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CC RES 2008-101 RESOLUTION NO. 2008-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PLANNING CASE NOS. SUB2007-00003 AND ZON2007-00072 (VESTING TENTATIVE TRACT MAP NO. 68796, GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, GRADING PERMIT AND DENSITY BONUS) FOR A NEW 28-UNIT RESIDENTIAL CONDOMINIUM PROJECT, LOCATED AT 28220 H I G H RI DG E ROAD. WHEREAS, on February 14, 2007, applications for Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change, Conditional Use Permit, Grading Permit, Variance, Site Plan Review and Environmental Assessment (Planning Case Nos. SUB2007-00003 and ZON2007-00072)were submitted to the Planning Department by the applicant, REC Development, Inc., to allow the development of a 27-unit residential condominium project on a 1.25-acre site on Highridge Road; and, WHEREAS, on December 7, 2007, the applications for Planning Case Nos. SUB2007-00003 and ZON2007-00072 were deemed complete by Staff; 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 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 City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Planning Case Nos. SUB2007-00003 and ZON2007-00072 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 March 19, 2008 and April 8, 2008, 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 April 8, 2008, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at the April 8, 2008, Planning Commission meeting, the Planning Commission directed Staff and the applicant to further investigate design alternatives to address concerns pertaining to portions of the project exceeding the 36-foot height limit; the proposed left-turn pocket in the median of Highridge Road; site landscaping; view impacts to homes on Via La Cima; feasibility of additional grading; Planning Commission discretion with respect to the conditional use permit findings; and adequacy of the traffic impact analysis; and continued the public hearing to May 13, 2008; and, WHEREAS, on May 7, 2008, the applicant submitted revised project plans that eliminated the proposed roof-access stair tower in excess of the 36-foot-height limit, thereby eliminating the Site Plan Review component of the proposed project; and, WHEREAS, at the May 13, 2008, Planning Commission meeting, the Planning Commission directed the applicant to further explore design alternatives and additional grading to reduce view impacts to residences on Via La Cima; and asked for additional information regarding the applicant's cumulative traffic impact analysis; and continued the public hearing to June 24, 2008; and, WHEREAS, on June 10, 2008, the applicant submitted revised project plans that reduced the maximum height of the project by twelve feet six inches (12'-6") and relocated the entry to the subterranean garage, thereby eliminating the Variance component of the proposed project; and, WHEREAS, on June 18, 2008, the applicant requested a Density Bonus of one (1) additional market-rate unit, for a total of twenty-eight (28) units, pursuant to City and State density bonus law; and, WHEREAS, at the June 24, 2008, Planning Commission meeting, the Planning Commission directed that Staff revise and recirculate the Mitigated Negative Declaration to reflect the new project description; directed the applicant to further explore the feasibility of modifying the site plan to reduce view impacts on 7 Via La Cima; directed Staff to more fully analyze and respond to the applicant's request for a density bonus; and asked for additional information regarding the revised traffic impact analysis for the 28-unit project; and continued the public hearing to July 22, 2008; 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 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 City of Rancho Palos Verdes revised the Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Planning Case Nos. SUB2007-00003 and ZON2007-00072 as revised would result in a significant adverse effect on the environment. Accordingly, a Revised Draft Mitigated Negative Declaration was prepared and circulated for public review for twenty (20) days between July 2, 2008 and July 22, 2008, and notice of that fact was given in the manner required by law; and, WHEREAS, at the July 22, 2008, Planning Commission meeting, the Planning Commission directed Staff to prepare appropriate P.C. Resolutions to recommend certification of the Mitigated Negative Declaration and conditional approval of the proposed project to the City Council; and; Resolution No. 2008-101 Page 2 of 5 WHEREAS, on August 12, 2008, the Planning Commission adopted P.C. Resolution No. 2008-26, thereby recommending that the City Council certify the Mitigated Negative Declaration for the proposed project; 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 September 16, 2008, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, on September 16, 2008, the City Council considered the Planning Commission's recommendation; directed the applicant to re-design the project further by moving the 2nd-floor Unit `K' at the front of the building to the roof of the building at the rear in order to attempt to address significant view impacts upon the residence at 7 Via La Cima; and continued the public hearing to October 21, 2008; and, WHEREAS, on October 21, 2008, the City Council considered the modified project