PC RES 2017-048 P.C. RESOLUTION NO. 2017-48
A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING A SITE PLAN REVIEW AND
MINOR GRADING PERMIT FOR THE CONSTRUCTION OF A 1,917FT2
MANUFACTURED SINGLE-FAMILY RESIDENCE, A 600FT2
DETACHED GARAGE, A WATER STORAGE TANK, AND 50YD3 OF
GRADING TO ACCOMMODATE THE IMPROVEMENTS AT 48
CINNAMON LANE (CASE NO. ZON2016-00401).
WHEREAS, Andrea Joannou is the property owner of 40 Cherryhill Lane, which was
originally developed with a 1,538ft2 single-family residence and garage; and,
WHEREAS, Andrea Joannou is also the property owner of a vacant lot at 48 Cinnamon
Lane (Lot 12, Block 3, Tract 14195); and,
WHEREAS, the residential improvements on 40 Cherryhill Lane moved several hundred
feet away from its original location to a City owned property due to the Portuguese Bend
Landslide; and,
WHEREAS, on or about November 16, 2012, the City filed a lawsuit captioned People of
the State of California, et al. v. Andrea Joannou, et al., Los Angeles County Superior Court case
no. BC495866 in which the property owner filed a cross-complaint seeking relief; and,
WHEREAS, the City claimed in the lawsuit that the improvements on 40 Cherryhill lot
constituted a nuisance that the property owner had the obligation to abate; and,
WHEREAS, on June 3, 2014, the property owner and the City executed a Settlement
Agreement, settling all claims, which allowed the property owner to replace a house that was
previously located on 40 Cherryhill lot or to build a house on 48 Cinnamon Lane; and,
WHERES, on August 29, 2016, the Director of Community Development ("Director")
granted an approval for a Landslide Moratorium Exception Permit, allowing the property owner
to submit the appropriate Planning applications for the placement of a manufactured home,
detached garage, and a detached horse corral the vacant lot at 48 Cinnamon Lane; and,
WHEREAS, on February 28, 2017, the Planning Commission adopted P.C. Resolution
Nos. 2017-08 and 2017-09, certifying a Mitigated Negative Declaration and approving a Site
Plan Review and Grading Permit to allow the placement of a new manufactured residence
consisting of a 1,917ft2 single-story manufactured home, a 600ft2 detached 3-car garage, a
water storage tank, and 50yd3 of grading to accommodate the proposed improvements on
property located at 48 Cinnamon Lane; and,
WHEREAS, on March 15, 2017, a timely appeal of the Planning Commission's decision
was filed by a group of residents based on, among other things, the argument that City's
Municipal Code did not have an exception category that allowed the development of the
Cinnamon Lot. As a result of the appeal, the Director determined that the Exception Category B
used to approve the Applicant's LME Permit was not the appropriate category and that a new
category should be adopted by City Council to reflect the Settlement Agreement; and,
P.C. Resolution No. 2017-48
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WHEREAS, on August 1, 2017, City Council conducted a duly noticed public hearing to
consider adding a new exception category to Section 15.20.040 of the Municipal Code, and
after considering evidence including testimony from City Staff and all interested parties
regarding the proposed Code amendment, introduced an ordinance amending the Municipal
Code. On August 15, 2017, City Council adopted Ordinance No. 597 to establish Landslide
Moratorium Exception Category "'U" to allow residential development consistent with the
Settlement Agreement on 48 Cinnamon Lane; and,
WHEREAS, on October 30, 2017, the Director of Community Development issued a
Landslide Moratorium Exception Permit authorizing the Applicant to submit the appropriate
planning applications for the placement of a manufactured home, detached garage, and a
detached horse corral on the Cinnamon Lot; and,
WHEREAS, on November 16, 2017, notice of the draft Mitigated Negative Declaration
and the proposed Site Plan Review and Minor Grading Permit was sent to all property owners
within 500' of the subject site and appropriate public agencies for a comment period exceeding
20-days, commencing on November 16, 2017 and concluding on December 12, 2017. The
public notice was published on the same day in the Palos Verdes Peninsula News; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that
there is no substantial evidence that the approval for the Site Plan Review and Minor Grading
Permit would result in a significant adverse effect on the environment with the imposed
mitigation measures on the project. Thus, a Mitigated Negative Declaration was prepared and
notice thereof was given in the manner required by law; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on December
12, 2017, at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a 1,917ft2
manufactured single-family residence, a 600ft2 detached garage, a water storage tank, and
50yd3 of grading to accommodate the improvements.
