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19 - P.C. Staff Report dated February 28, 2012P.C. Staff Report (February 28, 2012) ATTACHMENT - 185 L Awk -, RANCHO PALOS VERDES TO: CHAIRMAN AND MEMBERS OFT PLANNING COMMISSION FROM: JOEL ROJAS, OMMUNITY DEVE M NT ECTOR DATE: FEBRUARY 28, 2012 SUBJECT: GENERAL PLAN AMENDMENT, ZONE CHANGE, ENVIRONMENTAL ASSESSMENT, HEIGHT VARIATION AND GRADING PERMIT (CASE NO. 2010-00025); PROJECT ADDRESS — 10 CHAPARRAL (APPLICANT/LANDOWNER — FRANK COLARUOTOLO) Staff Coordinator: So Kim, Associate Planner RECOMMENDATION Adopt Resolution No. 2012-_, recommending that the City Council certify a mitigated negative declaration and conditionally approve the requested General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Grading Permit (Case No. ZON2010-00025) for the construction of a new single-family residence. BACKGROUND On September 23, 2008, the applicant submitted an application, requesting approval to change the land use and zoning designation to adjust the boundary line and construct one single-family residence on a subject lot. The application was presented to the Planning Commission on September 13, 2011 with Staffs recommendation to continue the hearing to an unspecified date to assess new information (grading on a neighboring property) and address trail issues raised by interested parties. Subsequently, the Planning Commission continued the public hearing to an unspecified date to allow the applicant to work with Staff to resolve said issues (refer to the attached September 13, 2011 Staff Report and Minutes). The applicant has worked with Staff to resolve the issues and a new public hearing was scheduled and publicly noticed. DISCUSSION The proposed project includes the relocation of the General Plan land use and zoning designation boundary line on the subject property. The applicant desires to relocate the boundary line in a northerly direction so that the only flat area on the property can be entirely within the residential zone, which would allow him to develop on the flat area and not over the extreme slope. In conjunction with the boundary line relocation request, the applicant is requesting approval to construct a new 6,838ft' two-story residence with 2,000yd3 (500yd3 cut & 1,500yd3 fill) of related grading. This request was presented to the Planning Commission on September 13, 2011. As discussed in the attached September 13th Staff Report, Staff was in support of the proposed land use and zoning designation boundary line relocation request and felt that all the necessary findings could be made to approve the Height Variation and Grading Permit applications to allow construction of a new residence on the flat area on the lot. However, on September 13th, Staff recommended continuance of the proposal to address a couple of concerns raised by the public in ATTACHMENT - 186 P.C. Staff Report (Case No. ZON2010-00025) February 28, 2012 Page 2 response to the public notice. These issues are discussed in detail below. Grading on 8 Chaparral Lane The City Geologist conceptually approved the proposed project, provided that potential erosion and/or landslide deficiencies are mitigated with the construction of a caisson wall at the bottom of the slope adjacent to the lot's access point. This caisson wall was assumed to be constructed entirely on the subject property. However, after the preparation of the September 13, 2011 Staff Report, it came to Staff's attention that the proposed caisson wall and related grading would need to be located on the abutting property located at 8 Chaparral Lane. As a result, the applicant was required to submit revised plans that show the accurate location of said caisson walls and obtain the neighbor's authorization to move forward with the improvements on the neighbor's property. Staff also directed the applicant to submit additional information to the City Geologist on this change. The applicant's revised proposal includes 75yd3 of excavation to construct a retaining wall (height ranging from 2' to 8') with a series of caissons along the south side of Chaparral Lane on the abutting vacant property (8 Chaparral) leading to the subject property. The applicant was able to obtain the neighbor's authorization for said improvements and the City Geologist's approval. Since the improvements on the neighbor's property were not assessed as part of the Initial Study, Staff initially thought that a revised Mitigated Negative Declaration (MND) would need to be re- circulated for review. However, given that the neighbor's authorization was obtained and no new conditions were required by the City Geologist in reviewing the revised plan, there are no changes to the mitigation measures. One of the original mitigation measures for geology/soils included the "construction of a caisson wall to be built against the upslope for stabilization, prior to construction of the proposed residence". The only difference between then and now is that the proposed caisson wall is clarified to be constructed across both 8 and 10 Chaparral Lane. Therefore, there are no changes to the mitigation measures outlined in the original MND. Trail Connection During the processing of the pending application, the public expressed their desire to maintain a trail connection on the subject site. The City's Conceptual Trails Plan states that when the Chaparral Lane was developed, it replaced an important access trail. At