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RPVCCA_CC_SR_2012_06_05_D_Border_IssuesCITY OF MEMORANDUM RANCHO PALOS VERDES TO:HONORABLE MAYOR &CITY COUNCIL MEMBERS FROM:CAROLYNN PETRU,AICP,DEPUTY CITY MANAGER<OC:> DATE:JUNE 5,2012. SUBJECT:BORDER ISSUES STATUS REPORTr,\n REVIEWED:CAROLYN LEHR,CITY MANAGER ~ Project Manager:Kit Fox,AICP,Senior Administrative Analyst@ RECOMMENDATION Receive and file the current report on the status of Border Issues. EXECUTIVE SUMMARY This month's report includes: • A report on the status of the San Pedro Community Plan update in Los Angeles (San Pedro); •An update on recent legal action related to the proposal for stadium lights at Peninsula High School in Rolling Hills Estates; • A brief update on recent issues and events related to the Rancho LPG butane storage facility in Los Angeles (San Pedro); • A brief update on the Los Angeles County Sanitation Districts'Clearwater Program in the City's Eastview area and in Los Angeles (San Pedro)and, • A report on the proposed Chase Bank project at 828 Silver Spur Road in Rolling Hills Estates. BACKGROUND The following is the regular bi-monthly report to the City Council on various "Border Issues" potentially affecting the residents of Rancho Palos Verdes.The complete text of the current status report is available for review on the City's website at: http://palosverdes.comlrpv/planning/border issuesl2012120120605 Borderlssues StatusRpt.cfm D-1 MEMORANDUM: Border Issues Status Report June 5, 2012 Page 2 DISCUSSION Current Border Issues San Pedro Community Plan Update, Los Angeles (San Pedro) On April 26, 2012, Staff of the City of Los Angeles Planning Department met again jointly with the Planning and Land Use committees of the Northwest, Central and Coastal San Pedro neighborhood councils to present a status report on the San Pedro Community Plan Update. City Planning Staff presented an updated version of the draft community plan that included more detail about the proposed revisions to the existing plan. An issue of concern to many meeting attendees with the revised plan was revised policy language regarding the Ponte Vista project that seemed to support a higher density of development than had been discussed at the previous meeting in December 2011. Attendees also had many questions about the reclassification of roadways in the proposed “Mobility” chapter of the revised plan. City Planning Staff indicated that the “Implementation” chapter of the revised plan was still forthcoming, as was the associated draft Environmental Impact Report (DEIR). The complete draft community plan and DEIR are expected to be released for public review and comment by late spring/early summer of this year, with the goal of presenting the updated community plan to the Los Angeles City Council for adoption by the end of 2012. On April 30, 2012, Staff forwarded comments on the draft community plan to the City of Los Angeles (see attachments). Staff awaits the release of the DEIR, and will continue to monitor this project in future Border Issues reports. Peninsula High School Stadium Lights Proposal, Palos Verdes Peninsula Unified School District/Rolling Hills Estates On April 15, 2012, the Daily Breeze reported on threatened litigation against the City of Rancho Palos Verdes related to the proposed stadium lights project (see attachments). On April 24, 2012, and April 26, 2012, respectively, the Daily Breeze and Palos Verdes Peninsula News also reported on court action regarding the lawsuit filed against the Palos Verdes Peninsula Unified School District by the Peninsula Stadium Lights Steering Committee earlier this year (see attachments). In a related matter, on May 10, 2012, the Palos Verdes Peninsula News reported that the District and the Palos Verdes Homes Association had reached a complicated, 4-way settlement regarding their litigation over the proposed sale of two (2) District-owned lots near Palos Verdes High School (PVHS) in Palos Verdes Estates (see attachments). The article noted that, as a part of the settlement with the Association, the District agreed to maintain “dark skies” over the PVHS athletic fields. Staff will continue to monitor this project in future Border Issues reports. D-2 MEMORANDUM: Border Issues Status Report June 5, 2012 Page 3 Rancho LPG Butane Storage Facility, Los Angeles (San Pedro) On May 1, 2012, Los Angeles 15th District City Councilman Joe Buscaino announced that he was asking the City Council’s Public Safety Committee to hold a special meeting in San Pedro to consider issues related to liquid bulk storage facilities in the harbor area (see attached motion and Daily Breeze article). Councilman Buscaino posted a brief video of this announcement on the 15th District website (http://www.la15th.com/), which can also be viewed on YouTube at the following link: http://www.youtube.com/watch?feature=player_embedded&v=ptadTRmTQ3U Staff will continue to monitor this project in future Border Issues reports. Los Angeles County Sanitation Districts’ Clearwater Program, Eastview Area and Los Angeles (San Pedro) On April 9, 2012, Staff submitted the attached comments on the Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for the Clearwater Program to the Los Angeles County Sanitation Districts and the U.S. Army Corps of Engineers. Our comments focused on the following issues: • City of Rancho Palos Verdes’ jurisdiction over a portion of the proposed tunnel alignment within the Western Avenue right-of-way; • Impacts of exit shaft excavation at Royal Palms County Beach upon localized soil stability; • Diversion of construction-related traffic for the exit shaft site to 25th Street due to the closure of Paseo del Mar; • Impact of tunneling under Western Avenue upon storm drain infrastructure; • Impact of tunneling under Gaffey Street upon the Rancho LPG butane storage facility; • Groundborne vibration impacts upon residential and similar uses in the 29600-block of Western Avenue; and, • Future impacts resulting from the inspection and repair of the existing LACSD tunnels under Eastview neighborhoods. The Final EIS/EIR for the Clearwater Program is expected to be released later this year. Staff will continue to monitor this project in future Border Issues reports. D-3 MEMORANDUM: Border Issues Status Report June 5, 2012 Page 4 New Border Issues Chase Bank Project, Rolling Hills Estates In 2009, the City of Rolling Hills Estates approved the Silverdes project on the site of a demolished former ARCO service station at 828 Silver Spur Road. These approvals included the certification of an Environmental Impact Report (EIR) for this 29,642-square- foot, 3-story 16-unit medical office condominium project. The project involved extensive grading for a subterranean parking garage and requested a variance for building height. At that time, nearby Rancho Palos Verdes residents expressed many concerns about the proposed project, including geologic impacts of site grading; aesthetic impacts of the height and size of the building; and traffic impacts related to a proposed access driveway on Beechgate Drive. The approved project and final EIR included mitigation measures to address the geologic and aesthetic issues, and the project was re-designed by the applicant to eliminate the access driveway from Beechgate Drive. Although it was entitled nearly three (3) years ago, the Silverdes project has not been constructed. On March 30, 2012, the City received a Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND) related to the construction of a Chase Bank branch on this site (see attachments). This new project proposes a 4,404-square-foot, 1-story bank building with a detached drive-up ATM canopy, surface parking lot and related site and building signage. Since this new proposal is much smaller than the Silverdes project, impacts upon nearby Rancho Palos Verdes residents are expected to be much less significant. However, in comments on the NOI submitted to the City of Rolling Hills Estates on April 10, 2012 (see attachments), Staff noted that we had some concerns about the aesthetics of roof-mounted equipment, and about the proposal for an access driveway from Beechgate Drive. On April 30, 2012, the Rolling Hills Estates Planning Commission considered the Chase Bank project (see attached agenda and Staff report). The Staff report recommended conditional approval of the project. It also noted, in response to our comments of April 10, 2012, that roof-mounted equipment would be adequately screened from the view of Rancho Palos Verdes residents living upslope from the site; and that Rolling Hills Estates’ traffic engineer had determined that the proposed “access driveway on Beechgate Drive [was] appropriate and would facilitate traffic flow with optimum overall traffic safety.” During public comments at the public meeting, a Rancho Palos Verdes resident on Golden Arrow Drive expressed concerns about the proposed Beechgate Drive driveway. However, the Rolling Hills Estates Planning Commission ultimately approved the project. Attachments: • NWSPNC Planning & Land Use Committee agenda and attachments (dated 4/26/12) • City comment letter on draft San Pedro Community Plan Update (dated 4/30/12) D-4 MEMORANDUM: Border Issues Status Report June 5, 2012 Page 5 Attachments (cont’d): • Daily Breeze and PV News articles regarding litigation related to the Peninsula High School stadium lights project (published 4/15/12, 4/24/12, 4/26/12 & 5/10/12) • LA Councilman Buscaino’s motion requesting a Public Safety Committee meeting on liquid bulk storage facilities (dated 5/2/12) • Daily Breeze article regarding LA Councilman Buscaino’s motion (published 5/4/12) • City comment letter on DEIS/EIR for Clearwater Program (dated 4/9/12) • Notice of Intent and Initial Study for Chase Bank project (received 3/30/12) • City comment letter on MND for Chase Bank project (dated 4/10/12) • RHE Planning Commission agenda and Staff report for Chase Bank project (dated 4/30/12) M:\Border Issues\Staff Reports\20120605_BorderIssues_StaffRpt.doc D-5 NWSPNC Planning & Land Use Committee agenda and attachments D-6 Northwest San Pedro Neighborhood Council Planning and Land Use Committee Agenda Thursday, April 26, 2012, 6:00 p.m. Croatian Cultural Center 510 W 7th Street Joint Meeting of Central, Coastal & Northwest San Pedro NC 1. Call to Order 2. Introductions 3. Report on New Community Plan 4. Report from the Council Office 5. Public Comment on Non-Agenda Items 6. (Northwest ONLY) Consider Position on Councilman Buscaino motion opposing removal of Zoning Administration Hearings from West L. A. and San Pedro 7. Adjourn – Next Northwest Meeting, 6:30 pm May 24, 2012 Note: Anything on this Agenda Could Result in a Motion To Contact us: www.nwsanpedro.org, board@nwsanpedro.org, or 310-732-4522 As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and upon request will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assisted listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability of services please make your request at least 3 business days (72 hours) prior to the meeting by contacting the Department of Neighborhood Empowerment at 213-485-1360. D-7 San Pedro Community Plan Land Use Designations Existing Land Use Designation Land Use Designation Changes** General Commercial Deleted Neighborhood Office Commercial Neighborhood Commercial Community Commercial Regional Center Regional Commercial Commercial Manufacturing Hybrid Industrial Light Manufacturing Light Industrial Limited Manufacturing Limited Industrial Heavy Manufacturing Heavy Industrial Low Residential Low II Residential Low Medium I Residential Low Medium II Residential Medium Residential High Medium Residential Open Space Parking Buffer Public Facilities **If no change is indicated,this means that the existing Land Use Designation remains the same. 4/24/12 D-8 City comment letter on draft San Pedro Community Plan Update D-9 CITYOF 30 April 2012 Debbie Lawrence,AICP City of Los Angeles Department of City Planning 200 N.Spring St.,Mail Stop 395 Los Angeles,CA 90012 RANCHO PALOS VERDES CITY MANAGER'S OFFICE ADMINISTRATION VIA U.S.MAIL AND ELECTRONIC MAIL SUBJECT:Comments Regarding the Draft San Pedro Community Plan Update Dear Ms.Lawrence: The City of Rancho Palos Verdes has appreciated the opportunity review the progress of the San Pedro Community Plan Update at your recent meetings with the San Pedro neighborhood councils (NCs)in December 2011 and April 2012.As you may recall,we submitted comments on the Notice of Preparation (NOP)for this project in February 2008.Although we expect to provide more substantive comments on the Draft Environmental Impact Report (DEIR)once it is released later this year,we would like to offer the following preliminary observations about the draft community plan at this time: 1.Land Use and Zoning Map Changes:As you presented to the NCs in December 2011,the City of Los Angeles is proposing changes to a variety of existing zoning and land use regulations throughout the San Pedro Community Plan Area.In the areas that immediately abut Rancho Palos Verdes,most of these are changes to land use/zoning nomenclature or to resolve inconsistencies between actual and designated land use and/or zoning.We do not anticipate that these proposed changes will have an adverse effect upon Rancho Palos Verdes and its residents.However,we await the release of the implementation chapter of the draft community plan,and may have additional comments in the future. 2.25 th &Western Opportunity Area:One of the so-called "opportunity areas"being considered for focused attention in the updated community plan is the commercial district surrounding the intersection of West 25 th Street and South Western Avenue,which is located along a major path of travel for residents and visitors entering and leaving Rancho Palos Verdes.As currently envisioned,the updated community plan would include policies and implementation tools to foster the development of a sub-regional commercial and residential center serving the southwesterly portion of San Pedro (and,presumably,Rancho Palos 30940 HAWTHORNE BLVD /RANCHO PALOS VERDES,CA 90275-5391 /(310)544-5205/FAX (310)544-5291 WWW.PALOSVERDES.COM!RPV PRINTED ON RECYCLED PAPER D-10 Debbie Lawrence 30 April 2012 Page 2 Verdes).This could lead to both increased density/intensity of development and greater maximum building heights than are currently permitted in this area.We have some initial concerns about this proposal,but will await the release of the DEIR before providing further comments. 3.Ponte Vista Project:In our 2008 NOP comments,we suggested "annexing" the Ponte Vista site (and other nearby properties)into the San Pedro Community Plan Area,but we understand that this is not being proposed as a part of the community plan update process.We do appreciate that the plan includes a policy that attempts to articulate the San Pedro community's vision for the Ponte Vista site.However,we share the concern of many San Pedro residents that this draft policy-which previously proposed development consistent with the "Low Medium"density designation-now proposes development consistent with the higher-density "Medium"designation,as you discussed at the meeting with the NCs last week. If you have any questions or need additional information,please feel free to contact me at (310)544-5226 or via e-mail atkitf@rpv.com. Sincerely, #7 Kit Fox,AICP Senior Administrative Analyst cc:Mayor Misetich and Rancho Palos Verdes City Council Carolyn Lehr,City Manager Carolynn Petru,Deputy City Manager M:\Border Issues\San Pedro Community Plan Update\20120430_Lawrence_DraftCommunityPlanComments.doc D-11 Daily Breeze and PV News articles regarding litigation related to the Peninsula High School stadium lights project D-12 http://www.dailybreeze.com/news/ci_20397793/stadium-lights-advocates-accuse-rancho-palos-verdes-censoring Page 1 of 3 16/04/2012 08:44 AM Stadium lights advocates accuse Rancho Palos Verdes of censoring video By Nick Green Staff Writer Daily Breeze Posted:DailyBreeze.com A community group on The Hill has accused the city of Rancho Palos Verdes of illegally attempting to censor a taxpayer-funded video advocating the installation of lights at a local high school. The Friends of Friday Night Football has threatened to take legal action against the city unless it rescinds its denial of the group's request to distribute the video called "Friday Night Under the Lights." City officials are set to discuss the threatened federal lawsuit behind closed doors Tuesday. "They really shouldn't have an interest in keeping the public from seeing this," said Long Beach attorney Chuck Michel, who is representing the group. "It's a timely subject and the public paid for this video to be produced. So it's very difficult for me to label this as anything other than censorship in an effort to stifle one perspective." It's the second time in four months a local government on The Hill has received a threat of litigation from a group backing the installation of floodlights at Palos Verdes Peninsula High School. In January, a group called the Peninsula Stadium Lights Steering Committee actually followed through on its threat. It filed a lawsuit in Los Angeles Superior Court accusing the Palos Verdes Peninsula Unified School District of fraud and what amounts to a breach of contract complaint over its handling of the stadium lights issue. It's also the second lawsuit lodged against the district over the issue. Last year the "Friends" group filed a lawsuit alleging the district violated the Brown Act, the state's government open meetings law, when it voted to kill the stadium lights project without proper public notice. That prompted the district to reconsider the project at another meeting - with the same result - to get rid of that lawsuit. The new lawsuit alleges the district misled the steering committee, which spent 18 months working with the district on the project, including raising $250,000. The money was for an environmental analysis of the lights installation as well as any potential litigation that might surface, before the project was canceled last year. The group contends the decision to shelve the project occurred in an arbitrary and capricious manner in part because board members believed the project was divisive. "Unfortunately the stadium lights capital campaign was dividing the community and taking time and attention away from the district's primary purpose of educating students," a school district statement said in part. It was issued in response to the steering committee's lawsuit filing and printed in the Daily Breeze's sister paper, the Palos Verdes Peninsula News. The rationale for killing the project is similar to the reasoning being advanced by Rancho Palos Verdes officials for not granting the lights "Friends" group the right to distribute the video produced by the city's cable television public access arm, RPV TV. "The City Council does not feel that it is appropriate for the city's documentary program to be used to advance one side or the other of a controversial dispute regarding a school district property that is located in another city," City Attorney Carol Lynch wrote in a March to an attorney at Michel's law firm. The campus of the high school, which serves the entire peninsula, is in Rolling Hills Estates, but is surrounded on three sides by the city of Rancho Palos Verdes. Moreover, the lead planning agency for the stadium lights project was expected to be the school district, not the city of Rolling Hills Estates. Michel's response to the city's decision, which was made in closed session Jan. 17: "That's baloney."D-13 http://www.dailybreeze.com/news/ci_20397793/stadium-lights-advocates-accuse-rancho-palos-verdes-censoring Page 2 of 3 16/04/2012 08:44 AM "They said we didn't want the controversy? Well, they've already got the controversy," he said. "Doing nothing is doing something. When they say `we're not going to get into this because of the controversy,' they're just feeding the controversy." What's more, the courts have ruled government agencies have no right to prevent the distribution of what municipal officials acknowledge is a public document. Anyone can look at and distribute public documents freely. But Lynch told Michel via email that the city has asserted a copyright claim to the video it produced. That, she said, exempts it from disclosure under the California Public Records Act. That law protects the public's right of access to most government records. But Michel and a media expert contacted by the Daily Breeze point out the issue was decided in a 2009 court case involving Santa Clara County, which attempted to claim it held the copyright to public records being sought. Attorney David Greene of San Francisco-based Bryan Cave LLP, who is an expert on open government and freedom of information issues and general counsel for the California First Amendment Coalition, said Lynch is incorrect. "In that (Santa Clara) case, the court explained that a state entity may not claim a copyright unless a state law specifically authorizes it to do so," Greene wrote in an email to the Daily Breeze. "But without such an affirmative grant of authority to obtain and hold the specific copyright, the governmental entity cannot claim a copyright interest. The court further found that absent such express copyright authorization, the (state) Public Records Act's grant of unrestricted access must prevail." The state has not given the city the needed authority to copyright the video. After seeking the advice of its legal counsel, the Daily Breeze is posting a 12-minute version of the documentary (there is also a longer 30-minute version) that the city of Rancho Palos Verdes tried to prevent the public from seeing. It's on the newspaper's website at www.dailybreeze.com. Whether that will make Michel's threat of legal action against the city moot is unclear. Asked what steps the city would take to prevent the newspaper from distributing the video, Lynch said "nothing." "We haven't illegally prevented anyone from doing anything yet," she said. But officials certainly tried given the email exchange with Michel and subsequent discussions by elected officials behind closed doors. Rancho Palos Verdes City Manager Carolyn Lehr said the city didn't set out to produce a news documentary advocating light installation. But, she said, that "naturally" occurred because the reporter interviewed football players, students and district officials who, at least at that time, enthusiastically endorsed the football lights on the video. "It came off as being in favor of the lights and that's not the city's intent and we took it down," she said. The documentary was shown once on the city's public access channel before being pulled, she said. It was also apparently used by the steering committee to raise money for the project, Michel said. What will happen with the lights issue now is unclear. The lawsuit against the district seeks to compel officials to follow through on the environmental analysis that the steering committee members said they were originally promised would occur at a minimum. Presumably that analysis would study the noise, traffic and other issues cited as the basis for the opposition to the project.D-14 http://www.dailybreeze.com/news/ci_20397793/stadium-lights-advocates-accuse-rancho-palos-verdes-censoring Page 3 of 3 16/04/2012 08:44 AM But at the very least Michel said the rash actions of the two local governmental agencies have unnecessarily politicized a planning process that would have objectively evaluated the project. "The loser in this is government credibility, both by the school district and city of Rancho Palos Verdes," he said. "It seems to the parents and the members of the Friends of Friday Night Football there is a political agenda here that really has nothing to do about what's best for the community." nick.green@dailybreeze.com D-15 http://www.dailybreeze.com/news/ci_20463421/hopes-growing-dimmer-peninsula-high-stadium-lights Page 1 of 2 24/04/2012 12:29 PM Hopes growing dimmer for Peninsula High stadium lights By Rob Kuznia Staff Writer Daily Breeze Posted:DailyBreeze.com The dream of bringing stadium lighting to Peninsula High School is getting dimmer. The Palos Verdes Peninsula Unified School District scored a legal victory last week against a group of parents and alumni who have sued the district, charging the school system is obligated to erect lights over the main football field. But it's only halftime in the legal showdown, which started off as an innocent campaign to light up the field at the school in Rolling Hills Estates and has turned into a political tangle of accusations and lawsuits. A judge ruled Thursday that even if the accusations lodged by the parents turn out to be true, the court cannot compel the school district to proceed with environmental studies associated with the project - or proceed with the lighting project itself. But Los Angeles Superior Court Judge James Chalfant also transferred the rest of the case to another judge, who will rule on the wider question of whether the school district engaged in fraud, misrepresentation or any of the other claims alleged by the group. "The claim for fraud and deceit against the district is still alive," said Martha Doty, legal counsel for the parents, who operate as a group called the Stadium Lights Steering Committee. "It's not over yet." Peninsula High School is one of the last remaining comprehensive high schools in the South Bay whose main football field is not equipped with stadium lighting. (The stadium of its rivaling high school, Palos Verdes High School, is similarly unlit.) Parents, coaches and players at the school have long felt deprived of the Friday night experience that many consider a quintessential American tradition. Due to the lack of lighting, their home games are played in the afternoon, precluding many parents and relatives from coming to the games because they can't get off work that early. Proponents have had the moral support of the school's principal, Mitzi Cress, who has said that under her watch the lights would be used only for the seven nights a year in which the team plays home games. "Wouldn't it be wonderful?" she said Monday. "I have this vision of what it would be like to have the boys play under the lights, the community all coming. Seeing families there supporting the team. ... But the lack of communication and misunderstandings have turned it south." Opponents had charged that the lights would bring glare, traffic, noise and trash, as well as potentially decrease property values. The current conundrum began about a year and a half ago, when the Stadium Lights Steering Committee decided to raise money to add the lights. Committee members accuse the district of misleading them. They say the school board initially gave the go-ahead to embark on the project - triggering a massive fund-raising effort - only to hastily kill the project once it became apparent that the notion was controversial. The committee had raised about $250,000 - enough to conduct the environmental impact report, which would have assessed how the project would have affected the area. School officials give a different version of events. They say the board gave permission only for the fund-raising aspect of the campaign. They later voted to nix the project on the grounds that it had become too divisive. School officials, too, claim to have been misled. They say the committee gave the board the impression that neighbors who had opposed similar efforts in the 1990s were now on board. From the start, the process has been fraught with legal issues. The current suit is actually the second filed against theD-16 http://www.dailybreeze.com/news/ci_20463421/hopes-growing-dimmer-peninsula-high-stadium-lights Page 2 of 2 24/04/2012 12:29 PM district on the matter. Last year, the "Friends" committee sued on the grounds that the district violated the state's open meetings law. That matter was put to rest when the school board reopened the discussion and rejected the project again. Then, earlier this month, a community group threatened to do legal battle with the city of Rancho Palos Verdes for attempting to quash a video about the stadium lights issue created by the city's cable TV public access arm. The video, in which the reporter interviewed football players and other supporters of the lights, aired once, but was pulled because city officials viewed it as biased. (The Daily Breeze posted a shortened version of the video.) As for Thursday's decision, the school district's legal counsel, Terry Tao, said he is "extremely happy" with it. "The main goal of the lights committee was to compel the district to move forward with the EIR and the project itself," he said. "This ruling wipes out the ability to compel such action." Tao said that even if the second judge - who has yet to be assigned - rules in favor of the parents, the district would not be forced to erect the lights. Rather, the district would be forced to pay monetary damages. But he viewed that scenario as unlikely, partly because state law stipulates that school districts cannot be sued for fraud or misrepresentation. Judge Chalfant did leave the door open for "reconsideration," meaning the committee's attorney could try to present her argument again. If she were to take him up