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PC RES 2001-045P.C. RESOLUTION NO. 2001-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, RECOMMENDING THAT THE CITY COUNCIL CONDITIONALLY APPROVE TENTATIVE TRACT MAP N0. 53305, GENERAL PLAN AMENDMENT NO. 30, CONDITIONAL USE PERMIT NO. 228 AND GRADING PERMIT NO. 2242 IN CONJUNCTION WITH THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND ENVIRONMENTAL ASSESSMENT NO. 738, TO ALLOW THE SUBDIVISION OF A 4.99 -ACRE SITE INTO SEVEN (7) RESIDENTIAL LOTS, ONE (1) OPEN SPACE LOT, ONE (1) PRIVATE STREET LOT AND ONE (1) LOT TO ACCOMMODATE THE EXISTING CALIFORNIA WATER SERVICE COMPANY OFFICES, ON PROPERTY LOCATED WITHIN THE CITY'S DESIGNATED RS -4 ZONING DISTRICT, LOCATED AT 5837 CREST ROAD WHEREAS, on September 18, 2000, applications for Tentative Tract Map No 53305, General Plan Amendment No 30, Conditional Use Permit No 228, Grading Permit No 2242 and Environmental Assessment No 738 were submitted to the Planning Department by JCC Homes, Inc. on behalf of the property owner, California Water Service Company, to allow the division of a 4.99 -acre site into seven (7) residential lots, one (1) open space lot, one (1) private street lot and one (1) lot to accommodate the existing California Water Service Company offices, and, WHEREAS, Staff completed an initial review of the applications and plans submitted to the Planning Department and determined that additional information was needed in order to continue processing the request Furthermore, the applicant was informed of some potential Staff concerns pertaining to views and aesthetics, thus recommending that an environmental consultant prepare the necessary environmental documents to determine the project's impact on the surrounding environment Subsequently, Staff deemed the subject applications incomplete on October 18, 2000 and February 8, 2001; and, WHEREAS, on March 20, 2001 the augmented project applications and revised plans were submitted to the City and reviewed by Staff, and subsequently deemed complete for processing pursuant to the Permit Streamlining Act on April 17, 2001, and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq , the City's Local CEQA Guidelines, and Government Code Section 65962 5(F) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Tentative Tract Map No. 53305, General Plan Amendment No 30, Conditional Use Permit No 228 and Grading Permit No. 2242 would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for twenty-one (21) days between September 13, 2001 and October 4, 2001, and notice of that fact was given in the manner required by law, and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on September 25, 2001, at which time all interested parties were given the opportunity to be heard and present evidence, and, WHEREAS, at the September 25, 2001 meeting, the Planning Commission directed Staff and the applicant to further investigate design alternatives to address concerns pertaining to density, structure size, setback buffers and view impacts with the applicant and the surrounding neighbors A unanimous motion to continue action on the proposed tract map and Mitigated Negative Declaration to October 23, 2001 was passed by the Commission; and, WHEREAS, on October 9, 2001 Staff met with the applicant and surrounding neighbors to address the concerns identified at the September 25, 2001 Planning Commission meeting. At that time, possible project revisions were discussed by the applicant and presented to Staff and the neighbors, who collectively addressed the concerns pertaining to density, structure size, setback buffers and view impacts, and, WHEREAS, on October 16, 2001, the applicant submitted revised project plans to the City in order to address the concerns raised by Staff and the neighbors; and, WHEREAS, at the October 23, 2001 meeting, the Planning Commission was presented with the revised project plans and heard additional testimony from the neighbors A unanimous motion to continue action on the proposed tract map and Mitigated Negative Declaration to October 23, 2001 was passed by the Commission, and, WHEREAS, after issuing a new notice pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on November 27, 2001, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at its November 27, 2001 meeting, after hearing public testimony, the Planning Commission adopted P C Resolution No 2001-44 making certain findings related to the requirements of the California Environmental Quality Act and P C Resolution No. 2001-45 Page 2 of 26 • recommended that the City Council adopt a Mitigation Monitoring Program and Mitigated Negative Declaration for the proposed project. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS Section 1: The Planning Commission makes the following findings of fact with respect to the application for Tentative Tract Map No 53305 to subdivide the 4 99 -acre site into ten (10) lots A. The subject applications would permit the subdivision of a 4 99 -acre site into ten (10) lots, consisting of seven (7) residential lots, one (1) open space lot, one (1) private street lot and one (1) lot for the remaining California Water Service Company office The proposed residential lots will maintain a minimum lot area of 10,000 square feet and a minimum contiguous lot area of 3,300 square feet, as required by the City's Development Code and Subdivision Ordinance for lots located within the designated RS -4 (Single -Family Residential) zoning district. As proposed, six (6) of the lots will maintain access off Scotwood Drive via a new private street, and the seventh residential lot will have direct access off Scotwood Drive, an existing public street. The subject property is currently improved with the existing California Water Service Company office, reservoir, maintenance yard, carport and parking lot. A portion of the existing carport will be demolished prior to recordation of the final tract map Furthermore, the proposed subdivision requires 16,000 cubic yards of associated grading, consisting of 14,000 cubic yards of cut and 2,000 cubic yards of fill, of which 12,000 cubic yards will be exported from the site The Planning Commission finds that the proposed project is permitted within the RS -4 zoning district, and would not result in significant adverse environmental impacts In making this finding, the Planning Commission considered the project's mitigation measures that address the issues of Land Use and Planning, Aesthetics, Air Quality, Cultural Resources, Geology, Noise, Traffic/Circulation, Utilities, and Water Quality B The creation of seven (7) single-family residential lots is consistent with the type of land use and density identified in the City's General Plan, Residential 2-4 Dwelling Units per Acre, and, as conditioned, is consistent with the City's Development Code for projects within the RS -4 zoning district, and will not significantly impact the required land use C The creation of seven (7) single-family residential lots is designed to comply with the minimum 10,000 square foot lot area requirement and the minimum 3,300 square foot contiguous lot area requirement for newly -created lots in the City's P C Resolution No 2001-45 Page 3 of 26 RS -4 zoning district, and the newly created lots comply with the minimum lot width and depth standards required for the RS -4 zoning district. D The subdivision and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights- of-way and/or easements within the tract; and that the dedications required by local ordinance are shown on the Tentative Tract Map and/or are set forth in the attached conditions of approval E The subject use, as conditioned, mitigates or reduces significant adverse effects to adjacent properties or the permitted uses thereof and will create a project that will be sensitive and harmonious with the surrounding area F The project requires 16,000 cubic yards of associated grading to prepare the site for residential development. As such, the Planning Commission finds that the proposed project will not result in significant adverse affects to topography, destruction, covering, or modification of unique geologic or physical features, impacts to archeological or paleontological resources, or expose persons to seismic ground failure, landslides, or other known hazards, affect any plant or animal species or result in the removal of any sensitive plant life or animal life, or create a wasteful or inefficient use of the energy already being consumed on the site Although on-site grading is proposed, a geotechnical report addressing the scope of the project grading has been conceptually approved by the City's Geotechnical Engineer in the planning stage, further reports will be required to be reviewed and approved by the City's Building Official and the City's geotechnical consultant prior to issuance of grading or building permits Furthermore, the geotechnical report shall provide the developer with applicable conditions for which the project shall be constructed, along with other conditions that the City's Building Official and City's geotechnical consultant find necessary to ensure the project is constructed in a manner that does not jeopardize the public's health, safety and welfare As such, the conditions will ensure that the proposed project will not cause any significant geological impacts Section 2. The Planning Commission finds that the proposal to change the land use designation for portions of the property from Infrastructure -Facility to Residential 2-4 DU/acre is appropriate because the Infrastructure -Facility designation is reflective of the land use in place on the property at the time of the City's incorporation in 1973 Also in 1973, the property was down -zoned for single-family residential use with a 1 -acre minimum lot size because the County land use plan for the site and the City as a whole generally called for much higher residential densities than existed at the time Through the adoption of the City's first zoning ordinance in 1975, the property was re -zoned RS -4, which was and is consistent with the density of development in the surrounding single-family neighborhood (Mesa Palos Verdes) The portions of the site P C Resolution No 2001-45 Page 4 of 26 proposed for residential development are surplus areas that are no longer needed for the water company's operations. This is due in part to the fact that the original water company facilities were envisioned to supply a much higher density of development in the City—particularly within the coastal areas—which never materialized after the incorporation and down -zoning of much of the City However, there is still an apparent inconsistency with the General plan land use designation of Infrastructure -Facility and the site's RS -4 zoning designation Therefore, the approval of the proposed subdivision and residential development of portions of the California Water Service Company site should be contingent upon the City Council's approval of a general plan amendment that designates the portions of the site proposed for residential development as Residential 2-4 DU/acre Section 3: The Planning Commission makes the following findings of fact with respect to the application for Conditional Use Permit No. 228 to establish a residential planned development (RPD) overlay for the subject property: A The proposed Residential Planned Development conforms to the intent of the General Plan and any specific plan adopted by the City The General Plan designates the CWSC site as Infrastructure -Facility, while the City's zoning map designates the property RS -4. This is the same zoning designation as the surrounding Mesa Palos Verdes community, which is designated Residential, 2-4 DU/acre in the General Plan The CWSC office, maintenance yard, reservoir and pump station will remain so that the site will continue to fulfill its role consistent with the General Plan. The portions of the property that are proposed to be developed for residential use are portions that are no longer necessary for CWSC's operations As such, their transition to uses that are consistent with the surrounding Residential, 2-4 DU/acre land use designation conforms with the intent of the General Plan. It is the primary goal of the Land Use Element of the General Plan "to provide for land uses which will be sensitive to and enhance the natural environment and character of the community, supply appropriate facilities to serve residents and visitors, promote a range of housing types, promote fiscal balance, and protect the general health, safety and welfare of the community " According to the General Plan, undeveloped property that is designated Residential, 2-4 DU/acre "has low and moderate physical and social constraints and the density is compatible with the adjacent existing and future densities " The Planning Commission finds that these characteristics are applicable to the subject property B. The proposed Residential Planned Development conforms to the uses and development standards contained in Chapter 17 42 (Residential Planned Development) of the City's Development Code As a condition of approval, Lot 7 of the subdivision will be retained as an open area This lot