PC RES 2014-012 P.C. RESOLUTION NO. 2014-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES ADOPTING
ADDENDUM 2 TO A CERTIFIED MITIGATED NEGATIVE
DECLARATION,AND APPROVING A 6-MONTH REVIEW OF
A CONDITIONAL USE PERMIT FOR AN INSTITUTIONAL
BUILDING (CHASE BANK) AND AMENDING CERTAIN
CONDTIONS OF APPROVAL TO MITIGATE LIGHTING AND
LANDSCAPE IMPACTS AS SEEN FROM THE PUBLIC
RIGHT-OF-WAY FOR THE PROPERTY LOCATED AT 29941
HAWTHORNE BOULEVARD (CASE NO. ZON2002-00216).
WHEREAS, on October 30, 2008, the Planning Commission adopted P.C.
Resolution Nos. 2008-42 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,
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; and,
WHEREAS, on October 11, 2011, the Planning Commission adopted P.C.
Resolution No. 2011-33, thereby adopting Addendum No. 1 to a Certified Mitigated
Negative Declaration, and conditionally approving a Revision to a Conditional Use Permit
to allow the previously approved office building on the corner of Hawthorne Blvd. and Crest
Rd. 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
Rd., instead of two (2) building signs, and one (1) additional sign along the west elevation,
where the entrance to the building is located. As a condition of approval, the Planning
Commission required a one-time 6-month review of the operation and conditions of
approval; and,
WHEREAS, on January 20, 2014, Staff mailed notices to 224 property owners
within a 500-foot radius from the subject property, notifying the public of the required 6-
month review. The public notice was also published in the Peninsula News on January 23,
2014; 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 February 11, 2014, at which time all interested parties were given an opportunity to be
heard and present evidence. At said meeting, the Planning Commission continued the
public hearing to March 11, 2014; and,
WHEREAS, on March 11, 2014, the Planning Commission reviewed the conditions
of approval presented in the Draft Resolution which limited the hours of indoor lighting,
required the exterior ADA pathway lights to be fully shielded, and required the applicant to
remove four (4) trees along Hawthorne Blvd. Additionally, the Planning Commission
considered two additional conditions that were proposed by Staff to maintain the ground
cover along Hawthorne Blvd. no higher than 1-foot above the adjacent public walkway, and
to limit the hours of business operation for the property to be between 6 AM and 10 PM.
Given comments received from a representative of the property owner regarding a need to
further investigate the proposed hours of operation restriction with the property lease
agreement, and a new request from a resident to also possibly remove some future view
impairing trees along Crest Road, the Planning Commission continued the public hearing
to March 25, 2014 and directed Staff to provide an analysis of these additional issues; and,
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Pursuant to Condition No. 86 of P.C. Resolution No. 2011-33, the
Planning Commission held a public hearing to review the conditions of approval associated
with the Conditional Use Permit for 29941 Hawthorne Blvd, which is a newly constructed
financial institution (Chase Bank). Said review was held within six(6) months of receiving a
Temporary Certificate of Occupancy for the use of the new bank.
Section 2: The applicant is complying with all conditions of approval related to
parking, circulation and traffic calming measures. Specifically, the applicant has provided
the required thirty (30) parking spaces, each individually accessible and with minimum
dimensions.of 9' in width and 20' in depth. In addition, all drive aisles are being maintained
with a minimum width of 25' to provide for adequate on-site circulation. The applicant also
provided a series of bollards that were installed to the satisfaction of the Building Official to
achieve a vehicular safety barrier to prevent vehicles from accidently rolling into the
adjacent canyon. The applicant also provided adequate traffic calming measures, such as
street parking restrictions, additional red curbing, striping modifications and turn
restrictions.
Section 3: The applicant is complying with the restricted hours of use for the ATM
machines, which are located in the interior of the building. Specifically, the ATM's are
restricted from use between the hours of 10 PM and 6:00 AM.
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Section 4: The applicant is complying with a majority of the lighting conditions
related to the operation of the financial institution, with the exception of the interior lighting
and ADA pathway lights. Specifically, the majority of the exterior lighting is fully shielded
and does not create a negative impact to adjacent properties or the public right-of-way.