on it and succeed, then it is possible that the district could be forced to proceed with the project. rob.kuznia@dailybreeze.com D-17 District wins first battle in lights lawsuit By Mary Scott, Peninsula News Thursday, April 26, 2012 1:05 PM PDT Los Angeles County Superior Court Judge James Chalfant has ruled that the court cannot compel the Palos Verdes Peninsula Unified School District and the Board of Education to proceed with an environmental impact report for stadium lights at Peninsula High School. The judge issued his five-page ruling on April 19. He dismissed the portion of the Stadium Lights Steering Committee’s claim regarding the EIR, saying: “The board’s decision not to pursue the project is a quasi- legislative discretionary act for which mandamus does not lie.” The judge’s ruling also stated that the committee’s petition “alleges no facts to suggest that the board’s decision not to pursue the project was arbitrary, capricious or entirely lacking in evidentiary support. Nor could it, since the decision to abandon a project is entirely discretionary.” “The school district applauds the court’s ruling in favor of the district,” district officials said in a written statement. “District leaders are disappointed that legal costs had to be expended to vindicate its rights and intends to seek reimbursement of all costs incurred as a result of the lights committee lawsuit.” But the committee does not see Chalfant’s ruling as the end of the suit. “The court did not dismiss the steering committee’s fraud and other damage claims as the board and district had requested in their motion, but transferred them to a different judge in the Los Angeles Superior Court, where the steering committee will now be entitled to have its day in court on its claims asserted in its complaint,” said Martha Doty, the committee’s legal counsel. The committee’s remaining claims, Doty said, seek damages for breach of contract based upon misrepresentations by the district and the board, equitable claims also based upon misrepresentations and declaratory relief. “We are confident that our claims will get past the district’s next attempt to dispose of them and that the steering committee will have its damage claims heard on their substantive merits,” she added. The lights committee filed the lawsuit on Jan. 31 seeking a writ of traditional mandamus (a mandate to take action) after the board voted down the lights projects in July 2011 and again in November 2011. The project, which bitterly pitted the lights opposition against the supporters, was ended before the committee could conduct an environmental review, which it believed would have mitigated some of the issues brought up by opposition. Board members, in both July and November 2011, agreed the project was too divisive to move forward with the study. “We wish to reiterate that the steering committee has repeatedly sought to meet with the board and district to resolve the issues without the need for litigation, and \[this\] continues to be open to a mediated, rather than litigated, resolution,” Doty said. mscott@pvnews.com Print Page Page 1 of 1Print Version 4/26/2012http://www.pvnews.com/articles/2012/04/26/local_news/news1.prt D-18 Lights lawsuit Thursday, May 10, 2012 3:17 PM PDT LETTERS TO EDITOR: Anthony I am writing with my response to the recent article, “District wins first battle in lights lawsuit” in the Palos Verdes Peninsula News, and in general response to the pattern of similar news over the past few months and past couple of years. According to recent news reports, Palos Verdes Peninsula’s Unified School District is regularly, ferociously and overly engaged in acrimonious legal battles against our local community, including our children. PVPUSD is acting like an irresponsible private entity, accountable only to itself. But, PVPUSD is not a private entity and not entitled to act solely for self-interest. PVPUSD is a public entity mandated to serve our community, not to battle us in court and spin self-serving press reports. Instead of pursuing its sole mandate — to serve us — it positions itself as a gatekeeper with peculiar agendas. It sustains authority through inaction or whimsical disregard; flippantly dismissing whatever differs from its insular preferences. The steady stream of bad news confounds all logic, generating a cumulative perception that PVPUSD is a failing and devious public entity. PVPUSD might claim an occasional legal victory, but it pays an enormous price for such illusory “wins.” It loses the privilege of respect as it squanders the precious resources of money, time, and good will in our community. It pleads poverty, yet it wastes vast fortunes for legal fees while making unfounded, specious arguments in court. It covets erasure of long-established deed restrictions, it exploits our teachers, it woefully neglects our children's recreational facilities, it arrogantly quashes all inquiry about football field lighting at PVPHS and so on. The net result is an overt sense of doubt that PVPUSD has any ability or interest to facilitate community-based action for the common good. The only option at this nadir is for the Board \[of Education\] and superintendent to resign, recognizing their failure to serve. PVPUSD’s failure is a grave and serious injustice. This can possibly be ascribed to arrogance, corruption or ignorance. But nothing exonerates or indemnifies PVPUSD from its obligation to serve our children and our community. Ed Anthony Palos Verdes Estates Print Page Page 1 of 1Print Version 5/17/2012http://www.pvnews.com/articles/2012/05/14/opinion/opinion4.prt D-19 PVPUSD v. PVHA: It’s really over Thursday, May 10, 2012 3:16 PM PDT Four-way agreement is a win for everyone. By Mary Scott, Peninsula News A four-party agreement has put an end to the Palos Verdes Peninsula Unified School District’s attempt to remove deed restrictions from two district-owned properties in Palos Verdes Estates. Under the agreement, negotiated over several months, the school district will turn over the ownership of its two surplus properties, empty lots located at Via Pacheco and Palos Verdes Drive West, to the Palos Verdes Homes Association and receive a $1.5-million donation from Robert and Delores Lugliani. The Homes Association will then transfer the two lots to the city of PVE to be preserved as open space. The city, in turn, will allow the Luglianis to keep unpermitted retaining walls (installed by a previous owner) that encroach on city-owned parkland. The Luglianis’ donation was made independently of the homes association’s agreement, the Memorandum of Understanding, but was contingent on its passage and the resolution of the district’s lawsuit. The MOU ends the litigation between the school district and the homes association, and reaffirms the enforceability of the deed restrictions on all of the school district’s properties in PVE. The deal was approved previously by the Luglianis and the homes association. The Board of Education and the PVE City Council approved the MOU on Tuesday night, both with unanimous votes. (Councilwoman Rosemary Humphrey recused herself from the vote as she is a district employee.) “This agreement proves that cooperation can reap great benefits,” PVE Mayor George Bird said. “When the association asked the city to be part of creating an amicable conclusion to the litigation with the school district, we were happy to play our part.” Bird further stated that everyone benefits from the “world-class” public schools and the city’s plentiful open space. “The district extends its heartfelt thanks to the Luglianis for this remarkable act of kindness,” Board of Education President Barbara Lucky said in a press statement. “We are very proud of our extraordinary schools and applaud the city of Palos Verdes Estates and the homes association for working with the school district to help address the fiscal challenges facing public education.” The school district’s intention was to rezone and sell the two unused lots for development of single-family homes. The money from the sale was to benefit the district’s modernization and renovation projects. After failed attempts to remove the restrictions, the district filed a lawsuit in February 2010. In September 2011, a Los Angeles County Superior Court judge ruled in favor of the homes association, saying that the 1938 homes association grant deed created equitable servitudes, which maintains the grantor’s (association’s) interest in the land deeded. This equitable servitude allows the enforcement of the restrictions that prohibit the use of the lots for any purpose other than schools, recreational use or parks. In December 2011, the district filed an appeal. The MOU puts to rest a decades-long debate over the restrictions. Print Page Page 1 of 2Print Version 5/17/2012http://www.pvnews.com/articles/2012/05/14/local_news/news1.prt D-20 “The Homes Association has always believed that strong enforcement of the deed restrictions is essential to preserve the unique character of the city, and is one of its principal responsibilities to its members,” association officials said in a released statement. “With the signing of the MOU, the homes association affirms this responsibility.” As part of the agreement, the school district also agreed to reimburse the association $400,000 for litigation expenses and to preserve “dark skies” over Palos Verdes High School. Rather than restricting any installation of stadium lights at the high school’s athletic field, the MOU offers the district and future school boards an incentive to keep the sky dark: an expedited review process through the Art Jury for district plans. Should the district light the field, permanently or temporarily, the association will fully enforce protective restrictions that give the Art Jury jurisdiction over the aesthetics of all district develop within the city and will prohibit any development without the Art Jury’s approval. mscott@pvnews.com Page 2 of 2Print Version 5/17/2012http://www.pvnews.com/articles/2012/05/14/local_news/news1.prt D-21 LA Councilman Buscaino’s motion requesting a Public Safety Committee meeting on liquid bulk storage facilities D-22 MAY 0 2 .2012 MOTION Residents and neighbors surrounding the Rancho LPG facility located San Pedro have expressed various concerns regarding the safety and legality of this facility, This particular liquid bulk tank facility was built in 1973, and is located on private property outside the Port of Los Angeles. It includes two 12.5 million gallon refrigerated tanks containing butane, a 'liquefied petroleum gas which is a by-product of the refining process, Within the past decade, there have been various city reviews of the storage facility, dating back to 2004, and have involved the Planning Department, City Attorney, Harbor Department, Fire Department, the City Administrative Office (CAO) as well as the Chief Legislative Analyst (CLA), Aside from the Rancho LPG facility in San Pedro, there area variety of other 'liquid bulk storage facilities both above and below ground in the Harbor area, which have also raised concerns among nearby residents. It is imperative that the City ensure that any potential threats are thoroughly explored and mitigated. The first step toward this is to request information from all the regulatory and enforcement agencies at the local, state and federal level, including, but not limited to, the following: U.S. Department of Homeland Security, U.S. Department of Transportation, U.s.. Environmental Protection Agency (EPA), U.S. Department of Occupational Safety and Health Administration, Cal/EPA, California Emergency Management Agency, California Department of Toxic Substances Control, the South Coast Air Quality Management District, the Los Angeles County Fire Department, the City of Los Angeles Fire Department, the Los Angeles Police Department, the City of Los Angeles Bureau of Sanitation Industrial Waste Management Division, City of Los Angeles Building and Safety Department, City of Los Angeles Emergency Management Department, and the Los Angeles City Attorney, among others. I THEREFORE MOVE that the Public Safety Committee hold a special meeting in the Harbor Area and request the pertinent regulatory and enforcement agencies at the local, state, and federal level to provide a presentation regarding the permitting and safety requirements for liquid bulk storage facilities. Presented b~ ~ JOE BUSCAINO Councilmember, 15tl1 District Seconded by -I-+--'~~_+-+-_ NGLANDER ber, 1ih District D-23 Daily Breeze article regarding LA Councilman Buscaino’s motion D-24 http://www.dailybreeze.com/news/ci_20540954/buscaino-asks-meeting-liquid-bulk-storage-tank-safety Page 1 of 1 03/05/2012 18:26 PM Buscaino asks for meeting on liquid bulk storage tank safety in San Pedro By Donna Littlejohn Staff Writer Daily Breeze Posted:DailyBreeze.com Los Angeles City Councilman Joe Buscaino has asked the City Council's Public Safety Committee to conduct a special meeting in San Pedro to address potential risks and overall safety standards of liquid bulk storage facilities in the Harbor Area. Specifically, community concerns have been raised about the Rancho LPG liquefied petroleum gas storage facility at 2110 N. Gaffey St. in San Pedro. Buscaino will invite representatives from the many regulatory and enforcement agencies at the local, state and federal levels to participate and respond to questions and concerns at the meeting. The motion was introduced this week, with a meeting date and location to be announced when the motion is approved. It was seconded by City Council members Jan Perry and Mitch Englander, chairman of the Public Safety Committee. - Donna Littlejohn D-25 City comment letter on DEIS/EIR for Clearwater Program D-26 CITVOF 9 April 2012 Steven W.Highter Supervising Engineer,Planning Section Sanitation Districts of Los Angeles County 1955 Workman Mill Rd. Whittier,CA 90601 RANCHO PALOS VERDES CITY MANAGER'S OFFICE ADI'IIINISTRATION Dr.Aaron O.Allen U.S.Army Corps of Engineers,Los Angeles District Regulatory Division,Ventura Field Office 2151 Alessandro Dr.,Ste.110 Ventura,CA 93001 SUBJECT:Comments on the Draft Environmental Impact Statement/Environ- mental Impact Report (DEIS/EIR)for the Clearwater Program Dear Mr.Highter and Dr.Allen: The City of Rancho Palos Verdes appreciates the opportunity to comment upon the Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR)for the above-mentioned project.The City respectfully offers the following comments on the content and analysis of the DEIS/EIR for the proposed project: 1.A small portion of the proposed tunnel alignment for Alternative 4 would appear to traverse the public right-of-way of Western Avenue within the jurisdiction of the City of Rancho Palos Verdes (Le.,roughly between Crestwood Street and Summerland Street).As such,Table 1-3 in Section 1.6 "Relationship to Existing Plans"should include a reference to the Rancho Palos Verdes General Plan, which may be reviewed on the City's website at the following link: http://www.palosverdes.com/rpv/planning/GeneraL Plan_EI R/index.cfm 2.The City has the following concerns regarding the construction of the proposed tunnel exit shaft at Royal Palms County Beach for Alternative 4: a.The proposed shaft site is located quite close to a recent landslide at White Point in San Pedro (i.e.,the City of Los Angeles).In addition,the 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391 /(310)544-5205/FAX (310)544-5291 WWWPALOSVERDES.COM/RPV PRINTED ON RECYCLED PAPER D-27 Steven W.Highter and Dr.Aaron O.Allen 9 April 2012 Page 2 soils of the Palos Verdes Peninsula may be generally characterized as being susceptible to large-scale land movement,such as the on-going Portuguese Bend Landslide and the failure of a portion of the golf course at the Trump National Golf Club in 1999.Chapter 8 "Geology,Soils and Mineral Resources"should address not only the suitability and stability of the proposed shaft site at Royal Palms,but also the potential for the excavation of this shaft site to de-stabilize the White Point Landslide and/or other nearby coastal bluffs. b.As a result of the White Point Landslide,West Paseo del Mar is currently closed to traffic just east of the proposed shaft site.With this closure, east-west neighborhood traffic in the South Shores area of San Pedro has been diverted inland to West 25 th Street,which is a major arterial that provides access to the southerly portion of the City of Rancho Palos Verdes.Has the analysis in Chapter 18 "Transportation and Traffic (Terrestrial)"taken into account the impacts of diverted truck trips and other construction-related traffic on West 25 th Street as a result of the closure of West Paseo del Mar? 3.The City has the following concerns regarding the proposed tunneling activities related to Alternative 4: a.The proposed tunnel alignment would follow Western Avenue from Trudie Drive/Capitol Drive to the proposed exit shaft site at Royal Palms County Beach.Although most of this segment of the proposed tunnel would be located in San Pedro,a small portion would fall within the City of Rancho Palos Verdes.In recent years,the City of Rancho Palos Verdes has experienced failures of storm drains under Western Avenue,most dramatically in the case of a sinkhole that occurred near Delasonde DrivelWestmont Drive in 2005.Does Chapter 8 "Geology,Soils and Mineral Resources"address the potential impact of tunneling activities upon storm drains and similar,underground public infrastructure within the alignment of the proposed tunnel? b.We note that Chapter 10 "Hazards and Hazardous Materials"discusses the close proximity of the tunneling activities for Alternative 4 to contaminated soils at the Defense Fuel Support Point (DFSP)on North Gaffey Street in San Pedro.The analysis of "risk of upset"from tunneling activities under Alternative 4 appears to be limited to the exposure of hazardous materials in the soil related to the operation of the tunnel boring machine.However,the City respectfully suggests that the DEIS/EIR should also analyze the "risk of upset"that tunneling activities might pose upon nearby industrial facilities,particularly the Rancho LPG butane storage facility at North Gaffey Street and Westmont Drive. D-28 Steven W.Highter and Dr.Aaron O.Allen 9 April 2012 Page 3 c.Chapter 14 "Noise and Vibration (Terrestrial)"states that there are current- ly no Federal regulations or State environmental guidelines regarding vibration from tunneling operations.The analysis in the DEIS/EIR is based upon studies conducted for the construction of the Red Line subway in the City of Los Angeles,and concludes that there will be no significant groundborne vibration impacts in areas where the depth of the tunnel base is more than one hundred ten feet (110')below the ground surface.Within the City of Rancho Palos Verdes,most of the properties abutting the Western Avenue right-of-way in the vicinity of the proposed tunnel alignment are zoned and developed for non-residential use. However,there is a motel (America's Best Value Inn)located at 29601 Western Avenue,a lO-unit residential condominium (Eastview Townhouse)located at 29641 Western Avenue and a 116-bed residential care facility for the elderly (Palos Verdes Villa)located at 29661 Western Avenue.What is the depth of the proposed tunnel base in the vicinity of these properties (relative to ground surface),and how significant is the impact of groundborne vibration expected to be upon them? 4.Among the major goals of the Clearwater Program are the achievement of system redundancy and the ability to inspect (and possibly repair)the existing 8- and 12-foot-diameter tunnels connecting the Joint Water Pollution Control Plant (JWPCP)to the existing ocean outfalls.As you are aware,these existing tunnels traverse the Eastview area of the City of Rancho Palos Verdes.Do the Sanitation Districts have any sense yet of what will be involved in the future inspection and possible repair of these existing tunnels?Should the City expect that the staging of these future activities might occur in our Eastview Park,which is located on land leased from the Sanitation Districts?Can the expected impacts of these future activities somehow be included in the current DEIS/EIR? Again,thank you for the opportunity to provide comments on this important project.If you have any questions or need additional information,please feel free to contact me at (310)544-5226 or via e-mail atkitf@rpv.com. ez Senior Administrative Analyst cc:Mayor Anthony Misetich and City Council Carolyn Lehr,City Manager Carolynn Petru,Deputy City Manager M:\8order Issues\LACSD Clearwater Program\20120409_EIS-EIRComments.doc D-29 Notice of Intent and Initial Study for Chase Bank Project D-30 D-31 1 CITY OF ROLLING HILLS ESTATES INITIAL STUDY, ENVIRONMENTAL CHECKLIST 1. Project Title: Chase Bank 2. Lead Agency Name and Address: City of Rolling Hills Estates 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 3. Contact Person and Phone Number: Niki Cutler, AICP, Principal Planner (310) 377-1577 4. Project Location: 828 Silver Spur Road (between Beechgate and Roxcove Drives) Assessor’s Parcel No. 7586-027-012 Rolling Hills Estates, CA 90274 (See Figures 1, 2, and 3: Regional Location, Project Location, and Aerial Photograph of the Site, as well as Section 8 Description of Project for additional details.) 5. Project Sponsor’s Name and Address: Stantec Architecture, Inc. 19 Technology Drive, Suite 200 Irvine, CA 92618 6. General Plan Designation: Commercial General/Mixed-Use Overlay (CG/MU) (Planning Area 6) and within the Cultural Resources and Hazards Management Overlay Zones; a Scenic Corridor Overlay is also designed for the segment of Silver Spur Road that includes the project’s frontage 7. Zoning: CG/MU (Commercial General/Mixed Use) Overlay District 8. Description of Project: Project Location The project site is located in the Peninsula Center (Rolling Hills Estates’ primary commercial area) on the north side of Silver Spur Road, in the City of Rolling Hills Estates, Los Angeles County, California. The 0.57-acre site is bounded by Beechgate Drive on the east, Beechgate Road on the north and west, and Silver Spur Road on the south. The project site is located on map page 823 of the Los Angeles County Thomas Guide and on the Torrance, California 7.5- minute United States Geologic Survey (USGS) Topographic Quadrangle (Photorevised 1981) (Township 5 South, Range 14 West). See Figures 1 and 2, which illustrate the regional orientation of the City of Rolling Hills Estates and the project location, respectively. D-32 2 Project History The project site was previously the subject of an Environmental Impact Report (EIR) for the proposed Silverdes Medical Office Condominium Project (Silverdes Project), which consisted of a three-story, 29,642-ft2 medical office building with two levels of underground parking. On February 24, 2009, the City Council of the City of Rolling Hills Estates approved the entitlements for the Silverdes Project and certified the corresponding EIR. The Silverdes Project, however, has not been built to date, and the project site is now proposed for the subject Chase Bank. Given that the Silverdes Project EIR described the environmental conditions of the site as they existed in December of 2007 (when the Notice of Preparation was published) and considered the environmental impacts of a development project on the site, the Silverdes Project EIR is incorporated herein by reference in its entirety (Silverdes Medical Office Condominium Project, certified February 24, 2009, State Clearinghouse Number 2007121061). The Silverdes Project EIR determined that the project would not have any significant impacts on the environment with the incorporation of mitigation measures 1. The Silverdes Project EIR is available for review upon request at the City of Rolling Hills Estates, 4045 Palos Verdes Drive North, Rolling Hills Estates, CA 90274 during normal business hours. Given the differences between the proposed Chase Bank and the Silverdes Project (bank use rather than medical offices, one story rather than three stories, minimal grading rather than substantial grading/excavation for two underground parking levels, etc.), the lead agency has deemed it appropriate to conduct a separate CEQA document. Nonetheless, the City recognizes that the environmental conditions/setting of the site are largely the same as was described in the Silverdes Project EIR. Project Characteristics The proposed project consists of building a new 1-story, 4,404-square foot (ft2), free-standing Chase Bank branch with a drive-thru ATM. Figure 4 presents the proposed site plan, and Figures 5 and 6 present elevation plans for the proposed bank. The details of the proposed project are described in the following sub-sections. Architectural Design The proposed bank is designed in a Spanish Mediterranean style with a mission-style, red tile roof and painted stucco facades. The proposed bank structure features articulated facades on all four elevations with recessed and projecting elements; a combination of arched and straight window/door frames; and an earth-tone color palate with offsetting white and beige facades and red clay-colored trim that matches the red tile roof. The proposed ATM canopy mimics the design of the proposed bank building with matching colors and materials. 1 The Silverdes Project EIR evaluated the potential environmental effects of the then proposed medical office building, related to aesthetics, air quality, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, public services and utilities, and transportation and traffic. D-33 3 The proposed bank building would have a maximum height of 29’-6½’ (29 feet, 6 ½ inches) and the proposed ATM canopy would have a maximum height of 20’-3”. The roof line of the proposed bank is varied due the articulating façade, with roof peaks at 19’-6”, 25’-11”, and 29’- 6½” (the maximum proposed height). Layout, Parking, and Circulation The proposed bank building would be placed in the southeast corner of the site with parking bays along the north and west sides of the building that provide a total of 31 parking stalls. The proposed 2-lane drive-thru ATM canopy would be located in the western corner of the site, west of the proposed parking bay. Vehicular access to the site would be provided via three driveways: a full-access entry/exit from Beechgate Drive, a full-access entry/exit from Silver Spur Road, and an exit-only driveway onto Silver Spur Road from the proposed drive-thru lane. Landscape Improvements The proposed project includes landscaped areas located along all street frontages of the site with the largest landscaped area being located at the southwest corner of the site. Landscape plans are subject to review and approval by the City’s Park and Activities Commission prior to the issuance of Building Permits. Approximately 30% of the site would be covered with landscaping. Grading and Drainage The proposed project involves grading of the site to create a building pad and to establish surface parking fields. Project grading includes 3,000 cubic yards (yds3) of export and 500 yds3 of import to account for the expansion potential of the existing soil onsite. The finished project site would generally slope from north to south. Storm water would be directed into parking lot gutters and grated trench drains, which would empty into an existing storm drain in Silver Spur Road. Requested Discretionary Approvals The proposed project requires the following City Discretionary actions: City Discretionary Actions Decision Making Body Action Required Planning Commission Precise Plan of Design Grading Permit 9. Surrounding land uses and setting: The City of Rolling Hills Estates lies within the southwest portion of Los Angeles County on the Palos Verdes Peninsula. The Peninsula consists of rolling hills surrounded by the Pacific Ocean on three sides (the south, east, and west) and the Los Angeles Basin to the north. The project site lies in the City’s main commercial area – the Peninsula Center. From as early as 1947, the project site was utilized for agricultural purposes. Agricultural use continued until 1969, when the site was first developed as a gasoline service station. The site remained as a service station (Peninsula Auto Service/ARCO) until it was demolished in 2003. D-34 4 The site is currently a vacant lot. Remnants from the previous service station that remain onsite include a concrete retaining wall and landscape bed along the northern boundary of the site, and the pole that held the sign of the previous service station in the southwest corner of the site. The landscape bed along the northern property boundary is planted with a row of mature cypress trees that are proposed to be removed with project construction. Figure 3 is an aerial photograph of the project site, and photographs of the site and the surrounding area are presented in Figure 7. The surrounding area includes a commercial center (Town and Country Shopping Center) located to the south across Silver Spur Road, a two-story office building to the east across Beechgate Drive, single-family residences in the City of Palos Verdes to the north, and commercial uses to the northwest across Silver Spur Road. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. 