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PC RES 2011-033 P.C. RESOLUTION NO. 2011-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM 1 TO A CERTIFIED MITIGATED NEGATIVE DECLARATION,AND CONDITIONALLY APPROVING A REVISION TO A CONDITIONAL USE PERMIT TO ALLOW A PREVIOUSLY APPROVED OFFICE BUILDING ON THE CORNER OF HAWTHORNE BOULEVARD AND CREST ROAD TO BE USED AS A FINANCIAL INSTITUTION;AND APPROVING A REVISION TO THE MASTER SIGN PROGRAM TO ALLOW ONE (1) BUILDING SIGN ALONG THE SOUTH SIDE OF THE BUILDING, FACING CREST ROAD, INSTEAD OF TWO BUILDING SIGNS, AND ONE ADDITIONAL SIGN ALONG THE WEST ELEVATION, WHERE THE ENTRANCE TO THE BUILDING IS LOCATED,AT THE PROPERTY LOCATED AT 20941 HAWTHORNE BOULEVARD (CASE NO. ZON2002-00216). WHEREAS, on October 30, 2008, the Planning Commission adopted P.C. Resolution Nos. 200842.and 2008-43, thereby certifying a Mitigated Negative Declaration and conditionally approving a Conditional Use Permit, Grading Permit and Master Sign Program to allow the development of a new professional office building on a vacant lot located at 29941 Hawthorne Boulevard (Case No. ZON2002-00216). Upon approving the project, the Planning Commission added a Condition of Approval (Condition No. 17) limiting the use of the building to general professional and administrative office uses. Medical offices and financial institutions were not permitted as the structure size did not meet the code required parking spaces for said uses,- and, ses;and, WHEREAS, on June 14, 2011, the applicant, Midblock LLC, and property owner, Raju Chhabria, submitted an application to revise the approved Conditional Use Permit to allow the proposed building to be occupied by a financial institution (Chase Bank)with a reduced structure size so as not to have to significantly increase the number of parking spaces on the site. The project was deemed incomplete for processing on July 11, 2011 due to missing information; and, WHEREAS, after submittal of required information, the project was deemed complete for processing on August 1, 2011; and, WHEREAS, on August 1, 2011, Staff mailed notices to 223 property owners within a 500- foot radius from the subject property. The public notice was also published in the Peninsula News on August 4, 2011. Shortly after publication, Staff was notified of an incorrect location reference in the August 1, 2011 notice. In addition, on August 8, 2011Staff received an additional request from the Applicant to revise the approved Sign Program for the proposed project. As a result, a new public notice with the corrected project location and Sign Program review reference was published in the Peninsula News on August 11, 2011 and re-sent to all property owners within a 500-foot radius; and, WHEREAS, given that the original public notice identified a public hearing date of August 23, 2011, and the 15-day public comment period identified in the second public notice did not officially expire until August 25, 2011, the Planning Commission continued the public hearing to the next meeting, on September 13, 2011, thereby providing the sufficient 15-day comment period for the requested CUP and Sign Program Revision; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on September 13, 2011, at which time all interested parties were given an opportunity to be heard and present evidence and the Planning Commission continued the public hearing to October 11, 2011; and, NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission acknowledges the proposed Revision "A"to a Conditional Use Permit and Master Sign Program to the property located at 29941 Hawthorne Boulevard as conditionally approved. Specifically, the request is to revise Condition No., 17 of Resolution No. 2008-43 to allow a previously approved office building on the corner of Crest Road and Hawthorne Boulevard to be used as a financial institution (Chase Bank). The overall square footage of the previously approved building will be reduced in size from 7,116 square feet to 6,161 square feet in floor area. The project will accommodate a total of 30 parking spaces (29.5 parking spaces required for financial institutions).The vehicular access, approved grading quantities, overall building height and appearance of the structure and parking lot will remain substantially the same as the design previously approved by the Planning Commission in 2008. The pedestrian front entrance is proposed to be relocated from Hawthorne Boulevard to the north side of the building, facing Aqua Amarga Canyon and the approved exterior parking lot. The applicant is also requesting a revision to the previously approved Sign Program to allow one (1) building sign along the south side of the building, facing Crest Road, instead of two building signs, and one (1) new wall sign along the west elevation where the main entrance to the building will be. The applicant will continue to maintain a total of three (3) wall signs on the building as approved by the Planning Commission in 2008 (Resolution No. 2008-43). Section 2: Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA Guidelines, and Government Code Section 65962,5(f) (Hazardous Waste and Substances Statement), the Planning Commission found no evidence that the approval of the requested revision to the approved project would have a significant effect on the environment and, therefore, the