PC RES 2008-043 P.C. RESOLUTION NO. 200 -4
RESOLUTION F THE PLANNING ISSI F
THE CITY OF RANCHO PALOSVE DE ,
CONDITIONALLY PROVIN CONDITIONAL U
PERMIT, GRADING PERMITAND SIGN PROGRAM
(PLANNING CASE . 2 N202-00216), IN CONJUNC-
TION W
NJIJ C-
TIO IT THE ADOPTION OF A MITIGATED NEGATIVE
DECLARATION, TO ALLOWTHE DEVELOPMENT OF A
NEW PROFESSIONAL OFFICE BUILDING, LOCATED T
29941 HAWTHORNE BOULEVARD
WHEREAS, on May 2, 2002, applications for a Conditional Use Permit, Grading
Permit, Sign Program and Environmental Assessment (Planning Case No. ZON2002-
00216) were submitted to the Planning Department by the applicant, Raju Chhabria, to
allow the development of a 2-story professional office building on a 0.649-acre site at
the northwest corner of Hawthorne Boulevard and Crest Road; and,
WHEREAS, on April 22, 2008, the applications for Planning Case
No. ZON2002-00216 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 Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and
Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and
determined that, by incorporating mitigation measures into the Negative Declaration,
there is no substantial evidence that the approval of Planning Case No. ZON2002-
00216 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 July 23, 2008 and August 12, 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 August 12, 2008, at which time all
interested parties were given the opportunity to be heard and present evidence; and,
WHEREAS, at the August 12, 2008, Planning Commission meeting, the Planning
Commission directed the applicant to further investigate design alternatives to reduce
the height of the proposed building to address concerns pertaining to public and private
view impacts; and continued the public hearing to September 23, 2008; and,
WHEREAS, on September 3, 2008, the applicant submitted revised project plans
that reduced the building height to a single story above existing grade; and,
WHEREAS, at the September 23, 2008, Planning Commission meeting, a
majority of the Planning Commission conceptually approved the revised 1-story project;
directed the applicant to modify the project plans to address the issues of signage,
drainage, lighting and mechanical equipment; directed Staff to prepare appropriate P.C.
Resolutions for the certification of the Mitigated Negative Declaration and conditional
approval of the revised project; and continued the public hearing to October 14, 2008;
and,
WHEREAS, on October 14, 2008, the public hearing was continued, without
discussion, to October 30, 2008; and,
WHEREAS, on October 17, 2008, the applicant submitted revised project plans
containing additional information regarding signage, drainage, lighting and mechanical
equipment; and,
WHEREAS, at its October 30, 2008, meeting, after hearing public testimony, the
Planning Commission adopted P.C. Resolution No. 2008- making certain findings
related to the requirements of the California Environmental Quality Act (CEQA) and
recommended that the City Council adopt a Mitigation Monitoring Program and
Mitigated Negative Declaration for the proposed project.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission makes the following findings of fact with
respect to the application for a conditional use permit to develop a professional office
building project on the subject property:
A. 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 Title 17 (Zoning) or by conditions imposed under Section 17.60.050
to integrate said use with those on adjacent land and within the neighborhood.
The proposed project is consistent with all of the CP district development
standards. The project significantly exceeds the minimum setbacks from
abutting nonresidential property and provides double the minimum required width
of landscape buffer along Hawthorne Boulevard and Crest Road.
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. The project will take
direct access from Crest Road from a new curb cut near the southwesterly corner
of the lot. The project plans and traffic study have been reviewed by the City's
traffic engineer. The traffic study analyzed level of service (LOS) impacts at the
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intersections of Hawthorne Boulevard and Crest Road; Hawthorne Boulevard
and Los Verdes Drive; and Hawthorne Boulevard and Via Rivera. Based upon
the current trip generation standards and traffic counts taken in 2005, the
applicant's traffic consultant estimated that the project would generate eighty (80)
daily trips and eleven (11) peak-hour trips during the morning and evening rush
hours. The applicant's consultant concluded that these trips would not result in
significant impacts upon existing and future LOS at the three (3) study
intersections, and the City's traffic engineer concurred with this conclusion.
However, the City's traffic engineer did note that additional review would be
required for the proposed driveway access on Crest Road to ensure adequate
sight distance from the intersection would be provided, and to determine if any
restriping on Crest Road would be required. In addition, during construction
7,521 cubic yards of soil would be removed from the site, which equates to
roughly seven hundred fifty (750) truck trips. These truck trips have the potential
to create adverse impacts along the route on and off the Peninsula (i.e.,
Hawthorne Boulevard). To address these issues, conditions regarding the final
design of the driveway and the approval of a haul route plan are recommended.
