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RPVCCA_CC_SR_2012_04_17_01_Marymount_College_Parking_Lot_Expansion_ProjectRANCHO PALOS VERDES Date: Subject: PUBLIC HEARING April 17,2012 Marymount College -Parking Lot Expansion Project (Minor Modification to Planning Case No.ZON2003-00317) . Subject Property:30800 Palos Verdes Drive East 1.Declare the Hearing Open:Mayor Misetich 2.Report of Notice Given:City Clerk Morreale 3.Staff Report &Recommendation:Deputy Community Development Director Mihranian 4.Public Testimony: Appellants:None Applicant:Marymount College 5.Council Questions: 6.Rebuttal: 7.Declare Hearing Closed:Mayor Misetich 8.Council Deliberation: 9.Council Action: 1-1 CITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR &CITY COUNCIL MEMBERS JOEL ROJAS,AICP,COMMUNIt(qEyELOPMENT DIRECTOR UV APRIL 17,2012 MARYMOUNT COLLEGE-PARKING LOT EXPANSION PROJECT (MINOR MODIFICATION TO PLANNING CASE NO.ZON2003-00317 I 30800 PALOS VERDES DRIVE EAST) CAROLYN LEHR,CITY MANAGER c£l-j Ara Mihranian,AICP,Deputy Community Development Directo~ RECOMMENDATION Approve the proposed permanent Parking Lot Expansion Project,that provides 463 parking spaces on-campus,as a minor modification to the 2010 Council approved project. BACKGROUND On June 1,2010,the City Council adopted Resolution No.2010-42,approving with Conditions of Approval,the Marymount College Facilities Expansion Project.The Council's approval allows the modernization of the campus facilities including the demolition and construction of new buildings,such as the gymnasium and library buildings;site improvements consisting of an expanded parking lot to accommodate 463 parking spaces, a relocated athletic field and tennis courts,and new pedestrian pathways and plazas;and the operation of a four year degree program.The Council also imposed conditions of approval regulating the operational aspects of the College,such as limiting the hours of operation and student enrollment to name a few. According to Condition No.158,the College is required to implement Parking Management Strategies,on an annual basis,to the satisfaction of the Community Development Director and the Director of Public Works to minimize street parking by students and visitors.City 1-2 MARYMOUNT COLLEGE -PARKING LOT EXPANSION PROJECT APRIL 17,2012 Page 2 of6 Staff monitored the effectiveness of the Parking Management Strategies implemented by the College for the 2011 fall term with regards to their effectiveness to reduce off-site street parking.According to the monitoring,Staff observed approximately 70-90 student cars parked on the local streets during peak periods (10am and 3pm)on a daily basis. Furthermore,during the same period Staff observed that out of a total of 343 existing parking spaces 0-5 parking spaces available on campus were not being used by students. Working in cooperation with the College,City Staff identified Parking Management Strategies to help minimize the number of observed student cars parked on the local streets.' Notwithstanding the additional Parking Management Strategies,Staff continued to observe approximately 70-90 student cars parked on local streets during weekdays when classes are being held.As a result,the College was notified that it needed to provide a minimum of 90 temporary (non-paved)parking spaces on-campus by the first day of spring 2012 classes (January 9,2012)to minimize student and visitor on-street parking (see attached letter from City Staff dated October 26,2011).In response,the College indicated that in light of the cost to construct a temporary parking lot to accommodate 90-parking spaces, the College would prefer to construct a permanent expanded parking lot in advance of the 2012 fall term that would be more consistent with the Council approved site plan (see attached letter from the College dated December 21,2011).After consulting with the City Manager and the City Attorney,the Community Development Director accepted the College's offer to construct a more permanent expanded parking lot. On March 16,2012,the College submitted project plans for the Parking Lot Expansion Project.In response to Staff concerns with the initial proposed project plans,on April 10, 2012,the College submitted revised project plans (see attachment).The proposed parking lot expansion is not exactly the same as the Council approved parking lot but it is proposed in the same general previously-approved location.Condition No.8 of the Marymount College Conditional Use Permit (CUP)allows minor modifications to the approved plans provided that the modifications achieve substantially the same result as would strict compliance with such plans.Pursuant to Section 17.78.050(A)(4)of the Rancho Palos Verdes Municipal Code (RPVMC),the Council is being asked to approve the expanded parking lot as 'a minor project modification because it's similar in scope to the original parking lot location and achieves substantially the same result. DISCUSSION Project Description In order to minimize student parking on public streets,the College seeks to expand the current on-campus parking lot by providing additional parking spaces for a total of 463 parking spaces as required by Condition No.158.This is achieved by adding 109 parking spaces to the existing parking lot and restriping a portion of the existing parking lot, adjacent to the former preschool building,to accommodate 13 additional parking spaces and adding 10 parking spaces adjacent to the Administration Building.In order to accommodate the parking lot expansion,approximately 7,930 cubic yards of earth movement (combined cut and fill)is proposed along with necessary drainage improvements,parking lot lighting,and landscaping (see attachment). 1-3 MARYMOUNT COLLEGE -PARKING LOT EXPANSION PROJECT APRIL 17,2012 PAGE 3 The expanded parking lot is proposed to be constructed this summer in the area of the existing athletic filed,which is in the same general location of the parking lot approved by the City Council in 2010.The proposed parking lot will be accessed from the existing parking lot at the southern portion of the campus via a 26-foot wide access driveway.The proposed parking lot will serve staff and faculty and will have a gate,controlling access by a keypad.The drainage from the parking lot and surrounding landscape areas will be collected using catch basins with filter systems (for water quality treatment purposes)and piped to a detention basin at the western portion of the campus.Water run-off contained in the detention basin will be released into the existing City storm drain system at current levels.The proposed parking lot will be illuminated using bollard lighting (not to exceed 42- inches in height)around the perimeter of the parking lot and the driveway access road and light standards (not to exceed 10-feet in height)for the interior of the parking lot.All proposed·lighting,as depicted on the project plans,is night compliant so that the lighting is down-cast and shielded to prevent spill-over onto neighboring properties and the night sky. Furthermore,the perimeter bollard light fixtures are shielded from down casting light onto the southern slopes.Landscaping is proposed to screen the parking lot and driveway access road from neighboring properties and the properties to the south consistent with the approved conditions of approval. Minor Modification The applicant is proposing that the expanded parking lot be approved as a "minor modification"to the City Council approved project.Condition No.8 of the Marymount College CUP allows minor modifications to the approved plans provided that the modifications achieve substantially the same result as would strict compliance with such plans.Further,Section 17.78.050(A)(4)of the RPVMC allows the City Council to approve minor project modifications.Approving a proposed project change as a "minor modification"instead of a CUP revision means that the only issue that will be discussed is the proposed revision to the parking lot,and the existing approved CUP will not be opened up as part of this approval process. Staff has reviewed the proposed parking lot expansion and believes that the project qualifies as a "minor modification"to the approved plans which achieves substantially the same result as would strict compliance with the approved plans as defined in Condition No. 8 for the follOWing reasons: •The Project provides a total of 463 parking spaces as required per Condition No. 158. •The proposed location and layout of the expanded parking lot is generally consistent with the location and layout of the Council approved parking lot. •The quantity of earth movement (grading)required to accommodate the construction of the parking lot is within the grading quantities originally approved by the City Council. •The proposed parking lot and pathway lighting complies with the intent of the Council-adopted Conditions of Approval. •The project related drainage is proposed to be conveyed to a detention basin and released into the City's storm drain system at pre-development flow rates similarto 1-4 MARYMOUNT COLLEGE -PARKING LOT EXPANSION PROJECT APRIL 17,2012 PAGE 4 the drainage system conceptually approved by the City Council. •The project related drainage pollutants will be treated per State laws and the Council adopted Conditions of Approval. •The expanded parking lot,utilizing landscaping,will be screened from neighboring views and downslope properties as required by the Council-adopted Conditions of Approval. Therefore,for the foregoing reasons,Staff recommends that the City Council approve the proposed Parking Lot Expansion Project as a minor modification.As indicated by the College,construction of the additional parking spaces that result in a total of 463 on- campus parking spaces is expected to be completed by the commencement of the 2012 fall term.As such,Staff anticipates adding a condition as part of the College requested CUP time extension request that requires the expanded parking lot be constructed by the 2012 fall 'term,and if not,then the maximum student enrollment cap condition will be amended to correspond to the number of existing on-campus parking spaces. ADDITIONAL INFORMATION Compliance with CUP Conditions of Approval The City Council-approved Marymount College Facilities Expansion Project includes 180 Conditions of Approval.The majority of the conditions include timing triggers for condition compliance,such as "prior to issuance of any grading permit"or "prior to issuance of any building permits."At its August 2,2011 meeting,under the Interpretation Process,the City Council determined the conditions that are either related to campus operations,which apply now,or are related to construction and apply only when the related construction component is initiated. Based on Staff's review of the conditions with the City Attorney,it was determined that approximately 85 of the conditions are triggered for the proposed Parking Lot Expansion Project.The conditions that Staff believes are triggered are listed below.The listed conditions correspond to the attached conditions of approval that are grouped by headings relating to the scope of work (see attachment): o General Conditions Nos.3-12,15,16,and 18 o General Construction Conditions Nos.20-25,28-38 o Indemnification/Insurance Nos.43-45 o Project Description No.51 (as-built grading) o Construction Phasing Nos.60a o Grading Nos.67-80,82, 83,85-90,92,and 93 o Utilities No.103 o Hydrology and Water Quality Nos.108-122 o Operational No.131 o Noise/Mechanical No.150 o Lighting Nos.151-153,and 156 o Parking Nos.157-161,and 163 o Landscaping Nos.164-167,170 and 171 1-5 MARYMOUNT COLLEGE -PARKING LOT EXPANSION PROJECT APRIL 17,2012 PAGES City Staff and the College's representatives reviewed the above listed conditions of approval and are in agreement with the conditions that are triggered for this project.Since these conditions are generally triggered prior to the issuance of any grading permit,the City's Building Official will not issue the grading permit to commence construction on the expanded parking lot until the College has demonstrated compliance with all of these conditions.This includes,to name a few,posting certain bonds or forms of security,the City's review of project-related geology and hydrology reports,and the approval of a Construction Management Plan.This project also triggers compliance with certain Mitigation Measures adopted as part of the project's certified EIR,such as the Biology mitigation measures (B10-1 and BI0-3)prior to issuance of any grading permit. It should be noted that the City's Geologist and Engineer conceptually approved the project,based on reports submitted to the City during the public hearing process. Notwithstanding,as indicated above,the conditions of approval require final approvals be obtained by the City Geologist and Engineer,among others,during the plan check process in Building and Safety prior to the issuance of grading permits.At this time,the City Geologist and Water Quality Consultant have begun their review of the proposed Parking Lot Expansion Project for condition compliance. Upgrading of Existing Campus Utilities On March 7,2012,Marymount College submitted to the Building and Safety Division a Utility Improvement Plan to upgrade the existing on-campus utilities.The Utility Improvement Plan is to initiate the Plan Check process for the eventual permit issuance to install upgraded gas and electric lines throughout the campus.The upgraded gas and electric lines are proposed to be placed underground with the exception of the main electrical service yard (located behind the existing office and student union buildings)and the transformers adjacent to the existing buildings.Pursuant to the Conditions of Approval, the above ground transformers are required to be screened from the public right-of-way and neighboring properties.Permit issuance is anticipated to occur within the next few weeks with construction commencing this summer after the spring term ends. Update on the Construction Phase 1 Time Limits Condition No.60 sets parameters for each of the three construction phases of the Facilities Expansion Project including time limits.Accordingly,Phase 1 (which includes construction of an expanded parking lot)is set to expire on September 30,2012,unless a time extension is approved by the City Council.On April 11 ,2012,the College submitted a time extension request.As described in Condition No.60,the time extension request is to be considered by the City Council at a duly noticed public hearing.Staff anticipates bringing the time extension request to the City Council in late spring or early summer 2012. Public Notification of Tonight's Meeting On March 29,2012,a public notice announcing the Council's review of the Parking Lot Expansion project was sent to property owners within a SOO-foot radius,all interested parties,and published in the Peninsula News.Furthermore,the City's website,under the Marymount College homepage,was updated to include information regarding tonight's 1-6 MARYMOUNT COLLEGE -PARKING LOT EXPANSION PROJECT APRIL 17,2012 PAGE 6 meeting and a list-serve message was sent to Marymount College subscribers.It should also be noted that the project plans for the Parking Lot Expansion Project were posted on the City's website on March 23,2012 (updated plans were posted on April 10,2012)and a list-serve message was sent announcing the availability of the plans. In response to the public notification,the City received two public comment letters (see attachment)expressing concerns with the proposed parking lot expansion project as it relates to potential impacts to neighboring properties and processing this project as a minor modification to the Council-approved project.As indicated in this report,Staff is of the opinion that the proposed parking lot expansion project substantially complies with the Council-approved parking lot.Moreover,the parking lot expansion project is subject to the Council-adopted Conditions of Approval and Mitigation Measures that were designed to minimize impacts to neighboring properties. CONCLUSION Based on the foregoing discussion,Staff recommends that the City Council approve the proposed Parking Lot Expansion Project,that provides 463 parking spaces on-campus as a minor modification to the June 2010 Council-approved project. ALTERNATIVES Pursuant to Section 17.78.050(A)(4)of the RPVMC,the City Council could find that the proposed Parking Lot Expansion Project is not a minor modification to the 2010 Council approved-project and that requires the processing of a revision to the Conditional Use Permit.In that case,a future public hearing would be scheduled to consider a revision to the Conditional Use Permit. ATTACHMENTS •Parking Lot Expansion Project Plans •Project Narrative •Conditions of Approval •City Staff Letter dated October 26,2011 •College Letter dated December 21,2011 •Public Comments Letters 1-7 Parking Lot ,Expansion Project Plans 1-8 ....- '"W ~ :!: "o '"'" 4 .i ~~.~j~ ~~i ~lEi~£i!!iim '~Iilil. iiiIi II :l ~ D ;111 8 9 IIIIdIIii [;~I ~ EB 34' PARKING>GALGULATION i'EHI'E5TPARKIN51.OT, Rll5JZE,n COMPACT.10 04 RECONFr~.13 ADl'::lED) TOTAL P~MS 5PACE50 (\='ERAf'f"RCNEDGlP) EXI5'T1N5 PARt::IN5'W ~1eURED VISITOR I SltOENT PARt::INlS HEI15TAFFIFACoIA..Tf PARKING-LOT. 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'''' '''' ® lIf o oooo om !mil oooo £Wl1'_I..ECEND. phi~--~-""--;tC,I i-~""{~1F==";"";;J-L," ~-t--~\~! .<:~~5<l _t~J..~~~L 11 r,:..--'[~.~<1'\ i f."'"-:T--~',.---'"t" j L~~,.~~~~~,_,I ~'M'J~~ O'SlSCAL~ARIlUT1FOI.Io\ RRlCATED'l'OPIlOWliEH£Al.TH'l'~=.