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CC RES 2009-016 RESOLUTION NO. 2009-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A GENERAL PLAN AMENDMENT, ZONE CHANGE, ZONE TEXT AMEMENDMENT, CONDITIONAL USE PERMIT, GRADING PERMIT, VARIANCE, AND VESTING TENTATIVE PARCEL MAP (PLANNING CASE NOS. ZON2008-00649 AND SUB2008-00008), IN CONJUNCTION WITH THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION, TO ALLOW THE DEVELOPMENT OF A 34 UNIT AFFORDABLE HOUSING COMPLEX, LOCATED AT THE NORTHWEST CORNER OF CRESTRIDGE ROAD AND CRENSHAW BOULEVARD. WHEREAS, in March of 2000, the Rancho Palos Verdes Redevelopment Agency (Agency) purchased the 19.63 acre Crestridge property with 20% Affordable Housing Set-aside funds with the intent of developing an age-restricted affordable housing complex on the subject property; and WHEREAS, since the purchase of the property, the Agency has been working with various developers towards the implementation of an age-restricted affordable housing project on the subject site, none of which came to fruition. Subsequently, recognizing a need to meet certain mandates towards the expenditure of City and Agency affordable housing funds, the need to meet certain mandates to utilize the property by March 2010, and the City's affordable housing needs as identified in the Rancho Palos Verdes General Plan Housing Element, on September 18, 2007, the City Council directed Staff to move forward with a program that would develop the Agency's Crestridge property; and WHEREAS, after releasing a Request for Qualifications/Request for Proposal (RFQ/RFP) to find a reputable affordable housing developer, and reviewing responses to the RFQ/RFP, on September 16, 2008, the Agency entered into an Exclusive Negotiating Agreement with AMCAL Multi-Housing Inc., who is the project Applicant for the proposed project; and WHEREAS, applications for General Plan Amendment, Zone Change, Zone Text Amendment, Conditional Use Permit, Grading Permit, Variance, Vesting Tentative Parcel Map and Environmental Assessment (Planning Case Nos. ZON2008-00649 and SUB2008-00008) were submitted to the Planning Department by the Applicant, to allow the development of a proposed 40-unit age-restricted affordable housing rental complex on the subject site; 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 and into construction and design o f the project, there is no substantial evidence that the approval of Planning Case Nos. ZON2008-00649 and SUB2008-00008 would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for twenty (20) days between January 6, 2009 and January 26, 2009, 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 January 13, 2009 and February 10, 2009, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at the January 13, 2009 Planning Commission meeting, the Planning Commission directed Staff and the Applicant to further investigate design alternatives to address concerns pertaining to the project; formed a Planning Commission Sub-committee of Commissioners Gerstner, Knight and Tetreault to assist Staff and the Applicant with re-design options; and continued the public hearing to February 10, 2009; and, WHEREAS, on January 27, 2009, the Planning Commission Sub-committee met with the Applicant and Staff to discuss various design alternatives, from which it was recommended that the Applicant prepare two additional site design plans that would be presented to the Planning Commission at their February 10, 2009 meeting; and, WHEREAS, on January 30, 2009, the Applicant submitted Option #1 (40-unit project) and Option #2 (34-unit project) as alternative designs for consideration by Staff and the Planning Commission; and, WHEREAS, at its February 10, 2009, meeting, after hearing public testimony, the Planning Commission made a decision (5-1 with Commissioner Knight dissenting and Commissioner Tetreault Absent) via minute order to recommend that the City Council/Board deny the proposed project as the Commission felt that the proposed age- restricted affordable housing project was inconsistent with the allowable uses found within the Institutional Land Use District; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the City Council held a duly noticed public hearing on March 3, 2009, at which time all interested parties were given the opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: 1119810 Resolution No. 2009-16 Page 2 of 9 Section 1: The proposed project is for a 34-unit age-restricted affordable rental housing complex that includes a Community Building with associated grading, retaining walls, parking and landscaping. Section 2: The Council hereby approves the application for Vesting Tentative Parcel Map No. 070957 to subdivide the 19.63-acre site into two lots; Lot #1 at 2.88 acres (the proposed development parcel) and Lot #2 at 16.75 acres (the proposed open space parcel). Section 3: The Council finds that the request for a General Plan Amendment and Zone Change, which involves adjusting the existing land use boundary between the site's Institutional Land Use designation and the Hazard/Open Space Hazard Area Land Use designation, is warranted since the proposed amendment is internally consistent with the General Plan. The purpose of the Natural Environment/Hazard land use is to restrict development on extreme slopes or unstable areas and not the building pad areas on a property. The geological analysis on the proposed project supports the change in the land use boundary to relocate it to a more appropriate location, which is supported by the geologic analysis. The proposed request is consistent with the goals and policies of the City's General Plan. Section 4: The Council makes the following findings of fact with respect to the application for a conditional use permit to establish the proposed project on the subject property: A. That the site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood; because there are many design aspects of the proposed project that will integrate the proposed use with those on adjacent land and within the surrounding neighborhood, such as: 1) The proposed structure will comply with and substantially exceed all of the required setbacks of the Institutional zoning district. 