C. In approving the subject use at the specific location, there will be no significant
adverse effect on adjacent property or the permitted use thereof. Early in the
review of this application, Staff identified potential view impacts (from both public
and private property) as the most likely adverse impacts on adjacent properties.
For this reason, the applicant was asked to construct a certified silhouette of the
proposed project. The CP zoning district establishes a 16-foot height limit, which
is measured from the lower of either preconstruction or finished grade within the
building footprint. The revised project has lowered the height of the building to
thirteen feet six inches (13'-6") from the height existing grade covered by the
structure to the roof parapet, and twenty-eight feet six inches (28'-6") from the
lowest finished grade covered by the structure to the roof parapet.
With respect to private views, the adjacent properties analyzed included four (4)
residences in the Peppertree Lane community at 21, 22, 23, and 24 Peppertree
Lane in Rolling Hills Estates; and two (2) residences in the Monaco community at
30003 and 30009 Cachan Place in Rancho Palos Verdes. The views from the
first floors of the Peppertree Lane residences are already impaired by existing
common-area foliage in the Peppertree Lane community, and even without this
foliage the Planning Commission finds that 1St-floor views would be impaired to
some degree by a 16-foot-tall structure on the subject property. The revised
project silhouette is not readily visible from viewing areas of the residences on
Cachan Place. Therefore, the private view impacts of the revised project will be
less than significant.
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With respect to public views, the Visual Aspects diagram in the City's General
Plan identifies the locations of scenic vistas to be preserved, restored and
enhanced. The subject property falls within a scenic vista identified in the
General Plan, looking northwesterly across the subject property and down Agua
Amarga Canyon from westbound Crest Road and the intersection of Hawthorne
Boulevard and Crest Road. Although the height of the project has been revised
to be below the 16-foot height limit, some public views would still be blocked by
the revised structure. However, given that the property is zoned for commercial
use and the building's height has been significantly reduced, the Planning
Commission finds that a reasonable balance has been achieved between the
preservation of the public view and the applicant's right to develop the property
for commercial purposes. Therefore, the public view impacts of the revised
project will be less than significant.
D. The proposed use is not contrary to the General Plan. The use of the property
for profession offices is consistent with the Commercial Office land use
designation for the site. With its revised building height, the proposed project no
longer conflicts with the designated vista in the Visual Aspects diagram of the
City's General Plan. Furthermore, the revised project is now consistent with
Visual Aspects Policies of the General Plan that call upon the City to "[develop]
controls to preserve existing significant visual aspects from future disruption or
degradation"; "[require] developers, as developments are proposed within areas
which impact the visual character of a corridor, to address treatments to be
incorporated into their projects which enhance a corridor's imagery";
"[developments within areas which will impact corridor-related views to fully
analyze project impacts in relation to corridors, in order to mitigate their impact";
and "[require] developments which lie between natural areas to be maintained
and viewing corridors to show how they intend to mitigate view disruption."
E. The required finding that, if the site of the proposed use is within any of the
overlay control districts established by Chapter 17.40 (Overlay Control Districts)
of Title 17 (Zoning), the proposed use complies with all applicable requirements
of that chapter, is not applicable to this project because the subject property is
not located within an overlay control district.
F. Conditions, which the Planning Commission finds to be necessary to protect the
health, safety and general welfare, have been imposed upon this project. These
conditions include all mitigation measures identified in the Mitigated Negative
Declaration for the project. Examples include (but are not limited to) limitations
on the heights of walls and fences; conditions regarding the placement and type
of exterior light fixtures; requirements for water-conserving landscaping and
irrigation in the landscaped areas; limitations on the height of foliage and trees in
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the landscaped areas; and restrictions on the number and types of signage for
the project.
Section n The Planning Commission makes the following findings of fact with
respect to the application for a grading permit for 9,943 cubic yards of grading related to
the development of the proposed office building:
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 9,943 cubic yards of earth movement. Most of
this material (i.e., 7,521 cubic yards) would be exported from the site. Most of
the proposed cut would occur within the building footprint for the subterranean
garage, while a limited amount of fill would occur in the area of the proposed
driveway and surface parking lot. The excavation of the site and export of
material allows the building to be set slightly lower on the site than could be
allowed without the proposed grading. Also, based upon the geological
investigations conducted by the applicant, it is clear that much of the existing fill
material on the site must be removed in order to make the site suitable for
development.
B. The grading and/or related construction does not significantly adversely affect the
visual relationships with, nor the views from, neighboring properties. In cases
where grading is proposed for a new residence or an addition to an existing
residence, this finding shall be satisfied when the proposed grading results in a
lower finished grade under the building footprint such that the height of the
proposed structure, as measured pursuant to Section 17.02.040(8) of this Title,
is lower than a structure that could have been built in the same location on the lot
if measured from preconstruction (existing) grade. The proposed grading results
in a lower structure than would be permitted "by right" without the proposed
grading, and the project complies with the 16-foot height limit for the CP zoning
district.