proposed project will not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that previously were identified and analyzed in the certified MIND. Additionally, the project does not include changed circumstances or new information, which were not known at the time the MIND was certified,that would require the preparation of a subsequent environmental analysis pursuant to CEQA Guidelines, and, accordingly, Addendum #1 (Exhibit 'A'); to the MND is hereby adopted; and, P.C. Resolution No. 2011-33 Page 2 of 22 Section 3: The Planning Commission makes the following findings of fact with respect to a request to revise a Conditional Use Permit to allow the use of a previously approved professional office buiilding to be used as a financial institution: A. The site is adequate in size and shape to accommodate said use and for all of the yards, setbacks, walls or fences, landscaping and other features required by this title [Title 17 "Zoning"] or by conditions imposed under this section [Section 17.60.050] to adjust said use to those on abutting land and within the neighborhood. The proposed 6,161 square foot building for a proposed financial use is consistent with the Commercial Professional (CP) district development standards. The project will continue to significantly exceed the minimum setbacks from abutting non,-residential properties and will continue to provide double the minimum width of landscape buffer along Crest Road and Hawthorne Boulevard. Furthermore, as the proposed financial use would require 30 parking spaces, the applicant has provided one additional parking space to accommodate the required parking for a financial use. B. The site for the proposed use relates to streets and highways is sufficient to carry the type and quantity of traffic generated by the subject use. The proposed building which includes a financial use is permitted under the uses allowed within the Commercial Professional zoning district. The project will continue to take direct access from Crest Road, from a new curb cut near the southwesterly corner of the vacant property. The previously approved project plans and traffic analysis were reviewed and approved in 2008 by the City's Traffic Engineer, concluding that the new development would not result in significant impacts upon existing and future levels of service (LOS) at three specified intersections. The applicant prepared an updated traffic analysis to address the trip generation change and potential future traffic impacts related to the 'walk-in bank' portion of the new building. The analysis utilized data for"existing year—2011 conditions" and projected data for"future year—2013 pre-project conditions"'and"future year — 2013 post-project conditions." As a result of the updated analysis, the Applicant's traffic consultant concluded that the change in use for the proposed' project(post-project conditions)would not create a significant traffic impact. The previously approved grading and associated conditions of approval and mitigation measures will remain in effect, 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. The project was previously approved as a professional office building in 2008 by the Planning Commission with the stipulation that the building not be used as a financial institution as the structure would not meet the parking code requirements for a 7,116 square foot building. The current proposal includes a financial component to the office building. In order to meet the parking code requirement, the applicant reduced the size of the building to 6,161 square feet and provided one (1) additional parking space to meet the parking code requirement for a financial P.C. Resolution No. 2011-33 Page 8 of 22 institution. Furthermore, the design, location, and height of the building has not been altered since the 2008 Planning Commission approved design. D. The proposed use is not contrary to the General Plan. The use of the property for professional offices and financial institutions is consistent with the Commercial Office land use designation for the site. As the applicant is not proposing to alter the design, height(16 feet) or location of the new building, the change in use will not affect any designated vistas in the Visual Aspects diagram of the City's General Plan. The project design will continue to be consistent with the General Plan's Visual Aspects Policies that call', upon the City to "[develop] controls to preserve existing significant visual aspects from future disruption ordegrada,tion",- `[require]developers, as developments are proposed within areas which impact the visual character of a corridor, to address treatments to be incorporated into their project 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 theirimpact",-and "[require]developments which lie between natural areas to be maintained and viewing corridors to show how they intend to mitigate view disruption."Furthermore, although the design, height and location of the project will not be altered, the overall square footage will decrease in area to 6,161 square feet. 