the time the properties on Chaparral Lane were developed, there was considerable City involvement to provide for a continued equestrian access to the canyon. However, no formal recorded agreement allowing equestrian use of Chaparral Lane was memorialized. However, there is an existing path on the subject property located on the proposed building area that the residents have been using as a trail connection to the Georgette Canyon Trail in Rolling Hills Estates. Members of the public expressed to Staff that they would like a continued trail connection to the Georgette Canyon Trail from Chaparral Lane. Based on these concerns, the applicant is proposing to provide an easement that begins at the new driveway entrance, following the easterly property line to an existing trail on the abutting property at 7 Chaparral Lane. This would allow a continued trail connection from Chaparral Lane to the Georgette Canyon Trail. The applicant is also voluntarily proposing to dedicate nearly a third of his property to the City for future trail uses. The City's Conceptual Trails Plan identifies a horizontal (east to west) trail connection along the northern portion of the subject property that would connect the canyon on the ATTACHMENT - 187 P.C. Staff Report (Case No. ZON2010-00025) February 28, 2012 Page 3 westerly abutting property with the Georgette Canyon Trail to the east. The City's Trail Consultant walked the site and determined that said area is too steep to be used as a path unless the City decides to improve a trail. Regardless, the applicant is proposing to dedicate nearly the entire northerly portion of his property that will remain with an Open Space Hazard zoning designation for a future trail connection. As part of the proposed project, the applicant is planning to construct an upsloping retaining wall on the southern side of the building area. The applicant is proposing to dedicate a trail easement along north side of this retaining wall that provides a horizontal connection from the east to the west side of the subject property. The applicant is proposing an easement in this area because after construction of the proposed retaining wall, a usable path can be created beyond the wall for a feasible trail that leads from Chaparral Lane to the canyon to the west. It should be noted that this trail easement area is not an identified area per the Conceptual Trails Plan. Lastly, the Conceptual Trails Plan (CTP) identifies a trail that would start at Bronco Drive near the north point of Mustang Road, extending downward to an existing trail on 7 Chaparral Lane and ultimately to Georgette Canyon Trail in Rolling Hills Estates. The applicant is proposing to provide a trail easement on the south side of his property along the west property line that would then curve east to the abutting property at 8 Chaparral Lane for a future trail connection from Bronco Drive to Chaparral Lane. To make this Bronco Trail route entirely feasible, the vacant property owner immediately north of the subject property on Bronco Drive and 8 Chaparral Lane located immediately east of the subject property would need to dedicate trail easements on their properties. All of these proposed trail easements are located on the attached site plan and a condition of approval is proposed requiring that said easements be recorded prior to the issuance of building permits. Staff feels that the applicant has made tremendous efforts to provide trail easements beyond what is identified in the CTP for the trail users in the area. Through the proposed easement dedications, Staff feels that all concerns regarding trail connections have been resolved. ADDITIONAL INFORMATION The original decision deadline was February 1, 2012. However, the applicant agreed to a 90 -day extension at the September 13, 2011 Planning Commission meeting, in case this deadline would not be met, resulting in a new deadline of May 1, 2012. CONCLUSION Notwithstanding the analysis of the new grading being proposed on the neighboring vacant property at 8 Chaparral and the trail issues raised by the public, the proposed project involving a relocation of the land use and zoning designation boundary line and the construction of a new two-story residence meets all required findings and neighborhood compatibility guidelines as evidenced in the attached September 13, 2011 Staff Report. Since the proposed improvements on 8 Chaparral Lane and trail issues have been adequately addressed, Staff recommends that the Planning Commission recommend that the City Council conditionally approve the proposed project (ZON2010-00025). ATTACHMENT - 188 f P.C. Staff Report (Case No. ZON2010-00025) February 28, 2012 Page 4 ALTERNATIVES The following alternatives are available for the Planning Commission's consideration: Identify any issues of concern with the proposed project, provide Staff and/or the applicant with direction in modifying the project, and continue the public hearing to a date certain. 