Additionally, the interior ATM lighting and security lighting that remains on after business
hours does not create a negative impact to adjacent neighboring properties or the public
rights-of-way. The applicant has remedied impacts from the brightness of parking lot
lighting that remained on after business hours by only keeping two(2) underground parking
lights on in the evening, past business hours. A condition of approval reflecting this has
been added. In order to remedy the impacts related to the exterior ADA pathway light, a
condition of approval was added that requires the applicant to mitigate the impacts of the
ADA pathway lights. Additionally, a condition of approval has been added that requires the
applicant to extinguish all interior lighting, with the exception of approved security lighting,
at the end of each business day. Said lighting shall not be turned on after business hours,
except when maintenance is being performed.
Section 5: The four (4) trees, located adjacent to and between the exterior
parking lot and Hawthorne Blvd. shall be removed within thirty (30) days of this approval.
Said trees were found to be partially blocking a view. Given that the trees are not required
by the City in this specific location, and the applicant has noted that they are in agreement
to removing the trees, the best alternative is removal of the trees in order to maintain a
view of the Pacific Ocean as seen from Hawthorne Blvd.
Section 6: 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), there is no evidence that the approval of the 6-month review and additional
conditions of approval would have a significant effect on the environment and, therefore,
the proposed conditions of approval 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, or as considered under Addendum#1, that would require the preparation of a
subsequent environmental analysis pursuant to CEQA Guidelines, and, accordingly,
Addendum #2 (Exhibit 'A'); to the MND is hereby adopted; and,
Section 7: 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 later than fifteen (15) days
following March 25, 2014, the date of the Planning Commission's final action.
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Section 8: 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 amends the conditions of approval
for the financial institution (Chase Bank), located at 29941 Hawthorne Boulevard, subject
to the conditions of approval in the attached Exhibit'B',which is incorporated herein by this
reference.
PASSED, APPROVED,AND ADOPTED this 25th day of March 2014, by the following vote:
AYES: gSmmissioners Cruikshank, Gerstner, James, hmenhiser, Vice Chairman.
Nelson and Chairman Leon
NOES: Commissioner Tomblin
ABSTENTIONS: None
RECUSSALS: None
ABSENT: None
Gordon Leon
Chairman
R�
Jo as, AICP
Community Development Director
P.C. Resolution No. 2014- 12
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EXHIBIT `A' TO P.C. RESOLUTION NO. 2014-
ADDENDUM NO. 2 TO ENVIRONMENTAL ASSESSMENT/
MITIGATED NEGATIVE DECLARATION (EA/MND)
FOR 29941 HAWTHORNE BOULEVARD
March 25, 2014
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 MND, 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.
On October 11, 2011, the Planning Commission adopted P.C. Resolution No. 2011-33,
thereby adopting Addendum No. 1 to a Certified Mitigated Negative Declaration, and
conditionally approving a Revision to the subject Conditional Use Permit to allow a
previously approved office building on the corner of Hawthorne Blvd. and Crest Road to
be used as a financial institution.
As a result of the revision approved by the Planning Commission in October 2011, the City
was required to conduct a 6-month review after the new financial institution received
occupancy to determine if the applicant is complying with all conditions of approval and to
determine if the conditions are accomplishing their intended purposes. As a result of the
6-month review, the Planning commission identified concerns with the brightness of ADA
pathway lighting, the brightness of interior lighting and four specific trees that partially
impaired views of the ocean from Hawthorne Blvd. In order to address these concerns,the
Planning Commission added specific conditions of approval to mitigate these impacts.
.Based on the abovementioned, the Planning Commission has determined that the
proposed conditions of approval 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.
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EXHIBIT "B"
Conditions of Approval
Case No. ZON2002-00216; 29941 Hawthorne Boulevard
(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 specified, 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 (30) 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, 2011).
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
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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 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 6,161 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
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land surveyor or civil engineer prior to foundation forms inspection.
14. The approved project shall 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. 2011-33, on 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.
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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 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]
26. 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]
27. 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]
28. 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.
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• 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]
29. The approved landscape plan shall include a pesticide management plan to control
the introduction of pesticides into site runoff.
30. 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]
31. 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]
32. 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]
33. The four (4) trees located between the exterior parking lot and Hawthorne Blvd.
shall be removed within thirty (30) days, by April 24, 2014. No new trees or shrubs
shall be planted within this area without City approval to ensure that views of the
Pacific Ocean are not significantly impaired from Hawthorne Blvd.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
34. The existing ground cover located along Hawthorne Blvd. and Crest Road shall be
maintained at a maximum height of 2-foot above the adjacent public walkways.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
35. The remaining trees located directly in front of the Chase Bank building, along
Hawthorne Blvd. and Crest Rd., shall be restricted to the height of a mature Crepe
Myrtle tree. If these permitted trees are replaced at any time in the future, said trees
shall be of a species that is similar in growth rate and height at full maturity as a
Crepe Myrtle. All new trees shall also be approved by the City prior to installation.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014)
36. In order to ensure that the removal of the trees described in Condition No. 33 does
not result in a violation of the U.S Migratory Bird Treaty Act, the applicant shall
ensure that there are no active nests in the trees before the removal of said trees.