exceeds thirty percent (30%) of the total site area, thereby complying with RPVDC Section P.C. Resolution No 2003-45 Page 5 of 26 0 9 17 42 040(C) Pursuant to Sections 17 42 040(C)(3) and (4), Lot 7 would be dedicated to CWSC as the "appropriate agency" to oversee its management and maintenance The proposed homes will meet or exceed the City's off-street parking requirements, and the lot coverage/open space requirements of the RS -4 zoning district will also be met. The existing CWSC facilities will be retained on the site, which is permitted pursuant to Section 17 42 030(E) Therefore, the Planning Commission finds that the proposed project conforms with the provisions of Chapter 17 42 C The proposed Residential Planned Development conforms to the intent of the provisions and requirements of the City's Development Code, including but not limited to the residential development standards of Chapter 17 02 (Single -Family Residential Districts) In particular, the plans indicate that adequate consideration has been given to the scale, architectural styles and materials of both the proposed and surrounding residences The seven (7) homes proposed as a part of this project have been reviewed for compatibility with the character of the surrounding Mesa Palos Verdes neighborhood All of the homes will comply with the 20 -foot front -yard setback requirement, which applies throughout the surrounding neighborhood The homes will also display a variety of architectural styles and materials that complement the architecture of nearby homes Although the proposed homes are generally larger than the surrounding homes in Mesa Palos Verdes, their size has been reduced by the applicant in response to neighborhood concerns The six (6) homes on the cul-de-sac will form their own "neighborhood" that will be internally consistent with itself The seventh home, which faces on to Scotwood Drive, will be seen in direct context with adjacent residences, so it has been re -designed to minimize its apparent bulk and mass as viewed from the street. With respect to view preservation, the project has been modified to limit all seven (7) homes to sixteen feet (16') in height, as measured from the finished grade elevations, so that ocean views are preserved and protected With respect to other development standards, the only deviation requested is the reduction on interior side -yard setback between the homes in the project. This reduction will only affect the homes in the project itself, since the required minimum side -yard setbacks where the proposed homes abut the neighboring residences (Lots 3, 4 and 9) will be met or exceeded As such, the Planning Commission finds that the proposed project conforms to the intent of the provisions and requirements of the City's Development Code D The site and grading plans indicate adequate consideration for the preservation of existing trees and native plant growth, watercourses and other natural features, and natural topography Creation of individual "pads" for each home site, in hillside areas, shall be discouraged Building design shall accommodate the site The are no natural features, watercourses or topography on the subject property However, there are a number of mature, non-native trees and other P C Resolution No 2001-45 Page 6 of 26 0 9 foliage on portions of proposed Lots 1 through 4. The applicant has prepared a landscape plan to retain as much of the existing mature foliage as possible, and to re -vegetate areas where the existing foliage cannot be retained. E. The plans for the proposed development show that adequate consideration has been given to privacy at the individual, family and neighborhood levels, including visual and acoustical privacy, in terms of the separation or orientation of dwelling units and private outdoor living areas The developer has plotted the proposed homes on the lots based upon the standard RS -4 setbacks. However, the rear yards of all of the proposed homes exceed the 15 -foot minimum setback, and they all abut the rear yards of surrounding homes (Lots 1 through 3), the existing reservoir area (Lots 4 through 6) or the CWSC maintenance yard (Lot 9) All of the proposed homes comply with the 50 -percent lot coverage standard of the RS -4 district In addition, the side -yard setbacks of Lots 3 and 4 abutting the rear yards of homes on Stonecrest Road have been increased to provide additional privacy As such, the Planning Commission finds that reasonable privacy will be provided in the rear yard areas. F The plans indicate that adequate consideration has been given to auto and pedestrian circulation, discouraging through -traffic on local streets, speed control, access, convenience, safety and the recreational aspects of pedestrian and bicycle circulation, and an indication on the plans that the design of any proposed streets that vary from City standards will perform the function required and that the off-site improvements will not create maintenance costs to the City which greatly exceed the costs for standard off-site improvements The proposed private street would mainly serve the residents of the new subdivision, while trips to and from the CWSC facility would primarily use the existing driveway from Crest Road Since the proposed street will be private, the maintenance costs will not be borne by the City. The proposed street has been reviewed by the City's Public Works Department, and will also require final approval by the Fire Department prior to recordation of the final tract map Therefore, the Planning Commission finds that this finding can be made for the proposed project G. The plans indicate that common open space areas will be suitable for recreational use and valuable for views, conservation or separation of dwelling units. The open space area would be the existing lawn on top of the underground reservoir Since the reservoir will remain, it would not be appropriate for this property to be used for active recreational use However, it is ideal for passive recreational use (such as walking or picnicking) and to function as a buffer for the surrounding homes to the north and northeast of the project site P C Resolution No 2001-45 Page 7 of 26 H The plans indicate that adequate consideration has been given to the provision of common recreation areas and facilities, in relation to the size of the private lots and reduced recreation opportunities in private yards The proposed lot sizes all exceed the minimum 10,000 -square -foot standard of the RS -4 district. These proposed lots would be adequate to provide for the development of private recreation areas and other accessory uses on each lot. As such, the Planning Commission finds that the proposed project does not warrants the inclusion of common recreational facilities for its residents The plans indicate adequate consideration for adjacent existing and future developments, and the extension of the circulation, open space, drainage and utility systems from one development to another The project will continue to provide for infrastructure connections to the surrounding neighborhood Aside from these, however, the Planning Commission finds no need or opportunity for connection with circulation or open space systems in the surrounding neighborhood J In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof As discussed elsewhere in this Resolution and in the accompanying Resolution recommending adoption of the Mitigated Negative Declaration, all adverse impacts of the project will be mitigated to less -than -significant levels K. 