Section 2: A Site Plan Review is approved because the proposed project conforms
with the provisions of the Code, including but not limited to, setbacks, heights, and open space.
The project is compatible with the character of the immediate neighborhood in terms of the
scale of surrounding residences, architectural styles and materials, and setbacks. The
immediate neighborhood is developed with single-story, low profile homes with design elements
that reflect California Ranch style homes and the streetscape of neighborhood is heavily
vegetated along the private streets with only portions of the residences visible between the
trees. The more recently built homes in the immediate neighborhood are more visible as they
are perched on the slope utilizing grading to create a pad lot that is higher than the street
elevation. The residence will be smaller than the neighborhood average in terms of structure
size and the proposed height of the new residence and detached garage is 15.08'/18.54' and
P.C. Resolution No. 2017-48
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10.12'/11.62', respectively, which maintains the low-profile character of the existing
neighborhood. The proposed residence will be elevated towards the front façade, the elevated
portion will be oriented to the south and not west towards the street and the detached garage
will be oriented with the shorter side of the structure facing the street, which will be setback by
76'-3" from the front property line. The residence will be placed an additional 10'-11" beyond the
garage. As a result, only portions of the residence will be visible from the street due to the
strategic placement of the main residence behind the garage and its larger setback from the
street. In terms of architectural styles and materials, the proposed residence represents a
classic single-story California Ranch style home designed with a 3:12 pitched shingle roof,
extended eaves, exterior siding, a deck with wooden guardrails, symmetrical windows, and a
recessed entryway, which are common elements found in the immediate neighborhood. The
proposed setbacks of 76'-3" front, 20' side and 50' rear, which are compatible with the large
setbacks of other existing residential developments in the immediate neighborhood.
Section 3: A Minor Grading Permit is approved because the proposed 50yd3 of
grading to accommodate the improvements will be balanced on site with no imported material
and appropriate geological or geotechnical studies were conceptually approved that
demonstrates that the proposed grading will not aggravate the existing landslide situation.
Section 4: The project complies with the Urban Appearance Overlay Control District
(OC-3) and regulations as the project is designed in a manner that does not adversely impact
views, vistas, or the existing visual character of the City. The project is strategically situated
away from neighboring views, designed with low-profile structures that do not impact protected
views, and the related grading is minimal which will be balanced on site. No manufactured
grading or re-contouring is proposed that may change the visual character of the site or its
surroundings.
Section 5_ Any interested person aggrieved by this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Sections 17.02.040(C)(1)(g) of the Rancho
Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing, setting
forth the grounds of the appeal and any specific actions requested by the appellant, and
accompanied by the appropriate appeal fee, no later than fifteen (15) days following December
12, 2017, the date of the Planning Commission's final action.
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the . Planning
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2017-48,
approving Site Plan Review and Minor Grading Permit, subject to the conditions in Exhibit 'A',
which is attached hereto, to allow the construction of a 1,917ft2 manufactured single-family
residence, a 600ft2 detached garage, a water storage tank, and 50yd3 of grading to
accommodate the improvements at 48 Cinnamon Lane.
P.C. Resolution No. 2017-48
Page 3 of 13
PASSED, APPROVED AND ADOPTED this 12th day of December 2017, by the following vote:
AYES: COMMISSIONERS NELSON, BRADLEY, EMENHISER, TOMBLIN, AND VICE
CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: COMMISSIONER LEON
ABSENT: NONE
William J. Jam- ,
Vice-Chairman
tr.