11. References: The documents listed below are incorporated into this document by reference and are available for review in the Planning Department of the City of Rolling Hills Estates, which is located in City Hall, 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274. a. California, State of, the Resources Agency, Department of Conservation, Division of Mines and Geology. Seismic Hazards Zone Map, Torrance Quadrangle, 1999. b. Rolling Hills Estates, City of, General Plan, 1992. c. Rolling Hills Estates, City of, Final Environmental Impact Report for the Proposed Rolling Hills Estates General Plan Update, September 1992. d. Rolling Hills Estates, City of. Rolling Hills Estates Municipal Code. e. Rolling Hills Estates, City of. Public Facilities Impact Fee Report. June 13, 2008. f. Rolling Hills Estates, City of. Traffic Impact Analysis Methodology Guidelines. June 14, 2004. g. Environmental Impact Report (EIR) for the proposed Silverdes Medical Office Condominium Project (Silverdes Project), h. South Coast Air Quality Management District. Air Quality Analysis Guidance Handbook. i. South Coast Air Quality Management District. Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008. D-35 5 12. Appendices A. Traffic Report, Stantec Consulting Services, Inc. B. California Emissions Estimator Model (CalEEMod) Results (Air Quality and Greenhouse Gas Emission Modeling) C. Geotechnical Investigation Report and Geotechnical Investigation Addendum 01, Stantec Consulting Corporation D. Phase I and Phase II Environmental Site Assessments, Partner Science and Engineering, Inc. REPORT PREPARERS The following consulting firm assisted the City of Rolling Hills Estates in the preparation of this Initial Study: Willdan Engineering 13191 Crossroads Parkway South, Suite 405 Industry, California 91746-3497 D-36 6 FIGURE 1 – REGIONAL ORIENTATION MAP D - 3 7 7 FIGURE 2 – PROJECT LOCATION MAP D - 3 8 8 FIGURE 3 – AERIAL PHOTOGRAPH OF THE PROJECT SITE D - 3 9 9 FIGURE 4 – PROJECT SITE PLAN D - 4 0 10 FIGURE 5 – SOUTH AND WEST ELEVATIONS OF THE PROPOSED CHASE BANK Source: Stantec D - 4 1 11 FIGURE 6 – NORTH AND EAST ELEVATIONS OF THE PROPOSED CHASE BANK AND ELEVATIONS OF THE ATM CANOPY Source: Stantec D - 4 2 12 FIGURE 7 – PROJECT SITE PHOTOS View of Project Site Looking West View of Project Site Looking East View of Project Site Looking South View of Project Site Looking North Project Site Frontage on Beechgate Drive Project Site Frontage on Silver Spur Road D-43 13 INITIAL STUDY CHECKLIST ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages: Aesthetics Biological Resources  Hazards & Hazardous Materials  Mineral Resources  Public Services  Utilities / Service Systems  Agriculture Resources  Cultural Resources  Hydrology / Water Quality  Noise  Recreation Mandatory Findings of Significance  Air Quality  Geology /Soils  Land Use / Planning  Population / Housing  Transportation / Traffic DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation:  I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.  I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.  I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.  I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been address by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.  I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date City of Rolling Hills Estates Printed Name For D-44 14 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers, except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factor as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis.) 2) All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, “Earlier Analyses,” may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should formally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. D-45 15 ENVIRONMENTAL CHECKLIST: I LAND USE AND PLANNING Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Physically divide an established community?     b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the General Plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?     c) Propose a use not currently permitted by the General Plan Use Map?     d) Propose a use not currently permitted by the Zoning Ordinance and Zoning Map?     e) Result in an increase in density beyond that permitted in the General Plan and Zoning Ordinance?     f) Have an architectural style or use building materials that are substantially inconsistent with neighborhood compatibility requirements?     g) Propose a use, which is incompatible with surrounding land uses because of the difference in the physical scale of development, noise levels, light and glare and traffic levels or hours operation?     h) Detract substantially from the rural character, as defined in the Rolling Hills Estates General Plan of the City?     i) Conflict with any applicable Habitat Conservation Plan or Natural Community Conservation Plan?     Explanation of Checklist Judgments: I(a). No Impact – The proposed construction of a new 1-story, 4,404-square foot (ft2), free-standing Chase Bank branch with a drive-thru ATM is consistent with the underlying zoning of the property (“CG/MU”) - Commercial General/Mixed Use Overlay District and the surrounding commercial retail and office uses. Given that the proposed improvements would occur entirely on the existing 0.57-acre parcel which comprises the project site, the location and design of the proposed project would not divide an established community and would cause no related impacts. I(b). No Impact - The project site is currently zoned “CG/MU” (Commercial General/Mixed Use Overlay District) and designated “Commercial General/Mixed- Use Overlay” in the City’s General Plan. The proposed new bank building and drive- thru ATM would re-instate the commercial use of the site (it is currently vacant but was previously occupied by a gasoline service station), which is consistent with the general plan and zoning designations of the site and compatible with the surrounding land uses. In addition, the project site is located in the following overlay zones: Cultural Resources Overlay – this designation applies to those areas that have been designated as having a high sensitivity for cultural resources and where future development may affect these resources. The Conservation Element of the General Plan details appropriate actions that must be followed when property is included within this designation. D-46 16 Scenic Corridor Overlay – This designation applies to all properties on major roadways, where scenic vistas, as designated in the Conservation Element of the General Plan, are located. The Scenic Corridor applies to all properties abutting this segment of Silver Spur Road. The Conservation Element of the General Plan outlines specific guidelines for future development along these roadways. Hazards Management Overlay – This designation applies to those areas of the City which may be subject to some type of environmental hazard. These areas subject to seismic risk, flood hazard, or slope stability are included within the Hazards Management Overlay. Mixed-Use Overlay - This land use designation is very site specific and applies only to those areas included with the Commercial General land use designations. The designation permits residential development to be constructed in areas with this land use designation. The residential units may either share the structure or parcel. The proposed new improvements will not conflict with the City’s “Scenic Corridor Overlay” designation, which is discussed in III(d, h, i) below; the Cultural Resources Overlay, as described in VIII below; or with the “Mixed-Use Overlay” since no residential units are included in the project. I (c). No Impact – The proposed project is consistent with the land use designations for the site. I (d). No Impact - The proposed project is consistent with the zoning for the site. I (e). No Impact – The proposed project is within the density limits established in the City’s Zoning Ordinance and General Plan. The Land Use Element of the City’s General Plan identifies a maximum floor area ratio (FAR) of 3.0 to 1.0 for the Commercial General General Plan designation and corresponding “CG” zoning district. A 3:1 FAR for the site translates into 74,488 ft2 of maximum allowable building space for the 24,829-ft2 site. With the proposed project, there would be 4,404 ft2 of building space on the site, which is well below the FAR requirement. In addition to the FAR requirement, the City’s Zoning Code (Section 17.30.050) establishes a maximum lot coverage of 35% for the CG zoning district. This translates into a maximum lot coverage of 8,690 ft2 for the 24,829-ft2 site. With the proposed project, the total lot coverage onsite would be 4,404 ft2, which complies with the lot coverage requirement. The maximum permitted height of structures in the CG/MU zone is 44-feet. Project plans submitted by the applicant indicate a proposed maximum structural height of the bank building at 29-feet, 6½ -inches. I (f). Less Than Significant Impact – The proposed project is the proposed construction of a new 1-story, 4,404-ft2, free-standing Chase Bank branch with a drive-thru ATM with hardscaping, landscaping, and parking improvements. All of these improvements will be constructed in a single phase. D-47 17 The proposed bank is designed in a Spanish Mediterranean style with a mission- style, red tile roof and painted stucco facades. The proposed bank structure features articulated facades on all four elevations with recessed and projecting elements; a combination of arched and straight window/door frames; and an earth-tone color palate with offsetting white and beige facades and red clay-colored trim that matches the red tile roof. The proposed ATM canopy mimics the design of the proposed bank building with matching colors and materials. Based on the analysis and discussion provided in Section III – Aesthetics, the project does not propose an architectural style or building materials that are substantially inconsistent with neighborhood compatibility requirements, and the project would cause no related significant impacts. I (g). Less Than Significant Impact - The scale and character of the proposed project is consistent with other uses in the area. There are existing commercial retail and office uses in close proximity to the proposed project, including a large retail commercial center located across Silver Spur Road. Several of these retail and office buildings are designed in a Spanish Mediterranean style with mission-style, red tile roofs and painted stucco facades. Although there are single-family residential uses located to the north of the proposed project, they are located at a higher elevation than the proposed bank building, are approximately 250 feet away, and would be largely unaffected by the project. The project site has been used as a gasoline service station in the past. The proposed development of the property as a bank with drive-thru ATM is a permitted use in the CG/MU (Commercial General/Mixed Use) Overlay District. The proposed use is also consistent with the property’s general plan designation (Commercial General/Mixed-Use Overlay (CG/MU). The City’s municipal code requires that the project reviewed under a Precise Plan of Design. In addition, a grading permit will be required from the City for the proposed project. There are no other additional entitlements that would be required for the project. The proposed project improvements conform to existing zoning regulations. This includes building height, lot coverage, FAR, setback, and parking standards. The project’s landscape plan is required to be reviewed and approved by the City’s Park and Activities Commission, which would ensure that the project would conform to the City’s landscape standards I(h). No Impact – The project is consistent with the zoning, General Plan land use designation, and scenic corridor overlay for the property. The proposed improvements to the property in this commercial area of the City would not detract from the rural character of the City. I(i). No Impact – The proposed project is not located in an area which is subject to any habitat conservation plan. D-48 18 II RECREATION & OPEN SPACE Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Result in the loss of any City designated areas for hiking or horse or bicycle riding?     b) Reduce the ratio of parkland in the City to below 6.7 acres per 1,000 residents as designated in the General Plan?     c) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the open space would occur or be accelerated?     d) Individually or cumulatively considered result in a loss of any (i) existing parkland, (ii) open space, as defined by the Rolling Hills Estates General Plan, (iii) private or public recreational facilities as defined by the Rolling Hills Estates General Plan for recreational purposes and/or (iv) the replacement of privately owned public recreational facility as defined by the General Plan with non-recreational facilities as defined in the General Plan?     Explanation of Checklist Judgments: II(a-d). No Impact - The proposed project consists of building a new 1-story, 4,404-ft2, free- standing Chase Bank branch with a drive-thru ATM. The proposed bank building would be placed in the southeast corner of the site with parking bays along the north and west sides of the building that provide a total of 31 parking stalls. The proposed 2-lane drive-thru ATM canopy would be located in the western corner of the site, west of the proposed parking bay. Vehicular access to the site would be provided via three driveways – a full-access entry/exit from Beechgate Drive, a full-access entry/exit from Silver Spur Road, and an exit-only driveway onto Silver Spur Road from the proposed drive-thru lane. Since all proposed improvements would occur onsite, the proposed project would not result in the loss of any existing hiking trails, horse or bicycle riding facilities, parkland, open space, or other public or private recreational facilities. Similarly, since the proposed project would not result in an increase in the City’s population, the project would not reduce the City’s parkland-to- person ratio and would not increase the use of any parks or recreational facilities. Therefore, the proposed project would not adversely impact any recreational facilities or open space areas. III AESTHETICS Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Not meet the Rolling Hills Estates development standards or neighborhood compatibility standards in a substantial manner?     b) Conflict with any applicable plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect (i.e. development standards, design guidelines, etc)?     D-49 19 III AESTHETICS Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: c) Include new electrical service box and utilities lines above ground?     d) Be located within a view corridor and include unscreened outdoor uses or equipment inconsistent with the rural character, as defined by the City of Rolling Hills Estates General Plan?     e) Result in the loss of any (i) Environmentally Sensitive Area as defined by the City of Rolling Hills Estates, (ii) natural undeveloped canyon or (iii) hillside area?     f) Obstruct the public’s view of (i) scenic resources or (ii) a scenic corridor or (iii) vista as identified (on a case-by- case basis)?     g) Contrast with the surrounding development and/or scenic resources due to the project’s height, mass, bulk, grading, signs, setback, color or landscape?     h) Be located along a City designated scenic or view corridor and contrast with the surrounding development and/or scenic resources due to the project’s height, mass, bulk, grading, signs, setback, color or landscape?     i) Substantially: (i) remove natural features, or (ii) add man-made features, or (iii) structures which degrade the visual intactness and unity of the scenic corridor or vista?     j) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area that will exceed the standards established in the Municipal Code, illuminate areas outside the project boundary, and use excessive reflective building material?     k) Include roadway improvements that will result in a substantial decrease of open space or trees?     l) Include roadway improvements that are not consistent with the surrounding landscape?     m) Result in the installation of a traffic signal that is not justified by signal warrants or documented roadway hazards?     n) Result in the installation of a traffic signal in a residential neighborhood 1?     Explanation of Checklist Judgments: III(a-b) Less Than Significant – The proposed project consists of building a new 1-story, 4,404-ft2, free-standing Chase Bank branch with a drive-thru ATM. The proposed bank building would be placed in the southeast corner of the site with parking bays along the north and west sides of the building that provide a total of 31 parking stalls. All of these improvements would be constructed in a single phase. Detailed architectural drawings submitted by the applicants present a building to be constructed in a Spanish Mediterranean style with a mission-style, red tile roof and painted stucco facades. This building style matches that of other commercial buildings in the area. 1 For purposes of this traffic signal threshold only, a signal is considered to be located in residential neighborhood if it is within or abutting a residentially zoned property. D-50 20 The preliminary design of the bank building and drive-thru ATM are consistent with the property development standards for the Commercial General/Mixed Use Overlay District (RHE Municipal Code § 17.30.050). The project site also lies along a Scenic Corridor identified in the City’s General Plan (see subsection III [d, h, i]). The scenic corridor designation strives to ensure that significant views along these corridors are preserved. The proposed project requires review and approval of a Precise Plan of Design (PPD) by the City’s Planning Commission per Section 17.58 of the City’s Municipal Code. Per 17.58.030 of the Municipal Code, to be granted a PPD, the project must be designed to meet the City’s development standards, zoning ordinance, and General Plan. In addition, since the site is located with the Peninsula Center Commercial District, Section 17.58.030 requires the project to meet additional design requirements. Section 17.58.030(D) of the City’s Municipal Code states: All buildings and structures in the city erected or modified after October 1, 1983, within Peninsula Center (as shown in the Peninsula Center element of the general plan), shall be designed to be compatible in terms of size, bulk, scale, proportion, site coverage, architectural appearance and density and intensity of use and design as provided in the general plan. Each project shall be developed so as to give adequate consideration to the aesthetic requirements of the Peninsula Center design standards, topography of the site, adjacent uses of the land, internal and external vehicular and pedestrian circulation, adequacy of parking, how well the project relates to the site, its potential for adversely affecting the view shed, the goals of the Peninsula Center element of the general plan, and the overall effect of the proposed development on the Peninsula Center. The proposed construction of the bank branch building and drive-thru ATM are expected to comply with all of the City’s Municipal Code standards. The proposed bank building, drive-thru ATM and associated parking areas respect the existing commercial amenities of the site and surroundings; are of a scale that is consistent with surrounding properties; contain design elements that blend in with the existing buildings in the area (e.g., Spanish Mediterranean style buildings with a mission- style, red tile roofs and painted stucco facades); and also include landscaping of the proposed parking area. In addition, the proposed improvements would not encroach upon the privacy of any surrounding facilities and would not negatively impact any views (see subsection III[f-g]). The City’s PPD approval process, which requires a meeting before the Planning Commission, ensures that the final design of the proposed bank building and drive- thru ATM will meet the City’s design requirements. Therefore, the proposed project would not conflict with any plans, policies, or regulations adopted for the purposed of avoiding or mitigating an environmental effect, including the City’s neighborhood compatibility standards. III(c) No Impact - The proposed project consists of building a new 1-story, 4,404-ft2, free- standing Chase Bank branch with a drive-thru ATM. No new above-ground utility lines or service boxes would be installed with this project. D-51 21 III(d, h, i) Less than Significant Impact – The project site is located along Silver Spur Road, which is a designated “Scenic Corridor” in the City’s General Plan (see Exhibit 5-2 of the Rolling Hills Estates General Plan). Rolling Hills Estates’ Scenic Corridors are roadways that traverse areas of aesthetic quality or offer views of aesthetic features. The following criteria were used in designating Scenic Corridors in the City 2:  Areas which characterize the rural or urban form of the City of Rolling Hills Estates.  Significant historic places or sites of interest.  Outstanding topographic features or unique natural features.  Urban design and architecture unique to the City of Rolling Hills Estates.  Important viewsheds where preservation is warranted. The proposed project consists of building a new 1-story, 4,404-ft2f, free-standing Chase Bank branch with a drive-thru ATM. The project site consists of an approximately ½-acre irregularly-shaped parcel that slopes southward towards Silver Spur Road. The northern side of the parcel is improved with retaining walls and planted with a row of existing cypress trees. The site would be re-graded to create a level pad for the bank building, parking and automobile circulation areas, as well as for the drive- thru ATM. The proposed landscaping is ornamental in nature and is concentrated in the parking areas and along the street frontages of the property. While the project involves minor grading to prepare the site and to accommodate the proposed improvements, the topography of the site would not be noticeably changed. Moreover, the site does not contain any natural topographic features (e.g., knolls, valleys, outcroppings, etc.), native landscaping, or other natural features that contribute to the scenic quality of the area. The proposed bank building and drive-thru ATM conform to the height and setback requirements of the CG/MU Zone District. The bank building would have a 5-foot setback from Silver Spur Road and from Beechgate Drive. These areas would be landscaped as would other areas of the site that are not occupied by parking and drive aisles. The overall height of the building (29-feet, 6½ -inches) is well below the permitted 44-feet Code requirement. Vehicular entrances to the property would be from new 2-way driveways on Beechgate Drive and Silver Spur Road. The drive-thru ATM has an “exit only” driveway onto Silver Spur Road. The proposed driveway improvements would replace deteriorating pavement and improve the appearance of the site both from Silver Spur Road and Beechgate Drive. In addition to not adversely affecting the aesthetic quality or character of the project environs, the proposed project would not block or obstruct views of any scenic resources. The proposed structures and landscaping are similar in height and density to surrounding commercial uses and the proposed landscaping would be consistent in character to landscaping located at nearby commercial centers. The new building is also proposed to be located at the southeast corner of the property, thus reducing its visibility to residential properties located to the north. 2 City of Rolling Hills Estates General Plan, see pg. 5-18. D-52 22 In summary, the proposed project would not result in significant adverse impacts on the Silver Spur Road Scenic Corridor. Specifically, the proposed project would not include unscreened outdoor uses or equipment that are inconsistent with the urban character of this area of the City; would not contrast with the surrounding development or scenic resources; and would not degrade the visual intactness and unity of the scenic corridor. III(e) No Impact – The proposed project will not result in the loss of any Environmentally Sensitive Areas, undeveloped canyons, or hillside areas. The project site is currently vacant and was previously occupied by a gasoline station. There are no natural features of the site that would be removed as a result of constructing the bank building and drive-thru ATM. Therefore, the proposed project would have no impacts related to the loss of an Environmentally Sensitive Area, natural undeveloped canyon, or hillside area. III(f-g) Less than Significant Impact - There are no scenic resources that would be obstructed with the proposed construction of the bank and drive-thru ATM. The site is currently vacant and was previously occupied by a gasoline service station. The site is situated within a commercial area and is located along a commercial corridor in this portion of the City. The proposed building’s architecture will be compatible with existing commercial retail and office buildings in the area. Furthermore, the project confines new construction towards the front of the site, adjacent to Silver Spur Road. This results in the project “blending” with other commercial uses located in this commercial corridor in the City. Similarly, the project would not obstruct any distant views. The site lies down slope from the only residential uses in the vicinity, which exist to the north. The proposed structure is a single-story building that complies with the height restrictions of the Zoning Code and is consistent with other buildings in the vicinity. See also Section III (d, h, i), above. III(j). Less Than Significant Impact With Mitigation – The project site is currently separated from residential uses to the north by Beechgate Drive and Silver Spur Road which “wraps” the property on the east and north, respectively. The project site is also situated down slope approximately 250 feet from the nearest residential properties located to the north and northeast. These factors significantly diminish light and glare emanating from the project site for residential uses. In addition to the foregoing, Section 17.42.030 of the Rolling Hills Estates Municipal Code requires any lighting on the property to be directed only onto the property itself and will not be permitted to illuminate other properties. Also, any indirect illumination of neighboring properties will not be permitted to exceed one foot- candle at the property line for neighboring commercial properties and 4/10ths foot- candle for all other adjoining properties. Mitigation Measure AES-1 ensures compliance with the lighting standards in the City’s Municipal Code (Chapter 17.42). With this mitigation, and due to the down slope location of the property the proposed project would not create a substantial source of light or glare and any related impacts are less than significant. D-53 23 Mitigation Measure AES-1: Prior to the issuance of a Building Permit, a lighting plan showing conformance with Chapter 17.42 of the Rolling Hills Estates Municipal Code shall be reviewed and approved by the Planning Director. III(k-l). No Impact – The proposed project does not include any roadway improvements, other than the closing of existing driveways and creation of new driveways along the Silver Spur Road and Beechgate Drive project frontages. These minor improvements would not result in a loss of open space or a loss of trees, and would have no discernable change to the surrounding landscape. III(m-n) No Impact – The project does not include the installation of a traffic signal and the proposed improvements to the site are not anticipated to trigger any traffic warrants. IV TRANSPORTATION/TRAFFIC Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Itself, or when cumulatively considered result in a traffic impact. A change in Level of Service (LOS) from C to D or D to E is a traffic impact. Within LOS C or D, a change in ICU value greater than 0.02 is an impact and within LOS E or F a change in ICU greater than 0.01 is an impact. For unsignalized intersections, an impact occurs when the addition of project traffic increases the Level of Service to an unacceptable level (less than LOS C)?     b) Trigger one or more signal warrants?     c) Include design features, uses, or traffic volumes that may cause traffic hazards such as sharp curves, tight turning radii from streets, limited roadway visibility, short merging lanes, uneven road grades, pedestrian, bicycle or equestrian safety concerns, or any other conditions determined by the City Traffic Engineer to be a hazard?     d) Result in additional access points on arterial streets as defined by the General Plan?     e) Result in a residential project that will result in a secondary access point?     f) Create one or more access points on a roadway that is not the primary frontage?     g) Create a flag lot3 adjacent to an arterial street, as defined by the General Plan?     h) Result in inadequate parking capacity as determined by the City in evaluating the reasonably foreseeable demands of the specific project?     i) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnouts, bicycle racks)?     Explanation of Checklist Judgments: 3 A flag lot is defined as a lot located behind another lot that has normal street frontage. A flag lot includes a strip of land that goes out to the street and is generally used for an access drive. There are two distinct parts to a flag lot; the flag, which comprises the actual building site, located behind another lot, and the pole, which provides access from the street to the flag. A flag lot results from the division of a large lot with the required area and depth for two lots, but which has insufficient width to locate both lots on the street frontage. D-54 24 IV(a). Less Than Significant Impact – Stantec prepared a Traffic Report (dated March 2012) for the proposed project, which is included in this Initial Study as Appendix A. This Traffic Report evaluated the proposed project pursuant to CEQA, in accordance with the City of Rolling Hills Estates’ Traffic Impact Analysis Methodology Guidelines 4. The project’s Traffic Report estimates the peak hour (AM and PM) and average daily vehicle trips that would result from the proposed project, based on the trip generation rates identified by the Institute of Transportation Engineers (ITE) for a Bank With Drive Through (ITE Code 912). As shown in Table IV-1, the proposed project would generate 40 net trips during the AM peak hour, 86 net trips during the PM peak hour, and 489 net daily trips. Table IV-1 Project Trip Generation Estimates AM Peak Hour PM Peak Hour Land Use Size Daily In Out Total In Out Total Trip Rates1 Bank With Drive Through (ITE Code 912) per TSF 148.15 6.92 5.43 12.35 12.91 12.91 25.82 Trip Generation Proposed Bank 4.404 TSF 652 30 24 54 57 57 114 Pass-by Reduction -163 -8 -6 -14 -14 -14 -28 TOTAL NET TRIP GENERATION 489 22 18 40 43 43 46 Source: Stantec, Chase Bank – Silver Spur Road and Beachgate Drive, Traffic Report, 2012. Notes: 1 Trip rates based on Trip Generation, 8th Edition, Institute of Transportation Engineers (ITE), 2008. 2 Pass-by reduction assumes that 25% of the vehicles that would stop at the bank would be vehicles that are already on the streets and simply would stop at the bank on their way to a different destination. To evaluate the affect that the project-induced trips would have on traffic conditions, Stantec performed a level of service (LOS) analysis at seven (7) intersections. The LOS analysis considered four (4) scenarios: Existing Conditions, Existing Plus Project Conditions, Cumulative Conditions, and Cumulative Plus Project Conditions. Table IV-2 compares the Existing Conditions with the Existing Plus Project Conditions. As shown in this table, all of the evaluated intersections would operate at an acceptable level of service, except the Silver Spur Rd./Hawthorne Blvd. intersection, which would operate at LOS D in the AM Peak Hour with or without the project. The project would cause a 0.001 increase in the intersection’s ICU value, which is below the City’s threshold of significance of 0.02. Therefore, the project’s traffic impacts are not significant. 4 City of Rolling Hills Estates, Traffic Impact Analysis Methodology Guidelines, June 14, 2004. D-55 25 Table IV-2 Level of Service Summary – Existing Conditions Analysis Intersection Existing Conditions Existing Plus Project Scenario AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour ICU or Delay (Sec) LOS ICU or Delay (Sec) LOS ICU or Delay (Sec) LOS ICU or Delay (Sec) LOS Crenshaw Blvd./Silver Spur Rd. 0.660 B 0.608 B 0.667 B 0.617 B Beechgate Dr./Silver Spur Rd. 0.396 A 0.486 A 0.413 A 0.511 A Drybank Dr./Silver Spur Rd. 0.309 A 0.526 A 0.312 A 0.532 A Norris Center Dr./Silver Spur Rd. 0.356 A 0.491 A 0.358 A 0.497 A Silver Arrow Rd./Silver Spur Rd. 0.425 A 0.489 A 0.427 A 0.494 A Silver Spur Rd./Hawthorne Blvd. 0.811 D 0.740 C 0.812 D 0.750 C Silver Spur Rd./Roxcove Dr.* 10.8 B 14.6 B 10.8 B 14.9 B * Unsignalized intersection, measured in seconds of delay. Table IV-3 compares the Cumulative Conditions with the Cumulative Plus Project Conditions. Cumulative Conditions were determined by distributing the trips that other development projects in the area would generate on the roadway network. As shown in Table IV-3, all of the evaluated intersections would operate at an acceptable level of service, except the Silver Spur Rd./Hawthorne Blvd. intersection. This intersection would operate at an LOS D in the AM Peak Hour with or without the project. In the PM Peak Hour, this intersection would operate at an LOS C without the project and an LOS D with the project. The project would cause a 0.001 increase in the intersection’s ICU value during the AP Peak Hour and an increase of 0.01 during the PM Peak Hour, both of which are below the City’s threshold of significance of 0.02. Therefore, the project’s contribution to cumulative traffic impacts is not considerable. Table IV-3 Level of Service Summary – Cumulative Conditions Analysis Intersection Cumulative Conditions Cumulative Plus Project Scenario AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour ICU or Delay (Sec) LOS ICU or Delay (Sec) LOS ICU or Delay (Sec) LOS ICU or Delay (Sec) LOS Crenshaw Blvd./Silver Spur Rd. 0.700 C 0.681 B 0.709 C 0.696 B Beechgate Dr./Silver Spur Rd. 0.404 A 0.508 A 0.420 A 0.526 A Drybank Dr./Silver Spur Rd. 0.367 A 0.606 B 0.370 A 0.613 B Norris Center Dr./Silver Spur Rd. 0.374 A 0.539 A 0.376 A 0.546 A Silver Arrow Rd./Silver Spur Rd. 0.441 A 0.530 A 0.443 A 0.536 A Silver Spur Rd./Hawthorne Blvd. 0.834 D 0.796 C 0.835 D 0.806 D Silver Spur Rd./Roxcove Dr.* 11.2 B 15.6 C 11.3 B 15.9 C * Unsignalized intersection, measured in seconds of delay. IV(b). No Impact – The amount of project induced vehicle trips required a signal warrant analysis for one unsignalized intersection – Silver Spur Rd. at Roxcove Dr. As shown above in Tables IV-2 and IV-3, this intersection operates at an acceptable D-56 26 LOS with and without the project in both the existing and cumulative scenarios. In addition, the minimum peak hour volume threshold of signal warrants is 100 vehicles per hour for the minor street approach. In total, the proposed project and all of the cumulative projects would add 68 vehicles in the higher peak hour. The project did not meet any signal warrants.5 IV(c). Less than Significant Impact – The proposed project includes three new access points and vehicular circulation in the proposed parking lot. The project’s Traffic Report 6 (contained in Appendix A of this document) included the following discussion regarding the proposed circulation: The project proposes to provide one full access driveway along Beechgate Drive. This driveway will be approximately 25 feet wide, allowing adequate width for one in-bound and one out-bound lane. One outbound lane is adequate for Beechgate Drive, which has relatively low traffic volumes, and vehicles wishing to turn right will not be waiting behind vehicles wanting to turn left and waiting for a break in heavy traffic. There are no sight distance issues with this driveway. The project will also provide two driveways along Silver Spur Road. These will both allow for right-turns in and out only, but left turns will be prohibited by an existing raised median along Silver Spur Road. There are no sight distance issues with either of these proposed driveways along Silver Spur Road. The internal roadways will be approximately 25 feet wide, which is adequate for a project of this type. In addition, the City’s Traffic Engineer has reviewed the project’s circulation plans and has not identified any potential traffic hazards. Therefore, the proposed project would not cause any significant environmental impacts related to traffic hazards. IV(d). No Impact – No additional access points on arterial streets are proposed. IV(e). No Impact – The project is not a residential project and the project site would not add any new residential access points. IV(f). Less than Significant Impact – The proposed bank is designed to front onto two streets – Silver Spur Rd. and Beechgate Dr. The site currently has vehicular access points from both of these streets. However, vehicular access to the site has been restricted since the closure of the former gas station onsite. Access to the proposed bank from Beechgate Dr. would occur in the same location as the existing driveway apron. Similarly, the two proposed access points from Silver Spur Rd. are in the same general location as the existing driveway apron. Given the site’s existing vehicular access and the design of the project with two frontages, providing for access from two roadways would not cause any significant environmental impacts. IV(g). No Impact – This is not a residential project and no lots are being created as part of this project. 5 Stantec, Chase Bank – Silver Spur Road and Beachgate Drive, Traffic Report, 2012. 6 Ibid. D-57 27 IV(h). No Impact – Based on the City’s Municipal Code, the proposed project would require 30 spaces. The proposed site plan provides for a total of 30 parking spaces and one additional loading space. Therefore, the proposed project would not result in inadequate parking capacity. IV(i). No Impact – The project would not conflict with any alternative transportation plans, policies, or programs. V AIR QUALITY Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Fail to meet the applicable State and Federal air quality plan (i) because the project may cause or contribute to emission of identified air pollutants in excess of levels stated in the plan or (ii) where it may fail to implement a remedial or mitigation measure required under the appropriate plan?     b) Results in emission of identified pollutants in excess of the pounds per day or tons per quarter standards established by SCAQMD?     c) Cause a cumulatively considerable net increase of any criteria pollutants for which the project region is non- attainment under an applicable Federal or State ambient air quality regulations (including releasing emissions which exceed quantitative thresholds for ozone precursors) where the incremental effect of the project emissions, considered together with past, present, and reasonably anticipated future project emissions, increase the level of any criteria pollutant above the existing ambient levels?     d) Create objectionable odors affecting a substantial number of people because the project may cause an odiferous emission, including emissions resulting from vehicles, that is noxious, putrid, having an appreciable chemical smell, or having an appreciable smell of human or animal waste, rendering, or by-products?     Explanation of Checklist Judgments: V(a). No Impact – The City of Rolling Hills Estates is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). The SCAB has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards (CAAQS), the California Clean Air Act requires triennial preparation of an Air Quality Management Plan (AQMP). The AQMP considers air quality on a regional level and identifies region- wide attenuation methods to achieve the air quality standards. The most recently plan is the 2007 AQMP, which was adopted by the California Air Resources Board (CARB) in September 2007. This plan is the South Coast Air Basin’s portion of the D-58 28 State Implementation Plan (SIP). The 2003 AQMP remains the applicable air plan for federal ozone standards, since the U.S. Environmental Protection Agency (EPA) has not taken action to approve the 2007 AQMP. Implementation of the AQMP is based on a series of control measures and strategies that vary by source type (i.e., stationary or mobile) as well as by the pollutant that is being targeted. The control measures in the 2007 AQMP are based on facility modernization, energy efficiency and conservation, good management practices, market incentives/compliance flexibility, area source programs, emission growth management and mobile source programs. In addition, CARB has developed a plan of control strategies for sources controlled by CARB (i.e., on-road and off-road motor vehicles and consumer products). Further, Transportation Control Measures (TCM) defined in SCAG’s Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP) are needed to attain the ambient air quality standards. The TCMs defined in the RTP and RTIP fall into three categories, High Occupancy Vehicle Measures, Transit and System Management Measures and Information- based Transportation Strategies. The SCAQMD’s CEQA Handbook identifies two key indicators of consistency with the AQMP: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP (except as provided for CO in Section 9.4 [of the SCAQMD CEQA Handbook] for relocating CO hot spots). (2) Whether the project will exceed the assumptions in the AQMP in 2010 or increments based on the year of project build-out and phase. In regards to criterion 1, the consistency criterion pertains to long-term local air quality impacts, rather than regional emissions, as defined by the SCAQMD. The SCAQMD has identified carbon monoxide (CO) as the best indicator pollutant for determining whether air quality violations would occur, as CO hot-spot is most directly related to increase in traffic. Nevertheless, the air basin is now in attainment for the CO standards and exccedances of the CO standards are not expected. Consequently, local air quality impact modeling is no longer performed. Local air pollutant concentrations would not be expected to exceed the ambient air quality concentration standards due to local traffic, with or without the project. Since the project is not projected to impact the local air quality, the project is found to be consistent with the AQMP for the first criterion. In regards to criterion #2, the assumptions used to develop the AQMP are based on projections from local general plans. Consequently, conformity with the AQMP of infrastructure and land development projects is measured by the project’s consistency with adopted land use plans, growth forecasts, and programs relative to population, housing, employment, and land use. The proposed project is a new Chase bank branch. The proposed bank would be located in an existing commercial area with corresponding general commercial zoning and General Plan designations. The proposed bank is intended to serve the City’s existing and projected population. Given the type and scale of the proposed project, the project is not expected to result D-59 29 in a measurable change in housing, employment, or land use projections. As a result, the project is consistent with the growth expectations for the region. The proposed project is therefore consistent with the AQMP, and would have no associated impacts. V(b-c). Less Than Significant Impact – The South Coast Air Basin (SCAB) is an airshed that regularly exceeds ambient air quality standards (AAQS) – i.e., a non-attainment area. The SCAB is designated a non-attainment area for respirable particulate matter (PM10), fine particulate matter (PM2.5), and ozone (O3). The SCAB is currently a designated attainment area for the remaining criteria pollutants, which include carbon monoxide (CO), reactive organic gasses (ROG), nitrogen oxides (NOx), and sulfur dioxide (SO2). The South Coast Air Quality Management District (SCAQMD) has established regional significance thresholds for these pollutants to compare to a project’s daily emissions for operation and construction activities. In addition, the SCAQMD has developed localized significance thresholds (LSTs) for CO, NOx, PM10, and PM2.5 for stationary sources of air pollutants and for on-site construction induced air pollutants. The following subsections describe the project’s potential pollutant sources and compare the project’s emissions to the SCAQMD thresholds. The project’s emissions were calculated using the California Emissions Estimator Model (CalEEMod) version 2011.1.1. The results of this model are included in Appendix B of this Initial Study. Construction Emissions Construction of the proposed project would include demolition of the existing trash enclosure and concrete wall onsite; site preparation; grading to establish the building pad, parking lot, and access drives, and to provide suitable soils for construction; building construction; paving; landscaping; and painting. These construction activities would generate air pollutants from equipment exhaust, earth disturbance, and off- gassing from asphalt and architectural coatings. Table V-1 identifies the project’s construction emissions (daily emissions on the worst day of construction), as estimated using the CalEEMod, and compares the project’s emissions to the SCAQMD’s regional significance thresholds. As shown in this table, construction of the proposed project would not generate air pollutants in excess of the SCAQMD’s regional significance thresholds. Table V-1 Estimated Construction Emissions (lbs/day on the worst day) ROG NOx CO SO2 PM10 PM2.5 Unmitigated Construction Emissions 9.80 20.31 13.15 0.03 9.07 1.71 SCAQMD Regional Thresholds 75 100 550 150 150 55 Significant? No No No No No No In addition to comparing project emissions with the regional significance thresholds, Table V-2 measures the project’s emissions against the localized significance thresholds (LSTs). Since the proposed project would not install a stationary pollution source (e.g., on-site generator, power plant, refinery, factory, etc.), only the construction LSTs apply to this project. The appropriate LSTs vary on a project-by- D-60 30 project basis depending on the project’s location, the acreage of the construction site, and the distance to the nearest sensitive receptor. The proposed project is located in Southwest Coastal Los Angeles County (Source Receptor Area 3) and the project’s construction site would be less than one acre. The closest sensitive receptors to the site are the residences to the north, which are approximately 250 feet (approximately 76 meters) from the site. These measurables were used to determine the appropriate screening-level LSTs for the project, based on the SCAQMD’s Mass Rate Look Up Tables 7. The appropriate LSTs for this project are shown in Table V-2. Table V-2 also identifies the project’s peak onsite construction emissions for each pollutant. (Offsite construction emissions are not relevant to the LST analysis since they do not affect the localized air quality conditions.) As shown in this table, construction of the proposed project would not generate air pollutants in excess of the SCAQMD’s LSTs. Table V-2 Localized Significance Threshold Analysis (lbs/day on the worst day for onsite construction activities only) CO NOx PM10 PM2.5 Unmitigated Construction Emissions 10.87 17.66 1.64 1.30 SCAQMD LST 785 58 14 5 Significant? No No No No Operation Emissions During operation, the project would generate air pollutants from vehicles arriving and departing the site, landscape maintenance equipment exhaust, natural gas combustion, and other area sources. Table V-3 identifies the project’s peak operation emissions, as estimated using the CalEEMod, and compares the project’s emissions to the SCAQMD’s regional significance thresholds. As shown in this table, project operation would not generate air pollutants in excess of the SCAQMD’s thresholds. Table V-3 Estimated Operation Emissions (peak lbs/day) ROG NOx CO SO2 PM10 PM2.5 Unmitigated Operation Emissions 2.93 6.15 24.81 0.03 3.38 0.32 SCAQMD Regional Thresholds 55 55 550 150 150 55 Significant? No No No No No No Since the proposed project would not generate air pollutants in excess of the SCAQMD’s regional or localized significance thresholds, the proposed project would not cause or substantially contribute to an existing or projected air quality violation, would not generate pollutants in excess of SCAQMD standards, and would not result in a cumulative considerable net increase of any criteria pollutant. V(d). Less Than Significant Impact – The proposed project would not establish any new odor-generating activities. During project construction, equipment may generate 7 South Coast Air Quality Management District. Final Localized Significance Threshold Methodology, Appendix C Mass Rate Look Up Tables. Revised 2008 with Appendix C Revised 2009. D-61 31 some mild odors. However, such odors typically dissipate within close proximity of the source and there are no immediately adjacent residences. Therefore, the proposed project would not cause any significant adverse odor impacts. Greenhouse Gas Emissions Less than Significant Impact - “Greenhouse gases” (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as “global warming.” These greenhouse gases contribute to an increase in the temperature of the earth by allowing incoming short wavelength visible sunlight to penetrate the atmosphere, while restricting outgoing terrestrial long wavelength heat radiation from exiting the atmosphere. The principal greenhouse gases (GHGs) include carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Collectively GHGs are measured as carbon dioxide equivalent (CO2e). Fossil fuel consumption in the transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. According to climate scientists, California and the rest of the developed world will have to cut emissions by 80 percent from today’s levels to stabilize the amount of CO2 in the atmosphere and prevent the most severe effects of global climate change. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include Assembly Bill (AB) 32, Senate Bill (SB) 1368, Executive Order (EO) S-03-05, EO S-20- 06 and EO S-01-07. AB 32, the California Global Warming Solutions Act of 2006, is one of the most significant pieces of environmental legislation that California has adopted. Most notably AB 32 mandates that by 2020, California’s GHG emissions be reduced to 1990 levels. California Executive Order S-3-05 provides a more long-range goal and requires an 80 percent reduction of GHG from 1990 levels by 2050. To meet AB 32 mandates and reduce GHG emissions to 1990 levels means cutting approximately 30 percent from business-as-usual emissions levels projected for 2020, or about 15 percent from today’s levels. On a per-capita basis, that means reducing our annual emissions of 14 tons of CO2 equivalent for every man, woman and child in California down to about 10 tons per person by 2020. The proposed project would generate GHG emissions during both construction and operation. During construction, GHGs would be emitted from vehicles accessing the site and from construction equipment. In the long-term, operation of the proposed bank would generate GHG emissions from vehicle trips to and from the bank, electricity consumption, water use (as a consequence of the energy consumed to transport water), and emissions from maintenance equipment. The CalEEMod was used to estimate the amount of the GHG emissions that the project would generate. The project’s GHG emissions are presented in Table V-4. The total emissions from all construction activities are amortized over a 30-year span, as recommended by the SCAQMD to account for the lifespan of the project. The amortized construction emissions are then added to the estimated annual GHG emissions from operation of the bank, resulting in the total metric tons per year (MT/yr) of GHG emissions that D-62 32 attributable to the project. Table V-4 Annual Project GHG Emissions Activity CO2e in MT/yr Construction (amortized over 30 years) 2.90 Operations 423.82 Total Project GHG Emissions (MT/yr of CO2e) 426.72 The City of Rolling Hills Estates has not adopted any significance thresholds for GHG emissions and there are no adopted GHG significance thresholds that apply to the project. Both the California Air Resources Board (CARB) and SCAQMD have been working to establish significance thresholds for GHG impacts and have published draft thresholds for review and comment, but no significance thresholds applicable to general projects have been adopted by these agencies. Nonetheless, CARB’s and SCAQMD’s proposed thresholds are discussed below and are used as guidance in a qualitative assessment of the project’s GHG impact potential. CARB released a Preliminary Draft Staff Proposal (Staff Proposal) on October 24, 2008 with the objective of developing interim significant thresholds for commercial and residential projects. CARB has proposed a threshold of 7,000 annual metric tons (MT/year) for industrial operational sources but this threshold has not been adopted. At this time, CARB has not proposed thresholds applicable for residential and commercial sources. Therefore, criteria for determining threshold levels for residential and commercial sources have yet to be defined. Under CARB’s Staff Proposal, recommended approaches for setting interim significant thresholds for GHG under CEQA are underway. CARB staff proposes to define certain performance standards (e.g., for energy efficiency) by referencing or compiling lists from existing local, state or national standards. For some sub-sources of GHG emissions (e.g., construction, transportation, waste), CARB staff has not identified reference standards. On December 5, 2008, SCAQMD adopted a GHG significance threshold for Stationary Sources, Rules and Plans where the SCAQMD is lead agency 8. The SCAQMD’s draft GHG Significance Threshold establishes a 5-tier threshold flowchart, with Tier 3 being annual emission screening thresholds. For industrial stationary source projects the SCAQMD adopted a screening threshold of 10,000 MT CO2e/year. This threshold was selected to capture 90% of the GHG emissions from these types of projects where the combustion of natural gas is the primary source of GHG emissions. SCAQMD concluded that projects with emissions less than the screening threshold would not result in a significant cumulative impact. While not adopted by SCAQMD Board, the Draft Guidance Document suggests a screening threshold for residential and commercial projects of 3,000 MT CO2e/year. However, this screening threshold was not adopted. At the most recent SCAQMD GHG working group meeting (November, 2009), SCAQMD staff presented two recommended options for screening thresholds for residential and commercial projects. The first option would have different thresholds for specific land uses, which were suggested to be 3,500 MT CO2e/year for residential projects, 1,400 MT CO2e/year for commercial projects, and 3,000 MT CO2e/year for mixed-use projects. 8 South Coast Air Quality Management District. Draft Guidance Document – Interim CEQA Greenhouse Gas (GHG) Significance Threshold. December 5, 2008. D-63 33 The second option would apply the 3,000 MT CO2EQ/year screening threshold for all commercial/residential projects. Lead agencies would be able to select either option. These thresholds are based on capturing 90% of the emissions from projects and requiring them to comply with the higher tiers of the threshold (i.e., performance requirements or GHG reductions outside of the project). Again, none of the SCAQMD’s screening thresholds, other than the industrial stationary source threshold, have been adopted. Tier 4 in SCAQMD’s Draft Guidance Document suggests three options for projects that exceed the screening thresholds, although the specifics of Tier 4 have not been adopted. Under the first option, the project would be excluded if design features and/or mitigation measures resulted in a certain percent lower emissions than business as usual. The Draft Guidance Document suggests a 30% reduction, however subsequent a SCAQMD staff report suggests a 23.9% reduction to correspond to the land use component of CARB’s AB 32 Scoping Plan. Under the second option the project would be excluded if it had early compliance with AB 32 through early implementation of CARB’s Scoping Plan measures. Under the third option, the project would be excluded if it met sector based performance standards, which are yet to be adopted. Tier 5 would exclude projects that implement offsite mitigation (GHG reduction projects) or purchase offsets to reduce GHG emission impacts to less than the proposed screening level, which again is yet to be adopted. Given the small amount of GHG emissions that the proposed project would generate – 426.72 MT/year – which is well below any of the screening thresholds suggested by either CARB or SCAQMD, the proposed project would not cause a significant adverse climate change impact and the proposed project’s contribution to global climate change is not considerable. VI NOISE Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of code requirements (Chapter 8.32)?     