2) The proposed project was designed to be setback into the existing hillside along the northwest side of the building pad. By tucking the building into the hillside, there will be a reduction in the amount of bulk and mass that would be apparent if the structure were located closer to either Crenshaw Blvd. or Crestridge Road. 3) The subject site will be lowered up to 22' from existing grade to create the proposed building pad and parking area, which will bring the project closer in elevation to the Crestridge Road and Crenshaw Blvd. right of ways, thereby reducing the visual impact when looking towards and upwards at the proposed building. Lowering the site also reduces the height of the existing slopes along both roadways, which will be landscaped as part of the project, and will ensure a relatively small retaining wall (1' to 3' high) along the Crenshaw Blvd. right of way. 1119810 Resolution No. 2009-16 Page 3of9 Furthermore, lowering the site substantially reduces the potential view impacts over the site. 4) The proposed building design is of a residential character, and restricted to two-stories in height. The architectural style of the proposed structure is Mediterranean, which will be consistent with other residential-type structures along Crestridge Road, such as the Belmont Assisted Living Facility and the Canterbury Congregate Care Facility, as well as the residential character of the existing single-family residential neighborhoods to the east and south of the site. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use, as the project Traffic Study, which has been reviewed and approved by the City Traffic Engineer, does not identify any significant traffic impacts or cumulative impacts associated with the project. C. In approving the subject housing project for senior citizens of 62 years of age and older at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof because the proposed project includes the following design features: • Placed the majority of the proposed building towards the large westerly slope, and away from Crenshaw Blvd and Crestridge Road. The proposed structure exceeds all required setbacks. • Reduced the grade of the site by up to 22', thereby lowering it significantly and reducing the number of retaining walls and steep slopes along both roadways. • Will be incorporating landscaping along the slopes and within the project site. • Designed the architectural style of the structure with undulating facades, varying roof planes, balconies and alcoves, stucco trim, metal railings, decorative windows with awnings and shutters, tile roofing material, and stucco finish. • The proposed project will not cause any significant view impacts to surrounding residences due to the grading down of the site to create a lower building pad. • In addition, the operator of the project will be required at all times to comply with the Municipal Code and to prevent any adverse impacts on the public health and safety. D. That the proposed use is not contrary to the general plan because the proposed project is consistent with the goals and policies of the City's General Plan. For example, it is a goal of the Urban Environment Element of the General Plan "to preserve and enhance the community's quality living environment; to enhance the visual character and physical quality of existing neighborhoods; and to encourage the development of housing in a manner which adequately serves the 1119810 Resolution No. 2009-16 Page 4 of 9 needs of all present and future residents of the community." Additionally, it is a policy of the General Plan to "Review the location and site design of future institutional uses very carefully to ensure their compatibility with adjacent sites". Furthermore, it is a Housing Activity Policy of the City's General Plan to "[require] all new housing developed to include suitable and adequate landscaping, open space, and other design amenities to meet the community standards of environmental quality." The proposed project meets this goal and these policies as it provides an aesthetically pleasing project that is compatible with existing land uses and serves the needs of residents within the community. E. That conditions, which the City Council finds to be necessary to protect the health, safety and general welfare, have been imposed. Specifically, as shown in the attached Exhibit A, and briefly described below, the project includes conditions that address • Limitations on the heights of walls and fences; • The placement and type of exterior light fixtures; • Requirements for marking fire lanes and prohibiting parking therein; • Requirements for compliance with the City's attached unit development standards regarding the transmission of sound and vibration through common walls and floors; • Requirements for water-conserving landscaping and irrigation; • Limitations on the height of foliage and trees; and, • Restrictions on the number and types of signage for the project. Section 5: The Council makes the following findings of fact with respect to the application for a grading permit for 27,230 cubic yards of grading related to the development of the proposed condominium project: 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 27,230 cubic yards of total earth movement (cut and fill combined). The existing project site conditions were created with un- compacted fill during the construction of Crestridge Road and Crenshaw Blvd. After considering the amount of re-compaction necessary to create a buildable pad, the true amount of grading involved in the project is much smaller. Furthermore, there will be 14,780 cubic yards of export. The purpose for the proposed export is to lower the site to provide a well-designed project, which will be compatible with the surrounding properties. The proposed design will also allow the 25-foot-tall building to be set lower on the site than could be allowed "by right" without the proposed grading (or with less grading). B. The grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from, neighboring properties. The proposed grading results in a lower structure than would be permitted "by right" 1119810 Resolution No. 2009-16 Page 5 of 9 without the proposed grading. Furthermore, while there is some fill under the building footprint of the far northern units, the proposed project will not significantly affect the visual relationships with, nor the views from neighboring properties. C. The nature of the grading minimizes disturbance to the natural contours, and finished contours are reasonably natural. Specifically, the existing site topography is generally flat or slightly sloping in the area where the proposed structure and parking areas are located. There are existing down-slopes to Crestridge Road, Crenshaw Blvd. and Indian Peak Road, while there exists an existing up-slope to the property located adjacent and to the west of the subject site. Many of these slopes are not natural as they were created when the surrounding roadways were constructed. The proposed grading would generally lower the flatter area of the existing grade of the property. Slopes to the roadways and to the property west of the site will still remain, although smaller in height. D. 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. Specifically, while most of the topographic features appear to be man-made as a result of the construction of surrounding roadways, and not of a natural topographic feature, the proposed project still considers the topographic features and appearances of the existing site by creating new slopes that are similar to the existing slopes. E. The grading would not cause excessive and unnecessary disturbance of natural landscape or wildlife habitat through removal of vegetation. Specifically, a Biological Survey of the site has indicated that the site is bounded by patches of coastal sage scrub (CSS) in four locations totaling 2.80 acres. Of the 2.80 acres, approximately 0.44 acre will be impacted by the proposed project. The 0.44 acres of CSS within the project limits occur in two patches along the northern and southern boundaries of the site. These patches are small and fragmented. Additionally, past surveys have shown that there is a male and female California gnatcatcher within the CSS northeast of the project impact area, along Indian Peak Road. However, this area will be protected as part of the NCCP Preserve and therefore will not be impacted by the proposed project. To mitigate for the loss of CSS, in addition to the dedication of property (16.75 acre Parcel 2) into the City's NCCP Preserve, the Mitigated Negative Declaration includes appropriate mitigation measures that will mitigate construction impacts to an insignificant level. F. The proposed project is consistent with the grading criteria found within Municipal Code Section 17.76.040(E) pertaining to downslope retaining walls and driveways, as described in the staff report that was presented to the City Council, which is incorporated herein by this reference. 1119810 Resolution No. 2009-16 Page 6 of 9 G. The proposed project is inconsistent with the grading criteria within Municipal Code Section 17.76.040(E)(9) pertaining to grading on slopes over 35% steepness, maximum finished slopes, maximum depth of cut or fill, upslope retaining wall heights, and restricted grading areas. However, a deviation from the criteria regarding grading on slopes greater than 35% is hereby approved because the grading will not threaten the public health, safety and welfare, since development of the subject site will require City Geologist approval and building permits that will ensure that the proposed project will not threaten public health, safety and welfare. Furthermore, a deviation to the criteria regarding height of cut and fill is hereby approved because unusual topography, soil conditions, previous grading or other circumstances make such grading reasonable and necessary. Specifically, the proposed remediation to address un-compacted fill on the site, and grading down of the site to provide better views and a better visual representation of the project and consistency with the surrounding areas are circumstances that warrant approval of the increased depth of cut and fill. In regards to a deviation in the grading criteria regarding maximum finished slopes, upslope retaining wall heights, and restricted grading areas, the Council finds that: a. The criteria of subsection (E)(1) through (E)(8) of this section are satisfied as noted in A through E above. b. The approval is consistent with the purposes set forth in subsection A of this section because the proposed project is consistent with the purpose of the Grading Permit, which is 1) to permit reasonable development of land, 2) ensure the maximum preservation of natural scenic character of the area consistent with reasonable economic use of the property, 3) ensure that the development of land occurs in a manner that is harmonious with adjacent lands, and 4) ensure that the project is consistent with the General Plan. Specifically, the proposed project will involve site remediation to address un-compacted fill. This effort would be required for any development on the project site. Additionally, the project will lower the site while maintaining a similar topographic configuration of a flatter area with slopes, thereby helping to preserve views over the site and not cause visual impacts, which will develop the site in a manner harmonious with adjacent lands. In doing so the project permits the reasonable development of land while maintaining the natural scenic character. c. Departure from the standards in subsection (E)(9) of this section will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity because the proposed project site requires a significant amount of remediation to re-compact existing fill 1119810 Resolution No. 2009-16 Page 7of9 material. Additionally, lowering the site will ensure less than significant view and visual impacts. Development proposals on large vacant parcels with these types of actions are consistent with prior actions on other Institutional uses