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PC RES 2017-046 P.C. RESOLUTION NO. 2017-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING A MAJOR GRADING PERMIT AND COASTAL DEVELOPMENT PERMIT FOR 6,414YD3 OF AFTER- THE-FACT GRADING WITH 794YD3 OF EXPORT TO REGRADE THE CONTOURS WHERE UNPERMITTED GRADING OCCURRED OVER THE 5500 PALOS VERDES DRIVE SOUTH PROPERTY AND THE CITY-OWNED ABALONE COVE RESERVE PROPERTY (CASE NO. ZO N 2017-00115). WHEREAS, on May 13, 2015, during a site visit, City Staff found that grading and vegetation removal of sensitive habitat occurred without City approvals on the subject property at 5500 Palos Verdes Drive South (PVDS) and portions of the City-owned Abalone Cove Reserve property. On the same day, the City's Code Enforcement Division sent a letter to the property owners informing them that the unpermitted activity must cease immediately and to contact City Staff to develop a plan to rectify the situation; and, WHEREAS, on May 16, 2015, the Code Enforcement Division observed continued unpermitted activity on the subject property and issued the property owners a stop work order; and, WHEREAS, on June 18, 2015, the Code Enforcement Division sent a letter to the property owners identifying specific actions to remedy the situation including submitting appropriate planning applications to regrade the contours and replant the vegetation. Since then, the property owners have been working with the City to address the unpermitted work including the submittal of a property line survey and a geotechnical report; and, WHEREAS, on March 24, 2017, the property owners submitted an after-the-fact Grading Permit and Coastal Development Permit to conduct 6,414yd3 of grading with 794yd3 export to regrade the contours where unpermitted grading occurred over the subject property and the City-owned Abalone Cove Reserve property; and, WHEREAS, on May 8, 2017, the application was deemed complete for processing, setting the action deadline to November 4, 2017; and, WHEREAS, on June 13, 2017, the Planning Commission conducted a duly noticed public hearing and continued the matter to September 26, 2017 to address the requirements of the California Environmental Quality Act; and, WHEREAS, on October 24, 2017, the Applicant granted a one-time 90-day extension, setting the action deadline to February 2, 2018; and, WHEREAS, on November 16, 2017, notice of the draft Mitigated Negative Declaration and the proposed After-the-fact Major Grading Permit and Coastal Development Permit was sent to all property owners within 500' of the subject site and appropriate public agencies for a comment period exceeding 20-days, commencing on November 16, 2017 and concluding on December 12, 2017. Additionally, the notice was published on the same day in the Palos Verdes Peninsula News. Staff did not receive any comments in response to the public notice; and, P.C. Resolution No. 2017-46 Page 1of15 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the Planning Commission of the City of Rancho Palos Verdes adopted P.C. Resolution No. 2017-45, determining there is no substantial evidence that the approval for the Major Grading Permit and Coastal Development Permit would result in a significant adverse effect on the environment, provided appropriate mitigation measures are imposed on the project; and, WHEREAS, the Planning Commission held a duly noticed public hearing on December 12, 2017, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: A Major Grading Permit is approved for 6,414yd3 of grading with 794yd3 export to regrade the contours where unpermitted grading occurred over the subject property and the City-owned Abalone Cove Reserve property because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the subject lot is residential and the City-owned lot is open space for preservation and passive recreational purposes. The after-the-fact grading is to regrade the unpermitted disturbed areas over a portion of the rear yard of the 5500 PVDS property and the adjacent slopes on the City-owned Preserve property. This grading is limited to the previously disturbed area with unpermitted fill prior to the Applicant's current ownership. The City Geologist determined that the unpermitted fill areas are approximately 50' to 150' in width and range between approximately 2' and 25' in depth. The previous unpermitted fill is not suitable to support additional fill material, structures or utility lines because of the lack of appropriate compaction. Therefore, grading will include recompaction of the existing unpermitted fill for stabilization purposes and to recontour the area so that the finished contours blend in with the existing surrounding slopes. As engineered, the proposed recompaction and recontoured slopes will further stabilize the condition of the site which would benefit the Applicant and the City. B. The grading does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties because the neighboring properties to the north is at least 15' lower than the street elevation and screened behind the existing residential and ancillary structures. Neighboring properties to the west and east are located at least 2,700' and 4,000' away from the nearest property lines and therefore, the proposed grading area will not be readily visible. South of the proposed grading area is the larger Abalone Cove Reserve area and the ocean. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural by ensuring the finished grades seamlessly blends with the surrounding slopes. The finished contours will maintain a maximum of 2:1 slopes, which is consistent with the surrounding slopes. P.C. Resolution No. 2017-46 Page 2 of 15 D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. Manufactured slopes of 2:1 maximum will be created to blend in the proposed grading areas with the surrounding contours. E. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation. The unpermitted grading resulted in the unauthorized removal of protected habitat from both the subject property and the City-owned Abalone Cove Reserve property. In October 2017, the Palos Verdes Peninsula Land Conservancy identified the area of habitat loss as measuring approximately 0.5 acres (0.1 acres on private and 0.4 acres on public property). Pursuant to the 2004 Council-adopted Draft NCCP, the following Mitigation Measure BIO-1 has been added to the attached Exhibit "A" to mitigate for the habitat loss: BIO-1. Prior to any grading or permit issuance, vegetation previously impacted by the unpermitted grading and vegetation needed to be cleared for fuel modification shall be offset by the property owner using a 3:1 ratio for CSS, a 0.5:1 ratio for non-native grassland, and a 3:1 ratio for native grassland as described in the Council-adopted NCCP for loss occurring in an area greater than 0.3 acres by using one of the following three methods: 1) With the approval of the City, PVPLC, and the Wildlife Agencies, the property owner shall dedicate additional acreage to the Palos Verdes Nature Preserve that will add to the biological function of the Preserve and the property owner shall provide management funding for the additional acreage according to a Property Analysis Record or similar method; 2) Revegetation of impacted habitat at the Abalone Cove Reserve and the payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan; or 3) With the approval of the City, PVPLC, and the Wildlife Agencies, the property owner shall dedicate additional acreage to the Palos Verdes Nature Preserve that will add to the biological function of the Preserve and submit payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan. If the revegetation option is selected, the property shall prepare a Revegetation Plan for review and approval by the Director of Community Development, Wildlife Agencies, and the Palos Verdes Peninsula Land Conservancy (PVPLC) shall be hired by the City, at the property owner's expense, to grow and plant the required vegetation. F. The grading conforms to the grading standards for grading on slopes over 35% steepness and maximum depth of cut or fill. The grading does not conform to the grading standards that limit the gradient of the maximum finished slopes to 35% steepness and grading on slopes over 50% steepness. The proposed project is to rectify the unpermitted grading that resulted in unsuitable fill that may be prone to erosion, settlement and potential slope failure. The grading involves recontouring the areas over 35% gradient and overexcavation in excess of 5' in depth to stabilize the area and create manufactured slopes around the boundary of the unpermitted grading area to blend it with the existing surrounding contours. The proposed grading is therefore, consistent with the purposes of the Grading Permit to promote the public health, safety and general welfare as set forth in the Municipal Code. While the proposed grading is not typically permitted for other properties in the vicinity, given the uniqueness of the matter and P.C. Resolution No. 2017-46 Page 3 of 15 safety considerations, the proposed grading over 35% gradient and 5' in depth is necessary. The City Geologist and the Building Official will be required to review and approve engineered grading plans prior to grading permit issuance and will be required to conduct inspections throughout the grading process. Therefore, the proposed grading in excess of the maximum allowed gradient for finished slopes and over 50% steepness is warranted. Section 2: A Coastal Permit is approved for the proposed project because: A. The proposed development is consistent with the Coastal Specific Plan. The Coastal Specific Plan designation for the project site is Residential <1 Dwelling Unit/Acre (5500 PVDS) and Agriculture (City-owned Abalone Cove Reserve), located within an appealable portion of Subregion 5 of the Coastal Specific Plan (CSP) district. The discussion of Subregion 5 in the CSP notes that the Harden Estate gatehouse is the only residential development in the Subregion, and that it "serves as an important component in the Peninsula's few remaining historical sites." This is reiterated in the Socio-Cultural Element of the CSP, which calls upon the City to "[consider] the implementation of appropriate measures to protect the identified cultural resources" in the City's coastal zone. The CSP further describes the City-owned area to contain natural vegetation (Coastal Sage Scrub). The proposed project serves to protect a historical site (i.e. Harden Estate gatehouse) by stabilizing the surrounding slopes through the removal and recompaction of the unpermitted and unsuitable fill that was placed on the site over the years. The property owners will then be required, as mitigation to the habitat