and found that it did not significantly reduce view impacts upon the residence at 7 Via La Cima, and exacerbated view impacts upon other residences in the La Cima community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence before the City Council prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that, with appropriate mitigation measures, the approval of Planning Case Nos. SUB2007-00003 and ZON2007-00072 (Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change, Conditional Use Permit, Grading Permit and Density Bonus), would result in a significant adverse effect upon the environment. Section 2: Planning Case Nos. SUB2007-00003 and ZON2007-00072 for Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change, Conditional Use Permit, Grading Permit and Density Bonus are consistent with the Rancho Palos Verdes General Plan and with the underlying Residential, 12-22 DU/acre land use designation, which will not be changed as a result of the approval of the proposed project. Section 3: There are no sensitive natural habitat areas on the subject site. Thus, no site disturbance or alteration will result from the approval of Planning Case Nos. SUB2007-00003 and ZON2007-00072 for a Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change, Conditional Use Permit, Grading Permit and Density Bonus; and therefore, the project will have no individual or cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and Game Code. Resolution No. 2008-101 Page 3of5 Section 4: With the appropriate mitigation measures, which require annexation and re-zoning of a small portion of the project site that is currently located in Rolling Hills Estates; completion of geotechnical analysis of the proposed grading and construction prior to building permit issuance; imposition of City and regional restrictions upon fugitive dust control and construction vehicle emissions; mitigation of traffic impacts through modifications to the intersection of Highridge Road and Hawthorne Boulevard; remediation of any soil contamination or hazardous materials on the project site; limitations on construction hours and haul routes; provision of adequate water supply and implementation of water-conserving fixtures; modifications to the building design and limitations upon exterior lighting, landscaping and signage; protection of cultural resources; and provision of adequate public recreational facilities, the proposed project will not have a significant impact on the environment. Section 5: The applicant's proposal originally included a left-turn pocket and a break in the median of Highridge Road to provide access to the site for southbound traffic. Although the left-turn itself pocket was not required as a traffic mitigation measure, the Mitigated Negative Declaration included City Engineer-recommended design criteria for the left-turn pocket as mitigation measures (i.e., Mitigation Measures TRA-4 and TRA-5). By eliminating the proposed left-turn pocket, the City Council also has eliminated the need for the two (2) mitigation measures related to the design of the median break and left-turn pocket. Because the left-turn pocket was not required to mitigate the traffic impacts resulting from the project, the elimination of the left-turn pocket and the design criteria that were set forth in Mitigation Measures TRA-4 and TRA-5 does not result in significant, adverse effects upon the environment that were not previously assessed in the Mitigated Negative Declaration or that warrant mitigation under CEQA. Section 6: Based upon the foregoing findings, the adoption of the proposed Mitigated Negative Declaration is in the public interest. 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 and other applicable short periods of limitation. Section 8: For the foregoing reasons and based on the information and findings included in the Staff Report, Environmental Assessment and other components of the legislative record, in the proposed Mitigated Negative Declaration, and in the public comments received by the City Council, the City Council of the City of Rancho Palos Verdes hereby certifies that the Mitigated Negative Declaration has been prepared in compliance with CEQA and adopts the attached Mitigation Monitoring Program (Exhibit'A') associated with Planning Case Nos. SUB2007-00003 and ZON2007-00072 for Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change, Conditional Use Permit, Grading Permit and Density Bonus, thereby recommending approval of a 28-unit residential condominium project, located at 28220 Highridge Road. Resolution No. 2008-101 Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 21St d of ober 2 8. Mai or Attest: CA 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. 2008-101 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 21, 2008. City Clerk Resolution No. 2008-101 Page 5 of 5 Exhibit 'A' Mitigation Monitoring Program Project: Case Nos. SUB2007-00003&ZON2007-00072(Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change, Conditional Use Permit, Grading Permit, Density Bonus & Environmental Assessment) Location: 28220 Highridge Road (APN 7587-007-800, -801, -802 and -803) Rancho Palos Verdes, CA 90275 Applicant: Dan Withee, Withee Malcolm Architects Landowner: Zaffar Hassanally, REC Development TABLE OF CONTENTS I. Introduction ...........................................................................................................................................2 II. Management of the Mitigation Monitoring Program .............................................................................3 Rolesand Responsibilities ...................................................................................................................3 Mitigation and Monitoring Program Procedures................................................................................... 