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 the City's Development Code, the proposed use complies with all applicable requirements of that chapter, is not applicable because the subject property is not located within an overlay control district. L Conditions that the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed upon the project, as delineated in the attached Exhibit 'A' Section 4. The Planning Commission makes the following findings of fact with respect to the application for Grading Permit No 2242 for the development of seven (7) single-family residences and a private street: A. The grading does not exceed that which is necessary for the permitted primary use of the lot, as defined in Section 17 96 2210 of the Development Code The proposed project encompasses sixteen thousand cubic yards (16,000 CY) of earth movement, much of which is remedial in nature Based upon similar construction of new homes on vacant lots elsewhere in the City, this is a relatively small quantity of material for the construction of seven homes and a PC Resolution No 2001-45 Page 8 of 26 0 0 private street. In most cases, the final pad elevations of the proposed lots will not vary significantly from the existing site topography The graded areas will be confined to the proposed residential lots and private street, which comprise less than half of the total site B The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties The elevations of many of the pads have been lowered in response to neighborhood concerns, and all of the proposed homes now comply with the 16 -foot height limit for pad or downslope lots These modifications have reduced or eliminated the impairment of views from surrounding properties C The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural The site is generally flat. With the exception of the transitional 3 1 slopes on Lots 1 through 3, no large new slope areas will be created D The required finding that the grading takes into account the preservation of natural topographic features and appearances by means of land sculpting so as to blend any man-made or manufactured slope into the natural topography, is not applicable because there are no natural topographic features on the subject property E For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as defined in Section 17 02 040(A)(6) of the Development Code As discussed elsewhere in this Resolution, the Planning Commission finds that the proposed project is consistent with the immediate neighborhood character F In new residential tracts, the grading includes provisions for the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage, and minimize visual effects of grading and construction on hillside areas Although the proposed project is a new residential tract, it is not located in a hillside area The approval of a grading permit for this project is conditioned to require implementation of slope protection and erosion control, as well as compliance with the provisions of the City's National Pollutant Discharge Elimination System (NPDES) program In addition, the applicant will be required to retain and protect as much of the existing mature foliage on the site as possible G The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside The proposed project does involve the construction of a new private P C Resolution No 2001-45 Page 9 of 26 0 11 street, but the site is not located in a hillside area Nonetheless, the grading for the private street comprises as fairly small portion of the overall grading proposed. H The grading would not cause excessive and unnecessary disturbance of natural landscape or wildlife habitat through removal of vegetation There does exist mature foliage on the site, but no wildlife habitat that supports any sensitive (I e , endangered or threatened) species. The grading conforms with the minimum standards for finished slope, depth of cut and/or fill, retaining wall location and height, and driveway slope established under Section 17 76 040(E)(8) of the Development Code Section 5: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council Pursuant to Section 17.76 040(H) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following November 27, 2001, 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 recommends that the City Council conditionally approve Tentative Tract Map No 53305, General Plan Amendment No. 30, Conditional Use Permit No. 228 and Grading Permit No 2242 in conjunction with the adoption of a Mitigated Negative Declaration and Environmental Assessment No. 738, to allow the subdivision of a 4.99 -acre site into seven (7) residential lots, one (1) open space lot, one (1) private street lot and one (1) lot to accommodate the existing California Water Service Company offices, on property located within the City's designated RS -4 zoning district, located at 5837 Crest Road, subject to the recommended conditions of approval in the attached Exhibit 'A'. P.C. Resolution No. 2001-45 Page 10 of 26 PASSED, APPROVED, AND ADOPTED this 27th day of November 2001, by the following vote. AYES Chairman Lyon, Commissioners Cartwright, Long, Mueller and Paulson NOES none ABSTENTIONS: none ABSENT Commissioner Vannorsdall J041 R jas, AlUnni Dir ct r of PIg, Building and Co nforct, and, Secretary to the Planning Commission Frank Lyotf Chairman P.C. Resolution No 2001-45 Page 11 of 25 0 n EXHIBIT `A' RECOMMENDED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 53305, GENERAL PLAN AMENDMENT NO. 30, CONDITIONAL USE PERMIT NO. 228 AND GRADING PERMIT NO. 2242 (JCC Homes/California Water Service Company, 5837 Crest Road) General 1 Within ninety (90) days of this approval, the applicant and/or 