loss caused by the unpermitted grading, to either dedicate additional acreage to the City's Nature Preserve or revegetate the impacted habitat and pay a mitigation fee. The grading will stabilize the slopes on the City-owned Abalone Cove Reserve further protecting the natural resources and passive recreational trails. The proposed grading area will be limited to the previously graded area. Also, the proposed grading area is not located within a visual corridor identified in the Corridors Element of the CSP and therefore, there will have no adverse effects upon a public view from Palos Verdes Drive South. B. The proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act. Although the project site is located seaward of the first public road (i.e., Palos Verdes Drive South), it is limited in area and is partially surrounded by the Harden Estate and partially surrounded by Abalone Cove Shoreline Park and does not extend to the mean high-tide line. As such, the property does not provide an opportunity for additional public access to coastal resources than what currently exists. By contrast, the surrounding City Park and Preserve provide extensive and existing opportunities for public access to coastal resources in the form of improved trails, trailheads, public beach access and public off-street parking. The grading will not impact any improved public trails, public beach access or parking. However, an unauthorized trail that leads from the 5500 PVDS property into the City-owned property will be closed and eventually revegetated with habitat. Section 3: The proposed project complies with the purpose of the Urban Appearance Overlay Control District (OC-3), which is established to preserve, protect and maintain land and water areas, structures and other improvements which are of significant value because of them recreational, aesthetic and scenic qualities; preserve, protect and maintain significant views and vistas; ensure that site planning, grading, and landscape techniques will preserve, protect and enhance the visual character of the City; and preserve, protect and P.C. Resolution No. 2017-46 Page 4 of 15 maintain significant views of and from slope areas within the community which characterize the City's dominant land form. The grading is designed in a manner that does not adversely impact views, vistas, or the existing visual character of the City. The project is to regrade and stabilize the unsuitable fill areas as a result of unpermitted import. Additionally, the grading is limited to the previously graded area, which will be recontoured to blend in with the remaining contours. Lastly, the removed habitat as a result of unpermitted past grading will be revegetated in the City-owned Abalone Cove Reserve area. Section 4: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040(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 December 12, 2017, the date of the Planning Commission's final action. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No 2017-46, approving the requested after-the-fact Major Grading Permit and Coastal Development Permit to conduct 6,414yd3 of grading with 794yd3 of export to regrade the contours where unpermitted grading occurred over the 5500 Palos Verdes Drive South property and portions of the City- owned Abalone Cove Reserve property, subject to the Conditions of Approval contained in the attached Exhibit "A" (Case No. ZON2017-00115). PASSED, APPROVED AND ADOPTED this 12th day of December 2017, by the following vote: AYES: COMMISSIONERS NELSON, BRADLEY, EMENHISER, TOMBLIN, AND VICE CHAIRMAN JAMES NOES: COMMISSIONER LEON ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE h/A s, -/#2.52 William J. Jame Vice Chairman (d) Ara Mihr- - , AICP Director of Community Development and Secretary of the Planning Commission P.C. Resolution No. 2017-46 Page 5 of 15 EXHIBIT 'A' CONDITIONS OF APPROVAL AFTER-THE-FACT MAJOR GRADING PERMIT AND COASTAL DEVELOPMENT PERMIT (ZON2OI7-00115) 5500 PALOS VERDES DRIVE SOUTH & ABALONE COVE RESERVE General Conditions: 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 the date of this approval shall render this approval null and void. 2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit to the City a Certificate of Insurance demonstrating that the Applicant or its applicable contractor 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. Said insurance policy must be issued by an insurer that is authorized to do business in the State of California with a minimum rating of A-VII by Best's Insurance Guide or a rating of at least A by Standard & Poors. Such insurance shall name the City and past, present and future the members of its City Council, boards, committees, commissions, officers, employees, servants, attorneys, volunteers and agents serving as its independent contractors in the role of City officials, as additional insureds. A copy of this endorsement shall be provided to the City. Said insurance shall be maintained in effect at all times during actual project construction shall not be canceled or reduced during the grading or construction work without providing at least thirty (30) days prior written notice to the City. Further, the insurance shall remain in place for a minimum period of five (5) years following final inspection and approval. 