Explanation of Checklist Judgments: VI(a). Less Than Significant Impact. It is not anticipated that the project would result in long-term noise impacts on the adjacent uses surrounding the project, since the proposed project is a commercial building that is similar in nature to other commercial uses in the area. The project site is bounded on all sides by existing City streets and does not share a common boundary with another property. The closest sensitive receptors to the site are the residences to the north, which are approximately 250 feet from the site. The only types of noises to be generated by the use would be miscellaneous “nuisance noises” such as the sounds of automobiles entering and leaving the site, the slam of car doors and infrequent automobile alarms. Such noises are not expected to change the noise environment at the residences to the north. D-64 34 The City's General Plan has established standards for noise and land use compatibility for the various land use categories in the City. The established levels are based on existing noise levels obtained through field monitoring, projected noise levels, and community expectations to maintain an environment that is free from all unnecessary, excessive and annoying noise. Table IV-1 indicates the maximum noise level when measured at the property line for each category of land use. The maximum daytime noise level applicable to the project site is 65 dBA while the maximum night- time noise level is 55 dBA. Table IV-1 indicates the applicable noise standards for three major land use categories in the City. These standards apply to all receptor properties within a designated noise zone, which includes Zones I, II and M. The project site is subject to the requirements of Zone II. Table IV-1 Exterior Noise Standards Noise Zone/Land Use Time Interval Exterior Noise Level (dBA) Zone I/Residential and Agriculture 7:00 A.M. -10:00 P.M. 55 10:00 P.M. - 7:00 A.M. 45 Zone II/Commercial 7:00 A.M. -10:00 P.M. 65 10:00 P.M. - 7:00 A.M. 55 Zone III/Industrial-Quarry Operations* 7:00 A.M. -10:00 P.M. 75 10:00 P.M. - 7:00 A.M. 45 Source: City of Rolling Hills Estates Municipal Code A commercial use such as a bank branch building and drive-thru ATM is not considered a sensitive use. Furthermore, the proposed bank building and drive-thru is not located in a noise sensitive area. It’s proposed to be located along a busy commercial corridor in the City. As noted above, the project site is located within Noise Zone II, which requires an ambient noise level of 65 dBA and 55 dBA during the daytime and evening hours, respectively. Given the low level of ambient noise on the project site, the proposed project is consistent with the above referenced policy, and no significant impacts would occur with implementation of the proposed project. Construction noise associated with heavy equipment vehicles, building activities and transport of materials and debris may result in short term increases in noise levels to nearby commercial properties, which include a professional office building located to the east across Beechgate Drive, commercial properties to the northwest, and commercial retail uses located to the south across Silver Spur Road. Other uses that could be potentially disturbed during construction include the residential dwelling units located to the north and northeast of the project site. The single-family residential uses to the north, however, are separated from the project site by Silver Spur Road and a vegetated slope. The closest residential uses to the site (the single- family residences located upslope from the project site) are approximately 250 feet from the project site and would be largely shielded from construction noise. Additionally, project construction noise would be masked by traffic noise on Silver D-65 35 Spur Road and noise would be buffered from the surrounding uses due to their distance from the site. Furthermore, noise during construction would be required to comply with City’s noise ordinance. Per Section 8.32.210 of the Rolling Hills Estates Municipal Code, construction activities (using any power equipment) are only allowed between 7:00 a.m. and 5:00 p.m. on Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday. Construction activities are not allowed at any time on Sundays and holidays. Given the short-term nature of the project’s construction noise, existing City noise ordinance requirements, and the distance to residences, short-term noise impacts would be less than significant. VII BIOLOGICAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Be a project, other than a minor lot improvement undertaken by an individual homeowner, and be located in a high ecological sensitivity area as defined by the General Plan and not preserve ecological habitat that is found at the project site in accordance with the guidelines established by the General Plan Conservation Element.     b) Conflict with General Plan policies for protecting biological resources.     c) Result in the loss of any (i) Environmentally Sensitive Area as defined by the City of Rolling Hills Estates, (ii) natural undeveloped canyon or (iii) hillside area.     d) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service.     e) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game, U.S. Army Corps of Engineers and/or U.S. Fish and Wildlife Service.     f) Have a substantial adverse effect on wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.     g) Interfere substantially with (i) the movement of any native resident or (ii) migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or (iii) impede the use of native wildlife nursery sites.     h) Have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal.     i) Have biological resource impacts that are individually limited, but cumulatively considerable.     D-66 36 Explanation of Checklist Judgments: VII(a-i) No Impact – The project site is vacant but highly disturbed due to past human activity. According to available historical sources, the property was developed with an ARCO-branded service station from 1968 to 2003. In 2003 the service station was demolished and the property was graded. The project site has been a vacant, graded lot since 2003. Currently, vegetation onsite is limited to various weeds, grasses, and wild perennial lupine (Lupinus perennis) which cover the vacant site. The most distinctive vegetation still remaining on the site is a row of approximately 25 Italian Cypress trees (Cupressus sempervirens) located at the northeast corner of the vacant site (See Figure 7). The trees are proposed to be removed with site development. Otherwise, no distinctive natural vegetative communities exists onsite. In addition, the site contains no natural physical features or otherwise significant topographical features that provide biological resource value. As such, the project will not result in a loss of an environmentally sensitive area, a natural undeveloped canyon or a hillside. The project site is not located within an Ecological Overlay zone identified on Exhibit 5-1 of the City’s General Plan. Therefore, the proposed bank building would cause no impacts related to the City’s Ecological Overlay zone. Furthermore, the project would not conflict with any General Plan policies for protecting biological resources, as none exist onsite. No change in zoning would occur as a result of this project. No sensitive, threatened or endangered species are present on the project site. Also, there is no sensitive habitat, riparian habitat, or wetlands on the project site. Given the highly disturbed nature of the project site, the proposed project would not interfere substantially with the movement of any native resident, bird or fish species, impede the use of native wildlife nursery sites or impact any plant species. There are no biological resources on the project site. Therefore, the project would not cause any biological resource impacts and would not considerably contribute to any significant cumulative biological resource impacts. VIII CULTURAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Be located in high cultural sensitivity area as defined by the Rolling Hills Estates General Plan and will result in grading in excess of 20 cubic yards of soil.     b) Cause a substantial adverse change in the significance of a historical or archeological resource as defined in § 15064.5 of the California Code of Regulations.     c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.     D-67 37 d) Disturb any human remains, including those interred outside of formal cemeteries?     Explanation of Checklist Judgments: VIII(a-b). Less than Significant – The project site lies within an area of “Low Sensitivity” for cultural resources, as shown on Exhibit 5-3 of the Rolling Hills Estates General Plan. The General Plan (pg. 5-23) states, “Low sensitivity areas within the Peninsula planning area include those lands which have been surveyed with the express purpose of identifying cultural resource sites but which provided negative results. Low sensitivity areas also include land where development or grading has resulted in the movement or relocation of massive amounts of earth.” The site lies within an overall area that is not a particularly sensitive area for cultural resources. In addition, the entire site has been previously graded for the gasoline service station that previously occupied the site. As such, any archaeological resources that may have existed onsite have likely been eradicated from the site. Furthermore, the proposed bank building project requires only minimal grading. No subterranean basements or parking decks are proposed, and the proposed bank building and drive-thru ATM would be located on portions of the site that have been previously graded and improved. Therefore, due to the area’s low sensitivity for cultural resources, archeological monitoring during construction is not required and impacts to archaeological resources would be less than significant. In regards to historical resources, the Los Angeles County Historical Directory does not record any historic sites within the vicinity of the site of the proposed project. The project site is vacant and there are no existing structures on-site that would be considered architecturally or historically significant by the City or any other group. As a result, the proposed project would not result in any impacts on historical resources. VIII(c). No Impact – There are no known paleontological resources or unique geologic features on this vacant commercially-zoned site. Furthermore, the proposed improvements would be constructed in an area that has previously been developed, and the minimal grading that would be required would occur in surficial soils that have previously been disturbed. No grading into deep earth materials that could contain paleontological resources would occur. Similarly, no unique geological features exist onsite and no landform modification is proposed. Therefore, the proposed project would have no impact on paleontological resources or unique geologic features. VIII(d). Less than Significant Impact – There are no known human remains on the site. The project site is not part of a formal cemetery and is not known to have been used for disposal of historic or prehistoric human remains. Thus, human remains are not expected to be encountered during construction of the proposed project. In the unlikely event that human remains are encountered during project construction, State Health and Safety Code Section 7050.5 requires the project to halt until the County Coroner has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Compliance with these regulations would ensure the proposed project would not result in significant impacts due to disturbing human remains. D-68 38 IX GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Involve modifications on slopes greater than 2:1?     b) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42?     ii) Strong seismic ground shaking?     iii) Seismic-related ground failure, including liquefaction?     iv) Landslides?     v) Result in substantial soil erosion or the loss of topsoil?     c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or offsite landslide, lateral spreading, subsidence, liquefaction or collapse?     d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or property?     e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?     Explanation of Checklist Judgments: IX(a) Less than Significant Impact –The site slopes generally downward in a southerly direction towards Silver Spur Road. No slopes greater than 2:1 exist on the site, and no landform modifications or other substantial grading is required or proposed for the project. Therefore, while the site includes a slight slope, the project’s related impacts are less than significant. IX(b[i-ii]). Less than Significant Impact with Mitigation - The potential for fault rupture is addressed at the state level by the Alquist-Priolo Earthquake Fault Zoning Act. The legislature’s intent was to provide a statewide seismic hazards mapping and technical advisory program to assist cities and counties in fulfilling their responsibilities for protecting the public health and safety from the effects of strong ground shaking, liquefaction, landslides, ground failure, and other seismic hazards caused by earthquakes. The project site is not located within a currently mapped California Earthquake Special Studies Fault Zone (Uniform Building Code, 1997) or an Alquist-Priolo Fault Rupture Zone. The site is also not within a Fault Caution Zone or Hazards Management Overlay as shown on Exhibit 8-1 of the Safety Element of the Rolling D-69 39 Hills Estates General Plan. The closest such fault zone to the project site is the Palos Verdes Fault zone, located approximately 2.5 miles to the northeast. In addition, Exhibit 8-4 of the Safety Element of the Rolling Hills Estates General Plan shows the Cabrillo Fault to exist in the vicinity of the site. A Geotechnical Investigation and corresponding Addendum were prepared for the project by Stantec Consulting Services Inc. (Stantec)9, which are included in Appendix C of this Initial Study. Based on Stantec’s investigation, neither the 1997 Uniform Building Code (UBC) nor the 2008 United States Geologic Survey (USGS) National Seismic Hazard Maps recognize the Cabrillo Fault as an ‘active fault’; and the USGS characterizes the Cabrillo Fault as a Late Quaternary fault with an age less than 130,000 years, whereas active faults are those that have been active within the Holocene Epoch (within the last 11,000 years). Based on the above information, Stantec concludes, “there is a low potential for surface fault rupture from the Cabrillo and Palos Verdes Faults and other nearby active faults propagating to the surface of the site during the design life of the proposed development.” However, ground motion and related hazards resulting from earthquakes along any of the known faults in the area, including the Palos Verdes Fault, may result in significant seismic related hazards. Because of the sites’ exposure to ground shaking, the following mitigation measure is recommended: Mitigation Measure GEO-1: Prior to the issuance of building permits, the City of Rolling Hills Estates Building Official (or designee) and the City of Rolling Hills Estates City Engineer (or designee) shall review and approve final design plans for the project site to ensure that earthquake-resistant design has been incorporated into final site drawings in accordance with the most current California Building Code, the recommended seismic design parameters of the Structural Engineers Association of California, and the project’s Geotechnical Investigation Report (Stantec, 2011) and corresponding Addendum 01 (Stantec, 2012). Ultimate site seismic design acceleration shall be determined by the project structural engineer during the project design phase. IX(b[iii-iv] and-c). Less than Significant Impact - The site is not located within a current, mapped California Liquefaction Hazard Zone. However, as part of the Geotechnical Investigation Report, Stantec conducted a liquefaction evaluation for the site under the guidance of Special Publication 117: Guidelines for Evaluating and Mitigating Seismic Hazards in California,” published by the California Department of Conservation, Division of Mines and Geology, dated 1997 and based on empirical procedures described in summarized by Martin and Lew et al. (1999). The in-situ characteristics of the subsurface soils were analyzed, and similarities and dissimilarities of the subsurface conditions were compared with those sites where the subsurface soils are known to have liquefied.10 9 Geotechnical Investigation Report, Stantec Consulting Corporation, Proposed Chase Bank, 828 Silver Spur Road, Palos Verdes, California 90274, September 11, 2011; and Geotechnical Investigation Addendum 01, Proposed Chase Bank, 828 Silver Spur Road, Palos Verdes, California, March 5, 2012. 10 Ibid, Page 10 D-70 40 Because the data indicated conditions at the project site may be susceptible to seismically induced liquefaction, Stantec conducted a Quantitative Evaluation of Liquefaction Resistance study on soil layers in the upper 40 feet bgs (below ground surface) of the site. Based on the results of this study, Stantec concluded that the susceptibility of subsurface soils onsite to liquefaction is low.11 Seismically induced lateral spreading involves primarily lateral movement of earth materials due to ground shaking. The topography at the project site and in the immediate vicinity is relatively flat. Groundwater is not present beneath the site. However, perched water zones have been encountered onsite from depths ranging between 20 and 30 feet bgs. Under these circumstances, with groundwater between 20 and 30 feet below ground surface (bgs), the potential for lateral spreading is considered low. IX(b[v]). Less than Significant Impact – The construction of the proposed project would involve limited grading operations associated with the preparation of the site. These operations are not anticipated to leave soils uncovered or exposed for long periods and would not result in a significant Ioss of top soils or erosion. W ith the application of standard construction practices and regulatory requirements, soil erosion and loss of topsoil is not a concern for the site. Erosion from storm water runoff is controlled by the National Pollutant Discharge Elimination System (NPDES), which requires sedimentation and erosion controls to be implemented. Wind erosion during construction is controlled by SCQAMD Rule 403, which requires fugitive dust to be reduced with the application of best available control technologies. IX(d). Less than Significant Impact with Mitigation – Based on the sites Geotechnical Investigation Report (Stantec, 2011), the near-surface soils encountered in the proposed building area are predominantly clay with variable amounts of sand. T ests conducted by Stantec confirmed that subsurface soils exhibit high expansion potential. In addition, soils tests conducted by Stantec determined that near soils are expected by have a very corrosion potential for steel.12 As a consequence of the foregoing, the following mitigation measures are recommended: Mitigation Measure GEO-2: Prior to issuance of building permits, building plans shall be reviewed for compliance with the recommendations included in the Geotechnical Investigation Report prepared by Stantec Consulting Corporation, September 11, 2011. This includes all recommendations pertaining to building foundation design, foundation construction, installation of post tensioned slabs, pavement design, subgrade and aggregate base specifications, site grading, and removal of undocumented fill and replacement with non-expansive import fill. Mitigation Measure GEO-3: A Project Soils Engineer and/or their authorized representatives shall be present during project construction to provide a source of advice to the project applicant regarding the geotechnical aspects of the project and to observe and test the earthwork conducted on the site. IX(e). No Impact – No septic tanks or alternative wastewater disposal systems are 11Ibid, Page 12 12 Ibid, Page 13 D-71 41 proposed as part of the implementation of the proposed development. Sewer connections will be made to existing lines in the surrounding streets. As a result, no impacts will occur with regard to sewers or alternative wastewater disposal systems. X HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Be located in the Hazard Management Overlay Zone.     b) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?     c) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?     d) Emit hazardous emissions or handle petroleum, or petroleum byproducts, or hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school?     e) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?     f) Be located (i) within an area covered by an airport land use plan or, where such a plan has not been adopted, (ii) within two miles of a public airport or public use airport, and (iii) will result in a safety hazard for people working in the project area.     g) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?     h) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?     i) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?     Explanation of Checklist Judgments: X(a) Less than Significant Impact with Mitigation – As depicted on Exhibit 8-1 of the City’s General Plan, the project site is shown to be in a Fault Caution Zone within the City’s Hazards Management Overlay Zone. However, in response to IX (b-c), above, a mitigation measure (Mitigation Measure GEO-1) has been included that requires that earthquake-resistant design be incorporated into final site drawings for the project in accordance with the most current California Building Code and the recommended seismic design parameters of the Structural Engineers Association of California. Therefore, after mitigation, the proposed project would not result in any significant impacts related to the City’s Hazard Management Overlay Zone. X(b). Less Than Significant Impact - The proposed project involves the construction of a bank building and drive-thru ATM. This use does not involve the use, storage, D-72 42 disposal or distribution of large quantities of materials that may be considered hazardous. Therefore, the proposed project would not result in a significant impact related to the routine transport, use, or disposal of hazardous materials. X(c-e). Less Than Significant Impact with Mitigation - From as early as 1947, the project site was utilized for agricultural purposes. Agricultural use continued through the 1950s until 1969, when it was first developed as a gasoline services station. The site remained a service station (Peninsula Auto Service/ARCO) until it was demolished in 2003. Currently, the site exists as an undeveloped dirt lot with a small concrete enclosure and a planter area containing trees along the northern perimeter of the project site. For approximately 34 years, normal daily operations at the site involved the use of petroleum products and a small amount of hazardous materials. Phase I Environmental Site Assessment A Phase I Environmental Site Assessment (ESA) was prepared for the site by Partner Engineering and Science, Inc, as dated May 23, 2011 and contained in Appendix D of this Initial Study. Based on this Phase I ESA, historically, there have been two releases of petroleum products at the project site resulting in soil and groundwater contamination. Site contaminants include total petroleum hydrocarbons — gasoline range (TPHg), aromatic compounds (benzene, toluene, ethylbenzene, xylenes), methyl tert-butyl ether (MTBE), and tert-butyl alcohol (TBA). According to the environmental agency database search contained within the project’s Phase I Environmental Site Assessment, the site is listed under two databases, indicating a release into the environment.13 These databases include Cortese and Leaking Underground Storage Tank (LUST). In addition, a total of 11 monitoring wells have been installed on the property for ongoing groundwater quarterly monitoring and sampling activities. According to the Phase I ESA report, all previous infrastructure associated with the ARCO service station, including buildings, gasoline dispenser islands, underground storage tanks (USTs), and associated product piping, was removed in 2003. Also, excavations occurring on site between the years of 2003 and 2006 removed impacted soil and groundwater. Such excavations have been backfilled. A number of subsurface investigations and soil sampling activities have taken place on the project site in the intervening years since the ARCO station was demolished. Additional activities on the property included the removal of groundwater monitoring wells and remedial excavations being performed. Nevertheless, the current LUST case for the property is not acceptable for closure because the full extent of contamination is not known, the groundwater contamination plume is not stable or decreasing, fuel constituents above maximum containments levels in groundwater is present, and municipal water wells are potentially impacted. Based on this and other factors, Partner Engineering and Science, Inc. recommended the preparation of a Phase II subsurface investigation of the site. 13 Phase I Environmental Site Assessment Report, Silver Spur & Beechgate, 828 Silver Spur Road, Rolling Hills Estates, California 90274, Partner Engineering and Science, Inc, May 23, 2011. D-73 43 Phase II Subsurface Investigation Partner Engineering and Science, Inc. prepared a Phase II Subsurface Investigation Report for the property, as dated July 20, 2011 and contained in Appendix D of this Initial Study.14 The results of the Phase II subsurface investigations indicate that elevated residual petroleum hydrocarbon impacts remain on-site. Various petroleum VOC’s (Volatile Organic Compounds), including BTEX and/or MTBE, were detected in 6 of the 21 analyzed soil samples conducted as part of the Phase II investigations. Additionally, TPH-g15 was detected in three analyzed soil samples, TPH-d was detected in seven analyzed soil samples, and TPH-o was detected in four analyzes soil samples. As a consequence of these investigations, the Mitigation Measures HAZ-1, HAZ-2, and HAZ-3 are recommended based on the Phase I and Phase II reports. With the implementation of these measures, the proposed project would not result in significant impacts related to hazardous materials. Mitigation Measure HAZ-1: The project applicant(s) shall continue groundwater monitoring and remedial activities at the subject property as directed by the Los Angeles Regional Water Quality Control Board (RWQCB) until regulatory case closure is issued for the active LUST case. Mitigation Measure HAZ-2: To the satisfaction of the City of Rolling Hills Estates, prior to redevelopment of the site and/or subsurface excavation, the project applicant(s) shall implement a soils management plan during future site grading and/or other redevelopment activities involving soil disturbance to ensure proper handling and/or disposal of any contaminated soil and groundwater that may be encountered. Mitigation Measure HAZ-3: Prior to the issuance of building permits, the City of Rolling Hills Estates Building Official (or designee) and the City of Rolling Hills Estates Engineer (or designee) shall review and approve final design plans for the project site to ensure that any potential vapor intrusion concerns have been adequately addressed. X(f-g) No Impact - The City is located approximately 3 miles southwest of Torrance Municipal Airport. The Los Angeles International Airport (LAX) is located approximately 15 miles to the northwest. The project site is not located within a designated aircraft crash zone, nor would it involve any improvements that would otherwise affect airport operations. As a result, the proposed project would not present a safety hazard related to aircraft or airport operations. X(h) Less Than Significant Impact – According to the City’s General Plan, Public Safety Element, Hawthorne Boulevard, Crenshaw Boulevard, and Palos Verdes Drive East are the designated emergency evacuation routes in the City. Los Angeles County Public Works has prioritized these routes for debris clearance and road repairs in the event they are damaged during a major earthquake or other natural disaster. In addition, Indian Peak Road, Palos Verdes Drive North, and Silver Spur 14 Phase II Subsurface Investigation Report, Silver Spur & Beechgate, 828 Silver Spur Road, Rolling Hills Estates, California 90274, Partner Engineering and Science, Inc, July 20, 2011. 15 Total Petroleum Hydrocarbons D-74 44 Road are disaster routes proposed to augment County routes for City-specific emergency planning purposes. The project provides adequate street access, and project operations would not interfere with an emergency response plan or emergency evacuation plan. Also, the project site plan is subject to review and approval by the Fire Department in order to ensure adequate provision of fire hydrants and access. This step in the permitting process ensures adequate emergency response and access. X(i) Less Than Significant Impact – The stringent Building Code requirements associated with the State’s “Very High Fire Hazard Severity Zone” apply to all properties in the City. The project is required to comply with all pertinent fire code and ordinance requirements for construction, access, water mains, fire hydrants, and fire flows. Specific fire code requirements would be addressed during the building fire plan check. Compliance with the fire code and ordinance requirements would reduce the risks to a less than significant level. XI HYDROLOGY AND WATER QUALITY Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Violate any water quality standards or waste discharge requirements?     b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?     c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or offsite?     