Ara - -'��
Director of Community Development and
Secretary of the Planning Commission
P.C. Resolution No. 2017-48
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Exhibit "A"
Conditions of Approval
Site Plan Review, Grading Permit& Environmental Assessment
48 Cinnamon Lane (ZON2016-00401)
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and the
property owner shall submit to the City a statement, in writing, that they have read,
understand, and agree to all conditions of approval contained in this Exhibit "A". Failure
to provide said written statement within ninety (90) days following the date of this
approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other
actions and proceedings (whether legal, equitable, declaratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not
limited to arbitrations, mediations, and other such procedures) (collectively "Actions"),
brought against the City, and/or any of its officials, officers, employees, agents,
departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
modify, set aside, void, or annul, the action of, or any permit or approval issued by, the
City and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. 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.
4. The Director of Community Development is authorized to make minor modifications to
the approved plans and any of the conditions of approval if such modifications will
achieve substantially the same results as would strict compliance with the approved
plans and conditions. Any substantial change to the project shall require approval of a
revision by the final body that approved the original project, which may require new and
separate environmental review.
5. The project development on the site shall conform to the specific standards contained in
these conditions of approval or, if not addressed herein, shall conform to the residential
development standards of the City's Municipal Code, conditions of approval, including
but not limited to height, setback and lot coverage standards.
6. Failure to comply with and adhere to all of these conditions of approval may be cause to
revoke the approval of the project pursuant to the revocation procedures contained in
Section 17.86.060 of the City's Municipal Code or administrative citations as described
in Section 1.16 of the City's Municipal Code.
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.
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8. If the Applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070 of the
City's Municipal Code within 1-year of the final effective date of this approval, the project
shall expire and be of no further effect unless, prior to expiration, a written request for
extension is filed with the Community Development Department and approved by the
Director.
9. Unless otherwise designated in these conditions, all construction shall be completed in
substantial conformance with the plans stamped APPROVED by the City.
10. This approval is only for the items described within these conditions and identified on the
stamped APPROVED plans.
11. 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.
12. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to
the satisfaction of the City's Building Official. All construction waste and debris resulting
from a construction, alteration or repair project shall be removed on a weekly basis by
the contractor or property owner. Existing or temporary portable bathrooms shall be
provided during construction. Portable bathrooms shall be placed in a location that will
minimize disturbance to the surrounding property owners, to the satisfaction of the City's
Building Official.
14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in Section
17.56.050(C) of the Development Code.
Prosect Specific Conditions:
15. This approval is for the following:
a) Construction of a 1,917ft2 manufactured single-family residence with a 288ft2
attached elevated deck along the front façade and a 600ft2 detached garage.
P.C. Resolution No. 2017-48
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b) Installation of a grey water storage tank underneath the deck along the front
façade.
c) Construction of a 3' tall planter wall that wraps around both sides of the
residence to screen the area below the deck.
d) 50yd3 of balanced on site grading limited to less than 5' in depth of cut or fill. No
grading shall be allowed over extreme slopes (35% or greater in gradient).
16. The height of the approved project shall be as depicted on the stamped approved plans.
The maximum height of the approved manufactured residence is 15.08' as measured
from the highest elevation of existing building pad covered by structure (elev. 99.08') to
the highest point of the structure (elev. 114.16'); and 18.54', as measured from the point
where the lowest foundation or slab meets finished grade (elev. 95.62') to the highest
point of the structure (elev. 114.16'). The maximum height of the approved detached
garage is 10.12' as measured from the highest elevation of existing building pad covered
by structure (elev. 97.41') to the highest point of the structure (elev. 107.53'); and 11.62',
as measured from the point where the lowest foundation or slab meets finished grade
(elev. 95.91') to the highest point of the structure (elev. 107.53'). BUILDING HEIGHT
CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil
engineer prior to roof sheathing inspection.