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 approval Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The developer shall supply the City with one mylar and copies of the map after the final map has been filed with the Los Angeles County Recorders Office 3 This approval expires twenty-four (24) months from the date of approval of the tentative tract map by the City Council, unless extended per Section 66452.6 of the Subdivision Map Act and Section 16 16 040 of the Development Code Any request for extension shall be submitted to the Planning Department in writing prior to the expiration of the map 4 The portion of the existing carport structure that crosses the property line between Lots 8 and 9 shall be demolished prior to recording the final tract map. A demolition permit shall be obtained by the City's Building and Safety division prior to any demolition activity 5. All lots shall comply with the lot criteria required by the Development Code for a RS -4 Zoning District, including the 10,000 square foot minimum lot area and the 3,300 square foot minimum contiguous lot area 6. The hours of construction shall be limited to 7 00 AM to 7 00 PM, Monday through Friday, and 9.00 AM to 5 PM on Saturday No construction shall be permuted on Sundays or on legal holidays unless otherwise permitted with the approval of a Special Construction Permit. 7 Unless specific development standards for the development of the lots are contained in these conditions of approval, the development of the lots shall comply with the requirements of Title 17 of the City's Municipal Code P C Resolution No. 2001-45 Page 12 of 26 8 The approval of the proposed subdivision and residential development of portions of the California Water Service Company site shall be contingent upon the City Council's approval of a general plan amendment that designates the portions of the site proposed for residential development as Residential 2-4 DU/acre Subdivision Map Act 9 Prior to submitting the Final Map for recordation pursuant to Section 66442 of the Government Code, the subdivider shall obtain clearances from affected departments and divisions, including a clearance from the City's Engineer for the following items mathematical accuracy, survey analysis, correctness of certificates and signatures, etc County Recorder 10 If signatures of record title interests appear on the final map, the developer shall submit a preliminary guarantee A final guarantee will be required at the time of filing of the final map with the County Recorder If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest holders The account for this preliminary title report guarantee shall remain open until the final map is filed with the County Recorder Archaeology 11 A qualified archaeologist shall make frequent periodic grading inspections to evaluate cultural resources on the site If archaeological resources are found, all work in the immediate area shall stop and the resources shall be removed or preserved All "finds" shall be reported to the Director of Planning, Building and Code Enforcement immediately 12 A qualified paleontologist shall be present during all rough grading operations If paleontological resources are found, the paleontologist shall stop all work in the affected area and all resources shall be excavated or preserved All "finds" shall be reported to the Director Planning, Building and Code Enforcement immediately Sewers 13 A bond, cash deposit, or other City approved security, shall be posted prior to recordation of the Final Map or start of work, whichever occurs first, to cover P C Resolution No 2001-45 Page 13 of 26 costs for construction of a sanitary sewer system, in an amount to be determined by the Director of Public Works 14. Prior to approval of the final map, the subdivider shall submit to the Director of Planning, Building and Code Enforcement a written statement from the County Sanitation District approving the design of the tract with regard to the existing trunk line sewer. Said approval shall state all conditions of approval, if any, and state that the County is willing to maintain all connections to said trunk lines 15. Approval of this subdivision of land is contingent upon the installation, dedication and use of local main line sewer and separate house laterals to serve each lot of the land division 16 Sewer easements are required, subject to review by the City Engineer, to determine the final locations and requirements 17. Prior to construction, the subdivider shall obtain approval of the sewer improvement plans from the County Engineer Sewer Design and Maintenance Division. Water 18. There shall be filled with the City Engineer a "will serve" statement from the water purveyor indicating that water service can be provided to meet the demands of the proposed development Said statement shall be dated no more than six (6) months prior to issuance of the building permits 19 Prior to recordation of the Final Map or prior to commencement of work, whichever comes first, the subdivider must submit a labor and materials bond in addition to either: a. An agreement and a faithful performance bond in the amount estimated by the City Engineer and guaranteeing the installation of the water system, or b. An agreement and other evidence satisfactory to the City Engineer indicating that the subdivider has entered into a contract with the serving water utility to construct the water system, as required, and has deposited with such water utility security guaranteeing payment for the installation of the water system 20 There shall be filed with the City Engineer a statement from the water purveyor indicating that the proposed water mains and any other required facilities will be P.C. Resolution No 2001-45 Page 14 of 26 0 • operated by the water purveyor and that, under normal operating conditions, the system will meet the needs of the developed tract. 21 At the time the final land division map is submitted for checking, plans and specifications for the water systems facilities shall be submitted to the City Engineer for checking and approval, and shall comply with the City Engineer's standards Approval for filing of the land division is contingent upon approval of plans and specifications mentioned above 22 All lots shall be served by adequately sized water system facilities that shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department. The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the land division The City Engineer shall determine domestic flow requirements Fire flow requirements shall be determined by the Fire Department and evidence of approval by the Fire Chief is required 23 Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to said structures 24 Prior to project approval by the City, and subject to the review and approval of the City PBCE Department, the project proponent shall provide evidence that they have received confirmation from the California Water Service Company that current water supplies are adequate to serve the proposed project. 