d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite?     e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff.     f) Otherwise substantially degrade water quality?     g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?     h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows?     i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?     j) Be subject to inundation by seiche, tsunami, or mudflow?     D-75 45 Explanation of Checklist Judgments: XI(a, c, f) Less than Significant Impact with Mitigation - Section 402 of the Federal Clean Water Act requires National Pollutant Discharge Elimination System (NPDES) permits for storm water discharges from storm drain systems 16 to waters of the United States. The City of Rolling Hills Estates is a co-permittee in the Los Angeles County storm drain system permit or “municipal permit” (Order No. 01-182; NPDES No. CAS0041 as amended by Orders R4-2006-0074 and R4-2007-0042). As special provision, the Los Angeles County Municipal Permit requires permittees to maintain and implement a Standard Urban Storm Water Mitigation Plan ("SUSMP"). Development and redevelopment activities that are deemed “priority” projects (based on the type and scale of the project) are further required to develop and implement project-specific SUSMPs or Urban Storm Water Mitigation Plans (USWMPs) that identify the specific design features and best management practices (BMPs) that will be implemented for the project and are applicable to the project. Construction of the proposed project would be subject to the requirements of the Municipal NPDES Permit (implemented through the SUSMP) and the City’s Municipal Code. Both the Municipal Code and the SUSMP require application of erosion and sedimentation control BMPs during construction for proper water quality management. Erosion control BMPs are designed to prevent erosion, whereas sediment controls are designed to trap sediment once it has been mobilized. BMPs will be specifically identified in the project-specific Wet Weather Erosion Control Plan (WWECP) and designed to prevent erosion and construction pollutants from entering the City’s storm drain and receiving waters. By requiring implementation of a WWECP and implementation of BMPs during construction activities, the City is ensuring that these activities would not violate standards or degrade water quality. As part of its normal project approval and construction oversight activities, the City of Rolling Hills Estates monitors compliance with these requirements. The Los Angeles County Municipal Permit also requires that Storm Water Pollution Prevention Plans (SWPPPs) be prepared for all construction projects with disturbed areas of 1 acre or greater. The statewide NPDES construction permit maintained by the State Water Resources Control Board (SWRCB) also requires a SWPPP for construction projects that involve one or more acres of land disturbance. The SWPPP is required to outline the BMPs that will be incorporated during construction. These BMPs will minimize construction-induced water pollutants by controlling erosion and sediment, establishing waste handling/disposal requirements, and providing non-storm water management procedures. In addition to Section 402, Section 303 of the Clean Water Act requires states to designate uses for all bodies within state boundaries (intrastate waters) and to establish water quality criteria for those water bodies. Those water bodies that do not satisfy the water quality criteria for their designated uses are identified as 16 Storm drainage systems are described as Municipal Separate Storm Sewer Systems (MS4s) and include streets, gutters, conduits, natural or artificial drains, channels and water courses or other facilities that are owned, operated, maintained or controlled by an Permittee and used for purposes of collecting, storing, transporting, or disposing of storm water. D-76 46 impaired. In order to improve the quality of impaired water bodies and thus achieve the water quality criteria, the U.S. Environmental Protection Agency (EPA) requires states to establish Total Maximum Daily Load (TMDL) standards that apply to tributary sources for impaired water bodies. The storm drain system that serves the project site drains into the Wilmington Drain that discharges into Machado Lake.17 The storm drain system that serves the project site and the majority of the City of Rolling Hills Estates drains into Machado Lake, which is identified as an impaired water body. TMDLs have been adopted for Machado Lake for nutrients and trash, and additional TMDLs for toxics and metals are currently under review. Both construction and operation activities associated with the project could generate additional water pollutants that could adversely affect storm water quality and the water quality in downstream Machado Lake. Construction-related activities can release sediments from exposed soils into local storm drains. In addition, construction waste materials such as chemicals, liquid products, and petroleum products may make their way into local storm drains. However, as indicated above and required by Mitigation Measures HYD-1, the project would be subject to the requirements of the Municipal NPDES Permit and the City’s Municipal Code. Pursuant to these requirements, Best Management Practices (BMP’s) would be instituted to effectively offset these potential sources of water pollution. Operationally, storm water or urban runoff from the developed project site could collect sediment, trash, metals, and oils as it flows through the proposed parking lot and other site surfaces. These potential post-construction pollutants would be addressed through Treatment Control BMPs that would be incorporated into the final site design of the project, as required by Mitigation Measures HYD-1 and HYD-2. These BMPs would be implemented to treat runoff from the proposed project, including roof runoff. In most locations, storm water from the roof of the building would be collected in rain gutters and discharged to the pervious planted areas surrounding the building, where it would be allowed to infiltrate. Overflow drains would be placed within the pervious areas to collect excess storm water and discharge it into street gutters via curb drain outlets. In addition to surface water quality concerns, past uses of this property have caused the potential for contaminated groundwater to be encountered during grading. Grading for the proposed project would be limited to creating a level pad for the proposed bank building, drive-thru ATM, and paved parking areas. Excavation for underground parking or other facilities is not proposed, and the depth to groundwater is expected to be at least 20 feet. Thus, dewatering is not expected to be required during construction. Regardless, Mitigation Measure HYD-4 is included to ensure that construction of the project does not result in improper discharge of contaminated groundwater (e.g., into the storm drain system). In summary, with the incorporation of Mitigation Measures HYD-1 through HYD-4, the proposed project would not result in significant impacts related to a violation of water quality standards or waste discharge requirements, erosion or siltation, or any other degradation of water quality. 17 Silverdes Medical Office Condominium Project Draft EIR, Section 4.6, Hydrology and Water Quality, Page 4.6-3, September 2008. D-77 47 Mitigation Measure HYD-1: Prior to issuance of a grading permit, the City Building Official shall ensure that construction plans for the project include features meeting the applicable construction activity best management practices (BMPs) and erosion and sediment control BMPs published in the California Stormwater BMP Handbook—Construction Activity or equivalent. If construction activities occur between October 1 and April 15, the project applicant shall prepare and submit a Wet Weather Erosion Control Plan (WWECP) to the City Building Official at least 30 days prior to commencement of construction activities. Mitigation Measure HYD-2: As required by Municipal Code 8.38.105, prior to issuance of a building permit, the project applicant shall submit a Storm Water Mitigation Plan to the City Building Official for review and approval. The Storm Water Mitigation Plan shall identify the Best Management Practices (BMPs) to be implemented during project operation. The project Storm W ater Mitigation Plan must also demonstrate compliance with the pollutant-specific Total Maximum Daily Load waste load allocations in effect for the Machado Lake sub-watershed as well as the maximum extent practicable (MEP) standard for other pollutants of concern. Mitigation Measure HYD-3: Prior to issuance of a certification of occupancy, the project applicant shall provide the City Building Official with a Best Management Practices (BMP) maintenance plan, consistent with Standard Urban Stormwater Management Plan (SUSMP) requirements, for review and approval. Mitigation Measure HYD-4: Prior to commencement of grading activities, the applicant shall determine, and report to the Director of Public Works and the City Building Official, whether dewatering of groundwater will be necessary during project construction, whether the groundwater contains petroleum, and whether dewatering activities will require discharge to the storm drain system or surface waters. All appropriate Regional Water Quality Control Board (RWQCB) permits related to dewatering and documentation, and permit requirements that are included in the plans and specifications shall be submitted to the City Building Official prior to issuance of the first grading permit. If the groundwater is found to contain petroleum-related organic compounds, discharge of dewatered groundwater to the storm drain system or surface waters will require compliance with the Waste Discharge Requirements for Treated Groundwater and Other Wastewaters from Investigation and/or Cleanup of Petroleum Fuel-Contaminated Sites to Surface Water in Coastal Watersheds of Los Angeles and Ventura Counties (Order No. R4-2007-0021, NPDES No. CAG834001). XI(b). Less Than Significant Impact - The proposed project would not directly use any groundwater to serve the project site; therefore, no substantial depletion of groundwater resources is anticipated. In addition, although the proposed project would increase the amount of impermeable surface on the project site, it would not substantially impede percolation of storm water into the underlying substrate such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. XI(d-e) Less Than Significant Impact with Mitigation – Drainage onsite generally flows from north to south, following the site’s contours. Storm water leaving the site flows D-78 48 into a storm drain located along Silver Spur Road. The proposed project would not significantly alter this drainage pattern. However, the proposed project would increase the volume of storm water flowing from the project site because the proposed project would increase the amount of impermeable surfaces onsite. Anticipated storm water runoff is unlikely to cause flooding or exceed the capacity of the storm drain system. Nevertheless, the following mitigation measure is recommended: Mitigation Measure HYD-5: As required by Municipal Code 8.38.105, prior to issuance of a building permit, the project applicant shall submit a final drainage plan to the City Building Official for review and approval. The drainage plan shall include any on-site structures and/or modifications of existing drainage facilities necessary to accommodate increased runoff resulting from the proposed project and shall indicate project contributions to the regional storm water drainage system. The drainage plan shall show all structural BMPs consistent with the project storm water mitigation plan. XI(g-j) No Impact – According to the City’s General Plan there are no widespread 100-year flood problems within the City and thus no 100-year flood maps are available or required. The project would, therefore, not result in the placement of uses within a 100-year flood zone. The project site is not within the inundation area of any reservoir, level, or dam; and the project site is not within an area that would be subject to seiche or tsunami. XII AGRICULTURE RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?     b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?     c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use?     Explanation of Checklist Judgments: XII(a). No Impact – The project site is located in a developed area in the City of Rolling Hills Estates, which is an urbanized area of Los Angeles County. The proposed project site is not currently used for productive agricultural purposes. The project site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. D-79 49 XII(b). No Impact – No agricultural resources are identified in the City’s General Plan and no agricultural resources are present on the project site. The site is not subject to a Williamson Act contract and the site is not zoned for agricultural use. Given that (1) no change in use is proposed onsite; (2) the site is not currently used for productive agricultural purposes, and (3) the project would not conflict with a Williamson Act contract, impacts are less than significant. XII(c). No Impact – The project site is not currently used for agricultural purposes. Additionally, the proposed bank would not, in any way, hinder the operations of any existing agricultural practices since no agricultural practices exist onsite or in the adjacent surrounding areas. XIII MINERAL RESOURCES Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State?     b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?     Explanation of Checklist Judgments: XIII(a). No Impact – The proposed project is not located on any known bank of minerals. The site is outside of any of the Mineral Resource Zone boundaries identified by the City on Exhibit 5-4 of the Conservation Element of the General Plan. Therefore, the proposed project would have no impact on the availability of a known mineral resource that would be of value. XIII(b). No Impact – The proposed project is not anticipated to result in the loss of availability of any mineral resource that would be of future value. XIV POPULATION AND HOUSING Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?     b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?     c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?     D-80 50 Explanation of Checklist Judgments: XIV(a). No Impact – No new residential units are proposed as part of this project. The project consists of the construction of a new 1-story, 4,404-ft2, free-standing Chase Bank branch with a drive-thru ATM on a vacant lot. The proposed expansion would not induce population growth and would cause no related impacts. XVI(b-c). No Impact –The site is currently vacant and is not used for residential uses, and thus no displacement of housing or persons would result. XV PUBLIC SERVICES Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? a) Fire protection?     b) Police protection?     c) Schools?     d) Other public facilities?     Explanation of Checklist Judgments: XV(a). Less Than Significant Impact - The City of Rolling Hills Estates is within the jurisdiction of and is part of the Consolidated Fire Protection District of Los Angeles County, which provides fire protection and emergency medical services to the City and all unincorporated areas in Los Angeles County. Fire Station 106, located at 27413 Indian Peak Road in the City of Rolling Hills Estates, and Fire Station 56, located at 12 Crest Road West in the City of Rolling Hills, are the two closest fire stations to the project site. While these stations are the closest stations to the project site, it is the Fire Department as a whole that serves the project area. The City Rolling Hills Estates is in close proximity to the City of Rolling Hills’, City of Palos Verdes Estates’, and City of Lomita’s fire stations, which are available to provide additional resources in a major event. The Fire Department seeks to maintain a 5-minute response time. The Department has review and approval authority over building plans in subsequent phases of planning and design to ensure that Fire Department regulations and requirements are adhered to. The impacts on fire protection services are, therefore, anticipated to be less than significant. XV(b). Less Than Significant Impact - The City of Rolling Hills Estates contracts with the Los Angeles County Sheriff’s Department for police protection and law enforcement services. The main Sheriff’s station serving the City is located at 26123 Narbonne Avenue, Lomita, California. This station is located approximately 1.4 miles to the D-81 51 north of the site and employs 83 sworn officers at the station. The emergency response times average five minutes or less. The Sheriff’s Department’s service standards are a 6-minute emergency response time, a 20-minute immediate response call response time, and a 1-hour report call response time. The impacts on police protection services are expected to be less than significant, as the small scale of the project is anticipated to result in a negligible increase in demand for policing services. XV(c). No Impact – The project would not induce growth and would not generate additional students that would attend the schools in the area. XV(d). No Impact –The proposed project is the construction of a new 1-story, 4,404-ft2, free-standing Chase Bank branch with a drive-thru ATM on a vacant lot. This level of new development would not noticeably increase the demand for public services. XVI UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?     b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?     c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?     d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?     e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?     f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs?     g) Comply with federal, state, and local statutes and regulations related to solid waste?     Explanation of Checklist Judgments: XVI(a). Less Than Significant Impact – The proposed bank branch building and drive-thru ATM facility expansion would generate a nominal increase in standard domestic wastewater due to restrooms use. The region’s existing wastewater facilities are designed to treat domestic sewage and to accommodate the level of growth anticipated in local General Plans. The proposed project is consistent with the existing zoning and land use designations for the project site. Therefore, the proposed project would not generate wastewater in a manner that would exceed the wastewater treatment requirements of the Regional Water Quality Control Board. See also response XVI(b, d, e), below. D-82 52 XVI(b, d, e) Less Than Significant Impact – The project site is served by the California Water Service Company (CWSC), which purchases water from the Metropolitan Water District (MWD). MWD’s water sources are the State Water Project and the Colorado River. CWSC water is stored locally in the Palos Verdes Reservoir, which has a capacity of approximately 361,097,200 gallons. The average water consumption in the City is approximately 1.2 million gallons per day (mgd). The proposed project would not result in a need for new or substantial alterations to local or regional water treatment or distribution facilities, due to the limited amount of additional water required to serve the project. Wastewater generated by the project would be treated at the Joint Water Pollution Control Plant located in the City of Carson, which has a design capacity of 385 mgd and currently processes and average flow of 280.5 mgd. The project is not anticipated to result in a need for new or substantial alternations to the existing sewer system due to the limited amount of additional sewage that would generated by the project. Impacts are, thus, anticipated to be less than significant. XVI(c). Less Than Significant Impact – Existing storm drain facilities are anticipated to be adequate to accommodate project flows as discussed more fully under the Hydrology and Water Quality section of this Initial Study. XVI(f). Less Than Significant Impact – Refuse disposal and recycling services to the City and the project site are provided by a private entity, Waste Management, which contracts with the Sanitation Districts of Los Angeles County (SDLAC or Districts) for disposal of refuse. The SDLAC maintains multiple refuse disposal facilities, including three landfills, five gas-to-energy/refuse-to-energy facilities, two material recover facilities, and various recycling facilities and transfer stations. Refuse collected in Rolling Hills Estates is currently disposed of at the Puente Hills Landfill. According to the Sanitation District, “the Puente Hills Landfill has the capacity to provide environmentally sound disposal for the residents and businesses of Los Angeles County until the year 2013.” The landfill receives 12,000 tons of solid water per day. During construction a temporary increase in construction refuse may occur; however, it is not expected that this temporary increase will significantly increase the strain on the current system. The project would not result in a need for new or substantial alterations to the solid waste disposal system. Impacts to solid waste disposal are less than significant. XVI(g). Less Than Significant Impact – The project proponent is required to comply with all local, state, and federal requirements for integrated waste management (e.g., recycling, green waste) and solid waste disposal. D-83 53 XVII MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Does the project: a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?     b) Have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)     c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?     Explanation of Checklist Judgments: XVII(a). No Impact – The proposed project is not anticipated to substantially affect fish or wildlife populations or to reduce the number or range of rare or endangered species. In addition, no locally, state or federally designated examples of major periods in California history or prehistory have been identified on the site or in the vicinity of the site. XVII(b). Less Than Significant Impact – The proposed project would not result in impacts that are cumulatively considerable. The project has the potential to contribute to cumulative air quality, hydrology, water quality, noise, public services, traffic, and utility impacts. However, none of these cumulative impacts are significant, except for cumulative air quality conditions (i.e., the South Coast Air Basin is a non-attainment basin), and the proposed project would not cause any cumulative impacts to become significant. Section V(a-c) of this document specifically analyzes the project’s contribution to cumulative air quality conditions. As identified in this section, the project’s contribution to both regional and local air quality conditions is not considerable. Therefore, the proposed project would not result in a mandatory finding of significance due to cumulative impact considerations. XVII(c). Less Than Significant Impact with Mitigation – Evidence of the potential for the project to adversely affect human beings has been identified and analyzed in Section X of this Initial Study. Both a Phase I Environmental Site Assessment (ESA) and Phase II Subsurface Investigations report have been prepared for the project. Because the project site is known to contain hazardous soils and contaminated groundwater resulting from a LUST (previously removed from the project site), a series of mitigation measures have been developed to address these issues. These include requiring groundwater monitoring and remedial activities be conducted at the property, development and implementation of a soils management plan, and review of building plans to ensure that potential vapor intrusion concerns have been addressed. Implementation of these mitigation measures will reduce impacts on human health caused by the project to less than significant levels. D-84 City comment letter on MND for Chase Bank Project D-85 CITYOF 10 April 2012 Niki Cutler,AICP,Principal Planner City of Rolling Hills Estates 4045 Palos Verdes Dr.N. Rolling Hills Estates,CA 90274 RANCHO PALOS VERDES CITY MANAGER'S OFFICE ADMII'iISTRATION VIA ELECTRONIC &U.S.MAIL SUBJECT:Comments in Response to the Notice of Intent to Adopt a Mitigated Negative Declaration for the Proposed Chase Bank Project at 828 Silver Spur Road (PA-30-11) Dear Ms.Cutler: The City of Rancho Palos Verdes appreciates the opportunity to comment upon the proposed Mitigated Negative Declaration (MND)for the above-mentioned project.We have reviewed the Initial Study (IS),and offer the following comments: 1.From the exterior elevations provided with the IS,it is not entirely clear if there is a flat-roofed area at the center of the building or not.If so,is there any roof- mounted mechanical equipment proposed?The discussion of Aesthetic impacts in the IS (Section III.d)states that "the proposed project would not include unscreened outdoor uses or equipment that are inconsistent with the urban character of this area of the City,"but it is not clear if this means that there is no roof-mounted equipment,or if there is such equipment but it has been found to be consistent with the urban character of surrounding properties.The City of Rancho Palos Verdes respectfully suggests that any roof-mounted mechanical equipment should be substantially screened from view from upslope residences in the City of Rancho Palos Verdes,which are located to the north of the subject property. 2.We recall that,during the previous public review of the development entitlements for the Silverdes medical office condominium project on this site,potential conflicts related to direct vehicular access from Beechgate Drive were an issue of concern to nearby Rancho Palos Verdes residents.As a result,the previously- approved project was designed to take access only from Silver Spur Road and "Little"Silver Spur Road.The discussion of TransportationfTraffic impacts in the IS (Sections IV.c and IV.f)notes that "[one]outbound lane is adequate for Beechgate Drive,which has relatively low traffic volumes,and vehicles wishing to 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391 /(310)544-5205/FAX (310)544-5291 WWWPI-\LOSVEROES.COM/RPV PRINTED ON RECYCLED PAPER D-86 Niki Cutler 10 April 2012 Page 2 turn right will not be waiting behind vehicles wanting to turn left and waiting for a break in heavy traffic";and that less-than-significant impacts are expected with respect to the creation of "one or more access points on a roadway that is not the primary frontage."It is our recollection that the past concern with the Beechgate Drive access point to this site was not so much the ease with which the drivers could exit the site onto Beechgate Drive,but the potential conflicts between vehicles turning left into the site from Beechgate Drive with those coming down the hill from the Peninsula Rim neighborhood and Soleado Elementary School. The current plan would introduce a third driveway access point-when combined with the two (2)existing driveways across the street serving 900 Silver Spur Road and 916 Silver Spur Road-on this short stretch of Beechgate Drive between Silver Spur Road and "Little"Silver Spur Road.The City of Rancho Palos Verdes respectfully suggests that the project proponent consider an alternate site circulation plan to would avoid creating a driveway access point at Beechgate Drive. Again,thank you for the opportunity to comment upon this important project.If you have any questions or need additional information,please feel free to contact me at (310)544-5226 orvia e-mail atkitf@rpv.com. Sincerely, K!Z Senior Administrative Analyst enclosures cc:Mayor Anthony Misetich and City Council Carolyn Lehr,City Manager Carolynn Petru.Deputy City Manager M:\Border Issues\Chase Bank Project\2012041 0_MNDComments.doc D-87 RHE Planning Commission agenda and Staff report for Chase Bank Project D-88 CITY OF ROLLING HILLS ESTATES 4045 Palos Verdes Drive North Rolling Hills Estates, CA 90274 Phone-(310) 377-1577  Fax-(310) 377-4468 www.RollingHillsEstatesCa.gov PLANNING COMMISSION AGENDA April 30, 2012, 7:30 pm Regular Meeting Reports and documents relating to each agenda item are on file available for public inspection on our website. 1. CALL MEETING TO ORDER. 2. SALUTE TO THE FLAG. 3. ROLL CALL. 4. APPROVAL OF MINUTES (4/16/12) 5. AUDIENCE ITEMS. 