,000 (0.45 acre x 3 x $20,000/acre = $27,000). The mitigation fee paid to the City would be deposited in the City's Habitat Restoration Fund to pay for future habitat restoration projects within the City's Palos Verdes Nature Preserve. Additional conditions of approval will be imposed regarding the timing of grading and construction activities so as to avoid impacts to sensitive wildlife species in the future. 1. The grading conforms with the minimum standards for depth of fill, driveway slope and finished slopes adjacent to driveways established under Section 17.76.040(E)(8) of the Development Code. P.C. Resolution No. 2008-43 Page 6 of 21 J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes Development Code, the proposed 17-foot depth of cut is reasonable and necessary. Grading down the pad within the footprint of the proposed building allows for a slightly lower structure than would otherwise be permitted without the proposed grading. More importantly, however, the applicant's geotechnical investigation revealed that much of the existing material on the site needs to be removed in order to make the property suitable for development. K. The proposed grading deviates from City standards regarding slope steepness, grading on 50-percent slopes and driveway retaining wall heights. Such deviations may be granted based upon the following additional findings: 1. The criteria of subsections (E)(1) through (E)(8) of Section 17.76.040(E) are satisfied. As discussed above in the Grading Permit findings, all of the criteria (E)(1) through (E)(8) are satisfied by the revised project. 2. The approval is consistent with the purposes set forth in subsection A of Section 17.76.040. Among the stated purposes of the City's grading regulations are to "[permit] reasonable development of land..."; to "[ensure] that the development of each parcel of land...occurs in a manner harmonious with adjacent lands..."; and to "[ensure] that each project complies with the goals and polices of the General Plan...." The Planning Commission finds that the proposed grading is consistent with these purposes because it will allow for the reasonable development of a legal lot in an established commercial area. This will be consistent with the Commercial Office land use designation for the area. 3. Departure from the standards in subsection (E)(9) of Section 17.76.040(E) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. The portions of the proposed grading that deviate from City standards are primarily related to the proposed driveway to the surface parking lot. This grading is necessary to provide vehicular access to the project's off-street parking facilities. Given the topography of the immediate neighborhood, it is not unusual to find retaining walls along driveways and parking areas to provide and improve vehicular access, such as at the nearby supermarket at 30019 Hawthorne Boulevard. The proposed 50-percent slope down to the surface parking lot helps to reduce the visual impacts of the parking lot by placing it below the adjacent street level. As such, the Planning Commission finds that the approval of the proposed project would not constitute a special privilege that is inconsistent with the limitations imposed upon other similarly-situated properties in the vicinity. P.C. Resolution No. 2008-43 Page 7 of 21 4. Departure from the standards of subsection (E)(9) of Section 17.76.040(E) will not be detrimental to the public safety nor to other property. The applicant would be required to obtain a building permit for the proposed retaining walls and grading, subject to the review of the City's Building Official and geotechnical consultant. The City's geotechnical consultant has already reviewed and conceptually approved a geotechnical report for the proposed project. 5. Notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given to only the applicant. Any interested person may appeal the Director's decision to the Planning Commission and the Planning Commission decision to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of Title 17 (Zoning). Public notification of all adjacent property owners is required for Planning Commission-level approval of a major grading application whenever it is necessary to make the exception findings under RPVDC Section 17.76.040(E)(10). Therefore, public notification of the approval of this application would be provided to the applicant, his architect and the owners of ten (10) adjacent properties. Section 3: The Planning Commission makes the following findings of fact with respect to the application for a sign program for three (3) attached and one (1) freestanding sign in conjunction with development of the proposed office building: A. The signs are necessary for the applicant's enjoyment of substantial trade and property rights, and the signs do not constitute needless repetition, redundancy or proliferation of signage. The proposed signs constitute far less sign area than the maximum sign area permitted "by right" under the City's sign regulations. B. The signs are consistent with the intent and purposes of RPVDC Section 17.76.050 (Sign Permit), as set forth in subsection A of this Section. The proposed signs are consistent with City standards for attached and freestanding signs in commercial zones. C. The signs do not constitute a detriment to public health, safety and welfare. The attached signs will not project from the building facades. The freestanding