25 The City shall ensure that construction plans and specifications for all proposed homes shall 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 clothes washers • Install water -conserving dishwashers and/or spray emitters that are retrofitted to reduce flow • Install one -and -one-half gallon, ultra-low flush toilets 26 Landscaping and irrigation plans for the public and private open space areas shall be submitted by the project proponent and approved by the Director of PBCE, prior to the issuance of building permits 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 P C Resolution No 2001-45 Page 15 of 26 • 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 gray water for irrigation. 27 The project proponents shall contact the Department of Water Resources for information on other water conservation techniques which could be incorporated into the project design Evidence of compliance with such other recommendations shall be submitted to the Director of PBCE, prior to the issuance of building permits. Drainage 28. A bond, cash deposit, or combination thereof shall be posted to cover costs of construction in an amount to be determined by the City Engineer 29. Prior to filing of the Final Map, the developer shall submit a hydrology study to the City Engineer to determine any adverse impacts to existing flood control facilities generated by this project Should the City Engineer determine that adverse impacts will result, the developer will be required to post a cash deposit or bond or combination thereof in an amount to be determined by the Director of Public Works, which will be based on the project's share of the necessary improvements 30 Drainage plans and necessary support documents to comply with the following requirements must be approved prior to the recordation of the Final Map or commencement of work, whichever comes first: a Provide drainage facilities to remove the flood hazard to the satisfaction of the City Engineer and dedicate and show easements on the final map b. Eliminate the sheet overflow and ponding or elevate the floors of the buildings with no openings in the foundation walls to at least twelve inches above the finished pad grade. c Provide drainage facilities to protect the lots from high velocity scouring action d Provide for contributory drainage from adjoining properties. P C. Resolution No 2001-45 Page 16 of 26 0 0 31 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 32. 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 33. Site surface drainage measures included in the project Geotechnical Engineering & Engineering Geologic Exploration report (Western Laboratories, July 21, 2000) shall be implemented by the project developer during project construction 34 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. 35 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. 36 Appropriate Best Management Practices, including sandbags shall be used to help control runoff from the project site during project construction activities 37 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 Streets 38. Prior to recordation of the Final Map or the commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof shall be posted to cover costs for the full improvement of all proposed public streets and related improvements, in an amount to be determined by the Director of Public Works P C Resolution No 2001-45 Page 17 of 26 • 0 39. The developer shall post an additional cash deposit, letter of credit, or combination thereof in an amount sufficient to cover the cost of full improvements of all facilities within the right-of-way of Scotwood Drive adjacent to the Tract Said improvements may include, but are not limited to, A/C paving, curb/gutter, sidewalk, drainage improvements, bikeways, bus stop improvements, medians and landscaping The design of such improvements shall be subject to the adopted street standards and the approval of the Director of Public Works 40. The proposed street shall be "private" and designed to the satisfaction of the Director of Public Works, pursuant to the following specifications a All proposed streets shall be thirty (30) feet in width, measured from flow - line. Right-of-way shall be a minimum of thirty-three (33) feet b. Cul-de-sacs shall be designed to the specifications of the Director of Public Works and the Los Angeles County Fire Department C. Street and traffic signs shall be placed at all intersections and/or corners, as specified by the Director of Public Works, and shall meet City standards d All proposed streets shall be designed in substantially the same alignment, as shown on the approved tentative tract map, and to the above conditions. e Any raised and landscaped medians and textured surfaces shall be designed to standards as approved by the Director of Public Works prior to construction. The developer shall provide maintenance of such improvements. No street lights or vehicular gates are permitted 41 The contractor shall be responsible for repairs to any neighboring streets (those streets to be determined by the Director of Public Works) which may be damaged during development of the tract Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City approved security, in an amount sufficient to cover the costs to repair any damage to streets or appurtenant structures as a result of this development 42 The applicant shall obtain any necessary approvals from the City of Rolling Hills Estates to allow the use of public streets for project -related construction vehicles. P.0 Resolution No 2001-45 Page 18 of 26 0 0 43. The City, at its discretion, may permit the developer to make said improvements or use the above payments to make said improvements by the City, as determined by the Director of Public Works 44 The developer shall pay traffic impact fees in an amount determined by the Director of Public Works upon acceptance of all public works improvements by the Director of Public Works. Utilities 45. All utilities to and on the lots shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation Cable television shall connect to the nearest trunk line at the developer's expense. Geology 46 Subject to review and approval by the Director of the City Planning Building and Code Enforcement Department (City PBCE) and prior to issuance of grading permits, the project proponent implement are of the recommendations in the Geotechnical Engineering & Engineering Geologic Exploration report (Western Laboratories, July 21, 2000) prepared for the project 47 Prior to recordation of the Final Map or commencement of work, whichever occurs first, a bond, cash deposit, or combination thereof shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the City Engineer. 