17. Unless modified by the approval of future planning applications, the approved project
shall maintain a maximum of 40% lot coverage (proposed: 13.6%).
18. The approved residence shall maintain setbacks of 20' (76'-3" proposed) front, 15' (50'
proposed) rear, 5' (20' proposed) sides.
19. Except for driveways, paved walkways and parking areas, all of the required 20' setback
area shall be landscaped. Driveways, paved walkways and parking areas shall not cover
more than 50% of the required 20' front yard setback area.
20. A minimum of two enclosed parking spaces shall be provided and maintained in a
garage, and a minimum of two unenclosed parking spaces shall be provided and
maintained as a driveway, on the property. An enclosed parking space shall have an
unobstructed ground space of no less than 9' width by 20' in depth, with a minimum of 7'
of vertical clearance over the space. An unenclosed parking space shall have an
unobstructed ground space of no less than 9' in width by 20' in depth.
21. A driveway shall be a minimum width of 10'.
22. The slope of the driveway shall not exceed a 20% gradient (proposed: 14.5%).
23. Exterior residential lighting shall be in compliance with the standards of Section
17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is
permitted where the light source is directed toward or results in direct illumination of a
parcel of property or properties other than that upon which such light source is physically
located.
24. No construction of any improvement is allowed within a legal easement without written
authorization from the legal holder of the easement. Such authorization shall be in a
form that can be recorded and shall be reviewed by the City Attorney.
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25. Cargo containers may be used for temporary storage in conjunction with construction
allowed through an active building permit, provided that the City's Building Official
determines that the active building permit warrants the use of a cargo container for
temporary storage and is needed to facilitate construction. The number and location of
cargo containers shall be subject to the approval of the City's Building Official and shall
be placed in a location that will minimize disturbance of the surrounding property owners
to the satisfaction of the Building Official.
26. The temporary silhouette shall be removed within seven (7) days of the final effective
date of this approval.
Landslide Moratorium Exception Conditions:
27. Prior to issuance of any building or grading permit, the Applicant's drainage plan
shall be reviewed and approved by the Director of Public Works, and said plan shall
provide details regarding the location, dimensions and height above or below grade for a
holding tank for site drainage runoff. If lot drainage deficiencies are identified by the
Director of Public Works, all such deficiencies shall be corrected by the Applicant.
28. Prior to issuance of any building or grading permit, the sewer lateral that serves the
property shall be inspected to verify that there are no cracks, breaks or leaks and, if such
deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate
them, to the satisfaction of the Director of Public Works.
29. The requirement for a sewer holding tank shall be waived provided that the subject
parcel will be connected to the sanitary sewer system.
30. Roof runoff from all buildings and structures on the site shall be contained and directed
to the streets or an approved drainage course.
31. Prior to issuance of any building or grading permit, all landscaping irrigation
systems shall be part of a water management system approved by the Director of Public
Works. Irrigation for landscaping shall be permitted only as necessary to maintain the
yard and garden.
32. All other necessary permits and approvals required pursuant to this code or any other
applicable statute, law or ordinance shall be obtained.
33. Prior to issuance of any building or grading permit, if required by the City Geologist,
the Applicant shall submit a soils report, and/or a geotechnical report, for the review and
approval of the City Geologist. The Applicant shall comply with any requirements
imposed by the City Geologist shall substantially repair the geologic conditions to the
satisfaction of the City Geologist.
34. Prior to issuance of any building or grading permit, a Hold Harmless Agreement,
satisfactory to the City Attorney promising to defend, indemnify, and hold the City
harmless from any claims or damages resulting from the requested project, shall be
submitted to the Director Community Development.
35. Prior to issuance of any building or grading permit, the Applicant shall submit for
recordation a covenant, satisfactory to the City Attorney, agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit further
P.C. Resolution No. 2017-48
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projects on the subject site without first filing an application with the Director. Such
covenant shall be submitted to the Director Community Development for recordation.