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 were imposed and memorialized in P.C. Resolution No. 2008-42(Mitigated Negative Declaration)and P.C. Resolution No. 2008-43. These conditions and mitigation measures include (but are not limited to) limitations on the heights of walls and fences; conditions regarding the placement of exterior light fixtures; requirements for water-conserving landscaping and irrigation in the landscaped areas- limitations on the height of foliage and trees in the landscaped areas; and restrictions on the number and types of signage for the project, The proposal would not alter the design of the previously approved building, with the exception of reducing the square footage of gross floor area. As the square footage will be reduced in area, and the project will meet the parking requirements for financial institutions, Conditions of Approval reflecting these changes have been revised to eliminate the financial institution and medical office restrictions, and allow a new 6,161 square foot building with 30 parking spaces (Exhibit H). In addition, further Conditions of Approval have been modified or added related to on-site lighting. The following conditions are modified as follows with new text shown in underline and deleted text shown in strikethrough� P.C. Resolution No, 2011-33 Page 4 of 22 3. This approval is for a new 6,161 s uare foot 6 squar 1-story pr-of'ossien commercial building with a 7,364 square foot 466- square feet subterranean garage; thirty L30) 4ven I 'qe-¢2 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 Community Development 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. 11, This approval is for a 43,592 squaFe f9e 1-story o€fiGe commercial building with subterranean garage and surface parking that will encompass a total lot coverage of 12,868 square feet. The bank and offices shall not exceed 6,161 square feet. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to Building permit final. 15. Twenty gin 1 Thirty 3 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'. 17, permitted uses of the building shall be limited to financial institutions and ,general professional offices and administrative offices. Medical offices shall not be permitted. 73. All ma'or identification signs shall use reverse channel lettering with halo- illuminated aloilluminated lighting.. 74. All signage li he�ting shall be extinguished by 10:00 PM every day. 75. The color of the light source (light bulgy behind all reverse channel letterina shall be clear or white. No color bulbs shall be permitted. The si n when illurrainatdshall not omit a color other than clear or white. 77. 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 shou shall not be used. All light sources on the property shall be shielded or downcast to the maximum extent feasible, to avoid disturbances to nocturnal wildlife. [Mitigation Measure BIO-61 P.C. Resolution No. 2011-33 Page 5 of 2 78, Prior to building permit issuance, the applicant shall submit a site lighting plan preporad by a/i gh,ting,contracto for the review and approvalof the Community Development Director. The ti titin plan shall include the location, height, number of lights, wattage, estimates of maximum illumination on site with,no spill1glare at the property line. The plans shall also demonstrate that all lighting fixtures on the building and throQqhou the entire gra project site shall be designed and installed so as to contain light on the subject property and not spill over or be directed toward onto adjacent to properties orpublic rights-of-way.[Mitigation Measure AES-51 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. 79'. Exterior lighting fixtures on balconies and common exterior walkways shall be energy-efficient fixtures, such as compact fluorescents. Said fixtures shall be downcast, shielded and shall be equipped with light sensors so that they will only be illuminated during hours of darkness. [Mitigation Measure AES-7] W Exterior lighting fixtures in the landscape area�ejround shall be low, downcast, bollard-type fixtures, not to exceed forty-two (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 and shielded lumieres. All exterior lighting shall be extinguished by 10:00 PM. [Mitigation Measure AES-7] 81, Noone light fixture shall exceed 1,200 watts, and the !i ht source shall not be directed toward or result indirect illumination of an adarcel L acent P of property or p1g2erties other than that upon which such tight source is Physically located. All exterior lighting shall be arranged and shielded so as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on Public rights-of-wav 82. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the !i ht source or fixture is located on a building with no eaves, or if located on a standard or pole, the,if source or fixture shall not be more than ten feet above existing grade, eylacent to the building. 83. Prior to issuance of the first Certificate of Occupancy and within two (2) weeks of installation/use of all site lighting, the applicant shall reguest that the Community Development Director or his desiqnee conduct an inspection of the site to ensure that there is.nospill-over of light onto adiacent properties or cause a negative impact to adjacent properties or public riahts-of-wa y, Upon determination by the Director that any installed P.C. ResoWfion No. 2011-33 Page 0 of 22 Ilqhtinq creates an impact, the property owner shall modLfy said lighting to the satisfaction of the Director. 84. All 11 ht testing shall be done with the entire facilityffluminated and testing equipment shall be a calibrated gossen panalux electronic 2 or an equal approved by the director. 