~:MOlSTlJllE \ \ \ \\\ \\ PLANTING PLAN ~ SCALE '":20'-0'0 5 10 20 40 1 - 1 4 Project Narrative 1-15 MARYMOUNT COLLEGE PARKING LOT IMPROVEMENT PLAN Condition No.158 of Revision "E"to Marymount College's Conditional Use Permit (CUP) approved by the City Council in June 2010 required Marymount to construct and maintain no fewer than 463 on-site parking spaces by September 30,2012.Marymount has submitted plans to construct the new parking areas needed to provide the 463 parking spaces required under the CUP.The added parking is located and designed in a manner consistent with the Campus Master Site Plan that was also approved in 2010. The proposed new "Staff/Faculty Parking Lot"located on the southeast corner of the campus, represents a portion of the parking area shown on the Approved Campus Master Site Plan and constitut~s the addition of 109 parking spaces.Access to the parking lot will be provided from the west side of the campus along its southern border.The 26 foot wide access road is identical in width although the location is slightly further north than the fire access road in the approved Campus Master Site Plan. The redesigned access road will not require retaining walls,which was a design aspect of the approved plan.The roadway will be illuminated for both vehicular and pedestrian traffic.The lighting located on the south side of the access road is by low directional fixtures that will illuminate the driving and walking surface while minimizing light spill to the landscape below.Consistent with Condition No.160,the College is proposing to place a gate at the entrance to the access road so that the proposed lot may be reserved for faculty and staff,and will be accessible through an electronic gate operated by keyed access cards. Faculty and staff parking will also continue to be provided at the circular parking area adjacent to the Auditorium. Design features consistent with the approved Campus Master Site Plan for the new Staff/Faculty Parking Lot include a paved walk to access the parking lot and proposed rose garden,and landscaping designed to screen the parking area from neighboring properties as well as from Palos Verdes Drive East below.The parking lot lighting maintains a maximum height fixture of 10 feet for the interior of the parking lot with the parking lot perimeter utilizing low directional lighting fixtures to address minimal spill and glare beyond the boundaries of the parking area.No lighting is proposed for the paved walk leading to the rose garden,or in the rose garden itself. Drainage for this new parking area is designed to filter runoff utilizing underground impermeable bio-filtration units located at the north end of the parking lot.A new storm drain,consistent with the CUP, is proposed to carry all storm water runoff to an outlet located at the existing detention basin.The existing detention basin will be lined,but will not receive runoff at rates that exceed existing conditions.This will be achieved by introducing an independent storm drain to convey existing off site storm water from Palos Verdes Drive East that currently flows through campus.This off-site run-on will be diverted to tie directly into an existing City of Rancho Palos Verdes 36"diameter storm drain downstream of the detention basin. LA #4844-2009-8319 v2 1-16 This will increase the capacity of the existing on-site detention basin for on-site storm water management. The design of this system will be validated with a hydrology and hydraulics report. The proposed reconfigured "West Parking Lot"and reconfigured "Visitor/Student Parking Lot" provide 13 and 8 additional parking spaces respectively,bringing the total parking spaces provided on the campus to 463.These parking lots utilize the existing areas of paved parking and landscaping,which are reconfigured and redesigned to provide the,additional spaces.The parking lot lighting will maintain a maximum fixture height of 10 feet.Concrete paved walks and re-Iandscaped areas adjacent to the parking areas and at drive aisles will be a part of the proposed improvements. Grading for these proposed parking improvements will be balanced as proposed in the approved Campus Master Site Plan. LA #4844-2009-8319 v2 1-17 Cond,itions of Approval 1-18 RESOLUTiON NO.2010-42 -EXHIBIT "A" MARYMOUNT COLLEGE CONDITIONS OF APPROVAL ZON2003-00317 (Conditional Use Permit No.9 Revision 'E', Grading Permit,Variance,and Minor Exception Permit) GENERAL CONDITIONS 1)The approvals granted by this Resolution shall not become effective until the applicant submits a written affidavit that the applicant has read,understands and accepts all conditions of approval contained herein.Said affidavit shall be submitted to the City no later than ninety (90)days from the date of approval of the project by the City Council.If the applicant fails to submit the written affidavit required by this condition within the required 90 days,this resolution approving planning case number ZON2003-00317 (Conditional Use Permit No.9 Revision 'E,'Grading Permit,Variance and Minor Exception Permit)shall be null and void and of no further effect. 2)In accordance with the provisions of Fish and Game Code §711.4 and Title 14, California Code of Regulations,§753.5,the applicant shall pay all applicable filing fees,payable to the County of Los Angeles,for the Fish and Game Environmental Filing Fee,including posting fees.This check shall be submitted to the City within five (5)business days of final approval of this project.If required,the applicant shall also pay any fine imposed by the Department of Fish and Game. 3)Each and every mitigation measure contained in the Mitigation Monitoring Program attached as Exhibit "C"of Resolution No.2010-41 is hereby incorporated into the Conditions of Approval,as Exhibit "8",for planning case number ZON2003-00317 (Conditional Use Permit No.9 Revision 'E,'Grading Permit,Variance,and Minor Exception Permit). 4)The applicant shall fully implement and continue for as long as a college is operated on the subject property the Mitigation Monitoring Program and execute all mitigation measures as identified and set forth in the Final Environmental Impact Report for the project as certified in Resolution No.2010-41. 5)Marymount College shall be responsible for implementing and ensuring compliance with all of the Conditions of Approval stated herein.Accordingly,as used herein,the term "applicant"shall mean Marymount College including operators of educational and recreational programs affiliated with Marymount College and the property upon which the Marymount College is located. 1-19 6)The project development shall conform to the specific standards contained in these Conditions of Approval or,if not addressed herein,shall conform to the appropriate development and operational standards of the Rancho Palos Verdes Municipal Code ("RPVMC"). 7)The project,including site layout,the building and appurtenances,and signage throughout the site,must be constructed and maintained in substantial compliance with the plans reviewed and approved by the City Council,on March 31,2010 and May 4,2010 (Athletic Field Alternative D-2),and stamped APPROVED by the City with the effective date of the Notice of Decision.Prior to any submittal to Building and Safety,the applicant shall submit to the Community Development Director a complete set of the revised plans (such as,but not limited to,architectural,grading,landscaping,and lighting plans)that reflect the Council's final decision. 8)The Community Development Director shall be authorized to approve minor modifications to the approved plans or any of the conditions if such modifications achieve substantially the same result as would strict compliance with such plans and conditions.Otherwise,all other modifications shall be subject to review and approval by the City Council as a revision to this conditional use permit at a duly noticed public hearing. 9)Failure to comply with all of the Conditions of Approval will be grounds to revoke the approval of the project pursuant to the revocation procedures contained in RPVMC section 17.86.060. 10)These conditions are organized by topic type for ease of reference.Regardless of such organization,each condition is universally applicable to the entire project site,unless a condition clearly indicates otherwise.The conditions shall be applicable as long as a college is operated on the property,unless otherwise stated herein. 11)In the event that a Condition of Approval is in conflict or is inconsistent with any Mitigation Measure for this project,the more restrictive shall govern. 12)All applicable permits required by the City's Building and Safety Division shall be obtained by the applicant prior to the commencement of any construction activities associated with this approval. 13)If applicable,prior to issuance of any certificate of occupancy,the applicant shall pay the City's Environmental Excise Tax in accordance with the Rancho Palos Verdes Municipal Code (RPVMC). Resolution No.2010-42 Exhibit A Page 2 of39 1-20 14)If applicable,prior to issuance of any Certificate of Occupancy the applicant shall comply with the Affordable Housing requirements of the RPVMC. 15)If applicable,the applicant shall comply with all applicable provisions of the City's Transportation Demand Management and Trip Reduction Ordinance as set forth in RPVMC section 10.28. 16)The applicant shall be required to pay 110%of the estimated amount of the cost of services to be provided on behalf of the City by any outside consultants that have been retained by the City to render services specifically in connection with this project,in the form of a trust deposit account,prior to commencement of such services (e.g.City Engineer,City Attorney,geotechnical consultants, li>iologist,landscape architect,City Arborist,noise consultant,environmental consultants,recycling consultants,etc.).The College shall adequately fund said trust deposit accounts prior to the commencement of services,in amounts reasonably requested by the City,based upon an estimate of the cost of services for the period of at least 90 days for which services are rendered.In addition,the trust deposits shall be replenished within two weeks of receipt of notice from the City that additional funds are needed. 17)All costs associated with plan check reviews and site inspections for the Department of Public Works shall be incurred by the applicant through the establishment of a trust deposit with the Director of Public Works at the time of plan check submittal or site inspection request. 18)No later than six (6)months after the completion of each of the three Construction Phases described herein,the City Council shall review these Conditions of Approval at a duly noticed public hearing.As part of said review, the City Council shall assess the applicant's compliance with the Conditions of Approval and the adequacy of the conditions imposed.At that time,the City Council may add,delete or modify any Conditions of Approval as evidence presented at the hearing demonstrates are necessary and appropriate to address impacts resulting from operation of the project.Such modifications shall not result in substantial changes to the design of the project structures.Notice of such review hearing shall be published and provided to owners of property within a 500'radius of the site,to persons requesting notice,to all affected homeowners associations,and to the property owner in accordance the RPVMC.As part of the review,the City Council shall consider such items,including,but not limited to,the effectiveness of the parking conditions,on-site circulation patterns, lighting,landscaping,noise,hours of operation,the operation of outdoor events, the operation and effectiveness of the retractable net,the use of the athletic field and tennis courts,and the use of the outdoor poqL The City Council may also consider other concerns raised by the public in response to the public notice of Resolution No.2010-42 Exhibit A Page 3 of 39 1-21 the review hearing.The City Council may require such subsequent additional reviews,as deemed appropriate.This provision shall not be construed as a limitation on the City's ability to enforce any provision of the RPVMC regarding this project. In addition to the three 6-month reviews required above,no later than 18 months after the completion of Construction Phase III,as described herein,the City Council shall review these 'Conditions of Approval and the operations of the College at a duly noticed public hearing.As part of said review,the City Council shall assess the applicant's compliance with the Conditions of Approval and the adequacy of all the conditions imposed similar to the 6 month reviews such as, but not limited to,the effectiveness of the parking conditions,on-site circulation patterns,lighting,landscaping,noise,hours of operation,the operation of outdoor events,the operation and effectiveness of the retractable net,the use of the athletic field and tennis courts,and the use of the outdoor pool.At that time,the City Council may add,delete or modify any Conditions of Approval if evidence presented at the hearing demonstrates that new or modified conditions are necessary and appropriate to address impacts resulting from operation of the project. The Campus Landscape Maintenance Plan shall also be subject to a three (3) month review as stated in Condition No.170. 19)This approval authorizes the construction of a Facilities Expansion Plan (Facilities Plan)for Marymount College located at 30800 Palos Verdes Drive East,including the athletic field and tennis courts depicted in Alternative D-2 of Appendix D of the Final EIR.The approval does not include or allow the construction of Residence Hall buildings included in the applicant's original submittal.Any significant changes to the characteristics of the development, including,but not limited to,the introduction of new uses or buildings,the site configuration,the size or operation of the facilities,or other ancillary uses shall require an application for revision to this Conditional Use Permit pursuant to the provisions stated in the RPVMC.At that time,the City Council may direct that the Planning Commission consider the proposed application,or it may deny the proposed application,or it may approve the proposed application and impose such conditions,as it deems necessary upon the proposed use resulting from operations of the project.Further,the City Council may consider all issues relevant to the proposed change of use. GENERAL CONSTRUCTION CONDITIONS 20)Temporary construction fencing shall be installed in accordance with the RPVMC.Prior to the issuance of any grading or 'building permit,the applicant Resolution No.2010-42 Exhibit A Page 4 of 39 1-22 shall submit a Temporary Construction Fence Plan,as part of the Construction Management Plan,that identifies items including,but not limited to,the type,the location and the time duration of construction fencing to be installed to address health and safety issues that are related to grading or other construction activities. 21)All on-site construction and grading activities shall be limited to the hours between 7:00 a.m.and 7:00 p.m.Monday through Saturday.No construction shall occur on Sundays or Federal holidays as set forth in RPVMC unless a special construction permit,allowing construction work on Sundays or Federal holidays between the hours of 7:00 am and 7:00 pm,is first obtained from the Community Development Director at least 48-hours in advance of construction work.Any deviation from this Condition shall require an amendment to these Conditions of Approval and the approval of a Variance Permit. 22)The construction site and adjacent public and private properties and streets shall be kept free of all loose materials in excess of the material used for immediate construction purposes.Such excess material includes,but is not limited to,the accumulation of debris,garbage,lumber,scrap metal,concrete asphalt,salvage materials,abandoned or discarded furniture,appliances,or fixtures. 23)No overnight parking or storage of vehicles associated with construction shall be permitted in the public right-of-way during construction. 24)Prior to issuance of any grading permit,the applicant shall submit final geotechnical and soils reports to the City for review and approval by the Building Official and the City's Geotechnical Consultant.All conditions specified in the approved geotechnical and soils reports will be incorporated into the project. 25)The applicant shall prepare a notice to all property owners within a 500-foot radius of the project site at least 30-days prior to the commencement of each phase of construction.Such notice shall be sent by the City,at the expense of the applicant,and shall include a contact (name,telephone number,and e-mail address)in the event complaints need to be filed.A similar notice shall be visibly posted from the right-of-way (PVDE)at the entrance to the campus.The size, exact location,and content of such notice shall be reviewed and approved by the Director at least 30-days prior to installation. 26)Prior to issuance of the Final Certificate of Occupancy for Phase Three,the applicant shall provide a detailed as-built Classroom Student Seat Plan.Such Plan shall substantially comply with the student seats depicted in Exhibit 4 of Appendix A of the Final EIR and shall not exceep a maximum of 655 student seats.An increase to the maximum number of student seats permitted herein Resolution No.2010-42 Exhibit A Page 50f39 1-23 shall be subject to review and approval by the City Council,at a duly noticed public hearing,and shall hot result in new impacts or the intensification of impacts identified in the Final EIR,including but not limited to traffic,parking and noise. 27)Construction and grading activities within the public right-of-way shall be limited to the days and hours approved by the Director of Public Works at the time of permit issuance. 