4. General liability insurance. The contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been P.C. Resolution No. 2017-46 Page 6 of 15 amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 5. Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. 6. Automobile liability insurance. The contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident. 7. Professional Liability. Professional liability insurance appropriate to the Contractor's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor's services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage. 8. Subcontractors. The contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Prior to issuance of any grading permits, a bond, cash deposit, or other City-approved security, shall be posted to cover the costs of grading in an amount to be determined by the Director of Public Works. The bond, cash deposit, or other City-approved security, at a minimum, shall be sufficient to pay for the cost of restoring the project site to an acceptable condition, as determined by the Building Official and the Director of Public Works, in the event that the project is not completed and shall include, but not be limited to, stabilizing and hydro-seeding all slopes, completing all retaining walls that are required to maintain the slopes, installing erosion control improvements, and filling in grade depressions or holes. Said security shall be released after all grading related activities are completed and after the approval of the as-built grading plans by the Building Official. 10. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works. 11. 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 P.C. Resolution No. 2017-46 Page 7 of 15 Verdes Municipal Code shall apply. 12. Pursuant to Section 17.78.040, 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. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and public notification. 13. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 14. Failure to comply with and adhere to all of these Conditions of Approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code or administrative citations as described in Section 1.16 of the City's Municipal Code. 15. If the Applicant has not submitted an application for a grading permit or building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within 90-days of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 16. 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. 17. In the event that a Condition of Approval is in conflict or is inconsistent with any Mitigation Measure for this project, the more restrictive shall govern. 18. 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. 19. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non- conforming structures on the property, unless the approval of such illegal or legal non- conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 20. 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. P.C. Resolution No. 2017-46 Page 8 of 15 21. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 22. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the Applicant shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 23. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. 24. The Applicant shall be required to pay the estimated amount of the cost of services to be provided on behalf of the City by any outside consultants that have been retained by the City to render services specifically in connection with this project, in the form of a trust deposit account, prior to commencement of such services (e.g. City Engineer, City Attorney, geotechnical consultants, biologist, landscape architect, City Arborist, noise consultant, environmental consultants, recycling consultants, etc.). The Applicant shall adequately fund said trust deposit accounts prior to the commencement of services, in amounts reasonably requested by the City, based upon an estimate of the cost of services for the period of at least 90 days for which services are rendered. In addition, the trust deposits shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. 25. All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. Project Specific Conditions: 26. This approval is for 6,414yd3 (3,604yd3 of cut and 2,768yd3 of fill) of grading over two separate areas with 794yd3 export to regrade the contours where unpermitted grading occurred over the subject property and the City-owned Abalone Cove Reserve property as shown below. A. Area 1 a. 5500 PVDS — 55yd3 of grading (13yd3 of cut and 42yd3 of fill) b. City Property—789y3 of grading (449yd3 of cut and 340yd3 of fill) B. Area 2 a. 5500 PVDS — 7yd3 of grading (5yd3 of cut and 2yd3 of fill) b. City Property—819y3 of grading (765yd3 of cut and 54yd3 of fill) C. Overexcavation and Recompaction on both Areas 1 and 2 a. 4,744yd3 (2,372yd3 of cut and 2372yd3 of fill) The maximum depth of cut is 15' and the maximum depth of fill is 14' (includes the height of over-excavation and recompaction). P.C. Resolution No. 2017-46 Page 9 of 15 27. Prior to the final inspection of the precise grading, the Applicant shall provide the Building Official with a certified as-built grading plan prepared and wet-stamped by a licensed engineer. 28. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, a haul route shall be obtained from the Department of Public Works. 29. PRIOR TO BUILDING/GRADING PERMIT FINAL, an as-built wet-stamped survey shall be submitted to the satisfaction of the Director of Community Development. 