C. The nature of the grading minimizes disturbance to the natural contours, and
finished contours are reasonably natural. The site is generally flat, with a steeply
descending slope at the northwesterly corner of the property. The proposed
grading would generally lower the grade of the property overall, but would
maintain the sloping character of the site.
D. The required finding that the grading takes into account the preservation of
natural topographic features and appearances by means of land sculpting so as
to blend any man-made or manufactured slope into the natural topography, is not
applicable because there are no natural topographic features on the subject
property.
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E. The required finding that, for new single-family residences, the grading and/or
related construction is compatible with the immediate neighborhood character, as
defined in Section 17.02.040(A)(6) of the Development Code, is not applicable
because the proposed project is not a new single-family residence.
F. The required finding that, in new residential tracts, the grading includes
provisions for the preservation and introduction of plant materials so as to protect
slopes from soil erosion and slippage, and minimize visual effects of grading and
construction on hillside areas, is not applicable because the proposed project is
not a new residential tract.
G. The required finding, that the grading utilizes street designs and improvements
which serve to minimize grading alternatives and harmonize with the natural
contours and character of the hillside, is not applicable because the proposed
project does not involve the construction of new streets.
H. The grading would not cause excessive and unnecessary disturbance of natural
landscape or wildlife habitat through removal of vegetation. The proposed
project abuts Agua Amarga Canyon, which is a part of the City's Palos Verdes
Nature Preserve. The applicant's biological consultant prepared a biological
survey of the property, which identified two (2) areas of the site containing
disturbed coastal sage scrub (CSS) totaling 0.08 acre or 12.8% of the total lot
area. The survey also identified a roughly 0.37-acre area of off-site CSS habitat
on the City's abutting Agua Amarga property that would be affected by fuel
modification and the construction of drainage improvements for the applicant's
lot. No sensitive wildlife species were observed on or adjacent to the site. The
biological survey was reviewed and accepted by the City's biological consultant.
As currently proposed, most (if not all) of the CSS habitat on the site would be
removed as a direct result of grading for the proposed project. Since the City has
an adopted Natural Communities Conservation Plan (NCCP), the proposed 0.45-
acre loss of CSS habitat will be mitigated at a 3:1 ratio by the payment of the
City's NCCP mitigation fee. This would amount to a payment of $27,000 (0.45
acre x 3 x $20,000/acre = $27,000). The mitigation fee paid to the City would be
deposited in the City's Habitat Restoration Fund to pay for future habitat
restoration projects within the City's Palos Verdes Nature Preserve. Additional
conditions of approval will be imposed regarding the timing of grading and
construction activities so as to avoid impacts to sensitive wildlife species in the
future.
1. The grading conforms with the minimum standards for depth of fill, driveway
slope and finished slopes adjacent to driveways established under Section
17.76.040(E)(8) of the Development Code.
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J. Pursuant to Section 17.76.040(E)(9)(c) of the Rancho Palos Verdes
Development Code, the proposed 17-foot depth of cut is reasonable and
necessary. Grading down the pad within the footprint of the proposed building
allows for a slightly lower structure than would otherwise be permitted without the
proposed grading. More importantly, however, the applicant's geotechnical
investigation revealed that much of the existing material on the site needs to be
removed in order to make the property suitable for development.
K. The proposed grading deviates from City standards regarding slope steepness,
grading on 50-percent slopes and driveway retaining wall heights. Such
deviations may be granted based upon the following additional findings:
1. The criteria of subsections (E)(1) through (E)(8) of Section 17.76.040(E)
are satisfied. As discussed above in the Grading Permit findings, all of the
criteria (E)(1) through (E)(8) are satisfied by the revised project.
2. The approval is consistent with the purposes set forth in subsection A of
Section 17.76.040. Among the stated purposes of the City's grading
regulations are to "[permit] reasonable development of land..."; to
"[ensure] that the development of each parcel of land...occurs in a manner
harmonious with adjacent lands..."; and to "[ensure] that each project
complies with the goals and polices of the General Plan...." The Planning
Commission finds that the proposed grading is consistent with these
purposes because it will allow for the reasonable development of a legal
lot in an established commercial area. This will be consistent with the
Commercial Office land use designation for the area.