28)No on-site repair,maintenance,delivery of equipment and materials or vehicle idling shall occur before 7:00 a.m.or after 7:00 p.m.Monday through Saturday, nor on any Sunday or Federal holiday,unless otherwise specified in these Conditions of Approval or a Special Construction Permit is obtained from the City.Emergency repairs are exempt from this condition. 29)All construction activity shall not extend beyond the phasing plan identified in the Certified Environmental Impact Report described in Resolution No.2010-41 and actual physical construction shall not exceed a total of three years during the eight year phased schedule,as described in Condition No.60.Any significant changes to the construction activity schedule shall be reviewed and approved by the Community Development Director. 30)Prior to the issuance of any grading permits,the applicant shall submit to the Director of Public Works,for review and approval,a Construction Management Plan.Said Plan shall include,but not be limited to,the proposed routes to and from the project site for all deliveries of equipment,materials,and supplies,and shall set forth the parking plan for construction employees,the installation of traffic control signs at and around the project site,hours of arrival and departure for construction workers,sound abatement measures,and street maintenance (street cleaning and repairs).All construction related parking must be accommodated on-site.No on-street construction related parking shall be permitted.The queuing and idling of construction worker vehicles and construction vehicles/equipment shall be prohibited on-site and on City streets. Furthermore,the applicant shall prepare and submit a Haul Plan to the Public Works Department for review and approval prior to issuance of grading permits. 31)The applicant shall be responsible for repairs to any public streets that may be damaged as a result of development of the project as required by the Director of Public Works. 32)Prior to issuance of any grading or building permit for each construction phase described in these Conditions of Approval,the C!pplicant shall film the public roads that will be used for construction traffic to and from the project site,as Resolution No.2010-42 Exhibit A Page 60f39 1-24 described in the City approved Construction Management Plan,to document the pre-construction road condition.Said film,in either a DVD or CD format,shall be submitted to the Director of Public Works and shall be used to document any roadway damage that may be associated with project construction. 33)Prior to the issuance of any grading or building permit,the applicant shall submit security,in a form reasonably acceptable to the City,to cover any damage to existing public roadways caused by project construction.The amount of such security shall be determined by the Director of Public Works and shall not be released until all construction related activities have been completed and after final inspections by the City's Building Official. 34)Prior to the release of the security to cover any damages to existing public roadways (see above conditions),the applicant shall repair or replace all curbs, gutters,and sidewalks that are damaged as a result of project construction,as determined by the Director of Public Works. 35)All proposed driveways shall be designed in substantially the same alignment as shown on the approved site plans,subject to final design review and approval by the Los Angeles County Fire Department and the Director of Public Works. 36)Anyon-site raised and landscaped medians and textured surfaces,including parking lot planters,shall be approved by the Director of Public Works,and by the City Geologist in areas adjacent to or within the Building Geologic Setback Area. 37)Handicapped access ramps shall be installed and or retrofitted in accordance with the current standards established by the Americans with Disabilities Act. Access ramps shall be provided at all intersections and driveways. 38)All sidewalks and pathways throughout the project site shall be designed to comply with the minimum width standards set forth in the most recent California Disabled Accessibility Guidebook. 39)If excavation is required in any public roadway,the roadway shall be resurfaced with an asphalt overlay to the adjacent traffic lane line to the satisfaction of the Director of Public Works. 40)Prior to commencing any excavation or construction within the public rights-of- way,the applicant shall obtain all necessary permits from the Director of Public Works. Resolution No.2010-42 Exhibit A Page 70f39 1-25 41)The project shall comply with all requirements of the various municipal utilities and agencies that provide public services to the property. 42)All existing easements shall remain in full force and effect unless expressly released by the holder of the easement. INDEMNIFICATION/INSURANCE 43)The owner of the property upon which the project is located shall hold harmless and indemnify and past,present and future City,members of its City Council, boards,committees,commissions,officers,employees,servants,attorneys, volunteers,and agents serving as independent contractors in the role of city or agency officials,(collectively,"Indemnitees"),from any claim,demand, damage, liability,loss,cost or expense,including but not limited to death or injury to any person and injury to any property ("Loss"),resulting from willful misconduct, negligent acts,errors or omissions of the owner,the applicant,the project operator,or any of their respective officers,employees,or agents,arising or claimed to arise,directly or indirectly,in whole or in part,out of,in connection with,resulting from,or related to the construction or the operation of the project approved by this resolution including but not limited to the operation and use of the athletic field.The obligation to indemnify the Indemnitees shall not include any loss caused by the sole negligence or willful misconduct of the Indemnitees. 44)The applicant shall defend,indemnify and hold harmless the City and its and past,present and future agents,officers,commissions,boards,committees and employees from any claim,action or proceeding against the City or such agents, officers,commissions,boards,committee or employees,to attack,set aside,void or annul this resolution or one or more of the approvals set forth in Resolution 2010-41 brought by one or more third parties.Alternatively,at the City's election,the City may choose to defend itself from any claim,action or proceeding to attack,set aside,void or annul this resolution or one or more of the approvals set forth in this resolution with counsel of its choosing,in which case, the applicant shall reimburse the City for all of its costs,including attorney fees, arising from such claim,action or proceeding.The obligations set forth in this condition include the obligation to indemnify or reimburse the City for any attorney fees or monetary judgments that the City becomes obligated to pay as a result of any claim,action or proceeding within the scope of this condition. The City shall promptly notify the applicant of any claim,action or proceeding within the scope of this condition and the City shall cooperate in the defense of any such claim or action. Resolution No.2010-42 Exhibit A Page 80f39 1-26 45)The applicant shall procure and maintain in full force and effect during the operation of the College primary general liability insurance in conjunction with umbrella coverage,which is applicable to,and provides coverage in an amount of at least $5 million dollars,which amount shall be increased on each fifth anniversary of the issuance of the first certificate of occupancy for any structure authorized by this approval to reflect increases in the consumer price index for the Los Angeles County area.Such insurance shall insure against claims for injuries to persons or damages to property that may arise from or in connection with the operation of the athletic field at the College as authorized by the conditional use permit as amended by this approval.Such insurance shall name the City and the members of its City Council,boards,committees,commissions, officers,employees,servants,attorneys,volunteers and agents serving as its independent contractors in the role of City officials,as additional insureds.Said insurance,shall be issued by an insurer that is admitted to do business in the State of California with a Best's rating of at least A-VII or a rating of at least A by Standard &Poor's,and shall comply with all of the following requirements: (a) (b) (c) (d) (e) (f) The coverage shall contain no limitations on the scope of protection afforded to City,its officers,officials,employees,volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. For any claims related to the operation of the athletic field,including balls that may enter the public road right-of-way,applicant's insurance coverage shall be primary insurance as respects City,members of its City Council,boards,committees,commissions,officers,employees, attorneys,volunteers and agents serving as independent contractors in the role of city or agency officials. The limits of applicant's insurance shall apply separately to the project site. Each insurance policy required by this condition shall be endorsed to state that coverage shall not be canceled except after 3D-days prior written notice by first class mail has been given to City. Each insurance policy required by this condition shall be endorsed to state that coverage shall not be materially modified except after 5- business days prior written notice by first class mail has been given to City. Each insurance policy required by this condition shall expressly waive the insurer's right of subrogation against'City and members of its City Resolution No.2010-42 Exhibit A Page 9 of 39 1-27 Council,boards and commIssions,officers,employees,servants, attorneys,volunteers,and agents serving as independent contractors in the role of city or agency officials. (g)Copies of the endorsements and certificates required by this condition shall be provided to the City when the insurance is first obtained and with each renewal of the policy. (h)No activities involving field balls at the athletic field shall be permitted unless such general liability insurance policy is in effect and on file with the City. Such insurance shall likewise name the City and the members of its City Council, boards,committees,commissions,officers,employees,servants,attorneys, volunteers and agents serving as its independent contractors in the role of City officials,as additional insureds.Said insurance may,at applicant's option,be in the form of a separate excess insurance policy and may be issued by a non- admitted carrier so long as the insurer is authorized to do business in the State of California with a Best's rating of at least A-VII or a rating of at least A by Standard &Poor's and shall comply with all of the requirements of this Condition. PROJECT DESCRIPTION 46)This approval,the Marymount College Facilities Expansion Project,allows for the expansion of the existing College's facilities (92,268 square feet of floor area) consisting of the demolition of 18,022 square feet of existing floor area and the construction of 61,928 square feet of new floor area,including expanding 14,916 square feet of existing buildings,the proposed development would result in a total of 151,090 square feet of campus floor area,as outlined in the table shown below: Resolution No.2010-42 Exhibit A Page 10 of 39 1-28 26,180 0 0 26,180 8,012 0 1,869 9,881 7,346 0 7,455 14,801 18,158 0 3,492 21,650 9,450 0 2,100 11,550 5,100 0 0 5,100 1,530 1,530 0 0 2,696 2,696 0 0 2,870 2,870 0 0 3,648 3,648 0 0 2,998 2,998 0 0 4,072 4,072 0 0 208 208 0 0 92,268 (18,022)14,916 89,162 26,710 26.710 1,975 1,975 33,243 33,243 61,928 61,928 76,844 151,090 47)A Square Footage Certification prepared by a registered surveyor or engineer shall be submitted to the Community Development Director,prior to a framing inspection,indicating that the buildings,as identified in the condition herein,do not exceed the maximum permitted gross square footages (as measured from exterior walls). 48)A security/information booth shall be allowed to be constructed at the entry driveway,as depicted on the site plan approved by the City Council.This structure shall not exceed 54 square feet and a maximum height of 10-feet,as measured from the lowest adjacent finished grade (935.50')to the highest roof ridgeline (945.50').Architectural details,as shown on the project plans reviewed Resolution No.2010-42 Exhibit A Page 11 of 39 1-29 and approved by the City Council at its March 31,2010 meeting (plans dated May 9,2009),shall be allowed to exceed the maximum 10-foot height limit. 49)Building setbacks shall comply with the Institutional zoning requirements,unless otherwise noted herein.A Setback Certification shall be prepared by a licensed engineer and submitted to Building and Safety prior to the framing inspection on each structure or prior to the final inspection of grading activities,whichever occu rs fi rst.' 50)The approved structures,including additions to existing structures,shall not exceed the building heights and number of stories described as follows: :~':?"'~">.•"1"'C:~~:""".".\;~f''.•..•".,....'.•'...•.·...)'d:.. ."".::.. Auditorium!Fine Arts 925'942'17-feet OneStudio Faculty Building 912'940'28-feet Two Student Union (bookstore and faculty dining 910'940'30-feet Two expansion) Administration!Admissions 926'951'25-feet One Library Building 912'951'39-feet One Maintenance Building 913'933'20-feet One Athletic Building 897.75'930'32.25-feet Two 51)A Building Pad Certification shall be prepared by a licensed engineer and submitted to Community Development Director and the Building Official prior to final inspection of grading activities. A Roof Ridgeline Certification,indicating the maximum height of each building, shall be prepared by a licensed engineer and submitted to Community Development Director and the Building Official prior to the final framing certifications for each building. 52)New or replaced flagpoles shall be permitted at a maximum height of 16-feet,as measured from adjacent finished grade to the highest point of the flag poles. BUILDING DESIGN STANDARDS 53)Prior to the submittal of the Athletic Building plans into Plan Check,plans shall be submitted to the Director of Community Development to demonstrate that the Resolution No.2010-42 Exhibit A Page 12 of 39 1-30 portion of the Athletic Building that was allowed by the Planning Commission at 41-feet in height (elevation 938.75')has been reduced in height by a total of 10- feet from the height of the original Athletic Building so that the maximum roof ridgeline does not exceed an elevation of 930'.The Community Development Director shall determine that the revised Athletic Building is designed in compliance with the City Council's decision at its March 31,2010 meeting. 54)The applicant shall submit an Architectural Materials Board for review and approval by the Community Development Director prior to issuance of building permits.The Materials Board shall identify,at a minimum,a sample of the proposed exterior building materials,roof tile materials,and paint colors for all new,expanded and modified structures.Such materials shall substantially eomply with the materials called out on the project plans approved by the City Council on March 31,2010 including,but not limited to,the use of stone veneer facades,stained wood trellises,cast-stone caps,stone veneer columns,and baked enamel aluminum windows with tinted glazing to name a few. 55)All new,expanded or modified buildings,including but not limited to the Athletic Building,the Library,the Student Union,and the Classroom buildings shall be finished in a muted earth-tone color,as deemed acceptable by the Community Development Director based on the review of the Materials Board. 56)The roof materials for all new,expanded or modified buildings with pitched roofs, including but not limited to the Library,Student Union,Athletic Building as revised per Condition No.53,and Classrooms,shall be tile,consisting of a muted color, as deemed acceptable by the Community Development Director based on the review of the Materials Board.To the extent permitted by the City's Building Code,the material for all flat roofs shall be a color that is compatible with the color of the tiles used on the pitched roofs throughout the project,as deemed acceptable by the Community Development Director. 57)All trash enclosure areas shall be designed with walls six (6)feet in height with the capability of accommodating recycling bins.The enclosures shall be consistent with the overall building design theme in color and material,and shall include self-closing /self-latching gates.The enclosures shall integrate a solid roof cover to screen the bins from view from all public rights-of-way and surrounding properties.Trash enclosures shall be prohibited in all setback areas. 58)Mechanical equipment,vents or ducts shall not be placed on roofs unless approvals are obtained pursuant to Section 17.48.050 of the RPVMC regarding building heights and screening from view of ,all public rights-of-way and surrounding properties.This condition shall apply to all new and expanded Resolution No.2010-42 Exhibit A Page 13 of 39 1-31 project buildings,including but not limited to the Athletic Building,Student Union, and Library Building. 