2. Deny, without prejudice, the General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Grading Permit (Case No. ZON2010-00025). ATTACHMENTS • Resolution No. ZON2012-_ • Minutes (September 13, 2011) • Staff Report (September 13, 2011) • Mitigated Negative Declaration • Conceptual Geology Approval • Geology Report (dated February 1, 2011) ATTACHMENT - 189 P.C. RESOLUTION NO. 2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL CERTIFY A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVE A GENERAL PLAN AMENDMENT, ZONE CHANGE, ENVIRONMENTAL ASSESSMENT, HEIGHT VARIATION AND GRADING PERMIT (ZON2010-00025) TO ALLOW THE RELOCATION OF A GENERAL PLAN LAND USE BOUNDARY LINE BETWEEN RESIDENTIAL & ENVIRONMENT/HAZARD AND THE ZONING BOUNDARY LINE BETWEEN SINGLE-FAMILY RESIDENTIAL (RS -2) & OPEN SPACE HAZARD TO A MORE NORTHERLY LOCATION SO THAT THE MORE LEVEL AREA OF THE LOT CAN BE DEVELOPED WITH A NEW .6,838FT2 TWO-STORY RESIDENCE WITH 2,000YD3 OF GRADING AT 10 CHAPARRAL LANE AND 75YD3 OF GRADING FOR AN 8' TALL RETAINING WALL AT 8 CHAPARRAL LANE.. WHEREAS, on July 15, 2008, the City Council approved a General Plan Initiation Request, allowing the applicant to proceed with the pursuit of proposed changes to the General Plan land use and zoning designation to adjust the boundary line between the portion designated as "residential" and the portion designated as "hazard" on the subject property; and, WHEREAS, on September 23, 2008, the applicant submitted applications (SUB2008- 00005, ZON2008-000509, ZON2008-00510, ZON2008-00511 & ZON2008-00512) to relocate the land use and zoning designation boundary line, subdivide the subject lot into three separate parcels and develop each lot with a single-family residence. Over the next two years, the applicant changed the scope of the project and then ultimately withdrew his application; and, WHEREAS, on January 19, 2010, the applicant submitted a new application, requesting to relocate the land use and zoning designation boundary line and construct one single-family residence on the subject lot; and, WHEREAS, on January 21, 2010, the project was deemed incomplete based on missing information; and, WHEREAS, on August 1, 2011, the project was deemed complete after subsequent reviews; and, WHEREAS, a notice was published on August 4, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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 with appropriate mitigation, there is no substantial evidence that the approval of ZON2010-00025 would result in a significant adverse effect upon the environment and, therefore, a Mitigated Negative Declaration has been prepared and notice of same was given in the manner required by law; and, P.C. Resolution No. 2012 - Page 1 ATTACHMENT - 190 WHEREAS, on September 13, 2011, the Planning Commission held a duly noticed public hearing and continued the public hearing to an unspecified date to allow Staff and the applicant to address grading and trail connection issues raised by the public; and, WHEREAS, a notice was published on January 26, 2012, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on February 28, 2012, the Planning Commission held a duly noticed public hearing, 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 Planning Commission has independently reviewed and considered the proposed Mitigated Negative Declaration, the public comments upon it, and other evidence prior to taking action on the proposed project and finds that the Mitigated Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that, with appropriate mitigation measures, the approval of Case No. ZON2010-00025, a General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Grading Permit would result in a significant adverse effect upon the environment. Section 2: With the appropriate mitigation measures that address impacts upon biological resources; geology and soils; and hydrology and water quality, the project will not have a significant impact. Section 3: Approval of a General Plan amendment is warranted because the proposal is internally consistent with the General Plan. More specifically, the proposed relocation of the General Plan land use boundary line would allow only the relatively flat area on the subject property to be entirely outside of the Natural Environment/ Hazard designation and be completely within the Residential land use designation. The remaining extreme slope beyond the new buildable area would remain as Natural Environment/Hazard. Further, the surrounding area is a developed residential tract and thus the boundary line relocation would be consistent with the land use designation of the immediate developed neighborhood. Section 4: That the proposed change in the General Plan is warranted since the proposed amendment is in the public's interest because it would further differentiate the only pad area of the property from the sloping areas. Section 5: The proposed change in the zoning designation is warranted because it would be compliant with the General Plan. With the change in the General Plan land use designation allowing the only relatively flat area on the property to be residential, changing the zoning designation from Open Space Hazard to Single -Family Residential would allow development of a single dwelling unit on the relatively flat area rather than over extreme slopes. Nearly a third of the lot, consisting of slopes would be dedicated to the City for future trail purposes. Section 6: A Height Variation to allow the proposed 6,838ft2 two-story residence measuring up to 26' in height is warranted because: P.C. Resolution No. 2012 - Page 2 ATTACHMENT - 191 A. The applicant has complied with the early neighbor consultation process established by the city by providing signatures from 60% of the total number of landowners within a 500' radius of the subject property. B. The proposed new structure that is above 16' in height does