3. Departure from the standards in subsection (E)(9) of Section 17.76.040(E)
will not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity. The portions of the
proposed grading that deviate from City standards are primarily related to
the proposed driveway to the surface parking lot. This grading is
necessary to provide vehicular access to the project's off-street parking
facilities. Given the topography of the immediate neighborhood, it is not
unusual to find retaining walls along driveways and parking areas to
provide and improve vehicular access, such as at the nearby supermarket
at 30019 Hawthorne Boulevard. The proposed 50-percent slope down to
the surface parking lot helps to reduce the visual impacts of the parking lot
by placing it below the adjacent street level. As such, the Planning
Commission finds that the approval of the proposed project would not
constitute a special privilege that is inconsistent with the limitations
imposed upon other similarly-situated properties in the vicinity.
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4. Departure from the standards of subsection (E)(9) of Section 17.76.040(E)
will not be detrimental to the public safety nor to other property. The
applicant would be required to obtain a building permit for the proposed
retaining walls and grading, subject to the review of the City's Building
Official and geotechnical consultant. The City's geotechnical consultant
has already reviewed and conceptually approved a geotechnical report for
the proposed project.
5. Notice of such decision shall be given to the applicant and to all owners of
property adjacent to the subject property. Notice of denial shall be given
to only the applicant. Any interested person may appeal the Director's
decision to the Planning Commission and the Planning Commission
decision to the City Council pursuant to Chapter 17.80 (Hearing Notice
and Appeal Procedures) of Title 17 (Zoning). Public notification of all
adjacent property owners is required for Planning Commission-level
approval of a major grading application whenever it is necessary to make
the exception findings under RPVDC Section 17.76.040(E)(10).
Therefore, public notification of the approval of this application would be
provided to the applicant, his architect and the owners of ten (10) adjacent
properties.
Section 3: The Planning Commission makes the following findings of fact with
respect to the application for a sign program for three (3) attached and one (1)
freestanding sign in conjunction with development of the proposed office building:
A. The signs are necessary for the applicant's enjoyment of substantial trade and
property rights, and the signs do not constitute needless repetition, redundancy
or proliferation of signage. The proposed signs constitute far less sign area than
the maximum sign area permitted "by right" under the City's sign regulations.
B. The signs are consistent with the intent and purposes of RPVDC Section
17.76.050 (Sign Permit), as set forth in subsection A of this Section. The
proposed signs are consistent with City standards for attached and freestanding
signs in commercial zones.
C. The signs do not constitute a detriment to public health, safety and welfare. The
attached signs will not project from the building facades. The freestanding sign
shall not be permitted to encroach upon the intersection visibility triangle (IVT) at
the corner of Hawthorne Boulevard and Crest Road.
D. The size, shape, color and placement of the signs shall be considered in order to
determine if the signs are compatible with, and bears a harmonious relationship
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to, the building and site which they identify. The Planning Commission finds that
proposed signs are harmonious with the building and site.
E. The location of the proposed signs and the design of their visual elements,
including their lettering, colors, decorative motifs, spacing and proportions, shall
be considered in order to determine whether the signs are legible under normal
viewing conditions prevailing where the signs are to be installed. The Planning
Commission finds that proposed signs will be legible to motorists and
pedestrians.
F. The location and design of the proposed signs shall be considered in order to
determine that the signs will not obscure from view or unduly detract from
existing adjacent signs. There are no nearby signs on other properties that will
be blocked from view or obscured by the proposed signs.
G. The location and design of the proposed signs, their size, shape and color shall
be considered in light of the visual characteristics of the surrounding area to
determine that the signs will not detract from or cause depreciation of the value
of adjacent developed properties. The Planning Commission finds that the
design of the signs is compatible with the exterior finishes and materials of the
proposed building and that of other nearby commercial buildings.
H. The location and design of proposed signs in commercial districts in close
proximity to any residential district shall be considered in order to determine that
the signs will have no adverse effect on the value and character of the adjacent
residential district. The Planning Commission finds that the location and design
of the proposed signs will not detract from adjacent residences.
Section 4- Any interested person aggrieved by this decision or by any portion
of this decision may appeal to the City Council. Pursuant to Sections 17.60.060,
17.76.040(H) and 17.76.050(F)(6) of the Rancho Palos Verdes Municipal Code, any
such appeal must be filed with the City, in writing and with the appropriate appeal fee,
no later than fifteen (15) days following October 30, 2008, the date of the Planning
Commission's final action.
Section 5: For the foregoing reasons and based on the information and
findings included in the Staff Report, Minutes and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby conditionally
approves a Conditional Use Permit, Grading Permit and Sign Program (Planning Case
No. ZON2002-00216), in conjunction with the adoption of a Mitigated Negative
Declaration, to allow the development of a new professional office building, located at
29941 Hawthorne Boulevard, subject to the recommended conditions of approval in the
attached Exhibit `A'.