30. Temporary construction fencing shall be installed in accordance with the RPVMC. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit a Temporary Construction Fence Plan, as part of the Construction Management Plan, that identifies items including, but not limited to, the type, the location and the time duration of construction fencing to be installed to address health and safety issues that are related to grading or other construction activities. 31. No overnight parking or storage of vehicles associated with construction shall be permitted in the public right-of-way or on the City-owned Abalone Cove Reserve property during construction. 32. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit to the Director of Public Works and the Director of Community Development, for review and approval, a Construction Management Plan. Said Plan shall include, but not be limited to, the proposed routes to and from the project site for all deliveries of equipment, materials, and supplies, and shall set forth the parking plan for construction employees, the installation of traffic control signs at and around the project site, hours of arrival and departure for construction workers, sound abatement measures, and street maintenance (street cleaning and repairs). All construction related parking must be accommodated on-site. No on-street construction related parking shall be permitted. The queuing and idling of construction worker vehicles and construction vehicles/equipment shall be prohibited on-site and on City streets. Furthermore, the Plan shall identify the staging area which shall not result in adverse impacts to the surrounding environment. 33. The Applicant shall be responsible for repairs to any public streets that may be damaged as a result of development of the project as required by the Director of Public Works. 34. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall film the public roads that will be used for construction traffic to and from the project site, as described in the City approved Construction Management Plan, to document the pre- construction road condition. Said film, in either a DVD or CD format, shall be submitted to the Director of Public Works and shall be used to document any roadway damage that may be associated with project construction. 35. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit security, in a form reasonably acceptable to the City, to cover any damage to existing public roadways caused by project construction. The amount of such security shall be determined by the Director of Public Works and shall not be released until all construction related activities have been completed and after final inspections by the City's Building Official. P.C. Resolution No. 2017-46 Page 10 of 15 36. Prior to the release of the security to cover any damages to existing public roadways (see above conditions), the Applicant shall repair or replace all curbs, gutters, and sidewalks that are damaged as a result of project construction, as determined by the Director of Public Works. 37. Recommendations made by the City Geologist, the City Engineer, and the Building and Safety Division during the ongoing review of the project shall be incorporated into the design and construction of the project. 38. Recommendations made by the project Applicant's geologist, as modified by comments from the City's Geologist, shall be incorporated into the design and construction of the project. 39. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the City's Geologist and Building Official shall review all applicable structural plans or design information and reports as deemed necessary by the City's Geologist, Building Official, or both, including but not limited to, geotechnical reports during the Plan Check review process to ensure that the proposed project will not threaten public health, safety, and welfare. 40. If applicable, as determined by the City Geologist, PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, 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 Director of Public Works. Said security shall be released after all grading related activities are completed and after the approval of the as-built grading plans by the Building Official. 41. A revegetation Landscape Plan, including an irrigation plan, shall be prepared by a qualified Landscape Architect in accordance with the standards set forth in RPVMC. The Landscape Plan shall be reviewed and approved by the Director of Community Development, a qualified Landscape Architect, and an Arborist hired by the City, PRIOR TO BUILDING/GRADING PERMIT ISSUANCE. The Applicant shall establish a Trust Deposit account with the City prior to the submittal of Landscape Plans to cover all costs incurred by the City in conducting such review. The Landscape Plan shall include, at a minimum, the plant species (Latin and common names), growth rate, and maximum height at maturity for all proposed trees. Included in the Landscape Plan shall be a maintenance schedule as stated in these conditions. During the Director's review, the Landscape Plan shall also be made available to the public, including the PVPLC, for review and input. The Landscape Plan shall comply with the water conservation concepts, the View Preservation Ordinance, the planting requirements, the irrigation system design criteria, and