not significantly impair a view from public property (parks, major thoroughfares, bike ways, walkways or equestrian trails) which has been identified in the city's general plan or coastal specific plan, as city -designated viewing areas since there are none in close proximity. C. The proposed new structure is not located on a ridge or promontory, as defined in the Development Code because the subject property is located within a developed single-family residential tract. D. The area of the proposed new structure that is above 16' in height, when considered exclusive of existing foliage, does not significantly impair a view from the viewing area of another parcel. More specifically, the views are in a northerly direction and therefore the properties located to the north, east and west are not affected by the proposed project. Additionally, the properties located to the south are not affected by the proposed project because they are approximately 100' higher in elevation than the subject property. E. There is no significant cumulative view impairment caused by granting the application since there is no view impairment caused by the proposed project. F. The proposed structure complies with all other code requirements, including, but not limited to setbacks, lot coverage and enclosed parking. G. The proposed structure is compatible with the immediate neighborhood character. More specifically, the proposed structure size will not be out of scale because the lot is located at the end of the street and the closest point of the proposed structure will be located more than 59' away from the front property line; 10% of the proposed structure size is a basement located below grade; and various design features are used to minimize the apparent bulk/mass of the new structure. Furthermore, the proposed fagade treatments, architectural style, structure height, roof design, number of stories, setbacks, building materials and bulk/mass of the new residence blends in with the neighborhood character. H. The new construction that is above 16' in height does not result in an unreasonable infringement of the privacy of the occupants of abutting residences, because the proposed structure will be placed more than 159' away from the nearest home. Section 7: Approval of a Major Grading Permit to allow 2,000yd3 (500yd3 cut & 1,500yd3 fill) of earth movement on 10 Chaparral Lane and 75yd3 of grading on 8 Chaparral Lane is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the subject lot is residential as identified in the City's General Plan and Zoning Map. More specifically, a total of 2,000yd3 of grading is proposed to raise the building pad area by approximately 4.5' for a new residence and fill the driveway area by 8' in height so that an access can be constructed P.C. Resolution No. 2012 - Page 3 ATTACHMENT - 192 without exceeding 20% gradient. A separate excavation of 75yd3 is proposed across 8 and 10 Chaparral Lane, on the north side of the street to stabilize the access to the subject property. B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties because there are no views across the proposed grading/construction area, as discussed in Section 4(D). C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. More specifically, the proposed grading minimizes disturbance of the lot by altering only 20% of the slopes primarily to stabilize the area around the building pad for development. The remaining slopes on the subject property will remain untouched and a third of the parcel consisting of slopes will be dedicated as an easement to the City for future trail purposes. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. More specifically, the proposed grading preserves natural topographic features of the site by altering only 20% of the lot, while nearly a third of the property consisting of slopes will be dedicated to the City for trail purposes. E. For new single-family residences, the grading and/or related construction is compatible with the immediate neighborhood character, as discussed in Section 4(G). F. The grading does not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation with mitigation measures that require clearing and grading on site to occur only outside of the avian nesting season. G. The grading does not conform to standards detailed under 17.76.040(E)(9) for creating maximum finished slopes in excess of 35% steepness. However, the proposed grading in excess of that permissible under 17.76.040(9) is warranted because: The criteria of subsections 17.76.040(E)(1) through (E)(8) are satisfied; ii. The approval is consistent with the purposes of the Grading Permit. The purpose of the Grading Permit is to 1) permit reasonable development of land and minimizing fire hazards; 2) ensure the maximum preservation of the natural scenic character of the area consistent with reasonable economic use of such property; 3) ensure that the development of each parcel of land occurs in a manner harmonious with adjacent lands; and 4) ensure that each project complies with all goals and policies of the general plan, specific plan and any amendments. More specifically, the proposed grading is consistent with the purposes of the Grading Permit because it allows reasonable development of the intended use of the property without adversely affecting surrounding properties while consistent with the RS -2 zoning designation for the area. The proposed grading alters 