3 Mitigation Monitoring Operations..........................................................................................................3 III. Mitigation Monitoring Program Checklist..............................................................................................4 IV. Mitigation Monitoring Summary Table..................................................................................................5 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP), is to allow the following project at the former Verizon telephone equipment facility, located at 28220 Highridge Road in the City of Rancho Palos Verdes: The applicant proposes to develop a 28-unit residential condominium complex on a 54,460-square-foot (1.250-acre) site on Highridge Road. This equates to a density of 22.4 units per acre or one (1) unit for every 1,945 square feet of lot area, which is not consistent with the current Residential Multi-Family, 22 DU/acre(RM-22)zoning designation for the site. However, the applicant has requested a density bonus of one (1) unit pursuant to State law and Chapter 17.11 of the Rancho Palos Verdes Municipal Code. Existing site improvements—consisting of a former telephone equipment building, antenna tower,access driveway and perimeter fencing—would be removed. The condominium units would range from one (1) to three (3) bedrooms and from 776 square feet to 2,260 square feet in size, with both single-level and townhouse-style units. Each unit would have private balconies and dedicated private storage areas in the subterranean garage. According to the City's affordable housing requirements, at least two (2) units would be designated for sale to very-low-income households. Sixty-seven (67) off-street parking spaces for residents and their guests would be provided, which is the minimum number required by the City's Development Code. A common swimming pool, spa and sun deck would be located on the lowest level at the rear of the building. The 26-to 36-foot-tall project would comply with the 36-foot height limit established for the RM-22 zoning district. The project proposes 22,111 cubic yards of grading, consisting of 21,847 cubic yards of cut and 264 cubic yards of fill, for a net export of 21,583 cubic yards. If the project is approved as proposed, a 440-square-foot (0.010 acre) portion of the project site (APN 7587-007-802)that is currently located in the City of Rolling Hills Estates would be annexed to the City of Rancho Palos Verdes and rezoned RM-22 to match the zoning of the rest of the property. The MMP responds to Section 21081.6 of the Public Resources Code, which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant environmental effects, to adopt a"reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project. An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of the project. Where appropriate,this environmental document recommended mitigation measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative Declaration. ENVIRONMENTAL PROCEDURES This MMP has been prepared in accordance with the California Environmental Quality Act of 1970(CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA. MITIGATION MONITORING PROGRAM REQUIREMENTS Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project Mitigation Monitoring Program Exhibit A- Page 2 Resolution No. 2008-101 which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program." II. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design, pre-grading, construction, and operation. The City will have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of verification of compliance; the timing of verification; the department or agency responsible for implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP. The files shall be established, organized, and retained by the City of Rancho Palos Verdes department of Planning, Building, and Code Enforcement. Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Director of Planning, Building, and Code Enforcement. The compliance verification section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: 1. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall designate a party responsible for monitoring of the mitigation measures. Mitigation Monitoring Program Exhibit A- Page 3 Resolution No. 2008-101 2. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of Rancho Palos Verdes, Director of Planning, Building, and Code Enforcement with advice from Staff or another City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined, the Director of Planning, Building, and Code Enforcement would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements. III. MITIGATION MONITORING PROGRAM CHECKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on November 11, 2003. Mitigation measures are listed in the order in which they appear in the Initial Study. Types of measures are project design, construction, operational, or cumulative. Time of Implementation indicates when the measure is to be implemented. Responsible Entity indicates who is responsible for implementation. Compliance Verification provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these mitigation measures. Mitigation Monitoring Program Exhibit A- Page 4 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION 1. LAND USE AND PLANNING LUP-1: Prior to final tract map recordation, the 440- square-foot (0.010 acre) portion of the project site that is located in the City of Rolling Hills Estates (Assessor's Parcel No. 7589-007-802) shall be annexed to the City of Rancho Palos Verdes, in Prior to final tract ma Department of Project Design p Property owner Planning, Building and accordance with the procedures established by the recordation Code Enforcement Los Angeles County Local Agency Formation Commissioner (LAFCO). The applicant shall be responsible for all City costs associated with processing the annexation request. 2. GEOLOGY AND SOILS GEO-1: Prior to the issuance of a building permit by the City's Building Official, the applicant shall obtain final approval of the grading and construction plans from the City's geotechnical consultant. The Prior to building permit Department of Construction g p Property owner Planning, Building and applicant shall be responsible for the preparation and issuance Code Enforcement submittal of all soil engineering and/or geology reports required by the City's geotechnical consultant in order to grant such final approval. 3. AIR QUALITY AIR-1: Prior to the issuance of grading permits, the applicant shall demonstrate to the Director of Planning, Building and Code Enforcement that dust Prior toradin permit Department of generated by grading activities shall comply with the Construction g g p Property owner Planning, Building and South Coast Air Quality Management District Rule issuance Code Enforcement 403 and the City Municipal Code requirements that require regular watering for the control of dust. AIR-2: During construction, all grading activities shall cease during periods of high winds(i.e.,greater Department of than 30 mph). To assure compliance with this Construction On-going Property owner Planning, Building and measure, grading activities are subject to periodic Code Enforcement inspections by City staff. AIR-3: Construction equipment shall be kept in Construction On-going Property owner Department of proper operating condition, including proper engine Planning, Build ingand Mitigation Monitoring Program Exhibit A- Page 5 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION tuning and exhaust control systems. Code Enforcement AIR-4: 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, Department of Monday through Saturday, in accordance with the Construction On-going Property owner Planning, Building and permitted hours of construction stated in Section Code Enforcement 17.56.020(B)of the Rancho Palos Verdes Municipal Code. AIR-5: Prior to the issuance of building permits, the applicant shall demonstrate the project's compliance Department of with the South Coast Air Quality Management District Construction Prior to building permit Property owner Planning, Building and issuance y g g Rule 445 and the City Municipal Code requirements Code Enforcement regarding wood-burning devices. 4. TRANSPORTATION/CIRCULATION TRA-1: In order to reduce the traffic impacts of the proposed project to less-than-significant levels, the intersection Highridge Road and Hawthorne Boulevard shall be modified as follows: • Convert the existing northbound left turn lane to a shared left-plus-through lane; and the existing northbound through lane to a dedicated right-turn lane, • Keep the existing dedicated right-turn lane Departments of so there will be two(2) northbound right-turn lanes Operational Prior to building permit final Property owner Planning, Building and g y Code Enforcement and • Modify the existing traffic signal phases for Public Works the northbound and southbound approaches to split-phasing (from protected left-turn phasing), • Set the cycle length to one hundred twenty (120)seconds or optimize the cycle length to allow for additional green time on all movements; and, Provide"cat-track"striping for the two(2)northbound right-turn lanes for their transition to the eastbound Mitigation Monitoring Program Exhibit A- Page 6 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION through lanes on Hawthorne Boulevard. Mitigation Monitoring Program Exhibit A- Page 7 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION TRA-2: 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 Highridge Road and Hawthorne Boulevard Departments of estimated at 15.5% to the Cit of Rancho Palos Operational Prior to building Planning, Building and ( ) y p g permit final Property owner Code Enforcement and Verdes; and shall contribute the project fair share of Public Works the cost of future improvements at Hawthorne Boulevard and Silver Spur Road (estimated at 2.5%) to the City of Rolling Hills Estates. TRA-3: Prior to grading permit issuance, the applicant shall obtain approval of a haul route from the Director of Public Works. The applicant shall Construction Prior to grading permit Prop erty owner Department of Public ensure that loaded trucks are appropriately covered issuance