59)The storage of all goods,wares,merchandise,produce,janitorial supplies and other commodities shall be permanently housed in entirely enclosed structures, except when in transport. CONSTRUCTION PHASING 60)This Facilities Expansion Plan approval shall remain valid as set forth below,and shall be constructed in no more than 3 phases totaling 36 months of actual construction time over a period not to exceed eight (8)years from the date the approval becomes final: a.Phase One (Years 1-2):Phase One includes demolition of existing buildings,grading including the installation of drainage and water quality facilities,installation of utilities,the construction of new parking areas, athletic field,tennis courts,and the installation of temporary modular buildings to replace demolished facilities and those buildings subject to future construction.The planning entitlements,including grading and building permits,for all construction described under Phase One shall remain valid and the construction thereof shall be completed no later than September 30th of the year that is two years from the date the decision becomes final.Approvals for any Phase One components that are not completed with the two-year period shall lapse and become null and void unless an extension is granted by the City Council at a duly noticed public hearing. b.Phase Two (Years 2-5):Phase Two includes fine grading,the construction of the new library,maintenance facility,Athletic Building,outdoor pool,and additions to the faculty building and student union.The planning entitlements,including building permits,for all construction described .under Phase Two shall remain valid and the construction thereof shall be completed no later than five (5)years from the date the decision becomes final.Approvals for any Phase Two components that are not completed with the five-year period shall lapse and become null and void unless an extension is granted by the City Council at a duly noticed public hearing. c.Phase Three (Years 6 -8):Phase Three includes the construction of the new fine arts building and an addition to the admissions building.The planning entitlements,including building permits,for all construction described under Phase Three shall remain valid and the construction thereof shall be completed no later than eight years from the date the decision becomes final. Resolution No.2010-42 Exhibit A Page 14 of 39 1-32 d.All project buildings and improvements stated in these Conditions of Approval shall be completed in a total of three (3)years of construction activity and Certificates of Occupancy shall be issued within eight (8) years of the final decision of the project.All elements of the approved Facilities Plan that are not completed within the time period stated in this Condition shall require additional review and approval through an additional revision to Conditional Use Permit No.9 and additional CEQA review if required. TEMPORARY MODULAR BUILDINGS 61)The installation and use of temporary modular buildings (consisting of several modular segments each,as shown on the Phase One phasing site plan prepared by Rasmussen Associates)shall be permitted until the completion of the applicable permanent buildings or additions in Phase Two or Phase Three and in no event longer than eight years from the issuance of the first grading or building permit for Phase One,unless a revision to this CUP is approved.Upon the issuance of the certificate of occupancy for the applicable building or addition,the temporary modular building serving such use shall be removed from the project site within 30-days and the site restored to a condition deemed acceptable by the Community Development Director. 62)The permanent use of the temporary modular building shall be prohibited unless a revision to this CUP is approved. 63)The temporary modular buildings shall not exceed 15-feet in height,as measured from the lowest adjacent grade to the highest roof ridgeline. 64)The exterior facades for the temporary modular building facades shall be painted a neutral color to match existing or the new structures and incorporate materials that are similar to the proposed finish for the permanent buildings (not including Palos·Verdes Stone or other stone material)as deemed acceptable by the Community Development Director. 65)The areas adjacent to the temporary modular buildings shall be landscaped to reasonably screen the buildings from Palos Verdes Drive East and properties to the south as deemed acceptable by the Community Development Director. 66)A building permit shall be obtained for applicable modular exterior improvements (e.g.,decks,stairs,facade details,etc.)from the Department of Building and Safety. Resolution No.2010-42 Exhibit A Page 15 of 39 1-33 GRADING 67)The following maximum quantities and depths of grading are approved for the Facilities Expansion Plan,as shown on the Preliminary Grading Plan received by the City on March 5,2010 and reviewed and approved by the City Council at its March 31,2010 meeting: a.Maximum Total Grading (Cut and Fill):79,155 cubic yards. b.Maximum Cut:39,255 cubic yards (13,545 cubic yards with 15% shrinkage ). c.Maximum Fill:39,900 cubic yards. d.Maximum Depth of Cut:25 feet. e.Maximum Depth of Fill:18 feet. The maximum grading quantities shown above shall constitute total on-site earth movement,including but not limited to,combined raw cuts and fills (outside and under building footprints,parking lots,walkways,athletic facilities,etc.)remedial grading,and buttressed slopes to name a few. The Community Development Director shall be authorized to allow deviations to the above grading quantities up to 200 cubic yards over the stated maximum quantities for unforeseen circumstances or due to conditions encountered in the field provided that such deviation or modification to the grading quantities achieve substantially the same results as with the strict compliance with the grading plan. Any modifications resulting in additional grading in excess of the above quantities shall require approval of an amendment to the grading permit by the City Council at a duly noticed public hearing.This is a balanced grading project.No import or export of earth shall be permitted,except for fine grading materials,such as select fill and landscaping soils/materials. Prior to the final inspection of the precise grading,the applicant shall provide the Building Official with a certified as-built grading plan prepared and wet-stamped by a licensed engineer.Additionally,prior to the final inspection,the applicant shall provide the City with documentation of the location of existing or relocated bentonite soil material.If applicable,the as-built grading plan shall identify all revisions to the City Council's approved grading plan. 68)Should the project require removal or delivery of earth,rock or material other than demolition and construction debris and waste from the site or building materials,the applicant shall first obtain City appcoval in the form of a revised Conditional Use Permit and Grading Permit application.Said review shall Resolution No.2010-42 Exhibit A Page 16 of 39 1-34 evaluate potential impacts to the surrounding environment associated with such export or import.If the revised grading impacts results in impacts greater than those identified in the Certified EIR that cannot be mitigated to an insignificant level,a Supplemental EIR shall be prepared and reviewed by the City,at the expense of the applicant. 69)The grading plans shall identify the location of the building geologic setback line. Limited irrigation shall be allowed within the geologic setback area as reviewed and approved by the City geologist pursuant to Condition Nos.79 and 171.All water runoff in this area shall be collected and diverted to the City approved drainage system for the project. 70)Recommendations made by the City Geologist,the City Engineer,and the Building and Safety Division during the ongoing review of the project shall be incorporated into the design and construction of the project. 71)Recommendations made by the project applicant's geologist,as modified by comments from the City's Geologist,shall be incorporated into the design and construction of the project. 72)Prior to issuance of any grading permit,the City's Geologist and Building Official shall review all applicable structural plans or design information and reports as deemed necessary by the City's Geologist,Building Official,or both,including but not limited to,geotechnical reports during the Plan Check review process to ensure that the proposed project will not threaten public health,safety,and welfare. 73)If applicable,as determined by the City Geologist,prior to the issuance of any grading permit,a bond,cash deposit,or combination thereof,shall be posted to cover costs for any geologic hazard abatement in an amount to be determined by the Director of Public Works.Said security shall be released after all grading related activities are completed and after the approval of the as-built grading plans by the Building Official. 74)Prior to issuance of any grading permit or building permit in any phase,the applicant shall submit to the City a Certificate of Insurance demonstrating that the applicant or its applicable contractor has obtained a general liability insurance policy in an amount not less than $5 million dollars per occurrence and in the aggregate to cover awards for any death,injury,loss or damage,arising out of the grading or construction of this project.Said insurance policy must be issued by an insurer that is authorized to do business in the State of California with a minimum rating of A-VII by Best's Insurance Guid,e or a rating of at least A by Standard &Poors.Such insurance shall name the City and past,present and Resolution No.2010-42 Exhibit A Page 17 of 39 1-35 future the members of its City Council,boards,committees,commiSSions, officers,employees,servants,attorneys,volunteers and agents serving as its independent contractors in the role of City officials,as additional insureds.A copy of this endorsement shall be provided to the City.Said insurance shall be maintained in effect at all times during actual project construction until the approval of the Final Certificate of Occupancy for each Phase shall not be canceled or reduced during the grading or construction work without providing at least thirty (30)days prior written notice to the City.Further,the insurance shall remain in place for a minimum period of five (5)years following final inspection and approval,but only as to the proposed drainage system,including detention basins. 75)Prior to issuance of any grading permits,a bond,cash deposit,or other City- approved security,shall be posted to cover the costs of grading in an amount to be determined by the Director of Public Works.The bond,cash deposit,or other City-approved security,at a minimum,shall be sufficient to pay for the cost of restoring the project site to an acceptable condition,as determined by the Building Official and the Director of Public Works,in the event that the project is not completed and shall include,but not be limited to,stabilizing and hydro- seeding all slopes,completing all retaining walls that are required to maintain the slopes,installing erosion control improvements,and filling in grade depressions or holes.Said security shall be released after all grading related activities are completed and after the approval of the as-built grading plans by the Building Official. 76)Prior to issuance of a grading permit,the applicant shall provide the Community Development Director a plan that demonstrates how dust generated by grading activities will be mitigated so as to comply with the South Coast Air Quality Management District Rule 403 and the City's Municipal Code requirements that require watering for the control of dust. 77)Prior to the issuance of any grading permit,the applicant shall prepare a plan indicating,to scale,clear sight triangles,which shall be maintained at the reconfigured driveway intersection.No objects,signs,fences,walls,vegetation, or other landscaping shall be allowed within these triangles in excess of thirty inches in height as measured from the adjacent curb. 78)Prior to the issuance of any grading permit,the following improvements shall be designed in a manner meeting the approval of the Director of Public Works:1) all provisions for surface drainage;2)all necessary storm drain facilities, including the detention basin,extending to a satisfactory point of disposal for the proper control and disposal of storm runoff;anq 3)all water quality related Resolution No.2010-42 Exhibit A Page 18 of 39 1-36 improvements.Where determined necessary by the Director of Public Works, associated utility easements shall be dedicated to the City. 79)Prior to the issuance of any grading permit,the applicant shall record a restricted use covenant,to the satisfaction of the City Attorney and the City Geologist,that prohibits the development of buildings or other structures and improvements within the designated Building Geologic Setback Area as described in the applicant's geotechnical reports and as depicted on the site and grading plans. Limited irrigation in this area shall be permitted pursuant to the approval of the City's Geologist as stated in these Conditions of approval.Said Building Geologic Setback Area shall be shown on all future plans. 80)Prior to the issuance of building permits,a Geology and/or Soils Engineer's report on the expansive properties of soils on all building sites shall be submitted for review and approval by the City Geologist.As required in Condition No.67, the applicant shall provide the City with documentation of the on-site location of bentonite soil material. 81)Prior to the issuance of a building permit,an as-built geological report shall be submitted for new structures to be founded on bedrock,and an as-built soils and compaction report shall be submitted for new structures to be founded on fill as well as for all engineered fill areas. 82)Prior to the issuance of any grading permit,the applicant's project geologist shall review and approve the final plans and specifications and shall stamp and sign such plans and specifications. 83)Prior to the issuance of any grading permit,a grading plan review and geologic report,complete with geologic map,shall be submitted for review and approval by the City's Geotechnical Engineer. 84)Except as specifically authorized by these approvals,foundations shall be set in accordance with the RPVMC and shall extend to such a depth as to be unaffected by any creep-prone surficial soil and/or weathered bedrock.Field review and certification by the project geologist is required. 85)All grading shall be monitored by a licensed engineering geologist and/or soils engineer in accordance with the applicable provisions of the RPVMC and the recommendations of the City Engineer.Written reports,summarizing grading activities,shall be submitted on a weekly basis to the Director of Public Works and the Community Development Director. Resolution No.2010-42 Exhibit A Page 19 of 39 1-37 86)The project shall comply with all appropriate provisions of the City's Grading Ordinance,unless otherwise approved in these conditions of approval. 87)Grading activity on-site shall occur in accordance with all applicable City safety standards. 88)Prior to final grading inspection by Building and Safety,the graded slopes shall be properly planted and maintained in accordance with the approved Landscape Plan required in Condition Nos.164 and 165.Plant materials shall generally include significant low ground cover to impede surface water flows. 89)Prior to final grading inspection by Building and Safety,all manufactured slopes shall be contour-graded to achieve as natural an appearance as is feasible and shall be less than 35%. 90)Any water features (fountains,etc.),including the detention basin,shall be lined to prevent percolation of water into the soil.Designs for all water features shall be included on the grading plans submitted for review by the City's Building Official and Geotechnical Engineer prior to the issuance of any grading permits. 91)The proposed swimming pool shall be lined and shall contain a leak detection system,subject to review and approval by the City's Building Official. 92)The use of on-site rock crushing equipment and raw stone cutting shall be prohibited.However,cutting and shaping of pre-cut stone veneer,as deemed acceptable by the Community Development Director,for the final fitting and installation of said stone veneer on the building and site walls shall be allowed provided that the stonecutting occurs immediately adjacent to the areas where the stone veneer is being applied and as far as possible from nearby residences. The Community Development Director has the authority to limit any stone cutting that is determined by the Director to adversely impact the neighbors,including but not limited to restricting the hours of stone cutting,restricting the areas of stone cutting and/or limiting the number of stone cutting saws and requiring saws to be located within a structure. 93)Retaining walls shall be limited in height as identified on the grading plans reviewed and approved by the City Council at its March 31,2010 meeting.Any retaining walls exceeding the permitted heights shall require the processing of a revised grading permit for review and approval by the City Council at a duly noticed public hearing as set forth in the provisions of the Municipal Code. Resolution No.2010-42 Exhibit A Page 20 of 39 1-38 UTILITIES 94)Prior to issuance of the final inspection for the project grading,all new utilities exclusively serving the project site shall be placed underground including cable television, telephone,electrical,gas and water.All appropriate permits shall be obtained for any such installation.Cable television,if utilized,shall connect to the nearest trunk line at the applicant's expense. 