20% of the property while the remainder of the lot will P.C. Resolution No. 2012 - Page 4 ATTACHMENT - 193 be untouched, ensuring maximum preservation of the natural character of the property after reasonable development. Additionally, nearly a third of the property consisting of slopes will be dedicated as an easement to the City for future trail purposes. Furthermore, the proposed development does not alter the existing neighborhood character and is designed in a harmonious manner with neighboring properties, as evidenced in Section 4(G). Lastly, the proposed project is consistent with the policies in the General Plan as evidenced in Section 2. iii. Departure from the standards in subsection 17.76.040(E)(9) will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity. More specifically, the reason for creating man-made slopes in excess of 35% is to blend the altered area with the existing 2:1 slopes on the property. The remaining slopes on the lot will remain untouched. Additionally, there are other properties in close proximity that were allowed similar deviations that were necessary for the development of the lot. iv. Departure from the standards of subsection 17.76.040(E)(9) will not be detrimental to the public safety nor to other property. More specifically, the proposed improvements will require geotechnical review and issuance of a Building Permit, thereby ensuring that the improvements will not be detrimental to or injurious to other properties and improvements in the area. Section 8: The Planning Commission action on this matter is advisory only; with the final action on the matter being taken by the City Council at a future duly noticed public hearing. Nonetheless, any interested person aggrieved by this decision or any portion of this decision may appeal it to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, March 14, 2012. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on March 14, 2012. Section 9: For the foregoing reasons and based on the information and findings included in the Staff Report, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council; a) Adopt the Mitigated Negative Declaration, b) Approve the General Plan Amendment, thereby relocating the boundary line to a more northerly location to the top of slope at the bottom of the new building area, thus modifying the General Plan land use from Natural Environment/Hazard to Residential, c) Approve the Zone Change, thereby relocating the boundary line to a more northerly location to the top of slope at the bottom of the new building area, thus rezoning from Open Space Hazard (OH) to Single Family Residential (RS -2), d) Conditionally approve the Height Variation and Grading Permit, thereby allowing the construction of a 26' tail, 6,838ft2, two-story, single-family residence with 2,000yd3 of related grading on 10 Chaparral Lane and 75yd3 of grading for the construction of an 8' tall caisson wall on 8 Chaparral Lane. P.C. Resolution No. 2012 - Page 5 ATTACHMENT - 194 PASSED, APPROVED AND ADOPTED this 28th day of February 2012, by the following vote: AYES: NOES: ABSTENTIONS: RECUSALS: ABSENT: Joel Rojas, AICP Community Development Director; and, Secretary of the Planning Commission David L. Tomblin, Chairman P.C. Resolution No. 2012 - Page 6 ATTACHMENT - 195 EXHIBIT 'A' CONDITIONS OF APPROVAL FOR CASE NO. ZON2010-00025 10 CHAPARRAL LANE General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 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 Community Development Director 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 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, 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. 7. 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 one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 8. 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. 9. 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 P.C. Resolution No. 2012 - Page 7 ATTACHMENT - 196 date of this Resolution. 10. 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. 11. 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. Trucks shall not park, queue and/or idle at the project site or in the adjoining public rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the permitted hours of construction stated in this condition. 12. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner. Temporary portable bathrooms shall be provided on a construction site if required by the City's Building Official. Said portable bathrooms shall be subject to the approval of the City's Building Official and shall be placed in a location that will minimize disturbance to the surrounding property owners. Project Specific Conditions: 14. This approval is for a 6,838 ft2, two-story single-family residence, which includes a 675ft2 three -car garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 15. The maximum ridgeline of the approved project is 717.5' with an overall maximum height of 26', as measured from the point where the lowest foundation or slab meets finished grade, to the ridgeline. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the Finished Floor Elevation at 695'. 16. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 40% lot coverage (10% proposed). 