85. All automated teller machines (ATM's,) shall not be available for use between the hours of 10 PM and 6:00 AM. Section 4: The Planning Commission finds that the eight (8) criteria of Section 17.76.050(B)(3)(a) through (h), with respect to a request to revise a Master Sign Program to change the location of three (3) previously approved identification signs can be approved. The signs are necessary for the applicant's enjoyment of substantial trade and property rights, and do not constitutes needless repetition, redundancy or proliferation of signage. The signs serve' the purpose to primarily identify the general nature of the establishment as an office building with a financial use. As the proposed lighting will not be internally illuminated, the revised signage would not constitute a detriment to public health, safety and welfare and will not obscure from viewing or unduly detract from existing adjacent signs. The size, shape, color and placement of the signs will be compatible with the building site and will have no adverse effect on the value and character of the adjacent residential district. Furthermore, all new major identification wall signs will continue to be 14 square feet in area, as previously approved. Consistentwith Section 17.76.050(F)(1) of the RPV Development Code, a major identification wall sign will be installed along the building fagade of each public street, Crest Road and Hawthorne Boulevard respectively, and a major identification wall sign will be installed along the north fagade where the main entrance of the building will be located. Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting forth the grounds of the appeal and any specific actions requested by the appellant, and accompanied by the appropriate appeal fee, no laterthan fifteen (15)days following October 11, 2011, the date of the Planning Commission's final action. Section 6: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts Addendum No. 1 (Exhibit A)to the certified Mitigated Negative Declaration and conditionally approves a Revision to a Conditional Use Permit and Master Sign Program (Planning Case No. ZON2002-00216)to allow an office building to incorporate a financial (bank) use, and revise the Master Sign Program to allow one (1) building sign along the south side of the building, facing crest Road, instead of two (2) signs, and one additional sign along the west elevation, where the entrance to the building will be located, at the corner of Crest and Hawthorne, located at 29941 Hawthorne Boulevard, subject to the conditions of approval in the attached Exhibit'B', which is incorporated herein by this reference. P.C. Resolution No. 2011-33 Page 7 of 22 PASSED, APPROVED, AND ADOPTED this 11`x' day of October 2011, by the following vote: AYES: Commissioners Emenhiser, Knight, Leon, Lewis and Vice Chairman Tetreault NOES: None ABSTENTIONS: None RECUSSALS: Commissioner Gerstner ABSENT: Commissioner Tomblin bavid L. Tomblin Chairman loelRojI ICP Com( nity evelo nt Director P.C. Resolution No. 2011-, 33 Page 8 of 21 EXHIBIT 'A' TO P.C. RESOLUTION NO. 2011-33 ADDENDUM NO. I TO ENVIRONMENTAL ASSESSMENT/ MITIGATED NEGATIVE DECLARATION (EA/MND) FOR 29941 HAWTHORNE BOULEVARD October 11, 2011 On October 30, 2008, the Planning Commission adopted P.C. Resolution No. 2008-42, certifying a Mitigated Negative Declaration (MND) for the construction of a new professional office building located at 29941 Hawthorne Boulevard. The project entailed the construction of a new 7,116 square foot professional office building with partially subterranean parking and additional outdoor parking. Prior to its adoption, the MND was circulated for public comments. All comments received from persons and responsible agencies were addressed, and the conditions and measures were incorporated to mitigate impacts resulting from the project. In adopting the MIND, the Planning Commission found: 1) that there would be no significant adverse environmental impacts resulting from the development, and 2) that the impacts identified in Initial Study could be mitigated through incorporation of mitigation measures to reduce any adverse impacts to adjacent properties, and therefore, upon the environment. The City's Planning Commission is considering the modification of a condition of approval that currently restricts the use of the approved professional office building to be used as a financial institution or medical office, The current project includes changing the use of the building to include a financial (bank) component, which is a permitted use in the Commercial Professional zoning district. In order to meet the parking code requirements for a financial institution, the project has been decreased in square footage to 6,,161 square feet with thirty (30) proposed parking spaces. The total grading and foundation footprint has not increased since the 2008 approval, Due to the fact that the proposed use would change from a strictly professional office building to an office building with a financial (bank) use, an update to the previously approved 2.005 traffic analysis was prepared. According to the updated traffic analysis.The project would not adversely impact any of the studied intersections. As such, no additional mitigation measures, are warranted. With regard to on-site lighting, a number of mitigation measures were previously identified. Staff has further clarified these mitigation measures in the project Conditions of Approval to ensure that all site lighting is extinguished by 10:00 PM and all light is downcast so that no direct illumination will occur on adjacent acent properties. The following Conditions of Approval and mitigation measures related to on-site lighting were amended as follows: 77. 