The removal of these trees shall be carried out in compliance with the Migratory Bird
Treaty Act and the California Department of Fish and Game.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
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37. 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]
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.
44. Site surface drainage measures included in the project's geology and soils report
shall be implemented by the project developer during project construction.
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
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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.
45. 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.
46. Appropriate Best Management Practices(BMPs), including sandbags, shall be used
to help control runoff from the project site during project construction activities.
47. 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.
48. 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.
49. 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.
50. 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 following the final inspection and approval of said work by the City,
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and without providing at least thirty (30) days prior written notice to the City.
50. 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.
52. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining
Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code".
53. Priorto 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]
54. 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]
55. 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]
56. Construction equipment shall be kept in proper operating condition, including proper
engine tuning and exhaust control systems. [Mitigation Measure AIR-3]
57. 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]
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58. 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 13I0-2]
59. 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 610-
3]
60. 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 31St), if
practicable. [Mitigation Measure BIO-4]
61. 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]
62. 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 13I0-8]
63. Prior to approval of grading permits, the applicant shall conduct a soil investigation
to determine whether site conditions pose any significant health or environmental
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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]
64. 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]
65. 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]
66. The project shall utilize construction equipment equipped with standard noise
insulating features during construction to reduce source noise levels. [Mitigation
Measure NOI-2]
67. 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]
68. 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 NOI-4]
69. 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]
70. Prior to the issuance of a grading permit, the applicant shall conduct a Phase 1
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]
71. Prior to the commencement of grading, the applicant shall retain a qualified
paleontologist and archeologist to monitor grading and excavation. In the event
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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:
72. 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.
73. 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").
74. The applicant shall obtain a sign permit for each permanent sign identified in this
sign program.
75. 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.
76. All major identification signs shall use reverse channel lettering with halo-illuminated
lighting. (REVISED PER RESOLUTION NO. 2011-33, on October 11, 2011).
77. All signage lighting shall be extinguished by 10:00 PM every day. (REVISED PER
RESOLUTION NO. 2011-33, on October 11, 2011).
78. 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 Lighting
79. 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 BIO-6] (REVISED PER RESOLUTION NO. 2011-33, on October 11,
2011).
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80. 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 erste
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).
81. Exterior lighting fixtures in the landscape area 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] (REVISED PER RESOLUTION NO.
2011-33, on October 11, 2011).
82. 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).
83. 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).
84. 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 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, 2011).
85. 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
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modify said lighting to the satisfaction of the Director. (REVISED PER
RESOLUTION NO. 2011-33, on October 11, 2011).
86. 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).
87. The property owner or tenant shall extinguish all interior lighting, with the exception
of security lighting around the vault, and lighting within the ATM machines vestibule,
at the end of each business day. Said lighting shall not be turned on after business
hours, except when maintenance is being performed inside the building.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
88. All ADA pathway lighting shall be shielded from Hawthorne Blvd. and Crest Road,to
the satisfaction of the Community Development Director, within thirty (30) days of
the adoption of this Resolution, by April 24, 2014. Said lighting shall also be
required to meet the minimum standards of the Uniform Building Code. Should the
applicant not be able to meet the Uniform Building Code by fully shielding the
existing ADA pathway lights, then the applicant shall replace the existing ADA
pathway lights with lights that are fully shielded and meet the requirements of the
Uniform Building Code, to the satisfaction of the Community Development Director,
within sixty (60) days of this Resolution, by May 24, 2014.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
89. All exterior lighting,with the exception of two underground security parking lot lights,
shall be turned off by 10 PM each day.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
90. The operation of a business on the property shall be limited to the hours of 6 AM to
10 PM. Any business that occupies the property and wishes to conduct business
outside of the permitted hours of operation, shall obtain approval of a Revision to
this Conditional Use Permit.
(REVISED PER RESOLUTION NO. 2014-_, on March 25, 2014).
Automated Teller Machines (ATM's)
91. 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).
92. 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
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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 all homeowners associations within 500
feet of the subject property, and to the property owner in accordance with Rancho
Palos Verdes Development Code Section 17.80.090. 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).
93. 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).
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