95)No above ground utility structure cabinets,pipes,or valves shall be constructed within the public rights-of-way without prior approval of the Director of Public Works.If permitted,above ground utility structure cabinets,pipes,or valves shall not impede on the pedestrian circulation flow. 96)Use of satellite dish antenna(e)or any other antennae shall be controlled by the provisions set forth in the RPVMC.Centralized antennae shall be used rather than individual antennae for each building. 97)Prior to issuance of any building or grading permits,the applicant shall prepare sewer plans in accordance with the Countywide Sewer Maintenance District. The applicant shall be responsible for the transfer of sewer facilities to the Countywide Sewer Maintenance District for maintenance. 98) A sewer improvement plan shall be prepared as required by the Director of Public Works,Building Official,and the County of Los Angeles. 99)Prior to issuance of building or grading permits,the applicant shall submit to the Director of Public Works,a written statement from the County Sanitation District accepting any new facility design and/or any system upgrades with regard to existing trunk line sewers.Said approval shall state all conditions of approval,if any. 100)Prior to issuance of any final Certificate of Occupancy,if applicable,the applicant shall dedicate sewer easements to the City,subject to review and approval by the Community Development Director and the Director of Public Works with respect to the final locations and requirements of the sewer improvements. 101)Sewer Improvement plans shall be approved by the County of Los Angeles,the County Sanitation Districts,and the Director of Public Works. 102)A sewer connection fee shall be paid to the County Sanitation Districts of Los Angeles County prior to the issuance of a permit to -ponnect to the sewer line. Resolution No.2010-42 Exhibit A Page 21 of 39 1-39 103)Prior to the construction of any water facilities,the Director of Public Works shall review and approve the water improvement plan.Any water facilities that cannot be constructed below ground shall be located on the subject property and screened from view from any public rights-of-way,to the satisfaction of the Director of Public Works and the Community Development Director.In addition, an easement to California Water Service shall be dedicated prior to issuance of any grading or building perm~ts. 104)The project site shall be served by adequately sized water system facilities that shall include fire hydrants of the size and type and location as determined by the Los Angeles County Fire Department.The water mains shall be of sufficient size to accommodate the total domestic and fire flows required for the development. Qomestic flow requirements shall be determined by the City Engineer.Fire flow requirements shall be determined by the Los Angeles County Fire Department and evidence of approval by the Los Angeles County Fire Department is required prior to issuance of building permits. 105)Framing of structures shall not begin until after the Los Angeles County Fire Department has determined that there is adequate fire fighting water and access available to such structures. 106)The applicant shall file with the Director of Public Works an unqualified "will serve"statement from the purveyor serving the project site indicating that water service can be provided to meet the demands of the proposed development. Said statement shall be dated no more than six months prior to the issuance of the building permits for the project.Should the applicant receive a qualified "will serve"statement from the purveyor,the City shall retain the right to require the applicant to use an alternative water source,subject to the review and approval of the City,or the City shall determine that the conditions of the project approval have not been satisfied. 107)Prior to the issuance of building or grading permits,the applicant shall file with the Director of Public Works,a statement from the purveyor indicating that the proposed water mains and any other required facilities will be operated by the purveyor,and that under normal operating conditions the system will meet the needs of the project. HYDROLOGY AND WATER QUALITY 108)Prior to issuance of any grading permit,the applicant shall submit an updated Master Drainage Plan for the College campus and any adjacent tributary area, including supporting documents,for review and apRroval by the Director of Public Works,Building Official,and Geologist.The Plan shall demonstrate adequate Resolution No.2010-42 Exhibit A Page 22 of 39 1-40 storm protection from the design storm,under existing conditions,as well as after the construction of future drainage improvements by the City along Palos Verdes Drive East immediately abutting the project site.The updated Master Drainage Plan shall also include,but not be limited to,the items listed in the adopted Mitigation Monitoring and Reporting Program and the following: •Drop inlets connecting to the proposed storm drain system shall be added along the eastern edge of the subject site including the eastern parking area. The added drop inlets shall extend to the rose garden. •An on-site storm water collection system that is designed to prevent water run-off flows from entering off-site properties,including properties on Vista del Mar and the City-owned San Ramon Reserve (Palos Verdes Nature Preserve) •Identification of the final size of the detention basin. •Sheet overflow and ponding shall be eliminated or the floors of buildings with no openings in the foundation walls shall be elevated to at least twelve inches above the finished pad grade •Calculations shall be made according to the latest adopted Los Angeles County Department of Public Works Drainage Calculation Methodologies. 109)Prior to issuance of any building or grading permits,the applicant shall submit for review and approval by the Director of Public Works a Storm Water Pollution Prevention Plan (SWPPP)to ensure compliance with the current California State Regional Water Quality Control Board (RWQCB)regulations. 110)The irrigation system and area drains proposed shall be reviewed and approved by the City's Geotechnical Engineer,Building Official and Director of Public Works. 111)A construction specific drainage report(s)shall be prepared demonstrating that the grading,in conjunction with the drainage improvements,including applicable swales,channels,street flows,catch basins,will protect all building pads from design storms,as approved by the Building Official and the Director of Public Works. 112)All drainage swales and any other at-grade drainage facilities (detention basin, etc.),including gunite swales,shall be of an earth tone color,as deemed appropriate by the Community Development Director. 113)Prior to the issuance of any grading permit,the applicant shall demonstrate to the satisfaction of the Director of Public Works and City Engineer that the design storm can be conveyed through the site without Gonveying the water in a pipe and without severely damaging the integrity of the Standard Urban Stormwater Resolution No.2010-42 Exhibit A Page 23 of 39 1-41 Mitigation Plan (SUSMP).If such integrity cannot be demonstrated,the applicant shall redesign the SUSMP to the satisfaction of the Director of Public Works and City Engineer,which may require off-site flows to be diverted into a piped system and carried though the site. 114)Prior to the issuance of any grading permit that proposes to convey off-site drainage through the subject property,the applicant shall execute an agreement with the City that is satisfactory to the City Attorney agreeing to defend,indemnify and hold the City,members of its City Council,boards,committees, commissions,officers,employees,servants,attorneys,volunteers,and agents serving as independent contractors in the role of city or agency officials, (collectively,"Indemnitees")harmless from any damage that may occur to the subject property or to any improvements,persons or personal property located on the subject property due to the flow of off-site storm flows that are designed, as of the date the College's drainage plans are approved by the City,to flow onto, over,and through the subject property ("Claims").The indemnity agreement need not (i)obligate the Applicant or its successor or assigns to defend,indemnify or hold harmless any party other than the Indemnitees,or (ii) prohibit the Applicant or its successor or assigns from taking any action against parties other than Indemnitees with respect to the Claims or on any other basis. 115)Prior to the acceptance and final inspection of the storm drain system,all catch basins and public access points that crosses or abut an open channel shall be marked with a water quality message in accordance with the SUSMP and SWPPP. 116)Prior to issuance of any building or grading permit,the applicant shall submit for approval by the City a SUSMP pursuant to the guidelines in Development Planning for Storm water Management -A Manual for the Standard Urban Storm water Mitigation Plan (SUSMP)prepared by Los Angeles County Department of Public Works 2002 (or most current version).The SUSMP shall include both structural and non-structural BMPs and shall comply with RWQCB and applicable National Pollution Discharge Elimination System (NPDES) permits.The SUSMP shall identify how on-site flows and off-site water flows that mix with on-site water flows are treated for pollutants prior to leaving the site. The WQMP shall also include an Integrated Pest Management Plan (IPMP)that addresses the use of grasscycling and pesticides for the lawn and landscape areas including the athletic field. All costs associated with the review,installation and maintenance of the SUSMP and project related Best Management Practices (BMPs)shall be the responsibility of the applicant.If the plan requires s;onstruction of improvements, such plans shall be reviewed and approved by the Director of Public Works. Resolution No.2010-42 Exhibit A Page 24 of 39 1-42 117)Prior to issuance of any fincH Certificate of Occupancy,the SUSMP Maintenance Agreement,outlining the post-construction Best Management Practices,shall be recorded with the Los Angeles County Recorders Office. 118)Prior to issuance of any building or grading permits,the applicant shall file any required documents,including the Notice of Intent (NOI),and obtain all required permits from the California RVVQCB. 119)Prior to issuance of any building or grading permits,the applicant shall submit for review and approval by the Director of Public Works an Erosion Control Plan. Said Plan shall be designed in conformance with the City standards and the requirements of the RWQCB. 120)Prior to issuance of any final Certificate of Occupancy the applicant shall implement the project in full compliance with the standard urban storm water mitigation plan adopted by the RWQCB. 121)Prior to the approval of the SUSMP,the City's Geotechnical Engineer shall review and approve the Plan.In the event the City's Geotechnical Engineer determines that additional improvements need to be constructed,the applicant shall revise the Plan accordingly. 122)Marymount College,or subsequent landowners,shall maintain all on-site drainage facilities,including,but not limited to structures,pipelines,open channels,detention and desilting basins,mechanical and natural filtering systems,and monitoring systems.The cost of maintaining these systems shall be based on costs estimated and developed by the applicant and approved by the Director of Public Works and the City Engineer.A bond,letter of credit or other security acceptable to the City shall be provided to secure completion of such drainage facilities.A bond to cover the cost of their maintenance for a period of 2 years after completion shall also be provided to the City. 123)Subject to the agreement of Los Angeles County and if applicable,the applicant shall turn over all eligible drainage facilities to the Los Angeles County Public Works Department upon completion and acceptance of the facilities by the County of Los Angeles. SOURCE REDUCTION AND RECYCLING 124)Prior to issuance of any Certificate of Occupancy,the applicant shall prepare and submit to the Director of Public Works for review a,nd approval a comprehensive Integrated Waste Management Plan that addresses source reduction,reuse and Resolution No.2010-42 Exhibit A Page 25 of 39 1-43 recycling.The Plan shall include a description of the materials that will be generated,and measures to reduce,reuse and recycle materials,including,but not limited to,beverage containers,food waste,office and classroom waste.The Plan shall also incorporate grass cycling,composting,mulching and xeriscaping in ornamental landscaped areas.It is the City's intention for the project to meet Local and State required diversion goals in effect at the time of operation.The specifics of the Plan shall be addressed by the applicant at the time of review by the Director of Public Works.' 125)Prior to issuance of any building or grading permits,an approved Construction and Demolition Materials Management Plan (CDMMP or the Plan)shall be prepared and submitted to the Director of Public Works for approval.The CDMMP shall include all deconstruction,new construction,and alterations/additions.The CDMMP shall document how the Applicant will divert 85%of the existing on-site asphalt,base and concrete,through reuse on-site or processing at an off-site facility for reuse.The Plan shall address the parking lots,concrete walkways,and other underground concrete structures.The Plan shall also identify measures to reuse or recycle building materials,including wood,metal,and concrete block to meet the City's diversion goal requirements as established by the State Integrated Waste Management Act (AB 939).In no case shall the Plan propose to recycle less than the State mandated goals as they may be amended from time to time. 126)Prior to issuance of any Certificate of Occupancy a Construction and Demolition Materials Disposition Summary (Summary)shall be submitted to the Director of Public Works upon completion of deconstruction and construction.The Summary shall indicate actual recycling activities and compliance with the diversion requirement,based on weight tags or other sufficient documentation. 127)Where possible,the site design shall incorporate for solid waste minimization,the use of recycled building materials and the re-use of on-site demolition debris. 128)The project site design shall incorporate areas for collection of solid waste with adequate space for separate collection of recyclables. OPERATIONAL 129)Any repair work conducted in or outside the Maintenance Building that may be visible to the public,including from the public right-of-way,shall be screened with landscaping from public view. 130) Unless an earlier time is specified in these COQditions of Approval,campus facilities open for student,participant,and public use shall close by 10:00 p.m. Resolution No.2010-42 Exhibit A Page 26 of 39 1-44 with the exception of the Library,Auditorium,and Athletic Building,which shall close by 11 :00 p.m.Notwithstanding the foregoing,the College may hold up to six student activity events,such as dances,within a calendar year in which campus facilities for such events may remain open until midnight provided that at least three weeks before the event,the College provides written notice of the special event to the Community Development Director.All such events shall also be posted on the College's ~ebsite. 131)The following areas of the campus shall be closed for all use between sunset and sunrise and such hours of closure shall be visibly posted in the applicable location,unless a special use permit is obtained: •Library Building outdoor deck •athletic field •tennis courts •Athletic Facility outdoor balcony •rose garden 132)Use of the outdoor pool shall be prohibited between 10:00 p.m.and 6:00 a.m. Monday through Friday,and between 8:00 p.m.and 6:00 a.m.on Saturday and Sunday,unless a Special Use Permit is obtained. 133)The delivery of goods and supplies,including food supplies,shall be limited to the hours between 7:00 a.m.and 7:00 p.m.,Monday through Sunday. 134)All regular truck deliveries shall use the loading docks adjacent to the student union. 135)24-hour campus security shall be provided,including but not limited to the monitoring of parking lots,to ensure outdoor noise levels are kept to a minimum and the College's Code of Conduct,as described in the Mitigation Monitoring and Reponing Program attached to Resolution No.2010-41,is being adhered to. Between the hours of 7 a.m.and 7 p.m.,Monday to Friday,a security guard shall be on duty at the information booth located near the campus entrance.At all other times,the campus security shall patrol the campus. 136)The use of outdoor amplification equipment for outdoor events shall be prohibited unless a Special Use Permit is obtained.Prior to September 1st of each year,the College may request an annual Special Use Permit to conduct no more than 24 outdoor events that include amplified sound,including sporting events, graduation ceremonies,and evening tent events,during the next twelve months (ending August 31 st)Such activities and other outdoor events shall only be allowed to occur at Chapel Circle,the plazas adjacent to the Library and the Resolution No.2010-42 Exhibit A Page 27 of 39 1-45 Auditorium (as shown on the site plan approved by the City Council),and the outdoor pool area.The Athletic Field and Tennis Courts may only be used with amplified sound for graduation ceremonies. 