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 shall not be used. All light sources on the property shall adjaGent the Resewe shouW be shielded or downcast to the maximum extent feasible, to avoid disturbances to nocturnal! wildlife. [Mitigation Measure BIO-6] P.C. Resolution No, 2011-33 Page 0 of 22 78. Prior to building permit issuance, the applicant shall submit a site lighting plan, Prepared by a lighting contractor, for the review and approval of the Community Development Director. The lighting plan shall include the location, height, numbs of lights, wattage, estimates of maximum illumination on site with no spill/glare at the property line. The plans shall also demonstrate that all lighting fixtures,on the building and throughout the entire gFeunds project site shall be designed and installed so as to contain light on the subject property and not spill over or be directed toward GntG adjacent p.4vate 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. 79, Exterior lighting fixtures on balconies and common exterior walkways shall be energy-efficient fixtures, such as compact fluorescents. Saiid' fixtures shall be downcast, shielded and shall be equipped with light sensors so that they will only be illuminated during hours of darkness, [Mitigation Measure AES-7] 801, Exterior lighting fixtures in the landscape area of the grownA shall be low, downcast, bollard-type fixtures, not to exceed forty-two(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 and shielded lumieres, All exterior lighting shall be extinguished by 10:00 PM. [Mitigation Measure AES-7] With regard to signage lighting, Mitigation Measure AES-8 notes that no internally-illuminated signage may be used on the property. The proposed signage includes the use of reverse channel lettering with a hallow effect and will not be internally illuminated, As such, the revised, proposed signage would not create any additional impacts or the need for additional mitigation measures. Based on the abovementioned, the Planning Commission has determined that the proposed revisions will not introduce new significant environmental effects or substantially increase the severity of the environmental impacts that previously were identified and analyzed in the certified MND, Additionally, the project does not include changed circumstances or new information, which were not known at the time the MND was certified, that would require the preparation of a subsequent environmental analysis pursuant to CEQA Guidelines, As such, no further environmental review is necessary. P,C. Resolution No. 2011-33 Page 10 of 22 EXHIBIT "B" Conditions of Approval Case No. ZON2002-00216; 29941 Hawthorne Boulevard (Revision to CUP & Master Sign Program) 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 s,pecified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply, 3. This approval is for a, new 6,161 square foot 1-story commercial building with a 7,364 square foot subterranean garage; thirty (301) 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 Community Development 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, (REVISED PER RESOLUTION NO, 2011-33, on October 11, 20:11). 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, 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. P.C. Resolution No. 2011-33 Page 11 of 22 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 NCI-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 1-story commercial building with subterranean garage and surface parking that will encompass a total lot coverage of 12,868 square feet. The bank and offices shall not exceed 6,1,61 square feet. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to Building:, Permit final (REVISED PER RESOLUTION NO, 2011-33, on October 11, 2011). 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, 14, The approved project shalll maintain a maximum of 50% lot coverage (49,5% proposed). 15. Thirty(30,)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' (REVISED PER RESOLUTION NO. 20111-33, on P.C. Resolution No. 2011-33 Page 12 of 22 October 11, 2011). 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 financial institutions, and general professional offices and administrative offices. Medical offices-shall not be permitted (REVISED PER RESOLUTION NO, 2011-33, on October 11, 2011). 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. 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 31't, [Mitigation Measure BIO-5] In the event that Fire P.C. Resolution No. 2011-33 Page 13 of 22 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 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 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 P.C. Resolution No. 2011-33 Page 14 of 22 review and approval of the Director of Planning, Building and Code Enforcement. [Mitigation Measure AES-2] 33, Site landscaping shallbe 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 consistentwith the provisions of Section 17.76.050(E)(2). [Mitigation Measure AES-4] Grading Permit Conditions: 35. 