along Crestridge Road, namely the Belmont Assisted Living Facility project wherein that site was also lowered substantially for the same purposes. Departure from the standards of subsection (E)(9) of this section will not be detrimental to the public safety nor to other properties, because a geological report for this project has been submitted to and approved by the City geologist. Section 6: The Council makes the following findings of fact with respect to the application for a Variance to permit 3 parking spaces within the front yard setback: A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district. Specifically, while the proposed project site is quite large, it is limited in developable area by a significant amount of slopes and undulating topography. Additionally, based upon the high visibility of the project site, it is more advantageous to lower the site to preserve views and the visual character of the surrounding area. The existing topography and need to lower the site limits the developable area of the site. These are exceptional circumstances that are applicable to the property involved, which generally do not apply to other property in the same zoning district, which tend to have larger developable areas. B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district. Specifically, there are other Institutional zoned properties that are developed along Crestridge Road that also have parking spaces located within the front yard setback. These include the Art Center, the Peninsula Community Church, and the Congregation Ner Tamid Temple. C. Granting the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located. Specifically, since the location of parking spaces will be similar to other uses along Crestridge Road, including the Art Center, which is located directly across the street from the subject site, the variance will be materially detrimental to the public welfare or injurious to property and improvements in the area. Additionally, to ensure that the proposed parking spaces do not cause any significant visual impacts, a condition of approval requiring the planting of a maximum height 42" hedge to shield the visibility of vehicles that may be parked in these spaces has been added to the project. 1119810 Resolution No. 2009-16 Page 8 of 9 D. Granting the variance will not be contrary to the objectives of the General Plan. Specifically, the proposed project as a whole is consistent with the City's General Plan. The requested variance involves only a relatively small portion of the project site, and therefore this particular deviation does not affect the project's consistency with the General Plan. Section 7: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 8: For the forgoing reasons, and based on information and findings contained in the public record, including staff reports, minutes, records of proceedings, and evidence presented at the public hearings, the City Council hereby approves the General Plan Amendment, Conditional Use Permit, Grading Permit, Variance, Tentative Parcel Map and Environmental Assessment (Planning Case Nos. ZON2008-00649 and SUB2008-00008), in conjunction with the adoption of a Mitigated Negative Declaration, to allow a 34-unit age-restricted affordable housing complex located at the northwest corner of Crestridge Road and Crenshaw Boulevard, subject to the recommended conditions of approval in the attached Exhibit `A'. PASSED, APPROVED, and ADOPTED this 3rd day of March 2009. - - —Mayor Attest: e44 City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2009-16 was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 3, 2009. 4AeL—%fit-ei&(-- City Clerk 1119810 Resolution No. 2009-16 Page 9of9 EXHIBIT `A' RESOLUTION NO. 2009-16 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT, GRADING PERMIT, VARIANCE, AND TENTATIVE PARCEL MAP (PLANNING CASE NOS. ZON2008-00649 AND SUB2008-00008) 34-unit Affordable Housing Complex, NW corner of Crestridge Rd. and Crenshaw Blvd. General A. This approval is for a 34-unit, age-restricted affordable housing complex as approved by the City Council and Redevelopment Agency Board on March 3, 2009. Thirty-three (33) of the units shall be made affordable to "Extremely Low", "Very Low", "Low" and/or "Moderate" Income persons. The remaining one (1) unit shall be reserved for a manager and shall not be income restricted. At a minimum, of the 33 income restricted units, there shall be seven (7) "Extremely Low Income", nine (9) "Very Low Income", and nine (9) "Low Income" qualified units. The remainder of the units may consist of "Extremely Low", "Very Low", "Low" or "Moderate" income qualified units. The residents of all of the units, with exception of the manager's unit, shall be age-restricted to persons of age 62 years of age and older. 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 vesting tentative parcel map by the City Council, unless extended per the Subdivision Map Act and Municipal Code. Any request for extension shall be submitted to the Planning Department in writing prior to the expiration of the map. 4. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM, Monday through Saturday, with no construction activity is permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code without a special construction permit. [Mitigation Measure NOI-1] 5. Unless specific development standards for the development of the property 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. Vesting Tentative Parcel Map No. 070957 6. The proposed project approval permits the subdivision of the existing 19.63 acre subject parcel into two separate parcels as shown on Vesting Tentative Parcel Map No. 070957, approved by the Council/Board on March 3, 2009. Parcel #1 shall be the developable parcel at 2.88 acres in size. Parcel #2 shall remain as an Open Space parcel to be dedicated to the City as part of the City's NCCP Preserve. Parcel #2 shall be 16.75 acres in size. Prior to submitting the Final Map for recordation, 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. Public Works and City Engineer Conditions 7. Per the City Engineer, subject