sign shall not be permitted to encroach upon the intersection visibility triangle (IVT) at the corner of Hawthorne Boulevard and Crest Road. D. The size, shape, color and placement of the signs shall be considered in order to determine if the signs are compatible with, and bears a harmonious relationship P.C. Resolution No. 2008-43 Page 8 of 21 to, the building and site which they identify. The Planning Commission finds that proposed signs are harmonious with the building and site. E. The location of the proposed signs and the design of their visual elements, including their lettering, colors, decorative motifs, spacing and proportions, shall be considered in order to determine whether the signs are legible under normal viewing conditions prevailing where the signs are to be installed. The Planning Commission finds that proposed signs will be legible to motorists and pedestrians. F. The location and design of the proposed signs shall be considered in order to determine that the signs will not obscure from view or unduly detract from existing adjacent signs. There are no nearby signs on other properties that will be blocked from view or obscured by the proposed signs. G. The location and design of the proposed signs, their size, shape and color shall be considered in light of the visual characteristics of the surrounding area to determine that the signs will not detract from or cause depreciation of the value of adjacent developed properties. The Planning Commission finds that the design of the signs is compatible with the exterior finishes and materials of the proposed building and that of other nearby commercial buildings. H. The location and design of proposed signs in commercial districts in close proximity to any residential district shall be considered in order to determine that the signs will have no adverse effect on the value and character of the adjacent residential district. The Planning Commission finds that the location and design of the proposed signs will not detract from adjacent residences. Section 4- Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.60.060, 17.76.040(H) and 17.76.050(F)(6) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following October 30, 2008, the date of the Planning Commission's final action. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves a Conditional Use Permit, Grading Permit and Sign Program (Planning Case No. ZON2002-00216), in conjunction with the adoption of a Mitigated Negative Declaration, to allow the development of a new professional office building, located at 29941 Hawthorne Boulevard, subject to the recommended conditions of approval in the attached Exhibit `A'. P.C. Resolution No. 2008-43 Page 9 of 21 PASSED, APPROVED, AND ADOPTED this 30 th day of October 2008, by the following vote: AYES: Commissioners Gerstner, Knight, Ruttenberg and Tetreault, Vice Chairman Lewis and Chairman Perestam NOES: Commissioner Tomblin ABSTENTIONS: none ABSENT: none RECUSALS: none Stephen Perestam Chairman Joe S, AICP ) Roj Dir for f Plan ng uilding and Cod o E forcem0eand, Secretary to the Planning Commission P.C. Resolution No. 2008-43 Page 10 of 21 EXHIBIT 'A' CONDITIONS E APPROVAL FOR CONDITIONAL USE PERMIT, GRADING PERMIT AND SIGN ( h atria, 2 941 Hawthorne Boulevard) General 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following date of this approval shall render this approval null and void. 2. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 3. This approval is for a new, 7,116-square-foot 1-story professional office building with a 6,466-square-foot subterranean garage; twenty-nine (29) off-street parking spaces; attached and freestanding on-site signage; and 9,943 cubic yards of related grading on a vacant lot. The Director of Planning, Building and Code Enforcement is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision to the conditional use permit, grading permit and/or sign program by the Planning Commission and shall require new and separate environmental review. 4. All project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, in the CP district development standards of the City's Municipal Code. 5. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project by the Planning Commission after conducting a public hearing on the matter. 6. If the project has not been established (i.e., building permits obtained) within one year of the final effective date of this Resolution, or if construction has not commenced within one hundred eighty (180) days of the issuance of building permits, approval of the project shall expire and be of no further effect unless, P.C. Resolution No. 2008-43 Page 11 of 21 prior to expiration, a written request for extension is filed with the Department of Planning, Building and Code Enforcement and approved by the Director. Otherwise, a conditional use permit, grading permit and/or sign program revision must be approved prior to further development. 7. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 8. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. 9. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. [Mitigation Measure NOI-1] Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated above. [Mitigation Measure AIR-4] Conditional Use Permit Conditions: 11. This approval is for a 13,582-square-foot 1-story office building with subterranean garage and surface parking. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 12. The maximum ridgeline of the approved project is 102.50'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. 13. The approved structure shall maintain setbacks of 20.0' front (Crest Road), 108.0' rear (north), 20.0' street side (Hawthorne Boulevard) and 45.0' interior side (west). BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. P.C. Resolution No. 2008-43 Page 12 of 21 14. The approved project shall maintain a maximum of 50% lot coverage (49.5% proposed). 15. Twenty-nine (29) off-street parking spaces shall be provided, with each required parking space being individually accessible and maintaining minimum unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical clearance. All 2-way drive aisles shall maintain a minimum width of 25'. 16. With the exception of the approved building, no other structures or site improvements in excess of thirty-inches (30") in height shall be permitted within the intersection visibility triangle at Hawthorne Boulevard and Crest Road. 17. Permitted uses of the building shall be limited to general professional and administrative office uses. Medical offices and financial institutions shall not be permitted. 18. Prior to grading permit issuance, the applicant-shall submit detailed plans of the access driveway and curb cut for the review of the City's traffic engineer. The applicant shall be responsible for the cost of any improvements in the public right-of-way of Crest Road and Hawthorne Boulevard that the City's traffic engineer deems necessary. [Mitigation Measure TRA-1] Such improvements may include (but not be limited to) red curbs, deceleration lanes, warning signage and/or re-striping the left-turn pocket on Crest Road. If, as a result of the traffic engineer's review, significant project modifications to the driveway and curb cut are required, such modifications shall be subject to the review and approval of the Planning Commission. 19. Prior to grading permit issuance, the applicant shall provide evidence of the Fire Department's approval of the proposed driveways and parking areas, to the satisfaction of the Building Official. [Mitigation Measure TRA-3] 20. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate firefighting water and access available to said structure. 21. All utilities to and on the property shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. 22. The applicant shall not use the parking lot of the adjacent Ralphs supermarket for parking or staging of equipment or storage of materials. P.C. Resolution No. 2008-43 Page 13 of 21 23. With the exception of photovoltaic panels that do not exceed the height of the roof parapet, roof-mounted mechanical equipment is not permitted. All mechanical equipment shall be located within the building. 24. The project applicant shall maintain a 15-meter (50-foot) brush management zone around the proposed structure. The fuel modification plan shall be implemented on an annual basis under the supervision of a qualified biologist who shall survey the area before clearing and thinning activities to identify and avoid sensitive biological resources within the zone. To the maximum extent practical, brush management activities should be conducted outside of the bird- breeding season, which typically occurs between February 15th and August 31St. [Mitigation Measure BIO-5] In the event that Fire Department-mandated brush clearance exceeds the 15-meter (50-foot) radius around the structure, the applicant will be required to mitigate any additional habitat loss—in excess of the anticipated habitat loss discussed in Condition No. 58 below—at a 3:1 ratio through the payment of an additional mitigation fee to the City's Habitat Restoration Fund. 25. The project applicant shall incorporate low-pressure sodium illumination sources into the project's design. Low voltage outdoor or trail lighting, spotlights or bug lights should not be used. Light sources adjacent to the Reserve should be shielded, to the maximum extent feasible, to avoid disturbances to nocturnal wildlife. [Mitigation Measure BIO-6] 26. The proposed project 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. [Mitigation Measure HAZ-4] 27. Prior to building permit issuance, the applicant shall provide evidence of confirmation from California Water Service Company that current water supplies are adequate to serve the proposed project. [Mitigation Measure UTL-1] 28. Prior to building permit issuance, the applicant shall ensure that construction plans and specifications for the project include the following interior water- conservation measures for the following plumbing devices and appliances: Reduce water pressure to 50 pounds per square inch or less by means of a pressure-reducing valve; Install water-conserving faucets in public and private restrooms; and, Install one-and-one-half gallon, ultra-low flush toilets. [Mitigation Measure UTL-2] 29. Prior to building permit issuance, the applicant shall submit landscape and irrigation plans for the landscape areas for the review and approval of the P.C. Resolution No. 2008-43 Page 14 of 21 Director of Planning, Building and Code Enforcement. Said plans shall incorporate, at a minimum, the following water-conservation measures: Extensive use of native plant materials. Low water-demand plants. Minimum use of lawn or, when used, installation of warm season grasses. Grouped plants of similar water demand to reduce over-irrigation of low water demand plants. Extensive use of mulch in all landscaped areas to improve the soil's water- holding capacity. Drip irrigation, soil moisture sensors, and automatic irrigation systems. Use of reclaimed wastewater, stored rainwater or grey water for irrigation. [Mitigation Measure UTL-3] 30. The approved landscape plan shall include a pesticide management plan to control the introduction of pesticides into site runoff. 