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PASSED, APPROVED, AND ADOPTED this 30 th day of October 2008, by the
following vote:
AYES: Commissioners Gerstner, Knight, Ruttenberg and Tetreault, Vice
Chairman Lewis and Chairman Perestam
NOES: Commissioner Tomblin
ABSTENTIONS: none
ABSENT: none
RECUSALS: none
Stephen Perestam
Chairman
Joe S, AICP
) Roj
Dir for f Plan ng uilding and
Cod o
E forcem0eand, Secretary
to the Planning Commission
P.C. Resolution No. 2008-43
Page 10 of 21
EXHIBIT 'A'
CONDITIONS E APPROVAL
FOR CONDITIONAL USE PERMIT, GRADING PERMIT AND SIGN
( h atria, 2 941 Hawthorne Boulevard)
General
1. Prior to the submittal of plans into Building and Safety plan check, the applicant
and the property owner shall submit to the City a statement, in writing, that they
have read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide said written statement within ninety (90) days
following date of this approval shall render this approval null and void.
2. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws
and regulations. Unless otherwise expressly specified, all other requirements of
the City of Rancho Palos Verdes Municipal Code shall apply.
3. This approval is for a new, 7,116-square-foot 1-story professional office building
with a 6,466-square-foot subterranean garage; twenty-nine (29) off-street parking
spaces; attached and freestanding on-site signage; and 9,943 cubic yards of
related grading on a vacant lot. The Director of Planning, Building and Code
Enforcement is authorized to make minor modifications to the approved plans
and any of the conditions of approval if such modifications will achieve
substantially the same results as would strict compliance with the approved plans
and conditions. Otherwise, any substantive change to the project shall require
approval of a revision to the conditional use permit, grading permit and/or sign
program by the Planning Commission and shall require new and separate
environmental review.
4. All project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, in the CP
district development standards of the City's Municipal Code.
5. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project by the Planning Commission after
conducting a public hearing on the matter.
6. If the project has not been established (i.e., building permits obtained) within one
year of the final effective date of this Resolution, or if construction has not
commenced within one hundred eighty (180) days of the issuance of building
permits, approval of the project shall expire and be of no further effect unless,
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prior to expiration, a written request for extension is filed with the Department of
Planning, Building and Code Enforcement and approved by the Director.
Otherwise, a conditional use permit, grading permit and/or sign program revision
must be approved prior to further development.
7. In the event that any of these conditions conflict with the recommendations
and/or requirements of another permitting agency or City department, the stricter
standard shall apply.
8. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this Resolution.
9. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or
discarded furniture, appliances or other household fixtures.
10. Permitted hours and days for construction activity are 7:00 AM to 7:00 PM,
Monday through Saturday, with no construction activity permitted on Sundays or
on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes
Development Code. [Mitigation Measure NOI-1] Trucks and other construction
vehicles shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in accordance
with the permitted hours of construction stated above. [Mitigation Measure AIR-4]
Conditional Use Permit Conditions:
11. This approval is for a 13,582-square-foot 1-story office building with subterranean
garage and surface parking. BUILDING AREA CERTIFICATION REQUIRED, to
be provided by a licensed land surveyor or civil engineer prior to building permit
final.
12. The maximum ridgeline of the approved project is 102.50'. BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
13. The approved structure shall maintain setbacks of 20.0' front (Crest Road),
108.0' rear (north), 20.0' street side (Hawthorne Boulevard) and 45.0' interior
side (west). BUILDING SETBACK CERTIFICATION REQUIRED, to be provided
by a licensed land surveyor or civil engineer prior to foundation forms inspection.
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14. The approved project shall maintain a maximum of 50% lot coverage (49.5%
proposed).
15. Twenty-nine (29) off-street parking spaces shall be provided, with each required
parking space being individually accessible and maintaining minimum
unobstructed dimensions of 9' in width and 20' in depth, with minimum 7' vertical
clearance. All 2-way drive aisles shall maintain a minimum width of 25'.
16. With the exception of the approved building, no other structures or site
improvements in excess of thirty-inches (30") in height shall be permitted within
the intersection visibility triangle at Hawthorne Boulevard and Crest Road.
17. Permitted uses of the building shall be limited to general professional and
administrative office uses. Medical offices and financial institutions shall not be
permitted.
18. Prior to grading permit issuance, the applicant-shall submit detailed plans of the
access driveway and curb cut for the review of the City's traffic engineer. The
applicant shall be responsible for the cost of any improvements in the public
right-of-way of Crest Road and Hawthorne Boulevard that the City's traffic
engineer deems necessary. [Mitigation Measure TRA-1] Such improvements
may include (but not be limited to) red curbs, deceleration lanes, warning signage
and/or re-striping the left-turn pocket on Crest Road. If, as a result of the traffic
engineer's review, significant project modifications to the driveway and curb cut
are required, such modifications shall be subject to the review and approval of
the Planning Commission.