Works to prevent soil from spilling on the roadway along the haul route. TRA-4: The final design of the left-turn pocket shall incorporate the following modifications, to the satisfaction of the Director of Public Works: • The proposed medium break and transition for the project entrance shall maintain a 60- foot-long pocket with a 60-foot-long transition. The existing left-turn pocket for northbound The proposed left-turn pocket and median break in Highridge Road are no longer a part of the Highridge Road and Peacock Ridge Road shall be recommended project reconfigured to a 100-foot-long pocket with a 60-foot- long transition. TRA-5: Prior to recordation of the final tract map, the applicant shall submit street improvement plans for the median break and left-turn pocket on Highridge Road to the Director of Public Works for final review and approval. TRA-6: Prior to recordation of the final tract map, the applicant shall post a bond or other security Construction Prior to final tract map Property owner Department of Public acceptable to the Director of Public Works for any recordation Works approved improvements within the public right-of- Mitigation Monitoring Program Exhibit A- Page 8 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION way of Highridge Road. TRA-7: Vegetation, walls or other site improvements located on the south side of the driveway shall be limited to no more than thirty Department of PPl P inches (30") in height so as to preserve sight Project Design Prior to building permit final owner Planning, Building and distance in accordance with Section 17.48.070 of Code Enforcement the Rancho Palos Verdes Municipal Code. 5. HAZARDS AND HAZARDOUS MATERIALS HAZ-1: Prior to approval of grading permits, the applicant shall conduct a soil investigation to determine whether site conditions pose any significant health or environmental risks associated with the past use of the site, and the nature and Prior toradin permit Department of extent of any associated contamination. The Construction g g p Property owner Planning, Building and investigation shall also include sampling and analysis issuance Code Enforcement to determine the PCB status of the site and building. The results of these investigations shall be presented in a report prepared in accordance with applicable law and standard practice. HAZ-2: No grading associated with the project shall occur until the soils investigation report is reviewed and approved by the City. If the soils investigation report requires remedial actions to address Department of contamination, no grading activities shall occur in Construction Prior to grading permit Property owner Planning, Building and issuance y g g identified areas until appropriate response actions Code Enforcement have been completed in accordance with applicable law and standard practice to the satisfaction of the City. HAZ-3: During grading or other soil disturbing activities, if malodorous or discolored soils or soils thought to contain significant levels of contaminants Department of are encountered, the applicant or his contractors Construction On-going Property owner Planning, Building and shall enlist the services of a qualified environmental Code Enforcement consultant to recommend methods of handling and/or removal from the site. The need for and methods of any required response actions shall be Mitigation Monitoring Program Exhibit A- Page 9 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION coordinated with, and subject to, approval by the City. Mitigation Monitoring Program Exhibit A- Page 10 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION HAZ-4-' Prior to disturbing the suspected asbestos and/or lead containing materials identified in the Phase I report for the property, a consultant qualified in sampling and analysis of said materials shall be retained by the applicant. If samples test positive, specifications shall be prepared for the removal of identified asbestos and/or lead materials as necessary. A licensed asbestos contractor and Department of Certified Asbestos Consultant, pursuant to Construction Prior to demolition of existing Property owner Planning, Building and EPA/AHERA Section 206 and CCR Title 8, Article site improvements Code Enforcement 2.6 shall be retained by the applicant to properly document, inspect, monitor, remove, and encapsulate the asbestos materials prior to disposal. Prior to demolition, precautionary steps shall be taken to reduce worker exposure to lead, according to occupational health standards. Removal of lead- based paint, if necessary, shall be subject to applicable state and federal regulatory guidelines. 6. NOISE NOW Permitted hours and days for construction activity are 7-00 AM to 7-00 PM, Monday through Department of Saturday, with no construction activity permitted on Construction On-going Property owner Planning, Building and Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Municipal Code Enforcement Code without a special construction permit. NOI-2- The project shall utilize construction equipment equipped with standard noise insulating Department of features during construction to reduce source noise Construction On-going Property owner Planning, Building and levels. Code Enforcement NOI-3-' All project construction equipment shall be Department of properly maintained to assure that no additional Construction On-going Property owner Planning, Building and noise, due to worn or improperly maintained parts is Code Enforcement generated. Mitigation Monitoring Program Exhibit A- Page 11 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION N0I-4: Haul routes used to transport soil exported from the project site shall be approved by the Director of Public Works to minimize exposure of Construction Prior to commencement of Property owner Department of Public grading py Works sensitive receptors to potential adverse noise levels from hauling operations. 