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 elle:ven 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"), 36, 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. 37. 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, 38. 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 night-of-way of Crest Road, 39. 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. 40. 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, 41. Site surface drainage measures included in the project's geology and soils report shall be implemented by the project developer during project construction. P.C. Resolution No. 2011-33 Page 15 of 22 42. 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, 43. 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. 44. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to help control runoff from the project site during project construction activities. 45. 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. 46, 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. 47. 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. 48. 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 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 folllow,ing 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. P.C. Resolution No. 2011-33 Page 16 of 22 49. 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. 50. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code". 51. 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] 52. 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-11 53. 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 AIR-2] 54. Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. [Mitigation Measure AIR-3] 55. 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 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] 56. All construction site vegetation clearing shall be conducted during the non-breeding season (September 1'L to February 15 ) 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] P.C. Resolution No. 2011-33 Page 17 of 22 57, 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 BIO-3] 58. 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 15�1'-August 31 st), if practicable. [Mitigation Measure 1310-4] 59, In the event that a nesting special-status bird species is observed in the habitats to be removed or in, other habitats wiithiin 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 151h , 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 610-7] 60, To avoid the accidental take of active raptor nests, any removal of hardwood tree species shall be conducted between September 15th and February 15th, 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 1310- 8] 61. 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] 62. 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 P.C. Resolution No. 2011-33 Page, 18 of 22 and standard practice to the satisfaction of the City. [litigation Measure HAZ-2] 63, 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] 64, The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. [Mitigation Measure NOI-2] 65. 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 NO]-3] 66, 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 receptors to potential adverse noise levels from hauling operations, [Mitigation, Measure NO( 4] 67, 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] 68, Prior to the issuance of a grading permit, the applicant shall conduct a Phase 11 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] 69, Prior to the commencement of grading, the appflcant 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: 70On-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. 71 Notwithstanding the approved site plan, the freestanding sign shall not be located within P.C. Resolution No. 2011-33 Page 19 of 22 the intersection visibility triangle at Hawthorne Boulevard and Crest Road unless it is reduced to a maximum height of thirty inches (30"). 72. The applicant shall obtain a sign permit for each permanent sign identified in this sign program. 73. No internally-illuminated signage may be used on the project site. [Mitigation Measure AES-81 The use of exposed neon tubing shall not be permitted. 74. All major identification signs shall use reverse channel lettering with halo-illuminated lighting. (REVISED PER RESOLUTION NO, 2011-33, on October 11, 2011). 75, All signage lighting shall be extinguished by 10:00 PM every day. (REVISED PER RESOLUTION NO, 2011-33, on October 11, 2011). 76. The color of the light source (light bulb) behind all reverse channel lettering shall be clear or white. No color bulbs shall be permitted. The sign, when illuminated, shall not omit a color other than clear or white. (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). Site Lighti[Ig 77. 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 shall not be used. All light sources on the property shall be shielded or downcast to the maximum extent feasible, to avoid disturbances to nocturnal wildlife. [Mitigation Measure BlO-61 (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). 