6. CONSENT CALENDAR. The following routine matters will be approved in a single motion with the unanimous consent of the Planning Commission. There will be no separate discussion of these items unless good cause is shown by a member of the Commission or the public expressed under audience items prior to the roll call vote. (Items removed will be considered under Business Items.) A. Waive reading in full of all resolutions that are presented for Planning Commission consideration on tonight’s agenda and all such resolutions shall be read by title only. 7. BUSINESS ITEMS. A. Quarterly Code Enforcement Report. (JM) B. PLANNING APPLICATION NO. 30-11; APPLICANT: Chase Bank; LOCATION: 828 Silver Spur Road. A Precise Plan of Design and Grading application for construction of a one- story free-standing building with a drive-thru ATM. (NC) C. PLANNING APPLICATION NO. 15-12; APPLICANT: Ms. Aria Shafee; LOCATION: 3 Moccasin Lane; A Neighborhood Compatibility Determination for construction of a new split-level home with a second dwelling unit and a Grading application to export approximately 940 cubic yards from the site. (KT) 8. PUBLIC HEARINGS. A. PLANNING APPLICATION NO. 13-12; APPLICANT: Mr. & Mrs. David Behenna; LOCATION: 21 Empty Saddle Road. A Neighborhood Compatibility Determination for single story additions to a single story home; and Variances to 1) exceed the forwardmost building line; 2) reduce the required front yard area by more than 10%; and 3) maintain a nonconforming rear yard setback. (KT) 9. COMMISSION ITEMS. 10. DIRECTOR’S ITEMS. D-89 Planning Commission Agenda April 30, 2012 2 11. MATTERS OF INFORMATION. A. Park and Activities Draft Minutes (4/17/12) B. City Council Actions (4/24/12) 12. ADJOURNMENT. Americans with Disabilities Act: In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at (310) 377-1577 at least 48 hours prior to the meeting. D-90 Staff Repor City of Rolling Hills Estat DATE:APRIL 30,2012 TO:PLANNING COMMISSION FROM:NIKI CUTLER,AICP,PRINCIPAL PLANNER SUBJECT:PLANNING APPLICATION NO.30-11 APPLICANT:CHASE BANK (MR.BOB SUPERNEAU) LOCATION:828 SILVER SPUR ROAD The following is a request to approve: 1.A Precise Plan of Design (PPD)to construct a one-story,4,404 square foot (sf)Chase Bank building with an ancillary drive-thru ATM in the Commercial General (C-G)Zone on a 28,750 square foot (0.66 acre)vacant parcel; 2.A Grading Plan for site grading and preparation;and 3.A Mitigated Negative Declaration under the California Environmental Quality Act (CEQA), finding that the project,with mitigation measures,will not have a significant impact on the environment. BACKGROUND Application Filed: Application Deemed Complete: Public Notices Mailed: Public Notices Posted: Public Notices Published: 9/30/2011 1/27/2012 3/28/2012 3/29/2012 3/29/2012 Approval of a Precise Plan of Design (PPD)is required under Sections 17.58.020 and 17.60.170(E)of the Municipal Code to provide for construction of the building and signage with a logo on the site.The purpose of the PPD is to ensure that the proposed site improvements on commercially-zoned properties do not result in any detrimental impacts to the surrounding community and to protect the public peace,health,safety,and welfare.PPD procedures are set forth in Chapter 17.58 of the Municipal Code. Approval of a Mitigated Negative Declaration is required under the California Environmental Quality Act (CEQA),finding that the project,with appropriate mitigation measures as stated in the Initial Study,will not have a significant impact on the environment. D-91 The subject property is .66 acres (28,750 square feet)in size and located at 828 Silver Spur Road.The site was formerly an Arco service station and is currently vacant.The "Silverdes" medical office condominium building and associated Environmental Impact Report were approved for the site in 2009,but the project was never built.The subject property is located in the southwestern portion of the City's main commercial area (Peninsula Center)on the northwest corner of Silver Spur Road and Beechgate Drive.The General Plan Land Use designation for the site is Commercial General,and the site is located in Planning Area Number 6. The following is a list of previous discretionary permits for the subject property: •PA-24-07-A Precise Plan of Design,Conditional Use Permit,Tentative Tract Map,Grading application and Variance application for construction of the 29,642 square foot "Silverdes" Medical Office condominium building. DISCUSSION Project Overview The applicant proposes to construct a new,4,404 square foot (sf),one-story Chase Bank building.The building would be placed in the southeasterly portion of the site near the corner of Silver Spur Road and Beechgate Drive.The sit~woui~.also ClccOi11modate surface parking spaces and an ATM machine canopy over two ATM machines placed on one-way drive aisles. Project plans are included separately with this report. The applicant has recently added a walk-up ATM proposed on the north elevation.While,this change is not reflected on the project plans attached separately,staff has included plans showing this change herein as Attachment 2. The building would be predominately contemporary Mediterranean in style with some arched windows,tinted and clear glass,vine trellises and a two-piece mission blend roof.Walls would be painted white with beige accents around tower elements and clay-colored accents for window trim and wood outlookers.The ATM canopy would be 455 sf in size,and roof materials would match those of the main building.Colored elevations are included with building plans, and a materials and color board will be available at the public hearing. The site would be accessed by a two-way drive aisle entering/exiting on Silver Spur Road and another on Beechgate Drive.In addition,the two ATM drive aisles would exit in a one-way direction on to Silver Spur Road in the westerly portion of the site.The City Traffic Engineer has reviewed the site plan and a traffic report prepared for the project and determined that ingress/egress for proposed driveways would not be expected to affect the adjacent streets. Further,the City Traffic Engineer has determined that the traffic report prepared for the project, as summarized in the Initial Study,is complete and satisfactory.The project is forecast to add 40 AM peak hour trips and 86 PM peak hour trips to the surrounding streets,and this level of trip generation is not expected to result in significant impacts to the roadway network. Section 17.30.050(F)of the Municipal Code limits buildings to 44'in height or three stories. Plans indicate that the maximum building height,including the architectural tower projection,will be 29'6"in height in conformance with Code requirements. Section 17.30.050(E)of the Municipal Code requires that lot coverage not exceed 45%.The proposed building footprint and ATM canopy total 4,859 sf,and the proposed lot coverage is approximately 17%,in conformance with Code requirements. 2 D-92 Section 17.30.050(L)of the Municipal Code requires that at least 20%of the total site be landscaped (including easements and excluding landscaping on rooftops),with at least 10%) provided in the parking lot area,and a substantial portion in the setback area.Plans indicate that 8,716 sf (30°.10)of the project site would be landscaped with areas incorporating a variety of trees,shrubs and ground cover throughout the site including within parking and setback areas. A condition of approval for the project will require that the specific landscape materials be reviewed by the Park and Activities Commission subsequent to project approval.This review will also ensure that the proposed landscape and irrigation plans conform with the City's Water Efficient Landscape Ordinance. Regarding setbacks,Section 17.30.050(0)of the Municipal Code requires a minimum of 5' between a building and a property line and an average of 15'between a building and the street. As proposed,the building would be set back 15'from Silver Spur Road and Beechgate Drive, and a minimum of 5'from the property line. Section 17.30.050(G)(9)of the Municipal Code indicates that the parking requirement in the C-G Zone for financial institutions is one space per 150 sf of gross leasable area (GLA).The project proposes 4,404 sf of GLA for a total parking requirement of 30 spaces.The project proposes 31 spaces in conformance with Code requirements including one loading space in the northeasterly portion of the site.A covered trash enclosure is also proposed north of the building in the easterly portion of the project site. The project Gradiily Apj5licati6il is iilClUded herein as Attachment 3.The application indicates that 3,000 cubic yards of earth material would be exported and that 500 cubic yards would be imported with project construction.The Grading Plan as attached separately to this report indicates that grading would primarily serve to create a level pad for building and parking lot construction and facilitate drainage from north to south for the site. A proposed sign package for the site is also included separately with this report.The plan proposes one internally-illuminated monument sign with "Chase"copy and corresponding octagon logo near Silver Spur Road west of the main building.The sign would be 12 sf in size (4'2-%"x 6'7")and double-sided.The sign base would be painted a dark nickel color,and the sign area behind the copy and logo would be painted a lighter nickel color.Sign letters and logo would be 9-5/8"in height."Chase"letters would be LED-illuminated white acrylic faces,and the octagon logo would be LED-illuminated with a blue acrylic face.A blue acrylic accent strip would separate the sign base from the copy portion of the sign on both faces. In addition,wall signs are proposed on the east and west elevations.The signs would be internally illuminated channel letter signs with "Chase"copy and the octagon logo.The Chase letters would be black vinyl on aluminum backing and 16"in height.The Chase logo is proposed to be blue acrylic with aluminum backing and 1'9"in height.The overall sign length is proposed to be 9'4-1/8".In addition,as shown on page 2 of the sign plan,several informational/directional signs are proposed.ATM "topper"signs with Chase copy and the octagon logo are also proposed on each ATM machine. In the C-G Zone,Section 17.60 (Signs)of the Municipal Code provides that one freestanding sign not to exceed one sf for each linear foot of street frontage up to a maximum of 30 sf and eight feet in height is permitted.The proposed monument sign,at 12 sf and 4'2-1/2"in height would comply with these requirements for the approximately 250'street frontage along Silver Spur Road.For wall signs,the Code permits one wall sign per street frontage not to exceed one square foot in sign area for each linear foot up to a maximum of 40 sf.The proposed signs, at approximately 14 sf,comply with these requirements for the approximately 115'Beechgate Drive and 324'"Little"Silver Spur frontages.Information/directional signs are permitted provided they do not exceed four square feet,and sign logos require review of the Planning 3 D-93 Commission via a Precise Plan of Design application.Staff has reviewed the sign plans and determined that they comply with Code requirements. Zoning Applicability Precise Plan of Design (PPD) A PPD is required for sign logos and the development of any structure in the commercial district. Chapter 17.58 of the Municipal Code indicates that the purpose of a PPD is to ensure that the following are designed and/or arranged so that traffic congestion is avoided,pedestrian and vehicular safety and welfare are provided,and no adverse effect on surrounding property will result: 1.Buildings,structures,and improvements; 2.Vehicular ingress,egress and internal circulation; 3.Setbacks; 4.Height of buildings; 5.Location of services; 6.Walls and fences; 7.Landscaping; 8.Lighting;and 9.Signing. Staff believes that Items 1 through 6 and 9 above have been adequately designed and/or arranged in the proposed project.Items 7 and 8 (Landscaping and Lighting)will be addressed through project conditions of a approval requiring review and approval of a project landscape pian by the Park &Activities Commission,and review and approval of a project lighting plan by the Planning Director. Initial Study and Mitigated NeQative Declaration (MND)pursuant to the California Environmental Quality Act (CEQA) The proposed development has been defined as a project under CEQA which requires completion of an Initial Study to determine if the project would have significant impacts on the environment.The City contracted with Willdan to perform the Initial Study.(The Initial Study was provided to the Planning Commission with the MND on March 29,2012).The Initial Study analyzes the project's potential impacts on the environment and include mitigation measures to address any potential impacts on the environment.Staff reviewed the Initial Study and determined that,with proper mitigation as specified in the Initial Study,the proposed project will not have a significant impact on the environment.Therefore,staff prepared a MND for Planning Commission consideration.A Mitigation Monitoring Program for the project is included with Resolution No.PA-30-11 (see Attachment 1). As required by CEQA,a public comment period for the Mitigated Negative Declaration commenced on March 29,2012 and ended on April 17,2012.A Notice of Intent to Adopt a Mitigated Negative Declaration was posted at the project site and published in the Peninsula News,and notices were provided to all affected properties within a 500'radius of the project, adjacent cities,Homeowner's Association Presidents,and other government agencies.The Notice provides a brief description of the project,the Planning Commission Public Hearing date/time/location,and how to obtain detailed information about the project including the Initial Study.The Notice,Initial Study,and Mitigated Negative Declaration were filed with the Los Angeles County Clerk on March 29,2012.A copy of the project plans,Initial Study,and Mitigated Negative Declaration have been made available at the public counter,on the City's website,and at the Peninsula Center Library. 4 D-94 Staff received two comment letters regarding the project during the public comment period from the City of Rancho Palos Verdes and the Sanitation District.The Response to Comments document is presented herein as Attachment 4. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No.PA-30-11 approving a Precise Plan of Design,Grading Application and Mitigated Negative Declaration for the construction of a 4,404 sf Chase Bank building and ancillary drive-thru ATM. EXHIBITS Attached 1.Planning Commission Resolution No.PA-30-11 2.Revised Project Plans Reflecting Walk-Up ATM 3.Grading Application 4.Response to Comments Separate 1.Project Architectural,Landscape and Grading Plans 2.Project Sign Plans pa30 ...11 pm 5 D-95 ATTACHMENT 1 D-96 PLANNING COMMISSION CITY OF ROLLING HILLS ESTATES LOS ANGELES COUNTY,CALIFORNIA RESOLUTION NO.PA-30-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS ESTATES,APPROVING A PRECISE PLAN OF DESIGN (PPD), A GRADING APPLICATION,AND A MITIGATED NEGATIVE DECLARATION (MND)FOR A SINGLE-STORY,4,404 SQUARE FOOT CHASE BANK BUILDING WITH ANCILLARY DRIVE- THRU ATM ON A 28,750 SQUARE FOOT (0.66 ACRE)VACANT PARCEL.APPLICANT: CHASE BANK (MR.BOB SUPERNEAU,STANTEC);LOCATION:828 SILVER SPUR ROAD. WHEREAS,Mr.Bob Superneau filed an application with the Planning Department requesting permission to construct a single-story,4,404 square foot Chase Bank building with ancillary drive-thru ATM on a 28,750 square foot (0.66 acre)vacant parcel;such an application as required by Chapters 17.30,17.60 and 17.58 of the Rolling Hills Estates Municipal Code;and WHEREAS,Section 17.30.020(B)and Section 17.60.170(E)of the Rolling Hills Estates Municipal Code requires approval of a PrE~cise Plan of Design for building construction in the Commercial General Zone and signs with a logo respectively;and WHEREAS,an Initial Study was prepared by the City pursuant to the requirements of the California Environmental Quality Act (CEQA)and it was found that the project would not have a significant impact on the environment with proper mitigation;thus,a Mitigated Negative Declaration was prepared;and WHEREAS,in accordance with Section 65033 of the Government Code,the public, abutting cities,affected agencies and districts were notified of the availability of the Initial Study and Mitigated Negative Declaration and were given an opportunity to review and comment;and WHEREAS,the Planning Department responded in writing to said comments in the Initial Study;and WHEREAS,UDon aivina the reauired notice the Planninq Commission conducted a Public Meeting forth;sUbje~t pr~ect~n the 30t~day of April,20'12,and ail interested parties were given full opportunity to be heard and to present evidence;and WHEREAS,as a result of studies and investigations made by the Planning Commission and on its behalf,revealed that the facts as set forth in the Initial Study and Mitigated Negative Declaration,and those discussed during the public meeting show the following: That with the granting of this Precise Plan of Design application,the development will comply with all provisions of the zoning ordinance (Section 17.58 of the Rolling Hills Estates Municipal Code)to mitigate project impacts. That with the granting of this Precise Plan of Design application,the development will be so designed and/or arranged that traffic congestion is avoided,pedestrian and vehicular safety and welfare are provided and no adverse effect on surrounding property will result. That with the granting of this Precise Plan of Design application,the development will comply with all the development standards of the City and would be consistent with the City's General Plan. That with the granting of this Precise Plan of Design application,the development within the Peninsula Center will be compatible with the goals of the Land Use Element of the General Plan. NOW,THEREFORE,the Planning Commission of the City of Rolling Hills Estates does hereby resolve as follows: SECTION 1.That the foregoing facts constitute conditions necessary to the granting of a Precise Plan of Design and Grading Application pursuant to Chapters 17.58 and 17.60 of the Rolling Hills Estates Municipal Code and a Mitigated Negative Declaration under CEQA for a single-story,4,404 square foot commercial/retail building with ground-level conventional parking on a 28,750 square foot (0.66 acre)vacant parcel.Therefore,the Planning Commission approves Resolution No.PA-30-11 April 30,2012 D-97 PA-30-11.Unless otherwise stated,these conditions must be met at all times by the applicant; otherwise,this approval becomes null and void. 1.That the development shall be located and constructed as shown on Exhibit A. 2.That all construction shall be in conformance with the approved plans.Any alterations or additions to the approved plans,or any changes to the exterior treatment including but not limited to exterior building materials or the size,shape,or location of windows or other openings,or changes to the size,location or amount of any hardscape shall be reviewed by the Planning Director to determine if further Planning Commission approval is necessary. 3.That all applicable requirements of the State,County,City and other Governmental entities,must be met. 4.That,prior to issuance of Building Permits,a Zone Clearance shall be obtained from the Planning Department. 5.That this project is classified as a small project under Ordinance No ..668.As such,it shall be subject to a six month time period (commencing upon the effective date of project approval),in which the entire project must be submitted for plan check review with the·Department of Building and Safety,with two six month time extensions maximum allowed to be granted by the Planning Commission pursuant to Municipal. 6.That the applicant shall defend,hold harmless and indemnify at his own expense the City, its agents,officers and employees,from any claim,action,or proceeding,to attack,set aside,void or annul the approval granted in this resolution and shall reimburse the City,its agents,officers and employees for any damages,court costs and attorneys'fees incurred as a result of such action.The City at its sole discretion may participate in the defense of any such action but such participation shall not relieve applicant of his obligation under this condition. 7.The applicant shall erect a six-foot high security fence around the property to the satisfaction of the Planning Director and Building Official.Prior to construction,a construction sign(s)as proVided by the City shall be conspicuously posted on the fence adjacent to the street of the project and/or adjacent to all entrances of the project.The site shall be maintained in a clean sanitary manner at all times during and after construction. 8.That all roof-mounted equipment shall be screened from view.Any screening features shall be architecturally integrated with the proposed structure and shown on Exhibit *,as approved by the Planning Commission. 9.That all parking spaces shall remain open for all users and shall remain publicly accessible during normal business hours. 10.That the drive-thru ATM exit driveway shall be signed with "DO NOT ENTER-WRONG WAY"signs and pavement arrows.Each ATM drive-thru aisle shall have an unobstructed width of at least 11 feet. 11.That all parking areas shall be signed and marked to the satisfaction of the City Traffic Engineer. 12.That that applicant shall provide 25'unobstructed sight visibility triangles formed by the extension of the property lines at the corners of Silver Spur Road/Beechgate Drive and Little Silver Spur Road (frontage road)/Beechgate Drive.The sight visibility triangles shall not be obstructed by walls,columns or landscaping over 30"high. 13.That that applicant shall provide a 10'sight visibility triangle formed by the edge of each private driveway and the intersecting street right-of-way line when exiting the parking lot. The sight visibility triangle shall not be obstructed by walls,columns or landscaping over 30"high. 14.That a 15-feet diagonal corner cut-off street dedication shall be provided to the City at the southwest corner of Little Silver Spur Road (frontage road)and Beechgate Drive. The developer shall construct new sidewalk in the dedicated area and a new pedestrian ramp at the corner to current standards. Resolution No.PA-30-11 April 30,2012 2 D-98 15.That a 25-feet diagonal corner cut-off street dedication shall be provided to the City at the northwest corner of Silver Spur Road and Beechgate Drive.The developer shall construct new sidewalk in the dedicated area and a new pedestrian ramp at the corner to current standards. 16.That disabled parking will comply with current standards requirements of the Americans with Disabilities Act. 17.That an accessible walkway shall be provided between the public sidewalk and the main building doors. 18.That the existing bus stop facilities on Silver Spur Road shall be relocated and/or modified as necessary to accommodate the project driveways. 19.That parking stall cross-slope shall not exceed 5%. 20.That all two-way driveways and any two-way aisles or ramps adjacent to a wall or obstruction shall be at least 25 feet wide. 21.That all parking spaces adjacent to an obstruction,except columns,shall be at least one foot wider than a standard space.The parking space adjacent to the trash enclosure shall be at least 1O-feet wide. 22.That wheel stops or 6"high curbs shall be required·for all parking spaces.Walkways adjacent to a parking stall may be widened by 2 feet to allow vehicle overhang without encroaching on minimum required walkway width. 23.That all unused driveways shall be reconstructed with curb,gutter and sidewalk. I 24.Prior to the issuance of a Buildin~l Permit,a lighting pian showing conformance with Chapter 17.42 of the Rolling Hills Estates Municipal Code shall be reviewed and approved by the Planning Director.Parking lot lighting shali not shine directly onto the public.right-of-way or adjacent properties.Shields shall be used on lights located near property lines. 25.That doors and gates along property frontages shall not open across the puplic right-of- way. 26.That,prior to the issuance of building permits,the City of Rolling Hills Estates Building Official (or designee)and the City of Rolling Hills Estates City Engineer (or designee) shall review and approve final design plans for the project site to ensure that earthquake-resistant design has been incorporated into final site drawings in accordance with the most current California Building Code,the recommended seismic design parameters of the Structural Engineers Association of California,and the project's Geotechnical Investigation Report (Stantec,2011)and corresponding Addendum 01 (Stantec,2012).Ultimate site seismic design acceleration shall be determined by the project structural engineer during the project design phase. 27.That,prior to issuance of building permits,building plans shall be reviewed for compliance with the recommendations included in the Geotechnical Investigation Report prepared by Stantec Consulting Corporation,September 11,2011.This includes all recommendations pertaining to building foundation design,foundation construction, installation of post tensioned slabs,pavement design,subgrade and aggregate base specifications,site grading,and removal of undocumented fill and replacement with non-expansive import fill. 28.That a Project Soils Engineer and/or their authorized representatives shall be present during project construction to provide a source of advice to the project applicant regarding the geotechnical aspects of the project and to observe and test the earthwork conducted on the site. 29.That the project applicant(s)shall continue groundwater monitoring and remedial activities at the subject property as directed by the Los Angeles Regional Water Quality Control Board (RWQCB)until regulatory case closure is issued for the active LUST case. 30.That,to the satisfaction of the City of Rolling Hills Estates prior to redevelopment of the site and/or subsurface excavation,the project applicant(s)shall implement a soils Resolution No.PA-30-11 April 30,2012 3 D-99 management plan during future site grading and/or other redevelopment activities involving soil disturbance to ensure proper handling and/or disposal of any contaminated soil and groundwater that may be encountered. 31.That,prior to the issuance of building permits,the City of Rolling Hills Estates Building Official (or designee)and the City of Rolling Hills Estates Engineer (or designee)shall review and approve final design plans for the project site to ensure that any potential vapor intrusion concerns have been adequately addressed. 32.That,prior to issuance of a grading permit,the City Building Official shall ensure that construction plans for the project include features meeting the applicable construction activity Best Management Practices (BMPs)and erosion and sediment control BMPs published in the California Stormwater BMP Handbook-Construction Activity or equivalent.If construction activities occur between October 1 and April 15,the project applicant shall prepare and submit a Wet Weather Erosion Control Plan (WWECP)to the City Building Official at least 30 days prior to commencement of construction activities. 33.That,as required by Municipal Code 8.38.105 and prior to issuance of a building permit, the project applicant shall submit a Storm Water Mitigation Plan to the City Building Official for review and approval.The Storm Water Mitigation Plan shall identify the Best Management Practices (BMPs)to be implemented during project operation.The project Storm Water Mitigation Plan must also demonstrate compliance with the pollutant- specific Total Maximum Daily Load waste load allocations in effect for the Machado Lake sub-watershed as well as the Maximum Extent Practicable (MEP)standard for other pollutants of concern. 34,That prior to issuance of a certification of occupancy,the project applicant shall provide the City Building Official with a Best Management Practices (BMP)maintenance plan, consistent with Standard Urban Stormwater Management Pian (SUSMP)requirements, for review and approval. 35.That,prior to commencement of grading activities,the applicant shall determine,and report to the Director of Public Works and the City Building Official,whether dewatering of groundwater will be necessary during project construction,whether the groundwater contains petroleum,and whether dewatering activities will require discharge to the storm drain system or surface waters.All appropriate Regional Water Quality Control Board (R\tVQCB)permits reiated to dewatering and docurnentation,and permit requirements that are included in the plans and specifications shall be submitted to the City Building Official prior to issuance of the first grading permit.If the groundwater is found to contain petroleum-related organic compounds,discharge of dewatered groundwater to the storm drain system or surface waters will require compliance with the Waste Discharge Requirements for Treated Groundwater and Other Wastewaters from Investigation and/or Cleanup of Petroleum Fuel-Contaminated Sites to Surface Water in Coastal Watersheds of Los Angeles and Ventura Counties (Order No.R4-2007-0021, NPDES No.CAG834001). 36.That,as required by Municipal Code 8.38.105 and prior to issuance of a building permit, the project applicant shall submit a final drainage plan to the City Building Official for review and approval.The drainage plan shall include anyon-site structures and/or modifications of existing drainage facilities necessary to accommodate increased runoff resulting from the proposed project and shall indicate project contributions to the regional storm water drainage system.The drainage plan shall show all structural BMPs consistent with the project storm water mitigation plan. 37.That,prior to the issuance of a building permit,the applicant shall demonstrate that the roof can support the weight of and would otherwise be suitable for future placement of solar panels. 