17. The approved residence shall maintain setbacks of 59'-3" front (E), 164" rear (W), 181'- 7" north side and 273'-4" south side. BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 18. A minimum of three enclosed parking spaces shall be provided and maintained in a garage, and a minimum of three unenclosed parking spaces shall be provided and maintained as a driveway on the property. P.C. Resolution No. 2012 - Page 8 ATTACHMENT - 197 19. An enclosed parking space shall have an unobstructed ground space of no less than 9' in 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. 20. The driveway shall be a minimum width of 10' and a paved 25' turning radius shall be provided between the garage or other parking area and the street of access for driveways. 21. The driveway shall not exceed 20% slope. 22. This approval is for 2,000yd3 of grading primarily to raise the building pad and driveway area, consisting of 1,500yd3 of cut and 500yd3 of fill. The maximum depth of cut and/or fill shall be 8'. Additionally, an 8' tall retaining wall is allowed against the ascending southerly slope. 23. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 24. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 25. Maximum hardscape coverage within the 20 -foot front -yard setback area shall not exceed 50%. 26. 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. 27. The proposed easements shown on the plans presented to the Planning Commission on February 28, 2012 shall be dedicated to the City, prior to the issuance of Building Permits. Mitigation Measures: 28. Clearing and grubbing of the site should occur outside the avian nesting season (approximately February 1 — August 31). If clearing and grubbing of the project site occurs between February 1 and August 31, a preconstruction survey for nesting birds shall be conducted by a qualified biologist. The property owner shall be responsible to implement this mitigation measure prior to clearing and/or grading, to be verified by the Community Development Department. 29. If nesting birds occur in the impact area, a buffer around the nest will be flagged as determined by a qualified biologist and up to 500' from the nest. All activities will occur outside the buffer area until a qualified biologist has determined that the young are no longer dependent on the nest and that no new nesting activity has occurred in the flagged area by another pair of birds. The property owner shall be responsible to implement this mitigation measure prior to clearing and/or grading, to be verified by the Community Development Department. P.C. Resolution No. 2012 - Page 9 ATTACHMENT - 198 30. Any impacts to coastal sage scrub habitat shall be mitigated by the project pursuant to the City's NCCP. 31. A caisson wall shall be used to mitigate a landslide. This wall shall be installed under a separate permit prior to construction of the proposed residence. The property owner shall be responsible to implement this mitigation measure prior to construction, to be verified by the Community Development Department. 32. An as built geotechnical report shall be prepared by the project geotechnical consultant following grading/construction for the subject site improvements. The report shall include the results of all field density testing, depth of reprocessing and recompaction, depth and locations of any caissons, as well as a map depicting the limits of grading, locations of all density testing, and geologic conditions exposed during grading/excavation. The report shall include conclusions and recommendations regarding applicable setbacks, foundation recommendations, slope stability, erosion control and any other relevant geotechnical aspects of the site. The property owner shall be responsible to implement this mitigation measure prior to Building & Safety permit issuance. 33. A stormwater pollution prevention management plan shall be required for review and approval, prior to Building & Safety Division permit issuance. 34. No construction or storage of construction materials would be allowed outside the designated construction limits. Prior to construction, the limits shall be flagged and/or fenced with highly visible flagging. The staging area shall be located outside of streambed. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. 35. In temporary construction areas susceptible to erosion, such as bare hillsides, silt fence and fiber rolls shall be used to stabilize these areas and minimize erosion until vegetation can be reestablished. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. 36. All hazardous materials shall be property stored. If discharge occurs, the spill shall be cleaned by trained personnel using appropriate methods. The property owner shall be responsible to implement this mitigation measure prior to and during construction, to be verified by the Community Development Department. P.C. Resolution No. 2012 - Page 10 ATTACHMENT - 199 Exhibit A Mitigation Monitoring Program Project: Case No. ZON2010-00025 (General Plan Amendment, Zone Change, Environmental Assessment, Height Variation, Grading Permit and Site Plan Review) Location: 10 Chaparral Lane Rancho Palos Verdes, CA 90275 Applicant/ Landowner: Frank Colaruotolo TABLE OF CONTENTS I. Introduction.........................................................................................................................2 Purpose.....................................................................................................................................2 Environmental Procedures.........................................................................................................2 Mitigation Monitoring Program Requirements............................................................................................ 