19. Prior to grading permit issuance, the applicant shall provide evidence of the Fire
Department's approval of the proposed driveways and parking areas, to the
satisfaction of the Building Official. [Mitigation Measure TRA-3]
20. Framing of structures shall not begin until after the Los Angeles County Fire
Department has determined that there is adequate firefighting water and access
available to said structure.
21. All utilities to and on the property shall be provided underground, including cable
television, telephone, electrical, gas and water. All necessary permits shall be
obtained for their installation.
22. The applicant shall not use the parking lot of the adjacent Ralphs supermarket for
parking or staging of equipment or storage of materials.
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23. With the exception of photovoltaic panels that do not exceed the height of the
roof parapet, roof-mounted mechanical equipment is not permitted. All
mechanical equipment shall be located within the building.
24. The project applicant shall maintain a 15-meter (50-foot) brush management
zone around the proposed structure. The fuel modification plan shall be
implemented on an annual basis under the supervision of a qualified biologist
who shall survey the area before clearing and thinning activities to identify and
avoid sensitive biological resources within the zone. To the maximum extent
practical, brush management activities should be conducted outside of the bird-
breeding season, which typically occurs between February 15th and August 31St.
[Mitigation Measure BIO-5] In the event that Fire Department-mandated brush
clearance exceeds the 15-meter (50-foot) radius around the structure, the
applicant will be required to mitigate any additional habitat loss—in excess of the
anticipated habitat loss discussed in Condition No. 58 below—at a 3:1 ratio
through the payment of an additional mitigation fee to the City's Habitat
Restoration Fund.
25. The project applicant shall incorporate low-pressure sodium illumination sources
into the project's design. Low voltage outdoor or trail lighting, spotlights or bug
lights should not be used. Light sources adjacent to the Reserve should be
shielded, to the maximum extent feasible, to avoid disturbances to nocturnal
wildlife. [Mitigation Measure BIO-6]
26. The proposed project shall be designed to incorporate all fire protection
requirements of the City's most recently adopted Building Code, to the
satisfaction of the Building Official. [Mitigation Measure HAZ-4]
27. Prior to building permit issuance, the applicant shall provide evidence of
confirmation from California Water Service Company that current water supplies
are adequate to serve the proposed project. [Mitigation Measure UTL-1]
28. Prior to building permit issuance, the applicant shall ensure that construction
plans and specifications for the project include the following interior water-
conservation measures for the following plumbing devices and appliances:
Reduce water pressure to 50 pounds per square inch or less by means of a
pressure-reducing valve;
Install water-conserving faucets in public and private restrooms; and,
Install one-and-one-half gallon, ultra-low flush toilets. [Mitigation Measure
UTL-2]
29. Prior to building permit issuance, the applicant shall submit landscape and
irrigation plans for the landscape areas for the review and approval of the
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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]
30. The approved landscape plan shall include a pesticide management plan to
control the introduction of pesticides into site runoff.
31. The design of the proposed project shall be modified such that the maximum
height of the building does not exceed sixteen feet (16') above the highest point
of the existing building pad covered by the structure. [Mitigation Measure AES-1]
32. Prior to building permit issuance, the applicant shall submit a site landscape plan
for the review and approval of the Director of Planning, Building and Code
Enforcement. [Mitigation Measure AES-2]
33. Site landscaping shall be maintained so as not to result in significant view
impairment from the viewing area of another property, as defined in Section
17.02.040 of the Rancho Palos Verdes Municipal Code. [Mitigation Measure
AES-3]
34. Any temporary or permanent project signage shall require the approval of a sign
permit by the Director of Planning, Building and Code Enforcement, and shall be
consistent with the provisions of Section 17.76.050(E)(2). [Mitigation Measure
AES-4]
35. 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-5] Interior lighting within the subterranean garage
shall also be screened and shielded so as to contain light within the garage and
not create glare for nearby downslope residences.
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36. Exterior lighting fixtures in the landscape area of the grounds shall be low,
bollard-type fixtures, not to exceed forty-two inches (42") in height. Parking lot
lighting shall not exceed ten feet (10) in height, as measured from the surface of
the parking lot and shall employ downcast lumieres. Exterior lighting shall be
extinguished by 10:00 PM. [Mitigation Measure AES-6]
37. Exterior lighting fixtures on 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-7]
Grading Permit Conditions:
38. This approval is for nine thousand nine hundred forty-three cubic yards
(9,943 CY) of grading, composed of eight thousand seven hundred twenty-three
cubic yards (8,723 CY) of cut and one thousand two hundred eleven cubic yards
(1,211 CY) of fill, for a net export of seven thousand five hundred twenty-one
cubic yards (7,521 CY). The maximum depth of cut shall be seventeen feet
(17'-0") and the maximum depth of fill shall be ten feet (3'-0").