78. Prior to building permit issuance, the applicant shall submit a site lighting plan, prepared by a lighting contractor, for the review and approval of the Community Development Director. The lighting plan shall include the location:, height, number of lights, wattage, estimates of maximum illumination on site with no spill/glare at the property line. The plans shall also demonstrate that all lighting fixtures on the building and throughout the entire project site shall be designed and installed, so as to contain light on the subject property and not spill over or be directed toward GFite adjacent 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. (REVISED PER RESOLUTION NO, 2011-33, on October 11, 2011), 79. Exterior lighting fixtures in the landscape area shall be low, downcast, bollard-type fixtures, not to exceed forty-two (42") in heigiht. Parking lot lighting shall not exceed ten feet (10) in height, as measured from the surface of the parking lot and shall employ downcast and shielded lumieres. All exterior lighting shall be extinguished by 10:00 PM. [Mitigation Measure AES-7] (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). P.C. Resolution No. 2011-33 Page 20 of 22 80. Exterior lighting fixtures on balconies and common exterior walkways shall be energy- efficient fixtures, such as compact fluorescents. Said fixtures shall be downcast, shielded and shall be equipped with light sensors so that they will only be illuminated during hours of darkness. [Mitigation Measure AES-7] (REVISED PER RESOLUTION NO,. 2011-33, on October 11, 2011), 81, No one light fixture shall exceed 1,200 watts, and the light source shall not be directed toward or result in direct illumination of an adjacent parcel of property or properties other than that upon which such light source is physically located. All exterior lighting shall be arranged and shielded so as to prevent direct illumination of abutting properties and to prevent distraction of drivers of vehicles on public rights-of-way. (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). 82. No outdoor lighting shall be permitted where the light source or fixture, if located on a building, is above the line of the eaves. If the light source or fixture is located on a building i with no eaves, or if located on a standard or pole, the light source or fixture shall not be more than ten feet above existing grade, adjacent to the building, (REVISED PER RESOLUTION NO. 2011-33, on October 11, 20,11). 83, Prior to issuance of the first Certificate of Occupancy and within two (2) weeks of installation/use of all site lighting, the applicant shall request that the Community Development Director or his designee conduct an inspection of the site to ensure that there is no spill-over of light onto adjacent properties or cause a negative impact to adjacent properties or public rights-of-way. Upon determination by the Director that any installed lighting creates an impact, the property owner shall modify said lighting to the satisfaction of the Director, (REVISED PER RESOLUTION NO. 20,11-33, on October 11, 201 11). 84. All light testing shall be done with the entire facility illuminated and testing equipment shall be a calibrated gossen panalux electronic 2 or an equal approved by the director. (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). Automated Teller Machines (ATM's) 85, All automated teller machines (ATM's) shall not be available for use between the hours of 10 PM and 6:00 AM, (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011), 86. The Conditions of Approval contained herein shall be subject to review and modification, as deemed necessary and appropriate by the Planning Commission, six(6)months after issuance of a final Certificate of Occupancy for the new 6,161 square foot office/financial building on the vacant property. The Planning Commission shall review the applicant's compliance with the conditions of approval, and determine if the conditions are accomplishing their intended purposes. Notice of said review hearing shall be published and provided to owners of property within! a 500' radius, to persons requesting notice, to P.C. Resolution No. 2011-33 Page 21 of 22 all homeowners associations within 500 feet of the subject property, and to the property owner in accordance,with Rancho Palos Verdes Development Code Section 17.801.,090. At that time, the Planning Commission may add, delete, or modify the conditions of approval as deemed necessary and appropriate by the Planning Commission. As part of the six month review, the Planning, Commission shall consider the on-site lighting, parking conditions, circulation patterns, traffic impacts occurring as,a result of the subject project and the hours of operation for the uses permitted on-site, in addition to other concerns raised by the Planning Commission and/or interested parties. The Planning Commission may impose more restrictive standards and conditions to mitigate any impacts resulting from the operation of the Project, (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). 87. This approval allows the occupancy of one (1) tenant, Chase Bank, within the leasable ,area of the building. Any change in use shall be subject to review by the Director of Community Development and any use that increase the parking demand,traffic impacts or trip generation, or creates a significant environmental impact shall require a CUP Revision, (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011). P.C. Resolution No. 201'1-33 Page 22 of 22