all other requirements of the RPVMC. Mitigation Measures: AQ-1. During construction, including grading, excavating, and land clearing, storage piles and unpaved disturbed areas shall be continuously stabilized or covered when material is not being added to or removed from the pile. P.C. Resolution No. 2017-46 Page 11of15 AQ-2. During construction, including grading, excavating, and land clearing, measures should be taken to prevent emitting dust and to minimize visible emissions from crossing the boundary line. AQ-3. During construction, including grading, excavating, and land clearing, construction vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being released or tracked off site. AQ-4. During construction, including grading, excavating, and land clearing, the Applicant shall be responsible for minimizing bulk material or other debris from being tracked onto the City's public roadways, and if tracked, the Applicant's contractor shall be responsible for cleaning up the impacted City's public roadways. AQ-5. During construction, including grading, excavating, and land clearing, no trucks shall be allowed to transport excavated material off-site unless the trucks are maintained such that no spillage can occur from holes or other openings in cargo compartments, and loads are either: covered with tarps; wetted and loaded such that the material does not touch the front, back, or sides of the cargo compartment at any point less than 6" from the top and that no point of the load extends above the top of the cargo compartment. AQ-6. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall demonstrate to the Director of Community Development's satisfaction 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. AQ-7. During construction, including grading, excavating, and land clearing, all excavating and grading activities shall cease when winds gusts (as instantaneous gusts) exceed 25 mph. To assure compliance with this measure, grading activities are subject to periodic inspections by City staff. AQ-8. During construction, including grading, excavating, and land clearing, construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. BIO-1. PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, vegetation previously impacted by the unpermitted grading and vegetation needed to be cleared for fuel modification shall be offset by the property owner using a 3:1 ratio for CSS, a 0.5:1 ratio for non- native grassland, and a 3:1 ratio for native grassland as described in the Council- adopted NCCP for loss occurring in an area greater than 0.3 acres by using one of the following three methods: 1) With the approval of the City, PVPLC, and the Wildlife Agencies, the property owner shall dedicate additional acreage to the Palos Verdes Nature Preserve that will add to the biological function of the Preserve and the property owner shall provide management funding for the additional acreage according to a Property Analysis Record or similar method; 2) Revegetation of impacted habitat at the Abalone Cove Reserve and the payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's NCCP Subarea Plan; or 3) With the approval of the City, PVPLC, and the Wildlife Agencies, the property owner shall dedicate additional acreage to the Palos Verdes Nature Preserve that will add to the biological function of the Preserve and submit payment of a mitigation fee to the City's Habitat Restoration Fund for the remaining mitigation, pursuant to the City's P.C. Resolution No. 2017-46 Page 12 of 15 NCCP Subarea Plan. If the revegetation option is selected, the property shall prepare a Revegetation Plan for review and approval by the Director of Community Development, Wildlife Agencies, and the Palos Verdes Peninsula Land Conservancy (PVPLC) shall be hired by the City, at the property owner's expense, to grow and plant the required vegetation. BIO-2. Prior to commencing construction, the construction area shall be clearly delineated with fencing or other boundary markers. Temporary fencing (with silt barriers) shall be installed at the limits of Project impacts to prevent habitat impacts and prevent the spread of silt from the construction zone into adjacent habitats (i.e. Altamira Canyon). Fencing shall be installed in a manner that does not affect adjacent habitats to be avoided and in compliance with Section 17.56.020.0 of the RPVMC. BIO-3. Prior to commencing construction, the Project limits shall be clearly marked on Project maps provided to the construction contractor and areas outside of the Project limits shall be designated as "no construction" zones. BIO-4. During construction, construction workers shall strictly limit their activities, vehicles, equipment, and construction materials to the designated construction limits. BIO-5. During construction, all equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced Project limits. These designated areas shall be located in previously compacted and disturbed areas, in such a manner to prevent runoff into adjacent areas and shall be shown on the construction plans. Fueling of equipment shall take place on level surfaces and contractor equipment shall be checked daily for leaks prior to operation and repaired as necessary. BIO-6. During construction, the construction work zone shall be kept as clean of debris as possible to avoid attracting predators of native and sensitive wildlife. All food-related trash items shall be enclosed in sealed containers and removed daily from the construction work zone. BIO-7. In order to avoid unnecessary impacts, should any non-listed species be found within the property, they shall be avoided and allowed to leave the Project site on their own volition, or a qualified biologist shall relocate them outside of the Project site. BIO-8. Pets of Project personnel shall not be allowed on the Project site during construction. B10-9. During construction, equipment for immediate cleanup shall be kept at the staging area. This plan shall also include erosion control measures to control surface runoff, erosion, and sedimentation outside of the project footprints. 