2 Management of the Mitigation Monitoring Program................................................................................... 3 Rolesand Responsibilities.......................................................................................................................... 3 Mitigation and Monitoring Program Procedures......................................................................................... 3 Mitigation Monitoring Operations................................................................................................................ 3 Ill. Mitigation Monitoring Program Checklist.................................................................................................... 5 IV. Mitigation Monitoring Summary Table........................................................................................................ 6 Mitigation Monitoring Program Exhibit A - Page 1 Resolution No. 2012 - ATTACHMENT - 200 I. INTRODUCTION PURPOSE This Mitigation Monitoring Program (MMP) is to allow the following project at 10 Chaparral Lane, located at the end of a cul-de-sac, in the City of Rancho Palos Verdes: Relocate the General Plan Land Use (Residential & Natural Environment/Hazard) and Zoning [Single Family Residential (RS -2) & Open Space Hazard] designation boundary line in a northerly direction so that the only flat area suitable for development on the property is entirely outside of the Open Space Hazard zoning district. Additionally, the request includes the construction of a new 6,838ft2 two-story residence with 2,000yd3 of related grading on the property located at 10 Chaparral Lane and 75yd3 of grading for an 8' tall caisson wall at 8 The MMP responds to Section 21081.6 of the Public Resources Code., which requires a lead or responsible agency that approves or carries out a project where a Mitigated Negative Declaration has identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." The City of Rancho Palos Verdes is acting as lead agency for the project. An Initial Study/Mitigated Negative Declaration was prepared to address the potential environmental impacts of the project. Where appropriate, this environmental document recommended mitigation measures to mitigate or avoid impacts identified. Consistent with Section 21080 (2)(c) of the Public Resources Code, a mitigation reporting or monitoring program is required to ensure that the adopted mitigation measures under the jurisdiction of the City are implemented. The City will adopt this MMP when adopting the Mitigated Negative Declaration. ENVIRONMENTAL PROCEDURES This MMP has been prepared in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.) and the State Guidelines for Implementation of CEQA (CEQA Guidelines), as amended (California Administrative Code Section 15000 et seq.). This MMP complies with the rules, regulations, and procedures adopted by the City of Rancho Palos Verdes for implementation of CEQA. MITIGATION MONITORING PROGRAM REQUIREMENTS Section 21081.6 of the Public Resources Code states: "When making the findings required by subdivision (a) of Section 21081 or when adopting a negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21081, the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program." Mitigation Monitoring Program Exhibit A - Page 2 Resolution No. 2012 - ATTACHMENT - 201 11. MANAGEMENT OF THE MITIGATION MONITORING PROGRAM ROLES AND RESPONSIBILITIES The MMP for the project will be in place through all phases of the project including final design, pre -grading, construction, and operation. The City will have the primary enforcement role for the mitigation measures. MITIGATION MONITORING PROGRAM PROCEDURES The mitigation monitoring procedures for this MMP consists of, filing requirements, and compliance verification. The Mitigation Monitoring Checklist and procedures for its use are outlined below. Mitigation Monitoring Program Checklist The MMP Checklist provides a comprehensive list of the required mitigation measures. In addition, the Mitigation Monitoring Checklist includes: the implementing action when the mitigation measure will occur; the method of verification of compliance; the timing of verification; the department or agency responsible for implementing the mitigation measures; and compliance verification. Section III provides the MMP Checklist. Mitigation Monitoring Program Files Files shall be established to document and retain the records of this MMP. The files shall be established, organized, and retained by the City of Rancho Palos Verdes department of Community Development Compliance Verification The MMP Checklist shall be signed when compliance of the mitigation measure is met according to the City of Rancho Palos Verdes Community Development Director. The compliance verification section of the MMP Checklist shall be signed, for mitigation measures requiring ongoing monitoring, and when the monitoring of a mitigation measure is completed. MITIGATION MONITORING OPERATIONS The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure: The City of Rancho Palos Verdes, Community Development Directorshall designate a party responsible for monitoring of the mitigation measures. 