to review and approval by the Director of Public Works, prior to final certificate of use and occupancy, the following items shall be addressed: • Sidewalk must be constructed on Crestridge Road that provides for a total sidewalk width of 6' from Face of Curb to Back of Sidewalk (to match existing conditions on both Crestridge Road and Crenshaw Boulevard). • Relocate electrical facilities along Crestridge Road to provide for 4' clear sidewalk access to match other updated facilities. • Provide for ADA compliant access across the top of the proposed site entry driveway on Crestridge Road. • Provide for a satisfactory ADA surface on the ramp located at the northerly curb return of Crestridge Road and Crenshaw Blvd. • Indicate the ADA path of travel from Crestridge Rd. throughout the interior of the site. • Provide for slough walls along the right of way line for Crestridge Road and Crenshaw Blvd. wherever the slope exceeds 6 feet of height and the setback from the toe of slope to the back of sidewalk is less than 3 feet. • Subject to review and approval by the Director of Public Works, revise the typical Street sections to indicate crack filling and slurry sealing throughout the Parcel 1 project frontage along Crestridge Road from edge of gutter to edge of gutter, both sides of the street, and on Crenshaw Blvd, from the edge of gutter to the face of the raised median. 1119810 Resolution No. 2009-16 Exhibit A Page 2 of 14 • Subject to review and approval by the Director of Public Works, provide new street striping to replace the existing street striping disturbed by the street resurfacing. 8. Per the Department of Public Works and subject to approval by the Director of Public Works, the Applicant shall ensure the following: • No above ground utilities permitted in the Public Right of Way. • All utilities must be outside of the driveway approach (minimum 2 feet away from driving edge). • Only cement concrete or asphalt concrete surface are allowed in the ROW. • The engineer shall provide a longitudinal profile of the driveway approach and driveway centerline depicting vertical curves and slopes. • Driveway approach slope and details needs to comply with APWA STD PLAN 110-0 and other applicable drawings. • Prior to the issuance of a grading permit, a complete hydrology and hydraulic study (include off-site areas affecting the development) shall be prepared by a qualified civil engineer and approved by the City Engineer. The report shall include detail drainage conveyance system including applicable swales, channels, street flows, catch basins, and storm drains which will allow building pads to be safe from inundation by rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood. • It is the property owners responsibility to maintain landscaping in the right of way and keep it in a safe condition • Any cuts are made in to existing asphalt the subject roadway shall be overlaid full width of the Roadways. • All damaged curb and Gutter, sidewalk, and asphalt in front of the proposed property must be removed and replaced • All ADA improvements shall be completed by the developer in the ROW • Catch Basin shall have "NO Dumping-Drain to Ocean" painted on them in the ROW and on the property • Filtering and Water Quality device shall be installed in all storm drain inlets • Plans shall provide Best Management Practices (BMP's) and Water Quality Management Plan (WQMP) • Plans shall provide Sewer connection information, and shall be approved by LA County Public Works Department prior to approval by the City of Rancho Palos Verdes • Plans shall provide clear sight triangle at driveway per Cal Trans' standards. Cultural Resources 1119810 Resolution No. 2009-16 Exhibit A Page 3 of 14 9. Prior to the issuance of a grading permit, the applicant shall conduct a Phase 1 archaeological survey of the property. The survey results shall be provided to the Director of Planning, Building and Code Enforcement for review prior to grading permit issuance. [Mitigation Measure CUL-1] 10. Prior to the commencement of grading, the applicant shall retain a qualified paleontologist and archeologist to monitor grading and excavation. In the event undetected buried cultural resources are encountered during grading and excavation, work shall be halted or diverted from the resource area and the archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. [Mitigation Measure CUL-2] 11. Prior to the commencement of grading, the applicant shall contact the Gabrielino Tongva Nation to ensure that a representative from the Gabrielino Tongva Nation has access to the site to monitor the site during grading operations. Utilities 12. Prior to submittal of plans into building division plan check, the applicant shall provide evidence of confirmation from the applicable service providers that provide water, wastewater treatment and solid waste disposal, that current water supplies are adequate to serve the proposed project (Mitigation Measure UTL-1) 13. Prior to building permit issuance, the applicant shall ensure that construction plans and specifications for the project includes 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; and, install one-and-one-half gallon, ultra-low flush toilets. (Mitigation Measure UTL-2) 14. Prior to building permit issuance, the applicant shall submit landscape and irrigation plans for the common open space areas for the review and approval of the Director of Planning, Building and Code Enforcement. Said plans shall incorporate, at a minimum, the following water-conservation measures: Extensive use of native plant materials; Low water-demand plants; Minimum use of lawn or, when used, installation of warm season grasses; Grouped plants of similar water demand to reduce over-irrigation of low water demand plants; Extensive use of mulch in all landscaped areas to improve the soil's water-holding capacity; Drip irrigation, soil moisture sensors, and automatic irrigation systems; Use of reclaimed wastewater, stored rainwater or grey water for irrigation. (Mitigation Measure UTL-3) 1119810 Resolution No. 2009-16 Exhibit A Page 4 of 14 15. Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate firefighting water and access available to said structures. 16. All utilities to and on the property shall be provided underground, including cable television, telephone, electrical, gas and water. All necessary permits shall be obtained for their installation. Cable television shall connect to the nearest trunk line at the developer's expense. Drainage 17. 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. 18. Site surface drainage measures included in the project's geology and soils report shall be implemented by the project developer during project construction. 19. 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. 20. 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. 21. Appropriate Best Management Practices (BMPs), including sandbags, shall be used to help control runoff from the project site during project construction activities. 22. 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. 1119810 Resolution No. 2009-16 Exhibit A Page 5 of 14 23. Prior to issuance of any permits, the City's NPDES consultant shall review and approve the project to ensure that the project will comply with all applicable requirements for the control and treatment of erosion and run-off from the project site. (Mitigation Measure WQ-1) Streets 24. Prior to recordation of the final tract map, the applicant shall post a bond or other security acceptable to the Director of Public Works for any approved improvements within the public right-of-way of Crestridge Road or Crenshaw Blvd. 25. 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 project. Prior to issuance of grading permits, the developer shall post a bond, cash deposit or City approved security, in an amount determined by the Director of Public Works to be sufficient to cover the costs to repair any damage to streets or appurtenant structures as a result of this development. 26. Prior to building permit final, the applicant shall be responsible for contributing the project's fair share of the cost of the recommended improvements at Crenshaw Blvd and Crest Road (estimated at up to 0.41%) to the City of Rancho Palos Verdes (Mitigation Measure TRA-1). 27. Prior to grading permit issuance, the applicant shall obtain approval of a haul route from the Director of Public Works. The applicant shall ensure that loaded trucks are appropriately covered to prevent soil from spilling on the roadway along the haul route. (Mitigation Measure TRA-2) 28. Prior to issuance of Certificate of Occupancy, and subject to review and approval by the Director of Public Works, the Applicant shall be responsible for installing 1) a "STOP" sign and stop bar at the project driveway, and 2) appropriate signage restricting access to the site during the AM peak period (7:00 AM to 9:00 AM) and PM peak period (4:00 PM to 6:00 PM) to left-turn in/right-turn in and right- turn out only movements. (Mitigation Measure TRA-3) Subject to review and approval by the Director of Public Works and the Sherriff's Department, the text of said sign shall be worded in such a way and the location of said sign shall be placed in such a way that the sign will be enforceable by the Sherriff's Department. 1119810 Resolution No. 2009-16 Exhibit A Page 6 of 14 Geology 29. Prior to the issuance of a building permit by the City's Building Official, the applicant shall obtain final approval of the grading and construction plans from the City's geotechnical consultant. This review shall include analysis of any potential impacts resulting from the former landslide condition on the subject property. The applicant shall be responsible for the preparation and submittal of all soil engineering and/or geology reports required by the City's geotechnical consultant in order to grant such final approval. (Mitigation Measure GEO-1) 30. 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. 31. 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). 32. 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. Survey Monumentation, 33. 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. 34. 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. 35. All lot corners shall be referenced with permanent survey markers in accordance with the City's Municipal Code. 36. All corners shall be referenced with permanent survey markers in accordance with the Subdivision Map Act. Unit Numbering, 37. Any unit numbering by the developer must be approved by the City Engineer. 1119810 Resolution No. 2009-16 Exhibit A Page 7 of 14 Grading 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 the costs of grading in an amount to be determined by the City Engineer. 39. 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 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. 40. Approval of the project shall allow a total of 27,230 cubic yards of earth movement, consisting of 21,005 cubic yards of cut and 6,225 cubic yards of fill, of which 14,780 cubic yards will be exported from the site. Any revisions that result in a substantial increase to the aforementioned grading quantities shall be reviewed and approved by the City Council as a revision to the grading application. 41. The construction of four retaining walls shall be permitted as part of the proposed project. These include: 1) up to 16.5' high wall along the westerly side yard behind the proposed structure, 2) up to 5' high wall along Crestridge Road, 3) up to 3' high wall along Crenshaw Blvd., and 4) up to 5' high wall between the subject site and the neighboring pre-school site. Subject to review and approval by the Director of Planning, Building and Code Enforcement, and prior to issuance of any permits, the Applicant shall provide a landscape plan and/or other plan showing how the retaining walls will be aesthetically screened by use of landscaping and wall materials that are aesthetically pleasing. 42. 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. 43. 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 1119810 Resolution No. 2009-16 Exhibit A Page 8 of 14 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. 44. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code". 45. Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building and Code Enforcement that dust generated by grading activities shall comply with the South Coast Air Quality Management District Rule 403 and the City Municipal Code requirements that require regular watering for the control of dust. [Mitigation Measure AIR-1] 46. During construction, 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. [Mitigation Measure AIR-2] 47. Construction equipment shall be kept in proper operating condition, including proper engine tuning and exhaust control systems. [Mitigation Measure AIR-3] 48. Trucks and other construction vehicles shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in Section 17.56.020(B) of the Rancho Palos Verdes Municipal Code. [Mitigation Measure AIR-4] 49. The project shall utilize construction equipment equipped with standard noise insulating features during construction to reduce source noise levels. [Mitigation Measure NOI-2] 50. All project construction equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts is generated. [Mitigation Measure NOI-3] 51. Haul routes used to transport soil exported from the project site shall be approved by the Director of Public Works to minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. [Mitigation Measure NOI-4] Public Services 1119810 Resolution No. 2009-16 Exhibit A Page 9 of 14 52. The project proponent will coordinate with the County of Los Angeles Fire Department to determine any appropriate mitigation to address any special site design considerations that would minimize fire hazards. The driveway to be constructed as part of this project shall be constructed to Fire Department standards. Common Area Improvements 53. Prior to building permit issuance, the applicant shall submit a site landscape plan for the review and approval of the Director of Planning, Building and Code Enforcement. Such plan shall ensure that proposed landscaping will not result in significant view impairment from the viewing area of another property as defined in Section 17.02.040 of the Rancho Palos Verdes Municipal Code [Mitigation Measure AES-1] 54. In addition to condition #53, on the landscape plan, subject to review and approval by the Director of Planning, Building and Code Enforcement, the Applicant shall show how the parking area will be screened with a maximum height 42" high hedge and/or other landscaping located along the slopes parallel to the adjacent roadways. Additionally, subject to review and approval by the Director of Planning, Building and Code Enforcement, the landscape plan shall also provide for landscaping adjacent to the proposed structure in an effort to reduce the massing of the proposed building. 55. Common area landscaping shall be maintained so as not to result in significant view impairment from the viewing area of another property, as defined in Section 17.02.040 of the Rancho Palos Verdes Municipal Code. [Mitigation Measure AES-2] 56. Any temporary or permanent project signage shall require the approval of a sign permit by the Director of Planning, Building and Code Enforcement, and shall be consistent with the provisions of Section 17.76.050(E)(2). 57. Prior to building permit issuance, the applicant shall submit a site lighting plan for the review and approval of the Director of Planning, Building and Code Enforcement. The plans shall demonstrate that lighting fixtures on the building and grounds shall be designed and installed so as to contain light on the subject property and not spill over onto adjacent private properties or public rights-of- way. [Mitigation Measure AES-3] 1119810 Resolution No. 2009-16 Exhibit A Page 10 of 14 58. Exterior lighting fixtures on the grounds and in the parking lot shall not exceed ten feet in height. [Mitigation Measure AES-4] 59. Exterior lighting fixtures on private balconies and common exterior walkways shall be energy-efficient fixtures, such as compact fluorescents. Said fixtures shall be equipped with light sensors so that they will only be illuminated during hours of darkness. [Mitigation Measure AES-5] 60. No internally-illuminated signage may be used on the project site. [Mitigation Measure AES-6] 61. All proposed lighting shall be shielded so that it is down-cast and does not create any direct illumination impacts to off-site properties. 62. Within 3-months following Certificate of Use and Occupancy, an inspection shall be made by the Director of Planning, Building and Code Enforcement to ensure that there are no significant lighting impacts. If any significant lighting impacts are identified, then the owner shall be responsible for reducing said impacts to an insignificant level. Further, on site lighting shall be maintained in a manner so as not to cause any significant impacts for the life of the project. 63. Subject to review and approval by the Director of Public Works, vegetation, walls or other site improvements located on each side of the driveway shall be limited to no more than thirty inches (30") in height so as to preserve sight distance. 64. The approved landscape plan shall include a pesticide management plan to control the introduction of pesticides into site runoff. Development Standards 65. The Final Map shall be in conformance with the lot size and configuration shown on the Vesting Tentative Parcel Map. 66. The approved structure shall maintain minimum setbacks of twenty-five feet (25'- 0") front and street side setbacks, and twenty (20'-0") side and rear setbacks. 67. Driveway slopes shall conform to the maximum 20-percent standard set forth in the Development Code. 68. The private driveway and parking areas shall meet Fire Department standards, including any painting or stenciling of curbs denoting its existence as a Fire Lane and turn-arounds. 1119810 Resolution No. 2009-16 Exhibit A Page 11 of 14 69. 