31. The design of the proposed project shall be modified such that the maximum height of the building does not exceed sixteen feet (16') above the highest point of the existing building pad covered by the structure. [Mitigation Measure AES-1] 32. Prior to building permit issuance, the applicant shall submit a site landscape plan for the review and approval of the Director of Planning, Building and Code Enforcement. [Mitigation Measure AES-2] 33. Site landscaping shall be maintained so as not to result in significant view impairment from the viewing area of another property, as defined in Section 17.02.040 of the Rancho Palos Verdes Municipal Code. [Mitigation Measure AES-3] 34. Any temporary or permanent project signage shall require the approval of a sign permit by the Director of Planning, Building and Code Enforcement, and shall be consistent with the provisions of Section 17.76.050(E)(2). [Mitigation Measure AES-4] 35. Prior to building permit issuance, the applicant shall submit a site lighting plan for the review and approval of the Director of Planning, Building and Code Enforcement. The plans shall demonstrate that lighting fixtures on the building and grounds shall be designed and installed so as to contain light on the subject property and not spill over onto adjacent private properties or public rights-of- way. [Mitigation Measure AES-5] Interior lighting within the subterranean garage shall also be screened and shielded so as to contain light within the garage and not create glare for nearby downslope residences. P.C. Resolution No. 2008-43 Page 15 of 21 36. Exterior lighting fixtures in the landscape area of the grounds shall be low, bollard-type fixtures, not to exceed forty-two inches (42") in height. Parking lot lighting shall not exceed ten feet (10) in height, as measured from the surface of the parking lot and shall employ downcast lumieres. Exterior lighting shall be extinguished by 10:00 PM. [Mitigation Measure AES-6] 37. Exterior lighting fixtures on balconies and common exterior walkways shall be energy-efficient fixtures, such as compact fluorescents. Said fixtures shall be equipped with light sensors so that they will only be illuminated during hours of darkness. [Mitigation Measure AES-7] Grading Permit Conditions: 38. This approval is for nine thousand nine hundred forty-three cubic yards (9,943 CY) of grading, composed of eight thousand seven hundred twenty-three cubic yards (8,723 CY) of cut and one thousand two hundred eleven cubic yards (1,211 CY) of fill, for a net export of seven thousand five hundred twenty-one cubic yards (7,521 CY). The maximum depth of cut shall be seventeen feet (17'-0") and the maximum depth of fill shall be ten feet (3'-0"). 39. The maximum driveway slope shall not exceed twenty percent (20%). A retaining wall and/or guard rail with a minimum height of forty-two inches above the driveway surface shall be provide along the downslope side of the driveway so as prevent vehicles from accidently rolling into Agua Amarga Canyon. 40. The maximum height of retaining walls abutting the driveway and surface parking area shall be five feet (5'-0") and the maximum steepness of new slopes abutting the driveway and surface parking areas shall be fifty percent (50%). All grading and retaining walls shall be subject to the review and approval of the City's Building Official and geotechnical consultant. 41. All site drainage facilities shall be subject to final review and approval by the City's drainage and NPDES consultants. Site drainage shall be conveyed directly to the public right-of-way of Crest Road. 42. In accordance with Section 1601 and 1602 of the California Fish and Game Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach, California 90802, (562) 435-7741, shall be notified prior to commencement of work within any natural drainage courses affected by this project. 43. All drainage swales and any other on-grade drainage facilities, including gunite, shall be of an earth tone color and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement. P.C. Resolution No. 2008-43 Page 16 of 21 44. Site surface drainage measures included in the project's geology and soils report shall be implemented by the project developer during project construction. 45. Subject to review and approval of the City Public Works and Building and Safety Department and prior to issuance of grading permits, the project proponent shall submit a stormwater management plan which shows the on-site and off-site stormwater conveyance system that will be constructed by the project proponent for the purpose of safely conveying stormwater off of the project site. These drainage structures shall be designed in accordance with the most current standards and criteria of the Director of Public Works and Los Angeles County Department of Public Works to ensure that default drainage capacity is maintained. The plan shall also show whether existing stormwater facilities off the site are adequate to convey storm flows. 