137)The existing preschool shall discontinue its operation upon the demolition of the building occupied for this use in Phase I,as described in these Conditions of Approval.The future use of a preschool,either within an existing building or in a new building that needs to be constructed,shall require a revision to this Conditional Use Permit pursuant to the provisions stated in the RPVMC and the appropriate environmental review. 138)The College shall establish a Neighborhood Advisory Committee consisting of <me representative selected by each of the following neighboring homeowner's associations:EI Prado,San Ramon,Mira Catalina,Seacliff Hilltop,and Mediterrania;two at-large representatives who live within 3000 feet of the campus (one of which shall be selected by the Community Development Director and one by the College);and a representative from City Staff (non-voting member). The Committee shall meet,at a minimum of once every fall and spring term,to review any campus operational and neighborhood concerns.Reports on the meetings shall be provided to the City Council. PROGRAMS I STUDENT ENROLLMENT 139)The use of the College campus is permitted for only the following academic and recreational programs and related activities as further described below and defined in Condition 140: •Traditional Degree Programs •Non-Traditional Degree Programs •Continuing Educational Programs,such as but not limited to English as a Second Language (ESL) •Recreational Activities •Summer Educational Programs,such as but not limited to: o Upward Bound o High School Courses o International Students Taking ESL courses The use of the campus by groups or organizations unaffiliated with the College's educational and recreational programs listed above that would have less than 100 participants or visitors present on campus at one time or would occupy less than 20%of the 463 required parking spaces during such use is also allowed. Any and all other uses and activities on the College campus that do not meet this threshold are prohibited unless approved with a revision to this Conditional Use Resolution No.2010-42 Exhibit A Page 28 of 39 1-46 Permit or a Special Use Permit is obtained,whichever is applicable based on the request. The sub-leasing of the campus for commercial purposes that are unaffiliated with the College is prohibited. 140)The College's "Traditional .Degree Programs"are the academic programs (Associates and Bachelors degrees)that offer classes primarily during the day on weekdays (Monday to Friday).The College's "Non-Traditional Degree Programs"are the academic programs (Associates,Bachelors,and Masters degrees)that offer classes,including post-secondary academic classes,primarily during weekday evenings and on weekends (Saturday and Sunday),so as to generally avoid overlap with the class schedules of the Traditional Degree Programs.The Traditional and Non-Traditional Degree Programs are referred collectively as the "Degree Programs." 141)The College may also provide lifelong learning programs ("Continuing Education Programs")such as English as a second language (ESL).For the purposes of this Conditional Use Permit,all students in such Continuing Education Programs will be included as part of the total full-time and part-time permitted student enrollment for both the Traditional and Non-Traditional Degree Programs.The determination as to which enrollment category such students are counted towards will be based on whether the applicable classes are primarily offered during the weekdays (in which case the students would be classified as part of the Traditional Degree Program enrollment)or nights/weekends (in which case they would be classified as part of the Non-Traditional Degree Program enrollment). 142)As used in this Conditional Use Permit,a "student"means either a "full-time student,"who is a person enrolled in a Bachelor of Arts or Associates of Arts Degree Program or a Continuing Education Program on campus for at least 12 hours of course work during the applicable Term (as defined below),or a "part- time student,"who is a person enrolled in a Bachelor of Arts or Associates of Arts Degree Program or Continuing Education Program on campus for at least 3 hours,but up to 11 hours,of course work during the applicable Term. 143)The campus facilities may also be used for "Summer Educational Programs." Summer Educational Programs are educational programs for persons generally 14 years or older such as college-credit classes for local high school students, Upward Bound,and international students taking ESL classes along with other educational classes and recreational activities.Persons enrolled in Summer Educational Programs are referred to in this CUP as "participants"for the purpose of establishing enrollment limitations. Resolution No.2010-42 Exhibit A Page 29 of 39 1-47 144)The College may operate·throughout the calendar year under the following general "Term"schedule:"Fall Term"(August through December),"Winter Term" (January),"Spring Term"(February to May)and "Summer Term"(June through July/August). The College shall provide all of its incoming students a driver's training course regarding local roadway conditions.The total number of students receiving the required driver's training course shall be included in the enrollment report for each term as described in Condition No.146. 145)The following enrollment limitations apply: A.The maximum total permitted enrollment in Traditional Degree Programs on campus during the Fall,Winter,and Spring Terms is 793 students (full- time and part-time).Of these 793 students,a maximum of 250 students shall be enrolled in a Bachelor of Arts degree program (BA Program).For the Summer Term,if other educational or recreational programs are concurrently offered during weekdays,the maximum total permitted enrollment in Traditional Degree Programs must be proportionally reduced so that the combined enrollment in all such programs (e.g.,Traditional Degree Programs and Summer Educational Programs)does not exceed a total of 600 students (full-time and part-time)and participants. B.The maximum total permitted enrollment in Non-Traditional Degree Programs on campus during any Term is 150 students. C.The maximum total permitted enrollment in any combination of Traditional Degree Programs and Summer Educational Programs offered concurrently during summer weekdays (June to August)is 600 students and participants. 146)The College shall submit to the City an enrollment report for each Term within an academic year for all Traditional and Non-Traditional Degree Programs and Summer Educational Programs no later than 30-days after a term has commenced.Failure to submit such a report on a timely basis will constitute a violation punishable by administrative citation per the RPVMC. NOISE I MECHANICAL EQUIPMENT 147)All new mechanical equipment,regardless of its location,shall be housed in enclosures designed to attenuate noise to a level of 65 dBA CNEL at the project site's property lines.Mechanical equipment for food service shall incorporate filtration systems to reduce exhaust odors. Resolution No.2010-42 Exhibit A Page 30 of 39 1-48 148)Mechanical equipment shall be oriented away from any sensitive receptors such as neighboring residences;and where applicable,must be installed with any required acoustical shielding. 149)All hardscape surfaces,such as the parking area and walkways,shall be properly maintained and kept clear of trash and debris.The hours of maintenance of the project grounds shall be restricted to Mondays through Fridays from 7:00 a.m.to 5:00 p.m.,and on Saturdays from 9:00 a.m.to 4:00 p.m.Said maintenance activities shall be prohibited on Sundays and Federal holidays listed in the RPVMC. 150)Noise levels resulting from on-campus activities (parking areas,athletic field, tennis courts,swimming pool,and outdoor gathering areas and plazas),including those allowed through the annual Special Use Permit except for graduation ceremonies,shall not exceed 65 dba CNEL at all property lines.Within 6 months of completion of each Phase of the Facilities Plan,as described in these conditions,the College shall provide the City with sound test reports prepared by a certified noise consultant that is approved by the Community Development Director.Said sound test reports shall be taken at locations indentified by the Community Development Director,to establish compliance with this condition. The College shall establish a Trust Deposit,in an amount deemed acceptable by the Community Development Director,to cover all City costs incurred for the noise monitoring. LIGHTING 151)The applicant shall prepare and submit a Lighting Plan for the project site that is in compliance with the RPVMC.The Lighting Plan,including a Photometric Plan, shall clearly show the location,height,number of lights,wattage and estimates of maximum illumination on site and spill/glare at property lines for all exterior circulation lighting,outdoor building lighting,trail and sidewalk lighting,parking lot lighting,landscape ambiance lighting,and main entry sign lighting.The Lighting Plan shall be submitted for review and approval by the Community Development Director prior to issuance of any building permit.An as-built lighting plan shall be submitted to the City prior to the issuance of the Final Certificate of Occupancy for each construction phase (as described in the conditions herein). Prior to the installation of anyon-site lighting for the parking lots and walkways, one illuminated mock-up of each type of light fixture that would be used for the parking lots and walkways shall be set-up for review and approval by the Community Development Director to ensure compliance with the Municipal Code.The applicant shall make any adjustments to the light fixtures determined Resolution No.2010-42 Exhibit A Page 31 of 39 1-49 by the Community Development Director necessary to prevent the fixture from being excessively bright or creating other adverse impacts. 152)Parking and Security lighting shall be kept to minimum safety standards and shall conform to City requirements.Fixtures shall be shielded so that only the subject property is illuminated;there shall be no spillover onto residential properties or halo into the night sky.A trial period of thirty (30)days from the installation of all the project exterior lighting,>including building and parking lot lighting shall be assessed for potential impacts to the surrounding properties.At the end of the thirty (30)day period,the Community Development Director may require additional screening or reduction in the intensity or numbers of lights which are determined to be excessively bright or otherwise create adverse impacts. Furthermore,said lighting shall be reviewed as part of the six (6)month review described in Condition No.18. 153)No outdoor lighting is permitted where the light source or fixture,if located on a building,is above the line of the eaves.If the light source or fixture is located on a building with no eaves,or if located on a standard or pole,the light source or fixture shall not be more than ten feet above existing grade,adjacent to the building or pole. 154)No outdoor lighting shall be allowed for the tennis courts or the athletic field, other than safety lighting used to illuminate the walkways and trails through the campus.A Special Use Permit shall be obtained for the temporary use of lighting in these areas for special events as described in Condition No.139. 155)The light standards at the parking lot along the property line adjacent to the properties located on San Ramon Drive shall be no higher than the top of the existing 5-foot tall privacy wall. 156)The light standards at the east parking lot,located within the lower tier,shall be limited to a height of 42-inches,as measured from adjacent finished grade. PARKING 157)Prior to the issuance of any grading permit,a Parking Lot Plan shall be reviewed and approved by the Community Development Director.The Parking Lot Plan shall be developed in conformance with the parking space dimensions and parking lot standards set forth in RPVMC or allowed in this condition of approval, and shall include the location of all light standards,planter boxes,directional signs and arrows.No more than 20%of the total parking spaces shall be in the form of compact spaces. Resolution No.2010-42 Exhibit A Page 32 of 39 1-50 158)The applicant shall construct and maintain no fewer than 463 on-site parking spaces consisting of 391 standard parking spaces at a minimum dimension of 9' wide by 20'deep and a maximum 72 compact parking spaces at a minimum dimension of 8'wide by 15'deep.In addition,the applicant shall construct and maintain off-street loading spaces pursuant to the criteria set forth in Section 17.50.050 of the RPVMC. Prior to the completion of'Phase I,as described in Condition No.60,the applicant shall institute,to the satisfaction of the Community Development Director and the Director of Public Works,a Parking Management Strategies Plan to reduce College related parking in order to minimize street parking by students and visitors by the following values: •11 percent or greater for student enrollment between 744 and 793; • 6 percent or greater for student enrollment between 694 and 743; • 0 percent or greater for student enrollment of 693 or less. Parking Management Strategies may include,but are not limited to,the following: •Provision of "carpool only"parking spaces •Implementation of parking restrictions for students living in College-owned off-campus residential housing •Utilization of remote parking •Provision of increased shuttle service •Offering of financial incentives,such as providing transit passes •Utilization of campus security to direct vehicles to available on-campus parking during peak times (8am to noon,Monday through Friday) •Utilization of campus security personnel to monitor street parking and direct students and visitors to available on-campus parking spots A Parking Management Strategy Program shall be prepared and submitted by the Applicant for review and approval by the Community Development Director, by July 1st of every year.Said Program shall: •Document the prior-year's achieved parking demand reductions; •Identify strategies for use in the upcoming academic school year; •Be modified on an as needed basis,as deemed necessary by the Community Development Director. 159)Parking on the east side of the campus adjacent to the properties on San Ramon Drive in the area marked on the site plan reviewed and approved by the City Council at its March 31,2010 meeting shall be limited to faculty and staff Resolution No.2010-42 Exhibit A Page 33 of 39 1-51 between 7:00 a.m.and 10:00 p.m.All parking between 10:00 p.m.and 7:00 a.m. is prohibited in this area. 160)Parking at the lower terrace of the eastern parking lot in the area marked on the site plan reviewed and approved by the City Council at its March 31,2010 meeting shall be prohibited between 7:00 p.m.and 7:00 a.m.During this period this portion of the parking lot must be closed off with the use of a chain or other similar devise to prevent cars from parking or accessing this area. 161)Prior to the final inspection of project grading in Phase One,emergency vehicular access shall be installed at the project site.A plan identifying such emergency access shall be submitted to the Los Angeles County Fire Department and the Director of Public Works for review and approval prior to issuance of any building permit. 162)Prior to issuance of any building permit,the applicant shall prepare an Emergency Evacuation Plan for review and approval by the Community Development Director.Such plan shall comply with the City's SEMS Multihazard Functional Plan. 163)The use of grasscrete pavers shall be prohibited within the Geologic Building Setback Area. LANDSCAPING 164)A Landscape Plan shall be prepared by a qualified Landscape Architect in accordance with the standards set forth in RPVMC.The Landscape Plan shall be reviewed and approved by the Community Development Director,a qualified Landscape Architect,and an Arborist hired by the City,prior to the issuance of any building or grading permits.The applicant shall establish a Trust Deposit account with the City prior to the submittal of Landscape Plans to cover all costs incurred by the City in conducting such review.The Landscape Plan shall include,at a minimum,the plant species (Latin and common names),growth rate,and maximum height at maturity for all proposed trees.The Landscape Plan shall also identify the areas to be landscaped based on the phased construction plan described in these conditions of approval.Included in the Landscape Plan shall be a maintenance schedule as stated in these conditions. During the Director's review,the Landscape Plan shall also be made available to the public for review and input. The Landscape Plan shall comply with the water conservation concepts,the View Preservation Ordinance,the planting requir~ments,the irrigation system design criteria,and all other requirements of the RPVMC.All new trees and Resolution No.2010-42 Exhibit A Page 34 of 39 1-52 foliage shall not exceed 16-feet in height,as measured from grade adjacent to the tree or foliage,except along the south slope of the campus where the height of such new trees must be maintained at a level below the ridgeline of the nearest structure to the tree or foliage. Prior to the completion of Phase I,as described in Condition No.60,the existing eucalyptus trees located on the upper western portion of the southern slope and the existing canary pine tre'es located at the existing parking lot and drop-off circle shall either be laced,trimmed,removed or any combination thereof,as determined by the Community Development Director to restore views of Catalina Island from the viewing area of properties to the north,including 2925 Crest Rd. 165)The applicant shall preserve existing on-site mature trees for the purpose of incorporating the mature trees into the landscaping of the southern slope,which shall be planted in a manner to reasonably screen the Athletic Building and the retaining walls that support the Fire Access Lane when viewed from the Palos Verdes Drive East roadway.The selection of the mature trees for preservation and re-planting shall be made by the Community Development Director based on consultation with the City Arborist.The re-planting of the mature trees shall occur prior to the completion of Phase I as described in Condition No.60. Additionally,the applicant shall replace any of the existing trees removed from the southern slope and the adjacent area prior to the completion of Phase I,as described in Condition No.60,with 24"box trees at a 2:1 ratio,to minimize the scarring or erosion of the southern slope that may result from the project grading. Included in the Landscape Plan described in the above Condition No.164,the applicant shall indicate the location of the existing mature trees that will be removed,preserved,and replanted.The replacement tree species shall be approved by the Community Development Director based on consultation with the City Arborist as part of the Landscape Plan review and prior to the issuance of any grading permit.If any of the retained mature trees become diseased or die,such trees shall be removed and replaced with 24"box trees at a 2:1 ratio by the applicant within thirty days of removal with a tree species approved by the Community Development Director after consultation with the City Arborist.The College shall establish a Trust Deposit account with the City to cover costs incurred by the City Arborist's in implementing this condition. 