36. Prior to issuance of any building or grading permit, the Applicant shall submit for
recordation a restriction use covenant, satisfactory to the City Attorney, which prevents
the detached corral from being used for any purpose other than a non-habitable use and
the detached garage from being used for any purpose other than parking of vehicles and
storage of personal property, is recorded with the Los Angeles County Registrar-
Recorder.
Mitigation Measures:
AES-1. The exterior lighting for the proposed residences shall be subject to the provisions of
Section 17.56.030 (Outdoor Lighting for Residential Uses) of the Rancho Palos Verdes
Municipal Code. Prior to the issuance of building permits, all residential lighting shall be
fully shielded, and no outdoor lighting shall be permitted where the light source is
directed toward or results in direct illumination of a parcel of property or properties other
than that upon which such light source is physically located.
AQ-1. During construction, including grading, excavating, and land clearing, storage piles and
unpaved disturbed areas shall be continuously stabilized or covered when material is not
being added to or removed from the pile.
AQ-2. During construction, including grading, excavating, and land clearing, measures shall be
taken in areas disturbed to prevent emitting dust and to minimize visible emissions from
crossing the boundary line.
AQ-3. During construction, including grading, excavating, and land clearing, construction
vehicles leaving the site shall be cleaned to prevent dust, silt, mud, and dirt from being
released or tracked off site.
AQ-4. During construction, including grading, excavating, and land clearing, the Applicant's
contractor shall be responsible for minimizing bulk material or other debris from being
tracked onto the City's public roadways, and if tracked, the Applicant's contractor shall be
responsible for cleaning up the impacted City's public roadways.
AQ-5. During construction, including grading, excavating, and land clearing, no trucks shall be
allowed to transport excavated material off-site unless the trucks are maintained such
that no spillage can occur from holes or other openings in cargo compartments, and
loads are either: covered with tarps; wetted and loaded such that the material does not
touch the front, back, or sides of the cargo compartment at any point less than 6" from
the top and that no point of the load extends above the top of the cargo compartment.
AQ-6. Prior to the issuance of any Grading or Building Permits, the Applicant shall demonstrate
to the Director of Community Development's satisfaction that dust generated by grading
activities shall comply with the South Coast Air Quality Management District Rule 403
and the City Municipal Code requirements that require regular watering for the control of
dust.
AQ-7. During construction, including grading, excavating, and land clearing, all excavating and
grading activities shall cease when winds gusts (as instantaneous gusts) exceed 25
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mph. To assure compliance with this measure, grading activities are subject to periodic
inspections by City staff.
AQ-8. During construction, including grading, excavating, and land clearing, construction
equipment shall be kept in proper operating condition, including proper engine tuning and
exhaust control systems.
BI0-1. Prior to any grading or permit issuance, vegetation needed to be cleared for fuel
modification shall be offset by the property owner using a 2:1 ratio for CSS, a 0.5:1 ratio
for non-native grassland, and a 3:1 ratio for native grassland as described in the
Council-adopted NCCP for loss occurring in an area greater than 0.3 acres by using one
of the following two methods: 1) With the approval of the City, PVPLC, and the Wildlife
Agencies, the property owner shall dedicate additional acreage to the Palos Verdes
Nature Preserve that will add to the biological function of the Preserve and the property
owner shall provide management funding for the additional acreage according to a
Property Analysis Record or similar method); or 2) Payment of a mitigation fee to the
City's Habitat Restoration Fund, pursuant to the City's NCCP Subarea Plan. If the
revegetation option is selected, the Palos Verdes Peninsula Land Conservancy (PVPLC)
shall be hired by the City, at the property owner's expense, to grow and plant the
required vegetation.
BI0-2. Prior to commencing construction, the construction area shall be clearly delineated with
fencing or other boundary markers. Temporary fencing (with silt barriers) shall be
installed at the limits of Project impacts to prevent habitat impacts and prevent the
spread of silt from the construction zone into adjacent habitats (i.e. Altamira Canyon).