2. The City of Rancho Palos Verdes, Community Development Director shall provide to the party responsible for the monitoring of a given mitigation measure, a copy of the MMP Checklist indicating the mitigation measures for which the person is responsible and other pertinent information. 3. The party responsible for monitoring shall then verify compliance and sign the Compliance Verification column of the MMP Checklist for the appropriate mitigation measures. Mitigation measures shall be implemented as specified by the MMP Checklist. During any project phase, unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The City of Rancho Palos Verdes, Community Development Director with advice from Staff or another City department, is responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined, the Community Development Director would document the change and shall notify the appropriate design, construction, or operations personnel about refined requirements. Mitigation Monitoring Program Exhibit A - Page 3 Resolution No. 2012 - ATTACHMENT - 202 Ill. ::::rGATION MONITORING PROGRAM f ,:atCKLIST INTRODUCTION This section provides the MMP Checklist for the project as approved by the Planning Commission of the City of Rancho Palos Verdes on March 28, 2006. Mitigation measures are listed in the order in which they appear in the Initial Study. Types of measures are project design, construction, operational, or cumulative. Time of Implementation indicates when the measure is to be implemented. Responsible Entity indicates who is responsible for implementation. Compliance Verification provides space for future reference and notation that compliance has been monitored, verified, and is consistent with these. mitigation measures. Mitigation Monitoring Program Exhibit A - Page 4 Resolution No. 2012 - ATTACHMENT - 203 MITIGATION MEASURES TYPE TIME OF RESPONSIBLE COMPLIANCE IMPLEMENTATION ENTITY VERIFICATION B-1. Clearing and grubbing of the site should occur outside the avian nesting season (approximately February 1 —August 31). If clearing and grubbing of the project site Construction Prior to clearing and/or grading Property Owner / applicant Community Development occurs between February 1 and August 31, a Department preconstruction survey for nesting birds shall be conducted by a qualified biologist. B-2. If nesting birds occur in the impact area, a buffer around the nest will be flagged as determined by a qualified biologist and up to 500' from the nest. All activities will occur outside the buffer area until a qualified Construction Prior to clearing and/or grading Property Owner / applicant Community Development Department biologist has determined that the young are no longer dependent on the nest and that no new nesting activity has occurred in the flagged area by another pair of birds. y G-1. A caisson wall shall be used to mitigate a landslide. This wall shall be installed under a separate permit prior to construction of the proposed residence. The property Construction Prior to and during construction Property Owner / Community Development owner shall be responsible to implement this mitigation applicant. Department measure prior to construction, to be verified by the Community Development Department. G-2. An as built geotechnical report shall be prepared by the project geotechnical consultant following grading/construction for the subject site improvements. The report shall include the results of all field density testing, depth of reprocessing and recompaction, depth and locations of any caissons, as well as a map depicting the limits of grading, locations of all density testing, and geologic conditions exposed during grading/excavation. The report shall include conclusions and Construction Prior to construction Property Owner / Community Development recommendations regarding applicable setbacks, applicant. Department foundation recommendations, slope stability, erosion control and any other relevant geotechnical aspects of the site. The property owner shall be responsible to implement this mitigation measure prior to Building & Safety permit issuance. Mitigation Monitoring Program Exhibit A -Page 5 Resolution No. 2012- - ATTACHMENT - 204 TIME COMPLIANCE MITIGATION MEASURESI TYPE I IMPLEMENOTATION I RE EN NTSIrBLE I VERIFICATION H-1. Construction in Wardlow Wash shall occur during Construction Prior to and during construction Property Owner / Community Development the dry season, as feasible. applicant, Department H-2. No construction or storage of construction materials would be allowed outside the designated construction Property Owner / Community Development limits. Prior to construction, the limits shall be flagged Construction Prior to and during construction applicant. Department and/or fenced with highly visible flagging. The staging area shall be located outside of any streambed. H-3. In temporary construction areas susceptible to erosion, such as bare hillsides, silt fence and fiber rolls Construction Prior to and during construction Property Owner / Community Development shall be used to stabilize these areas and minimize applicant. Department erosion until vegetation can be reestablished. H-4. All hazardous materials shall be property stored. If Property Owner / Community Development discharge occurs, the spill shall be cleaned by trained Construction Prior to and during construction applicant. Department personnel using appropriate methods. Mitigation Monitoring Program Exhibit A - Page 6 Resolution No. 2012 - ATTACHMENT - 205