46. In accordance with the Clean Water Act, coordinate with the Regional Water Quality Control Board (RWQCB) regarding the required National Pollutant Discharge Elimination System (NPDES) permit for the project. The developer shall obtain this permit and provide the City with proof of the permit before construction activities begin on the project site. 47. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to help control runoff from the project site during project construction activities. 48. In accordance with the Clean Water Act, the project proponent shall coordinate with the Regional Water Quality Control Board (RWQCB) on the preparation of a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project. 49. The stockpiling, rough cutting and preparation of raw stone for the exterior veneer of the structure shall not be permitted on the subject property. The storage and cutting of finished stone shall be permitted on site only for the final fitting and installation of the stone veneer. The use of a minimal number of stonecutting saws shall be permitted, provided that such saws are located immediately adjacent to the areas where the stone veneer is being applied, and as far as possible from nearby residences. 50. Prior to the commencement of grading, a bond, cash deposit, or combination thereof, shall be posted to cover the costs of grading in an amount to be determined by the City Engineer. 51. Prior to issuance of a grading permit by Building and Safety, the applicant shall submit to the City a Certificate of Insurance demonstrating that the applicant has obtained a general liability insurance policy in an amount not less than 5 million P.C. Resolution No. 2008-43 Page 17 of 21 dollars per occurrence and in the aggregate to cover awards for any death, injury, loss or damage, arising out of the grading or construction of this project by the applicant. Said insurance policy must be issued by an insurer admitted to do business in the State of California with a minimum rating of A-VII by Best's Insurance Guide. Said insurance shall not be canceled or reduced during the grading or construction work and shall be maintained in effect for a minimum period of one (1) year following the final inspection and approval of said work by the City, and without providing at least thirty (30) days prior written notice to the City. 52. A construction plan shall be submitted to the Director of Planning, Building and Code Enforcement prior to issuance of grading permits. Said plan shall include but not be limited to: limits of grading, estimated length of time for rough grading and improvements, location of construction trailer, location and type of temporary utilities. The use of rock crushers shall be prohibited. 53. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code". 54. Prior to the issuance of a building permit by the City's Building Official, the applicant shall obtain final approval of the grading and construction plans from the City's geotechnical consultant. The applicant shall be responsible for the preparation and submittal of all soil engineering and/or geology reports required by the City's geotechnical consultant in order to grant such final approval. [Mitigation Measure GEO-1] 55. Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building and Code Enforcement that dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements that require regular watering for the control of dust. [Mitigation Measure AIR-1] 56. During construction, all grading activities shall cease during periods of high winds (i.e., greater than 30 mph). To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. [Mitigation Measure Al R-2] 57. Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. [Mitigation Measure AIR-3] 58. The removal of CSS within and adjacent to the Reserve shall be mitigated at a 3:1 ratio, pursuant to the Rancho Palos Verdes NCCP Subarea Plan, at the most recent estimated cost for habitat restoration on a per-acre basis. For purposes of P.C. Resolution No. 2008-43 Page 18 of 21 this analysis, it is estimated that the proposed project would result in the loss of 3,625 square feet (0.083 of an acre) of disturbed CSS habitat that occurs on site and approximately 15,900 square feet (0.36 of an acre) of high-quality CSS habitat that occurs off site that would be impacted as a result of the fuel modification plan. The total loss of CSS habitat is therefore calculated to be 0.45 of an acre. Applying a 3:1 mitigation ratio, the total amount that should be paid into the City's NCCP habitat restoration plan should be equivalent to 1.35 acres. [Mitigation Measure BIO-1] 59. All construction site vegetation clearing shall be conducted during the non- breeding season (September 1St to February 15th) to avoid destruction of active bird nests. If vegetation clearing must be conducted during the bird breeding season, a nest survey must be conducted as a 15-meter (50-foot) exclusion zone is placed around all active nests (i.e., active nests with eggs or chicks) until the nest becomes inactive. [Miitgation Measure BIO-2] 60. The project applicant shall ensure that construction staging areas are located at least 15 meters (50 feet) away from the Reserve boundary and natural drainages. Designated "no fueling": zones shall be a minimum distance of 15 meters (50 feet) from all drainages and away from the Reserve boundary. [Mitigation Measure 13I0-3] 61. The project applicant shall schedule construction directly adjacent to the Reserve to minimize potential