166)Where practical,landscaping shall be planted and maintained to screen the project buildings,ancillary structures,and the project's night lighting as seen from surrounding properties and/or public rights-of-way,as depicted on the Landscape Plan.Landscaping,as described in Condition No.165,shall be planted and maintained to reasonably screen the Athletic Building and the retaining walls for the Fire Access Lane from Palos Verdes Drive East and down-slope properties. Resolution No.2010-42 Exhibit A Page 35 of 39 1-53 167)All landscaping shall be planted and maintained in accordance with the City approved Landscape plan ..During project construction,the respective planting for each phase must be completed prior to the issuance of the certificate of occupancy for the adjacent building or improvement area,as deemed appropriate by the Community Development Director. 168)The area between the retaining wall along the eastern parking area and the existing privacy wall for the adjacent properties along San Ramon Drive shall be used as a landscaped buffer area and planted with trees not to exceed 16-feet in height to provide additional screening. 169)The area between the front and street-side property lines and the required 42- inch wrought iron fence/wall adjacent to the parking areas and the 6-foot wrought iron fence along the curvature of Palos Verdes Drive East between the northeastern corner of the tennis courts and the detention basin shall be landscaped and maintained on both sides of the fence/wall. 170)Prior to issuance of any grading permit,a Campus Landscape Maintenance Plan shall be submitted and approved by the Community Development Director.At a minimum,the Campus Landscape Plan shall be consistent with the following requirements: •That landscape maintenance activities,including lawn mowing,are prohibited between the hours of 7:00 p.m.and 7:00 a.m.Monday through Saturday,and on Sundays and Federal holidays. •That the use of weed and debris blowers and parking lot sweeping shall be prohibited before 8:00 a.m.or after 5:00 p.m.,Monday through Friday, or before 9:00 a.m.or after 4:00 p.m.on Saturday or at any time on Sundays and Federal holidays. •General identification of the irrigation hours. •General tree pruning and trimming schedule. The implementation of the Campus Landscape Maintenance Plan shall be formally reviewed by the Community Development Director three (3)months after the installation of the campus landscaping for each phase of construction,and shall be subsequently reviewed by the City Council at the six (6)month review described in Condition No.18.At either review,the Director and/or the City Council may determine that the Plan needs to be revised to address confirmed noise impacts. Resolution No.2010-42 Exhibit A Page 36 of 39 1-54 If the City receives any justified noise complaints that are caused by the maintenance of the athletic field or campus landscape and lawn areas,as verified by the Community Development Director,upon receipt of notice from the City,the College shall respond to said verified complaint by notifying the City of the implementing corrective measures within 24 hours from the time of said notice. Notice of the Director's decision resulting from the 3-month review of Campus Landscape Maintenance Plan shall be provided to all interested parties and may be appealed to the City Council by any interested party.Any violation of this condition may result in the revocation of the Conditional Use Permit. 171)The area between the eastern parking lot and the property line (adjacent to the City-owned San Ramon Reserve)depicted on the approved site plan shall be landscaped with native plants that require little to no irrigation,as deemed acceptable by the City Geologist.Such landscaping shall be reviewed and approved by the Fire Department prior to planting for fuel modification compliance.Such plants shall not exceed a height of 42-inches,unless the Community Development Director determines that such landscaping may exceed 42-inches,but no higher than 7-feet,in order to minimize any view impairment to the properties at 2742 and 2750 San Ramon Drive. FENCES,WALLS,AND HEDGES 172)The applicant shall install and maintain a 42-inch tall combination wrought iron fence and wall,finished in a stone veneer similar to the approved entry signs, along the entire Palos Verdes Drive East frontage between the eastern property line (adjacent to the corner of the rear property line for San Ramon)to the northeastern corner of the eastern tennis courts.Said fence/wall shall be setback a minimum of 5-feet from the property line to allow this area to be landscaped,irrigated and maintained with approved plants,not to exceed 42- inches in height,as identified on the Landscape Plan. 173)The applicant shall construct a 6-foot tall screening wall along the College's eastern property line,as depicted on the approved site plan,beginning at the southwest corner property line for Lot 26 (2742 San Ramon Drive /Tooley property). 174)The applicant shall install and maintain a wrought iron fence,painted black,along the westerly edge of the property,between the northeast corner of the tennis courts and the detention basin,at a maximum height of 6-feet and 80%open to light and air,as permitted with the City Council's approval of the Minor Exception Permit,as part of planning case number ZON2003-00317.Said wrought iron fence shall be setback a minimum of 3-feet from the property line to allow this Resolution No.2010-42 Exhibit A Page 37 of 39 1-55 area to be landscaped,irrigated and maintained with approved plants,not to exceed 42-inches in height,as identified on the Landscape Plan.The installation of lighting onto said fence is prohibited. 175)The applicant shall install and maintain a retractable net at the south,north and west sides of the Athletic Field as depicted in Athletic Field Alternative D-2 and the plans dated December 2008 and January 2009.Said net,when extended, shall not exceed a height of 30-feet,as measured from the lowest adjacent grade (891 ')on the Athletic Field side.The Athletic Field net shall be extended at all times when the field is used for recreational activities involving balls and shall be lowered at the conclusion of the recreational activity.Recreational activities requiring the use of said net shall be prohibited on Sundays and the Federal holidays listed in the RPVMC,unless a Special Use Permit is obtained. Use of the Athletic Field shall be prohibited for activities involving baseballs,golf balls,or other similar sized balls that cannot be adequately contained by the use of the field net. 176)The use of chain link fencing shall be prohibited within the front and street-side setback yards (along Palos Verdes Drive East)with the exception of the chain link fencing for the tennis courts permitted with the City Council's approval of the Minor Exception Permit,as part of planning case number ZON2003-00317. 177)The chain link fence for the tennis courts shall be 20-feet in height along the entire perimeter.of the westerly tennis courts and 10-feet in height for the easterly tennis courts (including combined retaining walls and fencing),as measured from the lowest adjacent finished grade to the top of the fence.Said fence shall consist of a green or black mesh that is 80%open to light and air.The installation of lighting onto said fence is prohibited. 178)All pools and spas shall be enclosed with a minimum 5'high fence (80%open to light and air),with a self-closing device and a self-latching device located no closer than 4'above the ground. SIGNS 179)The applicant shall be permitted to construct two entry signs,adjacent to the driveway entrance at Palos Verdes Drive East and Crest Road,at a maximum height of 6-feet and affixed to a stone veneer decorative wall,as illustrated in the project plans reviewed by the City Council on March 31,2010.The entry signs shall consist of individually mounted brass finished letters that are reverse channel lighting (back lit). Resolution No.2010-42 Exhibit A Page 38 of 39 1-56 180)Prior to the issuance of any grading permit by Building and Safety,the applicant shall submit for review and approval by the Community Development Director a Master Sign Plan that is consistent with the sign requirements of the RPVMC. The Master Sign Plan shall include,but not be limited to,the entry identification signs for the College,the way-finding signs,the building signs,and other signs related to an educational use to ensure that such signs are in compliance with the City's Codes. Resolution No.2010-42 Exhibit A Page 39 of 39 1-57 City Staff Letter Dated October 26,2011 1-58 CITVOF October 26,2011 Via email and U.S.Mail Marymount College Dr.Michael Brophy 30800 Palos Verdes Drive East Rancho Palos Verdes,CA 90275 RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT Subject:Marymount College Facilities Expansion Project -Condition No.158 Parking Management Strategies Dear Dr.Brophy, As you are aware,according to Condition No.158,the College is required to implement Parking Management Strategies,on an annual basis,to the satisfaction of the Community Development Director and the Director of Public Works to minimize street parking by Marymount students and visitors.In the spirit of the City's ongoing efforts to work with the College to address student parking on the streets adjacent to the College, various Parking Management Strategies have been identified by both the College and the City.The effectiveness of these Parking Management Strategies has been monitored by the City since the first day fall 2011 classes commenced,on August 29, 2011. On September 21,2011,the City notified the College of its observations of the effectiveness of the Parking Management Strategies,as described in the College's August 24,2011 letter,which were implemented during the first three weeks of school. Based on Staff's observations,the City concluded that the implemented strategies were ineffective because there were student cars,ranging between 70 and 90 cars,parked each day on Palos Verdes Drive East,Crest Road,and Calle Aventura primarily between the hours of 10am and 3pm.As such,pursuant to Condition No.158,the City required the College to implement the follOWing additional Parking Management Strategies by October 10,2011: •Temporarily reduce the number of designated carpool spaces at the south parking lot until carpooling increases,at which time the number of designated carpool spaces can increase in direct relation to the number of carpool permits issued. •Do not charge for parking permits. •Designate campus security or College personnel to monitor student parking on the streets,specifically at the driveway entrance.Utilize these individuals to 30940 HAWTHORNE BLVD./f<ANCHO PALOS VERDES.CA 90275-5391 PLANNINC,&CODE ENFORCEMENT DIVISION (310)544-5228/BllILOINe>&SAFETY DIVISION (310)265-7800 I DEPT r-AX (310)544-5293 E·MAIL PLANNING@r~PVC()M I WvVWPALOSVERDts C()M/I~PV 1-59 MARYMOUNT COLLEGE -PARKING MANAGEMENT STRATEGIES OCTOBER 26,2011 PAGE 2 •identify students who are carpooling and parking on the street so that these students are encouraged to use the designated carpool parking lot and promote the benefits of carpooling or using the shuttle service to students parking on the street. •Increase and promote the financial incentives to students who park at designated off...campus parking facilitie~and utilize the shuttle service..Incentives or a frequent..user program should be designed to 2lPpeal and to reward the user for daily and weekly use of the shuttle service. •Utilize public announcements,posters,and flyers identify the benefits in utilizing the shuttle service. •Utilize various aspects of social media to promote shuttle service or carpooling. •fmplemeht social events for shuttle users such as a IImeet &greet"mixer. On October 12,2011,the College provided the City with a written response to the City's September 21 sl letter.In Summary,the College's letter indicates that many of the strategies identified by the City in its September 21 sl letter are already being implemented by the College.The College also pointed out the following: •On ..street parking is busiest on Mondays,Tuesdays and Thursday,at peak periods when area residents have left for work and subsides before area residents retum home; •Neither the City nor the College has received complaints from area residents regarding the street parking in front of homes or related disturbances; •The initial impact of street parking occurs during the first few weeks of school and subsides over time as students settle into routines and become more aware of transportation options; •Students traveling from area neighborhoods (not student housing offered by the College)pose a larger problem because of minimal alternative transportation options;and, •The College is exploring areas of the community where students liVing off.. campus are concentrated to provide shuttle services. Since receiving the October 12th letter,Staff has continued to monitor the parking conditions at MarymountCollege to determine the effectiveness of the modified Parking Management Strategies.Based on Staff's observations,the on-street parking condition has not improved,and the currently implemented Parking Management Strategies continue to be ineffective.This is because there continues to be between 70-90 student cars parked on the public streets during peak periods (1 Dam and 3pm)while during the same period there continues to be only 0-5 parking spaces available on-campus. According to Condition No.60,the expanded parking 'lot,which is to provide 463 parking spaces on-campus (an increase of 120 parking spaces from the existing 343 space parking lot)is not required to be constructed until September 30,2012.However, according to Condition No.158,the College is required to implement Parking Management Strategies to minimize street parking by students and visitors.Based on 1-60 MARYMOUNT COLLEGE -PARKING MANAGEMENT STRATEGIES OCTOBER 26,2011 PAGE.3 the existing parking conditions observed by Staff,pursuant to Condition No.158,Staff is of the opinion that the only effective means for the College to minimize street parking by students and visitors is to provide,at a minimum,90 additional temporary parking spaces on-campus until the expanded parking lot is constructed.As discussed with the College on October 25 th ,the City is requiring the College to implement one,or any combination of,the following Parking Management Strategies so that 90 temporary parking spaces are provided on the College campus by the first day of Spring 2012 classes (January 9,2012)to minimize student and visitor street parking. 1.Off-Campus Parking and Shuttle for Faculty and Staff One of the parking management strategies the College is currently implementing is increased shuttle service for students between the RPV main campus and the College'ssatelUte campuses (PVDN North and Waterfront Campuses).As a means of increasing student ridership,the College offers the shuttle service free of charge and offers an express service to the RPV campus.The College is also considering offering financial incentives,such as gift cards,for the use of the shuttles.Staff has observed an increased frequency of the shuttle service but ridership,although increased from years past,still seems low. It is Staff's belief that the students'lack of useaf the shuttle is primarily based on convenience and behavior.To ask a student to park off-campus and use the shuttle service essentially requires a student to begin his or her day approximately one hour eartier,which is likely not conducive to a student's lifestyle.As such,City Staff believes that the College will be more successful in increasing shuttle ridership and reducing the on-campus parking demand if its faculty and $taff are required to park at its off-campus facilities and utilize the shuttle service.There are currently approximately 90 parking spaces (out of the existing 343 parking spaces)designated for faculty and staff parking.If the COllege required it$faCUlty and staff to park at the PVDN and/or Waterfront campuses and use the shuttles,up to 90 of these parking spaces can then be designated,at least temporarily until the expanded parking lot is constructed,for use by students. 