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, which is the Option #2 Site Plan presented to the City Council/Board on March 3, 2009. Prior to submittal of plans into building department plan check, the Applicant shall be responsible for preparing elevation drawings of the building that are consistent with the architectural style of the Original 40-unit design presented to the City Council/Board at their March 3, 2009 meeting. Furthermore, revised Grading Plans, Vesting Tentative Parcel Map and any other plans shall be submitted that represent the site design of Option #2 as approved by the City Council/Board. 70. The maximum building shall be 1121'.0. BUILDING HEIGHT CERTIFICATION REQUIRED, prior to roof sheathing inspection. 71. The approved project shall consist of thirty-one (31) 1-bedroom units and three (3) 2-bedroom units, for a total of forty (34) dwelling units. 72. The approved project shall provide and maintain 48 off-street parking spaces, consisting of 38 assigned resident spaces and 10 assigned guest spaces. 73. Chimneys, vents and other similar features may only exceed the height of the building by the minimum height necessary to comply with Building Code requirements. 74. The following attached unit development standards from Chapter 17.06 of the Rancho Palos Verdes Development Code shall apply to all units in the building: a. No plumbing fixture or other such permanent device which generates noise or vibration shall be attached to a common wall adjacent to a living room, family room, dining room, den or bedroom of an adjoining unit. All plumbing fixtures or similar devices shall be located on exterior walls, on interior walls within the unit or on common walls, if adjacent to a similar fixture or device. b. All water supply lines within common walls and/or floors/ceilings shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the city's building official. In multistory residential structures, all vertical drainage pipes shall be surrounded by three-quarter-inch thick dense insulation board or full thick fiberglass or wool blanket insulation for their entire length, excluding the sections that pass through wood or metal framing. The building official 1119810 Resolution No. 2009-16 Exhibit A Page 12 of 14 may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated. c. All common wall assemblies which separate attached single-family units shall be of a cavity-type construction. d. All common wall assemblies which separate all other attached dwelling units (multiple-family condominiums, stock cooperatives, community apartment houses) or a dwelling unit and a public or quasi-public space shall be of a staggered-stud construction. e. All common wall assemblies which separate dwelling units from each other or from public or quasi-public spaces (interior corridors, laundry rooms, recreation rooms and garages) shall be constructed with a minimum rating of fifty-five STC (sound transmission class). f. All common floor/ceiling assemblies which separate dwelling units from each other or from public or quasi-public spaces (interior corridors, laundry rooms, recreation rooms and garages) shall be constructed with a minimum rating of fifty STC (sound transmission class) and a minimum rating of fifty-five IIC (impact insulation class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another insulation. g. STC and IIC ratings shall be based on the result of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM number 90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant shall either furnish the city's building official with data based upon tests performed by a recognized and approved testing laboratory, or furnish the building official with verified manufacturer's data on the ratings of the various wall and floor/ceiling assemblies utilized. 75. Fences and walls located within the 25-foot front-yard setback area shall not exceed forty-two inches (42") in height, with the exception of the intersection visibility triangle at the driveway, where they shall not exceed thirty inches (30") in height as measured from the curb elevation at Highridge Road. Fences and walls located elsewhere on the property shall not exceed six feet (6'-0") in height as measured from the grade on the high side and eight feet (8'-0") in height as measured from grade on the low side. This condition does not apply to all approved retaining walls. Prior to the installation of any fences and walls, the Applicant shall obtain approval of a fence and wall plan by the Director of Planning, Building and Code Enforcement. 1119810 Resolution No. 2009-16 Exhibit A Page 13 of 14 76. With the exception of solar panels, roof-mounted mechanical equipment is not permitted. Mechanical equipment may encroach upon the rear- and side-yard setback areas, provided that such equipment does not generate noise levels in excess of 65 dBA at the property line. Biology: 77. All native breeding birds, (except game birds during hunting season) regardless of their listing status, are protected under the Migratory Bird Treaty Act (1918). Pursuant to Section 6.2.2 of the RPV NCCP Subarea Plan: "All construction site vegetation clearing will be conducted during the non-breeding season (September 1 to February 15) to avoid destruction of active bird nests. If vegetation clearing must be conducted during the bird breeding season, a nest survey must be conducted and a 15 meter (50 feet) exclusion zone is placed around all active nests (i.e., active nests with eggs or chicks) until the nest becomes inactive". If brush clearing must occur during the breeding season (between February 16th and August 31st) and an active California gnatcatcher nest is identified within 100 feet of the vegetation clearing zone, then brush clearing shall be delayed within 100 feet of the next until the nest becomes inactive. (Mitigation Measure BIO-2) Mitigation Measures: 78. The development shall comply with all mitigation measures of the adopted Mitigated Negative Declaration. Where more restrictive language appears in these conditions of approval, the more restrictive language shall control. 79. All costs associated with implementation of the Mitigation Monitoring Program shall be the responsibility of the Developer, and/or any successors in interest. 1119810 Resolution No. 2009-16 Exhibit A Page 14 of 14