39. The maximum driveway slope shall not exceed twenty percent (20%). A
retaining wall and/or guard rail with a minimum height of forty-two inches above
the driveway surface shall be provide along the downslope side of the driveway
so as prevent vehicles from accidently rolling into Agua Amarga Canyon.
40. The maximum height of retaining walls abutting the driveway and surface parking
area shall be five feet (5'-0") and the maximum steepness of new slopes abutting
the driveway and surface parking areas shall be fifty percent (50%). All grading
and retaining walls shall be subject to the review and approval of the City's
Building Official and geotechnical consultant.
41. All site drainage facilities shall be subject to final review and approval by the
City's drainage and NPDES consultants. Site drainage shall be conveyed
directly to the public right-of-way of Crest Road.
42. In accordance with Section 1601 and 1602 of the California Fish and Game
Code, the State Department of Fish and Game, 350 Golden Shore, Long Beach,
California 90802, (562) 435-7741, shall be notified prior to commencement of
work within any natural drainage courses affected by this project.
43. All drainage swales and any other on-grade drainage facilities, including gunite,
shall be of an earth tone color and shall be reviewed and approved by the
Director of Planning, Building and Code Enforcement.
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44. Site surface drainage measures included in the project's geology and soils report
shall be implemented by the project developer during project construction.
45. 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.
46. 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.
47. Appropriate Best Management Practices (BMPs), including sandbags, shall be
used to help control runoff from the project site during project construction
activities.
48. 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.
49. The stockpiling, rough cutting and preparation of raw stone for the exterior
veneer of the structure shall not be permitted on the subject property. The
storage and cutting of finished stone shall be permitted on site only for the final
fitting and installation of the stone veneer. The use of a minimal number of
stonecutting saws shall be permitted, provided that such saws are located
immediately adjacent to the areas where the stone veneer is being applied, and
as far as possible from nearby residences.
50. Prior to the commencement of grading, a bond, cash deposit, or combination
thereof, shall be posted to cover the costs of grading in an amount to be
determined by the City Engineer.
51. 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
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dollars per occurrence and in the aggregate to cover awards for any death,
injury, loss or damage, arising out of the grading or construction of this project by
the applicant. Said insurance policy must be issued by an insurer admitted to do
business in the State of California with a minimum rating of A-VII by Best's
Insurance Guide. Said insurance shall not be canceled or reduced during the
grading or construction work and shall be maintained in effect for a minimum
period of one (1) year following the final inspection and approval of said work by
the City, and without providing at least thirty (30) days prior written notice to the
City.
52. 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.
53. Grading shall conform to Chapter 29, "Excavations, Foundations, and Retaining
Walls", and Chapter 70, "Excavation and Grading of the Uniform Building Code".
54. 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 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]
55. 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]
56. During construction, all grading activities shall cease during periods of high winds
(i.e., greater than 30 mph). To assure compliance with this measure, grading
activities are subject to periodic inspections by City staff. [Mitigation Measure
Al R-2]
57. Construction equipment shall be kept in proper operating condition, including
proper engine tuning and exhaust control systems. [Mitigation Measure AIR-3]
58. The removal of CSS within and adjacent to the Reserve shall be mitigated at a
3:1 ratio, pursuant to the Rancho Palos Verdes NCCP Subarea Plan, at the most
recent estimated cost for habitat restoration on a per-acre basis. For purposes of
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this analysis, it is estimated that the proposed project would result in the loss of
3,625 square feet (0.083 of an acre) of disturbed CSS habitat that occurs on site
and approximately 15,900 square feet (0.36 of an acre) of high-quality CSS
habitat that occurs off site that would be impacted as a result of the fuel
modification plan. The total loss of CSS habitat is therefore calculated to be 0.45
of an acre. Applying a 3:1 mitigation ratio, the total amount that should be paid
into the City's NCCP habitat restoration plan should be equivalent to 1.35 acres.
[Mitigation Measure BIO-1]
59. All construction site vegetation clearing shall be conducted during the non-
breeding season (September 1St to February 15th) to avoid destruction of active
bird nests. If vegetation clearing must be conducted during the bird breeding
season, a nest survey must be conducted as a 15-meter (50-foot) exclusion zone
is placed around all active nests (i.e., active nests with eggs or chicks) until the
nest becomes inactive. [Miitgation Measure BIO-2]
60. The project applicant shall ensure that construction staging areas are located at
least 15 meters (50 feet) away from the Reserve boundary and natural
drainages. Designated "no fueling": zones shall be a minimum distance of 15
meters (50 feet) from all drainages and away from the Reserve boundary.