2.Construction of a Temporary Parking Lot As previously reported,during peak hours the number of student cars parked on the street range between 70-90 cars.Another parking management strategy for consideration is for the College to prOVide an on-campus temporary parking lot that would accommodate up to 90 temporary parking spaces.This can be achieved by either one,or any combination of the f<:.')lIowing: a.Utilizing the unimproved area west of the existing preschool,the location of the proposed athletic field and tennis courts,as a temporary lawn or 1-61 M.ARYMOUNT COLLEGE -PARKING MANAGEMENT STRATEGIES OCTOBER 26,2011 PAGE 4 gravel parking lot.Minimal grading will be needed and access can be provided from the existing parking lot. b.Converting all or a portion of the eXisting athletic field into a temporary parking lot.In this case,vehicle access can be provided from a temporary driveway south of the academic bUilding. c.Converting portions of the existing tennis courts and/or basketball courts into a temporary parking lot.This can be achieved by removing the existing fencing .and equipment,and using slurry seal to pave over the court.Access can be provided off the existing parking lot. This required Parking Management Strategy is intended to be temporary only until the College's expanded parking lot Is constructed and operational.In order to allow a temporary parking lot,pursuant to Section 17.76.010.C,a temporary parking permit would be issued by the Community Development Director SUbject to certain conditions to minimize impacts upon neighboring properties. Moreover,as previously noted,the temporary parking lot would only be used during peak parking periods.,and would be closed off at all other times. 3.Valet13arking In cases when adequate parking is not available during peak periods,valet parking services could be utilized to stack cars in parking spaces.Based on the current parking lot configuration,the area on-campus that can likely accommodate valet parking is the southern parking lot in the area adjacent to the south facing fayade of the Student Union and the Academic Building.In order to minimize disruption to on-site vehicle circulation,vehicles queuing for drop-off and pick-up would occur within the driveway aisle past the existing Maintenance BUilding.Cars using the valet service that are not parked in stripped stalls would be parked in the driveway aisle perpendicular to the stalls.In order to be effective,this service would be offered free of charge to the students and visitors. It sho'uld be noted that this strategy cannot be considered independently but rather in combination with one of the previously listed strategies.This is because,based on Staff's calculations,the southern parking lot can only accommodate approximately 25 cars when parked perpendicular to the stripped stalls and,as previously stated,at a minimum,90 additional temporary parking spaces are currently needed to address the on-campus parking deficiency. Furthermore,20 feet of the eXisting 30-foot driveway aisle in the southern parking lot serves as an emergency vehicle lane and parked cars cannot obstruct such access.Lastly,the Fire Department will have to review and approve a valet parking plan before it can be approved and implem~nted. City Staff has proposed the aforementioned strategies to accomplish a reduction of student and visitor parking on the street.Staff believes these strategies will be effective because they do not solely put the responsibility on the students to seek alternatives to 1-62 MARYMOUNT COLLEGE -PARKING MANAGEMENT STRATEGIES OCTOBER 26,2011 PAGES the lack of available on-site parking,and provide students with available on-campus parking.In order for the above listed Parking Management Strategies to be most effective,the College also should provide a staff member at the driveway entrance to direct student vehicles to the newly designated parking spaces on-campus.The College also should use social media and other forms of advertisement to promote the newly created parking spaces and to discourage students from continuing to park on the streets.The suggested parking ma'nagement strategies identified herein,in combination with the strategies currently being implemented by the College,should achieve a significant reduction in student and visitor parking on the street,as required by Condition No.158,until the expanded parking lot is constructed. Thus,-in summary,pursuant to Condition No.158,the Director of Community Development and the Director of Public Works are requiring that the College provide a minimum of 90 temporary parking spaces on the College campus by the first day of Spring 2012 classes (January 9,2012)to minimize student and visitor street parking. To meet this deadline,the City requests that the College submit its proposal/plan to meet this requirement by November 30,2011. As indicated in an email to ~ou and Mr.Davis on October 20,2011 and during our conversation on October 25 ,the City Council will receive a status report on the effectiveness of the 2011/2012 Parking Management Strategies and the aforementioned Parking Management Strategies at its upcoming November 1st,2011 meeting.The November 1st City Council Staff Report will be posted on the City's website later this week. If you should have any questions please do not hesitate to me at 310-544-5228 or via email ataram@rpv.com. ihrania'n Deputy Community Development Director c.Jim Reeves,Vice-President,Marymount College Don Davis,Marymount College Legal Counsel Carolyn Lehr,City Manager Carol Lynch,City Attomey Joel Rojas,Community Development Director Ray Holland,Director of Public Works Nicole Jules,Senior Engineer 1-63 College Letter Dated December 21,2011 1-64 444 South Flower Street -Suite 2400 Los Angeles.California 90071-2953 voice 213.236.0600 -fax 213.236.2700 www.bwsJaw.com Direct No.:213.236.2702 Our File No.:04693-0001 ddavis@bwslaw.com December 21,2011 Joel Rojas,Director Ara Mihranian,Deputy Director Comml;lnity Development City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275-5391 Re:Marymount College:Provision of Additional Permanent Parking Under Revision "E"to CUP No.9 Dear Messrs.Rojas and Mihranian: I write in response to your letters to Marymount College of October 26 and November 16,2011,and in furtherance of my letter to the City Council of October 31,2011,as well as to several subsequent telephone conference calls between City staff and representatives of the College regarding the referenced SUbject. Without rehashing all the details of these exchanges,I want to make just a few preliminary points to explain Marymount's position on this matter.During our conference call on October 25,2011,Marymount explained that one of the staff proposed parking management strategies (off-campus faculty parking and shuttle bus use)was not feasible and that we would have to look into the cost of constructing a temporary lot before we could respond to that proposal.We requested some additional time to do so.Unfortunately,and apparently due in part to time constraints with respect to a request for a City Council update on the matter scheduled for November 1,what Marymount believed were preliminary discussions resulted In a purported directive to build a temporary lot pursuant to Mr.Mihranian's letter the following day (October 26,2011),which was issued before Marymount or City staff even knew what would be involved in constructing such a lot.When Marymount learned that the cost of a temporary lot would be upwards of $100,000 (see attached letter from Rasmussen &Associates of 10/31/11), this proposal became significantly onerous and unnecessary in light of the two-year period to construct the additional permanent parking approved as part of Revision "E"to Marymount's CUP and the College's pending plans to initiate such construction in summer 2012.Marymount conveyed this objection along with other legal objections in my letter to the City Council of October 31,2011. , In the ensuing period,we have appreciated the opportunity to discuss with you Marymount's plans to commence construction of some of the City-approved Phase I campus improvements in the summer of 2012.Specifically,Marymount will be submitting the applicable applications and addressing the conditions necessary to construct a permanent 93-space parking lot in the southeast area of the campus in the same location as depicted on the site plan Los Angeles -Inlilnd Empire -Oakland -Orange County -Palm Desert -Silicon Valley -Ventura County1-65 Joel Rojas and Ara Mihranian December 21,2011 Page 2 approved in 2010.Because this location is the site of the existing athletic field,Marymount will also be processing an application with the City to construct either an interim athletic field or the approved permanent athletic field in the location that was also approved on the 2010 site plan. A copy of the proposed site plan for these improvements is attached,and further details will be forthcoming with the College's permit application materials. In light of Marymount's stated intention and commitment to pursue a permanent parking lot in the summer of 2012 that will provide the 90 spaces that City staff has requested, Marymount respectfully requests that City staff defer the directive to construct an interim parking lot on the campus so that Marymount and City staff can focus their time and energy on implementing the proposed permanent parking lot in the approved location. On behalf of the College,I appreciate your consideration of this matter,and we look forward to working with the City in order to begin the implementation of these campus improvements. Sincerely, DMD:ir Attachments:2 cc:Dr.Michael Brophy,President,Marymount College Jim Reeves,Vice President,Marymount College Carol Lynch,City Attorney Randall Fulton,Stegeman and Kastner,Inc. LA #4820-1643-0346 v1 1-66 Architecture Planning 31 October 2011 Michael S.Brophy,Ph.D.,M.F.A. President of Marymount College 30800 Palos Verdes Drive East Rancho Palos Verdes,CA 90275 R~:City Requested Temporary Parking Lot Dear Michael, Per your request,we have looked into the possibility of providing a temporary parking lot (90 spaces)on the undeveloped area on the west side of the campus. The lot would need to be approximately 30,000 square feet in size.Because it is temporary,we would propose a gravel surface be used.The design of the parking lot would follow the existing slopes as much as possible in the flatter area below the eXisting parking level.The majority of grading will likely be to grade out a short road to access that parking lot with daylight slopes.A storm drainage system would need to be installed and storm water treatment would need to addressed. We have consulted with our Civil Engineer to estimate the probable construction cost at $70,000 to $100,000.This cost would include the following: •Clearing and Grubbing •Grading and Earthwork •6"thick gravel •Perimeter gravel bags •Storm drainage system •Design &permit fees If you have any questions,please call. Yours truly, RASMUSSEN &ASSOCIATES ~~ Scott Boydstun,A.I.A.,LEED AP BD+C Principal 21 S.CAUFORNIA STREET FOURTH FLOOR VENTURA,CALIFORNIA 93001 805 648·1234 FAX 805 6484444 1-67 D _.....J:I;I:M..Il~••..IItIM"·...... 'Hltfll4 'f111'114 .ttl....) ..,....lIfU.. SUVI:)OSfV ,N:lssn.sVII 1-68 Public Comments Letters 1-69 Page 1 of 1 Ara M From:Ron Gallemore [retina2000@yahoo.com] Sent:Sunday,April 08,20129:35 PM To:aram@rpv.com Subject:College parking lot Dear Ara, We are new residents in RPV and recently purchased a home on Vista del Mar.Before we purchased our home I called the city and was advised there were no plans for construction near our property -plans for the dorms at College had been abandoned and I did not hear of other plans.I spoke with an engineer and should have records of this in my office.I have since learned that the College has plans for a parking lot and that the lot is being moved from one area of the College property to another which is adjacent to our home.I understand the city is considering ~s to be a minor change to the plans.We do not see this change as minor.I am opposed to any construction which may adversely affect our neighborhood.We live near a fault and there are already issues of drainage and grading in our area.In addition,the noise,light, human traffic and environmental disruption of the area during and after construction could have a profound impact on our neighborhood as well as the neighbors.My daughter and I have allergies and both of us have had anaphylactic reactions in the past.I ask that you carefully reconsider any change in plans proposed by the College in the location of their new parking lot. Rather than allowing an endless growth of the college I suggest you restrict the growth in the same way the city tends to restrict growth in other arenas.If the old lot location is not adequate perhaps an off-campus lot in San Pedro may be more appropriate.This could also unload the parking from the other neigborhoods that college students reportedly use.We moved here to get away from congestion,city lights,and city noise.Please represent the citizens of RPV and limit the adverse impact construction may have on our community.I look forward to your response and kindly request that you forward this email to all other members of the city council. Sincerely, Ron P.Gallemore,M.D.,Ph.D.,Inc. Founder and Director Retina Macula Institute and the Retina Macula Research Center 4201 Torrance Blvd,Ste.220 Torrance,CA 90503 Office:310-944-9393 Cell:310-413-7020 4/11/2012 1-70 .JohnM &Elizabeth C.OcNardo 2903 Vista de)Mnr Rancho Palos Verdes,CA 90275 .(310)514-3048 mdenardo@aol.com April 9,2012 City of Rancho Palos Verdes City Council Members City Planning Department As homeowners immediately adjacent to Marymount College (and sharing a back wall), we are extremely concerned over plans before city council on April 17t11 •This parking lot is not what was approved.Inc city and Marymount agreed to a contract when they signed the Conditions of Approval,we feel you should only proceed with what was approved.The geology and hydrology that was in the tinal approvals must be followed; without that,the City is liable for anything detrimental to our property.Is the city willing to take on that liability?Fwther points: •The planning department is considering this a minor modification,however,it is not minor in the respect of significantly increasing parking immediately adjacent to om home.We are concerned with the added noise,lighting an human noise- this is not a minor modification ifyou are on our property,and we do not feel it should be treated as such. •It is our understanding that adding a significantly different parking lot is not in compliance with condition #60. •We are not confident that allnccessary engineering has successfully been completed to insme we do not encounter water runoff or geological issues.As a matter of fact,it is our understanding these issues have not been adequately resolved.How will this massive grading affect om property? • I have not seen any schedule of deadlines for completions.How long would we have this construction in om backyard? •We have been told this parking lot will have limited access -will there be a gate and only used for staff? •Will this parking lot be closed in the evenings and the lights turned off? •The lighting is certain to make an impact _..the engineers calculations I believe, are based on grOlmd level --what are the impacts for a person 6'tall when standing upright?How about from our second story? •The additional parking lot will certainly have added noise -what about car alarms,conversations and the noises from remote door locks at all hours. •Furthermore,in talking to planning and in reading correspondence,there seems to be a bias in the Planning Department's thinking towards considering this "minor" and wanting to push this forward -just an opinion,but I believe it to be true. 1-71 Regarding construction,if City Council were to somehow let this begin: •What is the schedule for grading,compaction and completion? • I understand that the standard for dust is no dust into neighboring properties. How is this enforced?Our home is immediately adjacent,we do not have air conditioning,and I am allergic to airborne particles.In talking to Am at planning, I did not get a complete answer to the question;"is the standard of compliance 110 dust on our property,or the college following "accepted practices?"I believe the council should state the standard as no dust in neighboring properties,and planning should be tasked with enforcing this standard.Otherwise,we could have layers of dust,triggering a medical issue,with the college stating they are following "acceptable practices," At the end ofthe day,each councilmcmber must be able to ask themselves how they w0'4Id feel if this action were happening in their OW11 backyard,and if so,how would they act.I have faith that you will each address this in an honest manner,with nothing less than a loud and firm '"no,this is not a minor change,and should not be allowed to proceed without better understanding the impacts on neighboring properties." We do 110t believe this modification to the plan should be allowed. I appreciate yoW'c011sideration of our concerns,and hope that you will look at the interests of neighboring homeowners. Sincerely, ~#I!"~~~(J[)/~ John M.(Mike)DeNardo Elizabeth C.DeNardo 1-72