7. UTILITIES AND SERVICE SYSTEMS UTL-1: Prior to final map approval, the applicant Department of shall provide evidence of confirmation from California Prior to final tract map Water Service Company that current water supplies Construction recordation Property owner Planning, Building and are adequate to serve the proposed project. Code Enforcement UTL-2: 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- Prior to buildingpermit Department of reducingvalve Construction Property owner Planning, Building and issuance Code Enforcement • 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 Monitoring Program Exhibit A- Page 12 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION UTL-3: 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, Department of installation of warm season grasses. Construction On-going Property owner Planning, Building and • Grouped plants of similar water demand to Code Enforcement 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. 8. AESTHETICS AES-1: Prior to building permit issuance, the building elevations shall be revised to provide Prior to buildingpermit Department of Construction Property owner Planning, Building and architectural trim and detailing on any blank 2-story issuance Code Enforcement facades of the facing wings of the building. AES-2: Prior to building permit issuance, the applicant shall submit a site landscape plan for the Prior to buildingpermit Department of Construction Property owner Planning, Building and review and approval of the Director of Planning, issuance Code Enforcement Building and Code Enforcement. AES-3: Common area landscaping shall be maintained so as not to result in significant view Department of impairment from the viewing area of another Operational On-going Property owner Planning, Building and property, as defined in Section 17.02.040 of the Code Enforcement Rancho Palos Verdes Municipal Code. Mitigation Monitoring Program Exhibit A- Page 13 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION AES-4: Any temporary or permanent project signage shall require the approval of a sign permit by the Director of Planning, Building and Code Project Design On-going Property owner Planning Commission Enforcement, and shall be consistent with the provisions of Section 17.76.050(E)(2). AES-5: 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 Prior to building p ermit Department of demonstrate that lighting fixtures on the building and Operational Property owner Planning, Building and grounds shall be designed and installed so as to issuance Code Enforcement contain light on the subject property and not spill over onto adjacent private properties or public rights-of- way. AES-6: Exterior lighting fixtures on the grounds Department of shall be low, bollard-type fixtures, not to exceed Project Design On-going Property owner Planning, Building and forty-two inches (42") in height. Code Enforcement AES-7: Exterior lighting fixtures on private balconies and common exterior walkways shall be energy-efficient fixtures, such as compact Department of Construction Ptbuilding t fl Property fluorescents. Said fixtures shall be equipped with onsrucion rior o uiing permiinaropery owner Planning, Building and light sensors so that they will only be illuminated Code Enforcement during hours of darkness. AES-8: No internally-illuminated signage may be Department of used on the project site. Project Design On-going Property owner Planning, Building and Code Enforcement 9. CULTURAL RESOURCES CUL-1: 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 Prior to grading permit provided to the Director of Planning, Building and issuance Department of g g p Construction Property owner Planning, Building and Code Enforcement for review prior to grading permit Code Enforcement issuance. Mitigation Monitoring Program Exhibit A- Page 14 Resolution No. 2008-101 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION CUL-2: 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 Prior to commencement of Department of encountered during grading and excavation, work Construction Property owner Planning, Building and shall be halted or diverted from the resource area grading Code Enforcement and the archeologist and/or paleontologist shall evaluate the remains and propose appropriate mitigation measures. 10. RECREATION REC-1: Prior to final tract map recordation, the applicant shall pay to the City a fee equal to the value of 0.3136 acre of parkland in lieu of the dedication of Prior to final tract ma Department of Construction p Property owner Planning, Building and such land to the City, pursuant to the provision of recordation Code Enforcement Section 16.20.100 of the Rancho Palos Verdes Municipal Code. Mitigation Monitoring Program Exhibit A- Page 15 Resolution No. 2008-101