48. All geologic hazards associated with this proposed development shall be eliminated or the City Geologist shall designate a restricted use area in which the erection of buildings or other structures shall be prohibited. 49 Prior to issuance of grading or building permits, the developer shall submit a Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites in the proposed subdivision Such soils are defined by Building Code Section 2904 (b). 50. An as -built geological report shall be submitted for structures founded on bedrock An as -built soils and compaction report shall be submitted for structures founded on fill as well as for all engineered fill areas P.C. Resolution No 2001-45 Page 19 of 26 0 Easements 0 51 Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets or highway access rights, building restriction rights, or other easements until after the final tract map is filed with the County Recorder, unless such easements are subordinated to the proposed grant or dedication If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the Final Tract Map 52, A private street easement, prepared to the satisfaction of the City Attorney, shall be recorded against Lots 8 and 10 allowing egress and ingress rights to Lots 1 through 6. 53. A landscape maintenance easement, prepared to the satisfaction of the City Attorney, shall be recorded against Lots 1 through 4, inclusive, allowing the homeowners' association to access and maintain the landscaping on the southerly portions of Lots 1 through 3 and the easterly portions of Lots 3 and 4 54. Easements are required, subject to review by the City Engineer, to determine the final locations and requirements Survey Monumentation 55. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof shall be posted to cover costs to establish survey monumentation in an amount to be determined by the City Engineer 56 Within twenty-four (24) months from the date of filing the Final Map, the developer shall set survey monuments and tie points and furnish the tie notes to the City Engineer 57 All lot corners shall be referenced with permanent survey markers in accordance with the City's Municipal Code 58 All tract corners shall be referenced with permanent survey markers in accordance with the Subdivision Map Act. Street Names and Numbering 59. Any street names and/or house numbering by the developer must be approved by the City Engineer P C Resolution No 2001-45 Page 20 of 26 Ion 60 Prior to recordation of the Final Map, the developer shall pay to the City of Rancho Palos Verdes a Parkland Dedication in lieu fee which is to be calculated pursuant to the City's Development Code 61 A notation shall be placed upon the final tract map, stating the Lot 7 is a common open space area for the tract, pursuant to Section 17 42.040(C) of the City's Municipal Code. Lot 7 shall be held in fee by California Water Service Company and its successors, which shall be obligated to maintain the property as a common open space area. The forage along the southerly property line of Lot 7 shall be maintained so as not to exceed eight feet (8') in height 62 A notation shall be placed upon the final tract map, reserving the right to prohibit the erection of residential structures on Lots 7 and 8 to the City of Rancho Palos Verdes Affordable Housinq 63 Prior to approval of the Final Map, the subdivider shall agree to participate in the City's affordable housing program, as codified in Chapter 17 11 of the City's Municipal Code Said participation may include construction of affordable units and/or payment of an affordable housing in -lieu fee. r 64 Prior to recordation of the Final Map or the commencement of work, whichever occurs first, 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. 65 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, and without providing at least thirty (30) days prior written notice to the City P C Resolution No. 2001-45 Page 21 of 26 0 9 66. Approval shall allow a total of 16,000 cubic yards of earth movement, consisting of 14,000 cubic yards of cut and 2,000 cubic yards of fill, of which 12,000 cubic yards will be exported from the site The maximum height of cut is 8 feet and the maximum height of fill is 3 feet Any revisions that result in a substantial increase to the aforementioned grading quantities shall be reviewed and approved by the Planning Commission as a revision to the grading application 67. 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 68. Prior to filing the Final Map, a grading plan shall be reviewed and approved by the City Engineer and City Geologist This grading plan shall include a detailed engineering, geology and/or soils engineering report and shall specifically be approved by the geologist and/or soils engineer and show all recommendations submitted by them It shall also be consistent with the tentative map and conditions, as approved by the City 69. A note shall be placed on the approved grading plan that requires the Director of Planning, Building and Code Enforcement to approve rough grading prior to final clearance. The Director (or a designated staff member) shall inspect the graded site for accuracy of pad elevations, created slope gradients, and pad size by requiring the applicant to provide survey certifications of the pad elevations, slope gradients, and pad sizes 70. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code" 71 Prior to the issuance of grading permits, the project proponent 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 which require watering for the control of dust. 72. 