indirect impacts to biological resources in the Reserve. Construction adjacent to drainages should occur during periods of minimum flow (i.e., summer through the first significant rain of fall) to avoid excessive sedimentation and erosion and to avoid impacts to drainage-dependant species. Construction adjacent to habitats occupied by breeding sensitive wildlife species should be scheduled to avoid the breeding season (February 15th - August 31S), if practicable. [Mitigation Measure BIO-4] 62. In the event that a nesting special-status bird species is observed in the habitats to be removed or in other habitats within 50 feet of the construction or fuel modification work areas, the applicant has the option of delaying all construction work in the suitable habitat area or within 50 feet thereof, until after September 15th , or continuing focused surveys in order to locate any nests. If an active nest is found, clearing and construction within 50 feet of the nest shall be postponed until the nest is vacated and juveniles have fledged, and there is no evidence of a second attempt at nesting. Limits of construction to avoid a nest site shall be established in the field with flagging and stakes or construction fencing. Construction personnel shall be instructed on the ecological sensitivity of the area. [Mitigation Measure BIO-7] P.C. Resolution No. 2008-43 Page 19 of 21 63. To avoid the accidental take of active raptor nests, any removal of hardwood tree species shall be conducted between September 15t" and February 15t", outside of the typical breeding season, as feasible. Should avoidance of the nesting season not be feasible, a qualified biologist, as determined to the satisfaction of the City's Planning Department, shall be retained by the applicant to conduct focused raptor nest surveys within one week prior to grading. The results of the raptor nest survey shall be submitted to the City's Planning Department for review, via a letter report. [Mitigation Measure BIO-8] 64. Prior to approval of grading permits, the applicant shall conduct a soil investigation to determine whether site conditions pose any significant health or environmental risks associated with the past use of the site, and the nature and extent of any associated contamination. The investigation shall also include sampling and analysis to determine the PCB status of the site and building. The results of these investigations shall be presented in a report prepared in accordance with applicable law and standard practice. [Mitigation Measure HAZ-1] 65. No grading associated with the project shall occur until the soils investigation report is reviewed and approved by the City. If the soils investigation report requires remedial actions to address contamination, no grading activities shall occur in identified areas until appropriate response actions have been completed in accordance with applicable law and standard practice to the satisfaction of the City. [Mitigation Measure HAZ-2] 66. During grading or other soil disturbing activities, if malodorous or discolored soils or soils thought to contain significant levels of contaminants are encountered; the applicant or his contractors shall enlist the services of a qualified environmental consultant to recommend methods of handling and/or removal from the site. The need for and methods of any required response actions shall be coordinated with, and subject to, approval by the City. [Mitigation Measure HAZ-3] 67. The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. [Mitigation Measure NOI-2] 68. All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated. [Mitigation Measure NOI-3] 69. Haul routes used to transport soil exported from the project site shall be approved by the Director of Public Works to minimize exposure of sensitive P.C. Resolution No. 2008-43 Page 20 of 21 receptors to potential adverse noise levels from hauling operations. [Mitigation Measure NOI-4] 70. 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. [Mitigation Measure CUL-1] 71. 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. [Mitigation Measure CUL-2] 72. Prior to the commencement of grading, the applicant shall retain a qualified paleontologist and archeologist 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 archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. [Mitigation Measure CUL-3] Sign Program Conditions: 73. On-site signage shall be limited to the three (3) 14-square-foot attached wall signs and one (1) 20-square-foot 2-sided freestanding sign depicted on the approved plans. The attached signs shall be mounted below the eave line of the building and the freestanding sign shall not exceed a height of six feet (6-0"). Additional minor window signage and temporary signs shall be allowed in accordance with the provisions of the City's Development Code. 74. Notwithstanding the approved site plan, the freestanding sign shall not be located within the intersection visibility triangle at Hawthorne Boulevard and Crest Road unless it is reduced to a maximum height of thirty inches (30"). 75. The applicant shall obtain a sign permit for each permanent sign identified in this sign program. 76. No internally-illuminated signage may be used on the project site. [Mitigation Measure AES-8] The use of exposed neon tubing shall not be permitted. M:\Projects\ZON2002-00216(Chhabria,29941 Hawthorne Blvd)\PC Resolution 2008-43.doc P.C. Resolution No. 2008-43 Page 21 of 21