Fencing shall be installed in a manner that does not affect adjacent habitats to be
avoided and in compliance with Section 17.56.020.0 of the RPVMC.
BIO-3. Prior to commencing construction, a pre-grading meeting shall occur to inform the
construction contractor of the biological/jurisdictional constraints (Altamira Canyon) of
this Project. The Project limits shall be clearly marked on Project maps provided to the
construction contractor and areas outside of the Project limits shall be designated as "no
construction" zones.
BI0-4. During construction, construction workers shall strictly limit their activities, vehicles,
equipment, and construction materials to the designated construction limits.
BI0-5. During construction, all equipment maintenance, staging, and dispensing of fuel, oil,
coolant, or any other such activities shall occur in designated areas within the fenced
Project limits. These designated areas shall be located in previously compacted and
disturbed areas, in such a manner to prevent runoff into adjacent areas and shall be
shown on the construction plans. Fueling of equipment shall take place on level
surfaces and contractor equipment shall be checked daily for leaks prior to operation
and repaired as necessary.
BI0-6. During construction, the construction work zone shall be kept as clean of debris as
possible to avoid attracting predators of native and sensitive wildlife. All food-related
trash items shall be enclosed in sealed containers and removed daily from the
construction work zone.
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BIO-7. In order to avoid unnecessary impacts, should any non-listed species be found within
the property, they shall be avoided and allowed to leave the Project site on their own
volition, or a qualified biologist shall relocate them outside of the Project site.
BIO-8. Pets of project personnel shall not be allowed on the Project site during construction.
BIO-9. Prior to any grading or building permit issuance, a qualified biologist shall review the
landscape plans to ensure that that no invasive, non-native plant species are used in
any proposed landscaping. The Landscape Plan shall include a plant palette that
consists of native plants and non-invasive species.
BIO-10. Prior to commencing construction, a Stormwater Pollution Prevention Plan (SWPPP)
shall be prepared to reduce the potential for accidental releases of fuel, pesticides, and
other materials. This plan shall outline refueling locations, emergency response
procedures, and reporting requirements. During construction, equipment for immediate
cleanup shall be kept at the staging area. This plan shall also include erosion control
measures to control surface runoff, erosion, and sedimentation outside of the project
footprints.
BIO-11. A qualified biologist shall monitor construction during clearing, grubbing, and initial
excavation activities, as needed. The biological monitor shall ensure that, if present,
nesting birds in the Project vicinity are not impacted (change in normal behaviors) and
that construction workers stay within the designated footprint of the construction work
zone, as delineated by fencing, to avoid trespass on foot or in vehicles into sensitive
habitats, such as Altamira Canyon along the eastern perimeter of the Project site.
BIO-12. The clearance of vegetation during construction shall occur outside of the nesting
season (generally February 1 through September 1). If avoiding the nesting season is
not practicable, the following additional measures shall be employed:
A pre-construction nesting survey shall be conducted by a qualified biologist within 3
days prior to the start of construction activities to determine whether active nests are
present within or directly adjacent to the construction zone. All nests found shall be
recorded.
If construction activities must occur within 300 feet of an active nest of any passerine bird
or within 500 feet of an active nest of any raptor, with the exception of an emergency, a
qualified biologist shall monitor the nest on a weekly basis, and the construction activity
shall be postponed until the biologist determines that the nest is no longer active.
If the recommended nest avoidance zone is not feasible, the qualified biologist shall
determine whether an exception is possible and obtain concurrence from the resource
agencies before construction work can resume within the avoidance buffer zone. All work
shall cease within the avoidance buffer zone until either agency concurrence is obtained
or the biologist determines that the adults and young are no longer reliant on the nest
site.
CUL-1. Prior to the issuance of any grading or building 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.