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 73 The project proponent shall provide the Director of PBCE with weekly certifications that all construction equipment is fitted with emission control devices and kept in proper tune P C Resolution No 2001-45 Page 22 of 26 74. Graded slope tops shall be rounded, slope gradients shall be varied, and no significant abrupt changes between natural and graded slopes will be permitted All created slopes shall not be greater than 3:1. Slopes may be split between adjacent lots 75. Prior to the issuance of a grading permit for the project, the project proponent shall prepare a haul route plan for approval by the City's Public Works Department. The project proponent shall also be required to post a bond with the City in an amount determined by the Public Works Department that will provide for the repair of City streets damaged by the hauling of soil to the project site 76. Project construction activities shall comply with applicable City noise restrictions. Construction activities shall be limited to hours between 7:00 AM and 7.00 PM, Monday through Friday, and 9:00 AM to 5 00 PM on Saturday No project construction will be allowed on Sundays or on holidays Public Services 77. The protect proponent will coordinate with the County of Los Angeles Fire Department to determine any appropriate mitigation to compensate for the increase in the demand for fire protection services due to the proposed project and any special site design considerations that would minimize fire hazards The cul-de-sac to be constructed as part of this project shall be constructed to Fire Department Standards to allow room for fire trucks to turn around in the cul-de- sac 78 The project proponent will coordinate with the County of Los Angeles, Office of the Sheriff, to determine any appropriate mitigation to compensate for the increase in the demand for police protection services due to the proposed project Appropriate police service fees shall be paid before a Use and Occupancy Permit is issued for the project Common Area Improvements and CC&R's 79. To the maximum extent feasible, existing foliage along the south and east boundaries of the tract and along the south boundary of Lot 7 shall be retained to preserve the privacy of adjacent residences Prior to grading permit issuance, the applicant shall submit a tract landscape plan for the Director's review that delineates the existing foliage to be removed and preserved, as well as new foliage to be planted The developer shall ensure that the size and height of the trees and foliage upon installation is adequate to provide privacy to abutting property owners The Director may require the planting of additional replacement foliage to ensure the privacy of adjacent residences All landscaping depicted in P C Resolution No. 2001-45 Page 23 of 26 the approved landscape plan shall be maintained by the homeowners' association pursuant to a landscape maintenance easement and agreement to be recorded against Lots 1 through 4, inclusive 80. Prior to approval of the Final Map, copies of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for the review of the Director and the City Attorney Said CC&R's shall reflect the standards provided in Chapter 17 42 (Residential Planned Development) of the Municipal Code, as well as all applicable development standards contained in this Resolution All necessary legal agreements, including homeowners' association, deed restrictions, covenant, dedication of development rights, public easements and proposed methods of maintenance and perpetuation of drainage facilities and any other hydrological improvements shall be submitted prior to the approval of the Final Map Development Standards for Individual Lots 81 The Final Map shall be in conformance with the lot sizes and configurations shown on the Tentative Map for the RS -4 zoning district All lots shall maintain a minimum lot size of 10,000 square feet, a minimum contiguous lot area of 3,300 square feet, which excludes setback areas and extreme slopes areas, and a minimum width of 75 feet and minimum depth of 100 feet, as defined by the Development Code. 82. No siting or grading for homes shall occur on existing extreme slopes (greater than 35%), unless otherwise permitted by criteria set forth in the Development Code Driveway slopes to individual homes shall conform to the standards set forth in the Development Code 83. The private driveways shall meet Fire Department standards, including any painting or stenciling of curbs denoting its existence as a Fire Lane and turn- arounds 84. Final building and site plans, including but not limited to grading, setbacks, elevations, lot coverage calculations, landscaping, and lighting shall be submitted to the Director of Planning, Building and Code Enforcement for review and approval to determine conformance with the Development Code Said plans shall be in substantial compliance with the plans stamped APPROVED with the effective date of this Resolution 85. The maximum building pad elevations and building heights for all main structures are limited as follows and shall be certified prior to issuance of final building permits P.C. Resolution No. 2001-45 Page 24 of 26 LOT NO PAD ELEVATION MAXIMUM HEIGHT MAXIMUM RIDGE ELEVATION 1 1184 0'/1174.0' 16' 1200 0' 2 1184 6/1174 5' 16' 1200 5' 3 1185.071175 0' 16' 1201 0' 4 1189.0' 16' 1205 0' 5 1186.5' 16' 1202 5' 6 1186 5' 16' 1202 5' 9 1200.571192 5' 16' 1216.5' 86. All of the proposed residences shall be constructed in compliance with the 16 - foot height limits for downslope and pad lots, as defined in the City's Development Code. 87. Chimneys, vents and other similar features may only exceed the 16 -foot height limit by the minimum height necessary to comply with Building Code requirements. 88. The project proponent shall submit a lighting plan for approval of the Director of PBCE prior to issuance of the protect and residential building permits. 89. The minimum roof pitch shall be of 3 12. No flat roofs shall be permitted, except as architectural features as permitted by the Director of Planning Building and Code Enforcement 90. Accessory structures shall not exceed a height of twelve (12) feet, as measured from the lowest pre -construction grade adjacent to the foundation wall to the top of the highest roof ridgelme 91 The following table lists the minimum setbacks for the residential lots: LOT NO. FRONT REAR E. SIDE W. SIDE ST SIDE 1 20' 56' 10' — 32' - 2 20' 52' 10' 7' - 3 20' 45' 25' 7' - 4 20' 15' 28' S' - 5 20' 26' 6' 10' - 6 20' 22' 7' 15' - 9 20' 42' - 10' 10' 92. All foliage on private lots shall be maintained so not to create significant view impairment from surrounding properties in accordance to Section 17 02 040 of the Rancho Palos Verdes Municipal Code P C Resolution No 2001-45 Page 25 of 26 93. Prior to issuance of building permits, the subdivider shall submit a tract fencing plan for the review and approval for the Director. M \Projects\TTM 53305_GPA 30—CUP 228—GR 2242_EA 738 (Cal Water -JCC Homes)\PC Resolution No 2001-45 doc P.C. Resolution No 2001-45 Page 26 of 26