[Mitigation Measure 13I0-3]
61. The project applicant shall schedule construction directly adjacent to the Reserve
to minimize potential indirect impacts to biological resources in the Reserve.
Construction adjacent to drainages should occur during periods of minimum flow
(i.e., summer through the first significant rain of fall) to avoid excessive
sedimentation and erosion and to avoid impacts to drainage-dependant species.
Construction adjacent to habitats occupied by breeding sensitive wildlife species
should be scheduled to avoid the breeding season (February 15th - August 31S),
if practicable. [Mitigation Measure BIO-4]
62. In the event that a nesting special-status bird species is observed in the habitats
to be removed or in other habitats within 50 feet of the construction or fuel
modification work areas, the applicant has the option of delaying all construction
work in the suitable habitat area or within 50 feet thereof, until after September
15th , or continuing focused surveys in order to locate any nests. If an active nest
is found, clearing and construction within 50 feet of the nest shall be postponed
until the nest is vacated and juveniles have fledged, and there is no evidence of a
second attempt at nesting. Limits of construction to avoid a nest site shall be
established in the field with flagging and stakes or construction fencing.
Construction personnel shall be instructed on the ecological sensitivity of the
area. [Mitigation Measure BIO-7]
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63. To avoid the accidental take of active raptor nests, any removal of hardwood tree
species shall be conducted between September 15t" and February 15t", outside
of the typical breeding season, as feasible. Should avoidance of the nesting
season not be feasible, a qualified biologist, as determined to the satisfaction of
the City's Planning Department, shall be retained by the applicant to conduct
focused raptor nest surveys within one week prior to grading. The results of the
raptor nest survey shall be submitted to the City's Planning Department for
review, via a letter report. [Mitigation Measure BIO-8]
64. 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
extent of any associated contamination. The investigation shall also include
sampling and analysis to determine the PCB status of the site and building. The
results of these investigations shall be presented in a report prepared in
accordance with applicable law and standard practice. [Mitigation Measure
HAZ-1]
65. No grading associated with the project shall occur until the soils investigation
report is reviewed and approved by the City. If the soils investigation report
requires remedial actions to address contamination, no grading activities shall
occur in identified areas until appropriate response actions have been completed
in accordance with applicable law and standard practice to the satisfaction of the
City. [Mitigation Measure HAZ-2]
66. During grading or other soil disturbing activities, if malodorous or discolored soils
or soils thought to contain significant levels of contaminants are encountered; the
applicant or his contractors shall enlist the services of a qualified environmental
consultant to recommend methods of handling and/or removal from the site. The
need for and methods of any required response actions shall be coordinated
with, and subject to, approval by the City. [Mitigation Measure HAZ-3]
67. The project shall utilize construction equipment equipped with standard noise
insulating features during construction to reduce source noise levels. [Mitigation
Measure NOI-2]
68. 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]
69. 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
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receptors to potential adverse noise levels from hauling operations. [Mitigation
Measure NOI-4]
70. Prior to the issuance of a grading permit, the applicant shall consult with the
South Central Coastal Information Center (SCCIC) regarding any known
archaeological sites on or within a half-mile radius of the subject property.
[Mitigation Measure CUL-1]
71. Prior to the issuance of a grading permit, the applicant shall conduct a Phase I
archaeological survey of the property. The survey results shall be provided to
the Director of Planning, Building and Code Enforcement for review prior to
grading permit issuance. [Mitigation Measure CUL-2]
72. 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-3]
Sign Program Conditions:
73. On-site signage shall be limited to the three (3) 14-square-foot attached wall
signs and one (1) 20-square-foot 2-sided freestanding sign depicted on the
approved plans. The attached signs shall be mounted below the eave line of the
building and the freestanding sign shall not exceed a height of six feet (6-0").
Additional minor window signage and temporary signs shall be allowed in
accordance with the provisions of the City's Development Code.
74. Notwithstanding the approved site plan, the freestanding sign shall not be located
within the intersection visibility triangle at Hawthorne Boulevard and Crest Road
unless it is reduced to a maximum height of thirty inches (30").
75. The applicant shall obtain a sign permit for each permanent sign identified in this
sign program.
76. No internally-illuminated signage may be used on the project site. [Mitigation
Measure AES-8] The use of exposed neon tubing shall not be permitted.
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P.C. Resolution No. 2008-43
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