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CUL-2. Prior to the issuance of any grading or building permit, the Applicant shall conduct a
Phase 1 archaeological survey of the property for approval by the Director of Community
Development.
CUL-3. Prior to the commencement of grading, the Applicant shall retain a qualified
paleontologist and archeologist to monitor grading and excavation. In the event
undetected buried cultural resources are encountered during grading and excavation,
work shall be halted or diverted from the resource area and the archeologist and/or
paleontologist shall evaluate the remains and propose appropriate mitigation measures.
GEO-1. Prior to issuance of any building or grading permit, the Applicant shall submit any
information required by the City Geologist, including a soils report, and/or a geotechnical
report, for the review and approval of the City Geologist. The Applicant shall comply with
any requirements imposed by the City Geologist and shall substantially repair the
geologic conditions to the satisfaction of the City Geologist.
GEO-2. Prior to issuance of any building or grading permit, a Hold Harmless Agreement,
satisfactory to the City Attorney promising to defend, indemnify, and hold the City
harmless from any claims or damages resulting from the requested project, shall be
submitted to the Director of Community Development for recordation with the Los
Angeles County Recorders Office.
GEO-3. Prior to issuance of any building or grading permit, the Applicant shall submit for
recordation a covenant, satisfactory to the City Attorney, agreeing to construct the
project strictly in accordance with the approved plans; and agreeing to prohibit further
projects on the subject site without first filing an application with the Director. Such
covenant shall be submitted to the Director of Community Development for recordation
with the Los Angeles County Recorders Office.
GEO-4. Prior to issuance of any grading or building permit, the Applicant shall prepare an
erosion control plan for the review and approval of the Building Official. The Applicant
shall be responsible for continuous and effective implementation of the erosion control
plan during project construction.
HAZ-1. Prior to issuance of a building permit, the new single-family residences and related
accessory structures shall be designed to incorporate all applicable fire protection
requirements of the City's most recently adopted Building Code, to the satisfaction of the
Building Official.
HYD-1. Prior to the issuance of a grading and/or building permit, the Applicant shall submit for
review and approval by the City's Building Official an Erosion Control Plan that shall
include BMPs for erosion, sedimentation and run-off control during construction activities
to protect the water quality. Additionally, the Erosion Control Plan shall include post-
construction BMPs that apply to runoff from the future buildings, including roof run-off.
HYD-2. Prior to the issuance of a grading and/or building permit for new construction, the
Applicant shall submit and obtain approval of a Drainage Plan by the City's Building &
Safety Division and the City's Director of Public Works finding that stormwater runoff as a
result from the development of the subject site is designed to flow and utilize an on-site
drainage system that directs runoff from all buildings and structures on the site shall be
contained and directed to the streets or an approved drainage course. If lot drainage
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deficiencies are identified by the Director of Public Works, all such deficiencies shall be
corrected by the Applicant.
HYD-3. All landscaping irrigation systems shall be part of a water management system
approved by the Director of Public Works. Irrigation for landscaping shall be permitted
only as necessary to maintain the yard and garden.
N-1. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted
on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos
Verdes Development Code. During demolition, construction and/or grading operations,
trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-
of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do so,
the construction contractor shall provide staging areas on-site to minimize off-site
transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties, subject to
approval by the building official.
N-2. The project shall utilize construction equipment equipped with standard noise insulating
features during construction to reduce source noise levels.
N-3. All project construction equipment shall be properly maintained to assure that no additional
noise, due to worn or improperly maintained parts is generated during construction.
UTL-1.Pursuant to the City-approved Landslide Moratorium Exception Permit (ZON2016-00170)
issued on October 30, 2017, prior to the issuance of any grading or building permit for
the project the sewer lateral that serves the Applicant's property shall be inspected by
the Public Works Department to verify that there are no cracks, breaks or leaks. If such
deficiencies are present, the sewer lateral shall be repaired or reconstructed to eliminate
them prior to any grading or building permit issuance.
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