610-10.A qualified biologist shall monitor construction during clearing, grubbing, and initial excavation activities, as needed. B10-11.The clearance of vegetation and any construction shall occur outside of the nesting season (generally February 1 through September 1). If avoiding the nesting season is not practicable, the following additional measures shall be employed: P.C. Resolution No. 2017-46 Page 13 of 15 A pre-construction nesting survey shall be conducted by a qualified biologist within 3 days prior to the start of construction activities to determine whether active nests are present within or directly adjacent to the construction zone. All nests found shall be recorded. If construction activities must occur within 300 feet of an active nest of any passerine bird or within 500 feet of an active nest of any raptor, with the exception of an emergency, a qualified biologist shall monitor the nest on a weekly basis, and the construction activity shall be postponed until the biologist determines that the nest is no longer active. If the recommended nest avoidance zone is not feasible, the qualified biologist shall determine whether an exception is possible and obtain concurrence from the resource agencies before construction work can resume within the avoidance buffer zone. All work shall cease within the avoidance buffer zone until either agency concurrence is obtained or the biologist determines that the adults and young are no longer reliant on the nest site. CUL-1.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall consult with the South Central Coastal Information Center (SCCIC) regarding any known archaeological sites on or within a half-mile radius of the subject property. CUL-2.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall conduct a Phase 1 archaeological survey of the property for approval by the Director of Community Development. CUL-3.Prior to the commencement of grading, the Applicant shall retain a qualified paleontologist and archeologist to monitor grading and excavation. In the event undetected buried cultural resources are encountered during grading and excavation, work shall be halted or diverted from the resource area and the archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. GEO-1.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit any information required by the City Geologist, including a soils report, and/or a geotechnical report, for the review and approval of the City Geologist. The Applicant shall comply with any requirements imposed by the City Geologist and shall substantially repair the geologic conditions to the satisfaction of the City Geologist. GEO-2.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, a Hold Harmless Agreement, satisfactory to the City Attorney promising to defend, indemnify, and hold the City harmless from any claims or damages resulting from the requested project, shall be submitted to the Director of Community Development for recordation with the Los Angeles County Recorders Office. GEO-3.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit for recordation a covenant, satisfactory to the City Attorney, agreeing to construct the project strictly in accordance with the approved plans; and agreeing to prohibit further projects on the subject site without first filing an application with the Director. Such covenant shall be submitted to the Director of Community Development for recordation with the Los Angeles County Recorders Office. P.C. Resolution No. 2017-46 Page 14 of 15 GEO-4.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall prepare an erosion control plan for the review and approval of the Building Official. The Applicant shall be responsible for continuous and effective implementation of the erosion control plan during project construction. HYD-1.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit for review and approval by the City's Building Official an Erosion Control Plan that shall include BMPs for erosion, sedimentation and run-off control during construction activities to protect the water quality. HYD-2.PRIOR TO BUILDING/GRADING PERMIT ISSUANCE, the Applicant shall submit and obtain approval of a Drainage Plan by the City's Building & Safety Division and the City's Public Works Director. If lot drainage deficiencies are identified by the Public Works Director, all such deficiencies shall be corrected by the Applicant. N-1. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. N-2. The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. N-3. All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated during construction. P.C. Resolution No. 2017-46 Page 15 of 15