38.That the project contractor shall ensure that construction equipment is fitted with modern sound-reduction equipment. I 39.That all utility work located in and connecting to public streets shall be subject to review and approval by the City's Department of Public Works prior to issuance of a grading permit for the project.' Resolution No.PA-30-11 April 30,2012 4 D-100 40.That,prior to the issuance of a building permit,the developer shall coordinate with the various utility companies serving the site and pay the necessary fees to ensure adequate and timely service to the proposed development. 41.That any utilities that are in conflict with the development shall be relocated at the developer's expense. 42.That the project plans shall be subject to review by the City's Department of Public Works prior to issuance of a building permit to ensure that no right-of-way impacts will result from installation of the project utilities and service systems. 43.That power,telephone and cable television service shall be underground. 44.That,prior to issuance of a building permit,a final landscaping plan shall be submitted to the Park and Activities Commission for review and approval.The final landscaping plan shall include the location,spacing,numbers,sizes,and identity of all planting and material,an irrigation plan,water conservation statement,wall plans,sign plans,and other such plans and drawings required by the Park and Activities Commission.The landscape plan shall comply with the requirements of Chapter 17.59 (Landscaping and Irrigation)of the Municipal Code.Furthermore,commercially available ornamental trees may be replaced on-site with any commercially available species,as long as the species is not prohibited for installation by the City of Rolling Hills Estates Public Works Department along right-of-ways and the species has not been identified by the California Exotic Pest Plant Council as an invasive risk in southern California. 45.That,prior to issuance of a grading permit,a soils test shall be submitted per the landscape water conservation ordinance for the review and approval of the Park and Activities Commission. 46.That,prior to the issuance of a building permit,water conservation and vllvl ~y conservation features shall be designed and incorporated into the plumbing and irrigation equipment. 47.That all landscaped areas shall be provided with an automatic irrigation system.The detailed specifications shall be reviewed and approved by the Park and Activities Commission prior to the issuance of Zone Clearance. 48.That the landscape pian shail utilize extensive mulching. 49.That all construction activity shall be limited to between the hours of 7:00 A.M.and 5:00 P.M.Monday through Friday,and 9:00 A.M.and 5:00 P.M.on Saturday.N()work shall be permitted on Sundays or holidays (New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and Christmas Day). 50.That no queuing of trucks or arrival of construction materials and/or workers to the construction site shall be permitted outside the permitted construction hours and days. 51.That trucks transporting dirt,organic material,and demolition debris from the site shall be covered and hosed down in a location on-site prior to exiting the property.Any trucks transporting dirt and or organic material to the site shall be covered or properly secured to prevent off-site debris to the satisfaction of the City Traffic Engineer. 52.That contractor shall prohibit off-site heavy truck activities in local residential areas as well as establish City-approved haul routes. 53.That the project shall be served by adequately sized water system facilities,which shall include fire hydrants of the size,type and location as determined by the Fire Chief. 54.That the water mains shall be of sufficient size to accommodate the total domestic and fire flow required for the land division.Domestic flows required are to be determined by the California Water Service Company.Fire flows required are to be determined by the Fire Chief. 55.That the applicant shall comply with City of Rolling Hills Estates Construction Debris recycling requirements. 56.That all roof-mounted equipment shall be screened from view to the satisfaction of the Planning Director. Resolution No.PA-30-11 April 30,2012 5 D-101 57.That the public improvements serving this project shall comply with Federal and State requirements for the disabled community. 58.That,prior to issuance of building permits,the project applicant shall be required to pay applicable fees $19,615.42 for traffic mitigation and $2,642.20 for the General Plan Fee pursuant to Ordinance No.647. 59.That any City required or proposed hardscape/landscape improvements in the public right-of-way shall be reviewed and approved by the Park and Activities Commission and/or Public Works with all soft and hard costs payable by the applicant. 60.That,prior to the issuance of a grading and/or building permit,the applicant shall be required to post a security in an amount to be determined by the City of Rolling Hills Estates in an amount sufficient to pay for repairs caused by any damage to public streets or other facilities.Prior to the issuance of a certificate of occupancy,the applicant shall also be responsible for repair of any broken or damaged curb,street,gutter or other utility or public improvements or demolition permits resulting from any construction activity. 61.That,prior to commencement of construction,all on-site construction personnel shall be provided written and verbal instructions and shall be contractually obligated to respect the natural environment including prohibitions against destruction and/or harassment to all forms of plant and animal life. 62.That all Project Mitigation Measures,as identified in the attached Mitigation Monitoring and Reporting Program (Exhibit B),shall be completed to the satisfaction of the responsible Department/Agency. SECTIQN 2.This approval shall not be effective for any purpose until applicant has filed an Affidavit of Acceptance stating that heishe is aware of and accepts ali of the conditions.·if applicant does not accept the conditions within thirty (30)days from the effective date of this approval,ail rights hereby granted shall be void.The Affidavit of Acceptance must be received by the City prior to Zone Clearance. SECTION 3.If any portion of this approval is violated or held to be invalid or if any jaw, statute,or ordinance is violated by the issuance of this approval or by anyone or more of the requirements thereof,said use shall be void and privileges herewith shall lapsJ and such use shall thereupon cease. SECTION 4.The City Clerk shall forward a copy of this Resolution to the applicant,to the Building Department,respectively,for their attention. SECTION 5.That,unless appealed pursuant to the requirements of Article VIII of the Rolling Hills Estates Municipal Code,this Resolution shall become effective twenty (20)days from the date of adoption. SECTION 6.That the City Clerk shall certify to the adoption of this Resolution. ADOPTED this 30th day of April,2012. BRITT HUFF,CHAIRWOMAN ATTEST: DOUGLAS R.PRICHARD,CITY CLERK Resolution No.PA-30-11 April 30,2012 6 D-102 I HEREBY CERTIFY that the foregoing Resolution No.PA-30-11 was adopted by the Planning Commission of the City of Rolling Hills Estates at a regular meeting held thereof on the 30 th day of April,2012,by the following vote: AYES: NOES: ABSENT: ABSTAIN: DOUGLAS R.PRICHARD,CITY CLERK Resolution No.PA-30-11 April 30,2012 7 D-103 =< »z .Stantec.#26780·~llYER ~PUR &BEECHGATE FREESTANDING BANKING CENTERs""~~'ftc 828 SILVER SPUR RD. ,...,..."":0....::::;,......."'''0 ROLLING HILLS,CA 90274 Ii. I :!'"~ Ii \~ 1--' I I I I 1 I I CHASE 0 D-104 >-r----:---r.--------,---;:----~-,-__===~,---=.-=r==:=,==:r=====r::==:.o::-===r= no···.··I I 1...J _L IJ~~~-l~TIJ=F;;R:EE~.~TA~N~D~IN~G~B~A1N~:K~I~N~G~C;EN::T~E~R~li M~J~~~~tci·§~~~~~i~~1C~H~ASE 0I~-Q #26780 •SILVER SPUR &BEECHGAT 24085 ElTor.Road, '",,'i',;828 SIL VE R S PU R ROA 0 --,.,,;.i._Laguna Hills,CA n6.~~_.m ~§ROLLING HILLS,CA 90274 ~_ D-105 ~"U...AAI'lSC.<PtCONSTlIVC'M!<"'AST[10 er I'tCrCLLll ASA!'P1lto'>RlAtt S.I«,lt>UHT!;ttu:CTU>PltCUll';!:'S:\l<AIlIi<r, to OOTM."u.."AlDlIAi...'.l(IC'<,.V1""'""ro,,,\.!:<;,jASP05SiIl;.£ // ~ ~'----~~~lr. / / // / em'~AEOUFIEMENTS o SOL SlXfABUfY/MANAGEIIIENT NOTES LANDSCAPE PLANTING PLAN o w Ul«:r:u LL.J <C ocOw ....~!z ~LL.J W (j)~~g<3. 06~0::Li1 Ck::~~S=«(/)(/) O-COO::Li1::~~~ LL.JoCii:r;::::z ~C)-«""2 <---?I-:J •if)-' W 0=W 0::=OC~L.L c-....== ~i..··,,1iihf""'~~~I !1"1 I', "'u.. ~ ~ ."i~'l D- 1 0 6 ~ ""~~ I'..., ~ ~ 4 0::: o W I- oe:( (!) I () W W £:0 Proposed Floor Plan •Chase Silver Spur and Beechgate 828 Silver Spur,Rolling Hills Estates,CA 90732 3/20/12 RJM Bldg.Size =4,292 s.f. ~ ) ~~~)""--"~------~"~'---"~"--""---../~~~..~ SILVER :"PUR ROAD CHASE", ~ Qualify for .--r Affluent Finis~Finish Pallet ._.-!..._-._...! .--!-YES ----.1 Contemporary D- 1 0 7 z Q ~ .Stantec #26780·~llYER ~PUR &BEECHGAlES"~:~""'''':'"<FREESTANDING BANKING CENTER CHASE 0"'M~[,l"828 SILVER SPUR RD. Ttl.t49.g23.=~~9"U2:UfllO ROLLING HILLS,CA 90274 D-108 = F' •~.~# 2VR8EOES)~~~:~~ES{~~R~~l~~~~~RA IE CHASE 0 '"'''.'''00'',,,",,,,,,,,ROLLING HILLS,CA 90274 D-109 #26780·~llYER ~PUR &BEECHGAH ~..•~!!~FREESTANDING BANKING CENTER CHAS E ..., "..~'"828 SIl.VER SPUR RD. T.1.'"."'.::;"_.:.':;,''''''.•,,'ROl.LlNG HILLS,CA 90274 D-110 Reporting Planning Director,or his/her designee,shall review lighting plans to ensure compliance with this requirement. Mitigation Monitoring Period of.Monitoring L.Monitoring Implementation Res~onsibility!Procedure I Comments l Date I Initials I Aesthetics City of Rolling Hills Estates Planning Director Prior to the issuance of a building permit Mitigation Measures Mitigation Measure AES-1:Prior to the issuance of a Building Permit,a lighting plan showing conformance with Chapter 17.42 of the Rolling Hills Estates Municipal Code shall be reviewed and approved by the Planning Director. ~~~ ~ l' ~•~ Mitigation Measure <JEO-1:Prior to the issuance of building permits,the City of Rolling Hills Estates Building Official (or designee)and the City of Rolling Hills Estates City Engineer (or designee)shall review and approve final design plans for the project site to ensure that earthquake-resistant design has been incorporated into final site drawings in accordance with the most current California Building Code,the recommended seismic design parameters of the Structural Engineers Association of California,and the project's Geotechnical Investigation Report (Stantec, 2011)and corresponding Addendum 01 (Stantec,2012). Ultimate site seismic design acceleration shall be determined by the project structural engineer during the project design phase. Mitigation Measure GEO-2:Prior to issuance of building permits,building plans shall be reviewed for compliance with the recommendations included in the Geotechnical Investigation Report prepared by Stantec Consulting Corporation,September 11,2011.This includes all recommendations pertaining to building foundation design,foundation construction,installation of post tensioned slabs,pavement design,subgrade and aggregate base specifications,site grading,and removal of undocumented fill and replacement with non- expansive import fill. Prior to the issuance of a building permit City of Rolling Hills Estates Building Official The City Engineer and Building Official or designees shall review project plans to ensure compliance with this requirement. The Building Official or designee shall review project plans to ensure compliance with this requirement. Page 1 015 D - 1 1 1 ~~,:J[itigation Monitoring Reporting ~--~ ~ ~ ~tva, ~ Mitigation Measures Mitigation Measure GEO-3:A Project Soils Engineer and/or their authorized representatives shall be present during project construction to provide a source of advice to the project applicant regarding the geotechnical aspects of the project and to observe and test the earthwork conducted on the site. Mitigation Measure HAZ-l:The project applicant(s) shall continue groundwater monitoring and remedial activities at the subject property as directed by the Los Angeles Regional Water Quality Control Board (R\VQCB)until regulatory case closure is issued for the active LUST case. Mitigation Measure HAZ-2:To the satisfaction of the City of Rolling Hills Estates,prior to redevelopment of the site and/or subsurface excavation,the project applicant(s)shall implement a soils management plan during future site grading and/or other redevelopment activities involving soil disturbance to ensure proper handling and/or disposal of any contaminated soil and groundwater that may be encountered. Period of Imnlementation During construction Prior to and during project grading Monitoring Resnonsibility City of Rolling Hills Estates Building Official City of Rolling Hills Estates Planning Director Monitoring Procedure The Building Official or his/her designee shall coordinate with the project contractor and shall conduct periodic site visits to ensure compliance with this requirement. The City's Planning Director or his /her designee shall review and approve the soils management plan,shall coordinate with the project applicant/contractor/ operator and shall conduct periodic site visits to ensure compliance with this requirement. Comments Date Initials Page 2 of5 D - 1 1 2 Reportingr~, ~ Mitigation Measures Mitigation Measure HAZ-3:Prior to the issuance of building permits,the City of Rolling Hills Estates Building Official (or designee)and the City of Rolling Hills Estates Engineer (or designee)shall review and approve final design plans for the project site to ensure that any potential vapor intrusion concerns have been adequately addressed. Period of Implementation Prior to the issuance of a building permit ~~1[itigation Monitoring ~M~~ri~-~--M-o-n-~-o-r-~-g---~------~I---~I--'-'-~ R 'b'l'P d Comments Date Initialsesponsl11It:r..roce ure City of Rolling The City Engineer and Hills Estates City Building Official or Engineer and his/her designees shall Building Official review project plans to ensure compliance with this requirement. t ~ "~ Mitigation Measure HYD-l:Prior to issuance of a grading permit,the City Building Official shall ensure that construction plans for the project include features meeting the applicable construction activity best management practices (B:NIPs)and erosion and sediment control B:NfPs published in the California Stormwater BMP Handbook-Construction Activity or equivalent.If construction activities occur between October 1 and April 15,the project applicant shall prepare and submit a Wet Weather Erosion Control Plan (WWECP)to the City Building Official at least 30 days prior to commencement of construction activities. Mitigation Measure HYD-2:As required by Municipal Code 8.38.105,prior to issuance of a building permit,the project applicant shall submit a Storm Water Mitigation Plan to the City Building Official for review and approval.The Storm Water :Nfitigation Plan shall identify the Best :Nlanagement Practices (B:J'vfPs)to be implemented during project operation.The project Storm \Vater :Nfitigation Plan must also demonstrate compliance with the pollutant-specific Total :Nfaximum Daily Load waste load allocations in effect for the Machado Lake sub-watershed as well as the maximum extent practicable (11EP)standard for other pollutants of concern. Prior to the issuance of a grading permit Prior to the issuance of a building permit City of Rolling Hills Estates Building Official City of Rolling Hills Estates Building Official The Building Official or his /her designee shall review project plans to ensure compliance with this requirement. The Building Official or his/her designee shall review the Storm Water Ivfitigation Plan to ensure compliance with this requirement. Page 3015 D - 1 1 3 InitialsDate Reporting Comments ~~~1I.A["""M""n'J ItlgatlOn onltonltlg M """ M Period of Monitoring Monitoring .....-lugatlOn easures I I " R "b"l:hT P d,-..~mpementatlOn esponsl 1I.hy _roce ure Mitigation Measure HYD-3:Prior to issuance of a Prior to the issuance City of Rolling The Building Official or certification of occupancy,the project applicant shall of a certificate of Hills Estates his/her designee shall ~provide the City Building Official with a Best occupancy Building Official review the Bj\;fP ,Management Practices (BMP)maintenance plan,maintenance plan to consistent with Standard Urban Stormwater ensure compliance with ~Management Plan (SUSMP)requirements,for review this requirement."\l and approval. Mitigation Measure HYD-4:Prior to commencement Prior to the issuance City of Rolling The Director of Public I I I I of grading activities,the applicant shall determine,and of a grading permit Hills Estates \X1orks and Building report to the Director of Public Works and the City Director of Public Official or his/her Building Official,whether dewatering of groundwater Works and designees shall will be necessary during project construction,whether Building Official coordinate with the the groundwater contains petroleum,and whether project applicant and dewatering activities will require discharge to the storm ensure any necessary drain system or surface waters.All appropriate Regional dewatering oermits are \Vater Quality Control Board (R\)VQCB)permits related obtained. to dewatering and documentation,and permit requirements that are included in the plans and specifications shall be submitted to the City Building Official prior to issuance of the first grading permit.If the groundwater is found to contain petroleum-related organic compounds,discharge of dewatered groundwater to the storm drain system or surface waters will require compliance with the Waste Discharge Requirements for Treated Groundwater and Other Wastewaters from Investigation and/or Cleanup of Petroleum Fuel-Contaminated Sites to Surface Water in Coastal Watersheds of Los 1~ngeles and Ventura Counties (Order No.R4-2007-0021,NPDES No. CAG834001). ~ \ '" !' " Page 4 of5 D - 1 1 4 l\1itigation Monitoring Reporting~I~, ~ '"='~ Mitigation Measures Mitigation Measure HYD-5:As required by rvfunicipal Code 8.38.105,prior to issuance of a building permit,the project applicant shall submit a fInal drainage plan to the City Building OffIcial for review and approval.The drainage plan shall include any on- site structures and/or modifIcations of existing drainage facilities necessary to accommodate increased runoff resulting from the proposed project and shall indicate project contributions to the regional storm water drainage system.The drainage plan shall show all structural BMPs consistent with the project storm water mitigation plan. Period of Imnlementation Prior to the issuance of a buildinQ"permit Monitoring Responsibility City of Rolling Hills Estates Building OffIcial Monitoring Procedure The Building OffIcial or his/her designee shall review the project's drainage plans to ensure compliance with this requirement. Comments Date Initials Page 5 of5 D - 1 1 5 ATTACHMENT 2 D-116 @IE ((U re n \\;7 ir' U;~IS;lJ \~j [C I ~I-·····,~---_·_,·..··_···_' Inll.I<,PO ')r.')0,1'1 <'U Ui t'\l II L J C'iL OC I L________-J o CITY OF ROLLi:',,:HiLLS W I- « (9 I o W w CO Proposed Floor Plan .Chase Silver Spur and Beechgate 828 Silver Spur,Rolling Hills Estates,CA 90732 3/20/12 RJM Bldg.Size =4,292 s.f. ~ "'i'I '\!'-I I )~~MEN\:II ~ <J ') ANDREL -III } '-./'-.-A-__A ••_);;~.~~;~~tA:==:~;"".A...-A ,..,.r~/~~~ GYP.STUD ---------- SILVER ~"PUR ROAD CHASE 0 CPC I Qualify for I I CPC i Headcount I Affluent Finishes I Finish Pa~ -YES i 2 I.YES I Contempo~ «-"v"::':Q (~~~/,"""....~~~~/,""""~~~~/,"",,v---....,.~~~/,,~~~) 00~~~)~«-ATM1 PKG ~"V «-(RCVR ea~.....'"'!v"0"~?A II) D - 1 1 7 ,.~H' Ii II ~,~= t--- eStantec #26780 -mVER )PUR &BEECHGATE CHASE ~,""~'t,~~;::;;'~~'"'FREESTANDING BANKING CENTER .... ,o~~_,_828 SILVER SPUR RD.~'o."'.m,·"ROLLING HILLS,CA 90274 D-118 ATTACHMENT 3 D-119 CITY OF ROLLING HILLS ESTATES PLANNING DEPARTMENT 4045 Palos Verdes Drive North Rolling Hills Estates,CA 90274 Telephone-(310)377-1577 Fax-(310)377-4468 www.RollingHillsEstates-Ca.gov GRADING APPLICATION THIS GRADING PERMIT REVIEW SHALL AUTHORIZE ONLY THE GRADING WORK REQUESTED AND SHALL NOT CONSTITUTE APPROVAL OF OTHER STRUCTURES SHOWN ON THE GRADING PLAN. OWNER __J_P_M_o....;::rg:::,..a_n_C_h_a_s_e DATE 03/05/2012 ENGINEER ~v1LB Engineering LICENSE #C 41852 one-story 4,4U4 sq.ft.bank branch buiiding with 455 atm CONTRACTOR LICENSE LOCATION 828 Silver Spur Rd. PROJECT DESCRIPTION ------------------------- canopy on vacant (28,931 sq.ft.)site consisting of trash enclosure,yard lights,site paving with concrete walks,curbs,gutters,ramps,landscaping,utilities &drainage. EXTENT OF GRADING A.WILL THIS APPLICATION INVOLVE THE IMPORTATION OF ACCEPTABLE FILL MATERIAL? x 1.IF YES,HOW MANY CUBIC YARDS?500 CUBIC YARDS B.WILL THIS APPLICATION INVOLVE THE EXPORTATION OF EARTH MATERIAL? x 2.IF YES,HOW MANY CUBIC YARDS?3,000 CUBIC YARDS C.WILL THE AMOUNT OF FILL EQUAL THE AMOUNT OF CUT? EXPLANATION Existing soil is highly expansive &corrosive 1 x D-120 D.WILL THIS PROPOSAL CUT INTO AN EXISTING SLOPE? 1.IF YES,WHAT IS THE MAXIMUM LENGTH AND DEPTH OF CUT SLOPE? x LENGTH._DEPTH _ E. 2.IF YES,WHAT IS THE RESULTANT RATIO? 3.IF YES,WHAT IS THE TOTAL NUMBER OF CUBIC YARDS BEING REMOVED? WILL THIS PROPOSAL FILL AN EXISTING SLOPE? 1.IF YES,WHAT IS THE MAXIMUM LENGTH AND DEPTH OF THE FILL SLOPE? x LENGTH__~~DEPTH _ 2.IF YES,VVHAT IS THE RESULTANT SLOPE RATIO?_ 3.IF YES,WHAT IS THE TOTAL NUMBER OF CUBIC YARDS BEING FILLED? HYDROLOGY A. B. C. WILL THIS PROPOSAL ALTER NATURAL DRAINAGE PATIERNS? WILL THIS PROPOSAL RESULT IN CONCENTRATION OF STORM WATER RUN-OFF? WILL STORM WATER BE DISCHARGED INTO AN ACCEPTABLE DRAINAGE FACILITY? D.WILL THIS PROPOSAL RESULT IN FLOW PATIERNS WHICH CAUSE WATER TO BE DIRECTED ONTO ADJACENT PROPERTIES? 1.IF YES,HAS THE WRITIEN APPROVAL OF THESE PROPERTY OWNERS BEEN OBTAINED? E. F. WILL THIS PROPOSAL INSURE POSITIVE DRAINAGE AWAY FROM ALL STRUCTURES AND IMPROVEMENTS? WILL THIS PROPOSAL ADVERSELY AFFECT THE HYDROLOGY OF OTHER PROPERTIES? 2 x x D-121 G.WILL THIS PROPOSAL RESULT IN ANY EROSION? 1.IF YES,WHAT MEASURES HAVE BEEN TAKEN TO ENSURE EROSION PROTECTION? EXPLANATION _ x GRADING METHODS A. B. WILL THIS PROPOSAL REQUIRE THE USE OF HEAVY EQUIPMENT? 1.IF YES,WHAT MACHINERY WILL BE USED? EXPLANATION _ WILL THIS PROPOSAL INVOLVE THE USE OF TRUCK TRANSPORT? 1.IF YES,WHAT CAPACITY OF VEHICLE AND WHAT HAUL ROUTE IS REQUESTED? CAPACITY:CUBIC YARDS HAUL ROUTE ~ x x C.DESCRIBE METHODS OF DUST CONTROL TO BE EMPLOYED DURING GRADING. EXPLANATION _ GRADING COMPATIBILITY A.WILL THIS PROPOSAL RESPECT AND PRESERVE NATURAL AMENITIES,INCLUDING TOPOGRAPHY,LANDSCAPING AND NATURAL FEATURES? 3 D-122 B. c. D. E. WILL THIS PROPOSAL PRESERVE OPEN SPACE AND RESPECT RESPECT THE PRIVACY OF SURROUNDING PROPERTIES? EXPLANATION ~~_ WILL THIS PROPOSAL INCORPORATE EXISTING ANDIOR ADDITIONAL LANDSCAPING TO ENSURE COMPATIBILITY WITH SURROUNDING PROPERTIES? EXPLANATION _ WILL THIS PROPOSAL RESPECT AND MAINTAIN EXISTING PUBLIC AND PRIVATE VIEWS? WILL THIS PROPOSAL COMPLY WiTH THE OBJECTiVES OF THE NEIGHBORHOOD COMPATIBILITY ORD!NANCE? EXPLA,NATION,_ x x F.WILL THIS PROPOSAL COMPLY WITH ALL CONDITIONS AND REQUIREMENTS OF THE CiTY OF ROLliNG HILLS ESTATES GRADING ORDINANCE (MUNICIPAL CODE 17.07.010)? forms/grading updated 10/23/07 4 D-123 ATTACHMENT 4 D-124 CHASE BANK INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION COMMENTS AND RESPONSES PERSONS,ORGANIZATIONS,AND PUBLIC AGENCIES THAT COMMENTED ON THE PROPOSED MITIGATED NEGATIVE DECLARATION The public review period for the Initial Study and Proposed Mitigated Negative Declaration for the Chase Bank project commenced on March 29,2012 and ended on April 17,2012.Table 1 lists the persons,organizations,and public agencies that provided comments to the City of Rolling Hills Estates on the Proposed Mitigated Negative Declaration. ,, City of Rancho Palos Verdes 04/10/2012 04/10/2012 Fox,Kit County Sanitation Districts of Los Angeles County 04/18/2012 04/17/2012 R~7~Arlri~tl~~--~-,~~------- COMMENTS AND RESPONSES The comment letters received on the Proposed Mitigated Negative Declaration are presented below along with the Lead Agency's responses to the environmental points that were raised.Each point raised in these comment letters was assigned a number (e.g.,XY-1).The Lead Agency's response to each enumerated comment is provided after the respective comment letter.The comment letters and corresponding responses appear in the same order as they are listed in Table 1. City of Rolling Hills EJtateJ ChaJe Bank D-125 Comments LETTER FROM:CITY OF RANCHO PALOS VERDES,KIT Fox AOMII'lIS1T<AnON 10 Aprtl 2012 VIA ELECTRONIC &U.S.MAIL Niki Cutler,A.lCP,Planner City of Rolling Hills Estates 4045 Ps,Ios Verdes Dr.N. Hills CA 90274 SUBJECT:Comments in Response to the Notice of Intent to Adopt a Mitigated Negative Declaration for the Proposed Chase Bank Project at 828 Silver Spur Road (PA·30..11) Dear Ms.Cutler: of Rancho Palos Verdes appreciates the opportunity to comment upon the "''''''''''''''':;'1::>1'1 Mitigated Negative Declaration (MND)for the above-mentioned project.We have reviewed the Initial Study (is),and offer the following comments: 1.From the exterior elevations with the IS,it is not clear if there a flat~roofed area at the of the building or not.If so,is there any roof.. mounted mechanical equipment proposed?The discussion of Aesthetic impacts in the IS lII.d)states that "the proposed project would not include unscreened outdoor uses or equipment that are inconSIstent with the urban character of this area of the City,"but it is not clear if this means that there is no roof..mounted equipment,or jf there is such equipment but it has been found to be consistent with the urban character of surrounding The City of Rancho Palos Verdes respectfully suggests that any roof..mounted mechanical equipment should be substantially screened from view from upslope residences in the City of Rancho Palos Verdes.which are located to the north of the subject property. 2.We recall that,during the previous public review of the development entitlements for the Silverdes medical office condominium project on this site.potentia! confHcts related to direct vehicular access from Beechgate Drive were an issue of concern to nearby Rancho Palos Verdes reSidents.As a result,the previousiy- approved project was designed to take access only from Silver Spur Road and "Little"Silver Spur Road.The discussion of Transportationffraffic impacts in the IS iV.c and IV,f)notes that outbound lane is adequate for which has reiatively low volumes,and vehicles wishing to City afRolling Hills Estates 2 Chase Bank D-126 an I at I ~ CommentJ NUd CuUer 10 April 2012 Page 2 turn right will not be behind vehicles wanting to turn left and w<:~lting for a break in traffic";that less~than~signlficant impacts are expected with to the creation of "one or more access points on a roadway that is not the prirnary frontage."It Is our recollection that the past concern with the "":001""'''''1<'>1'0 Drive access to this site was not so much the ease with which the could eX.it the site onto Drive.but the potential conflicts between vehicles turning left into the site Drive with those down the hm from the Peninsula Rim and Soleado t-ltJ,mt,nt::::lF\l The current plan would introduce a driveway access nnl'nT__H,Jn>:ln with the two (2)existing across the street Road and 916 Silver Spur Road~on this short stretch between Silver Spur Road and "Little"Silver Spur Road, Palos Verdes that the alternate site Uo,:>"hrto,i",Drive. thank you for the opportunity to comment upon this ll"'nr"'rt"'....t or need additional information, d"1"'"1'-,1L..L.U or via e~ma!l at ,,,,..,r.1'-'"'' enclosures cc:Mayor Anthony Misetich and Carolyn City 1111",,,,,,,,.,,,,,,.. Carolyn n Petru,Deputy Council M:\l3ord€'[1$1",(!s\,Chase Sank PlojecI120120410..MNDCOlnment$.doc D-127 Comments RESPONSES RPV-l:Plans submitted by the project applicant indicate that rooftop equipment (consisting of HVAC equipment,a satellite dish,and roof drains)would be located in a sunken roof well that is situated approximately 12 feet below the peak of the highest portion of the bank building's roof. See the "Roof Plan"and "Building Sections"exhibits on the following pages.Consequently,this equipment would be largely screened from view from surrounding properties including upslope residences in the City of Rancho Palos Verdes,which are located to the north of the subject property. RPV-2:The City has not prohibited access via Beechgate Drive at any time.In fact,the prior use of the site as a service/gas station had two driveways on Beechgate Drive.The City Traffic Engineer has determined that multiple driveways for commercial properties is appropriate and acceptable for this street.Driveways on Beechgate Drive provide convenient and safe access to and from Silver Spur Road at a signalized intersection.Further,a driveway on Beechgate Drive is preferable to additional driveways on Silver Spur Road because Beechgate Drive has lower traffic volumes and prevailing speeds,thereby lowering the potential for and severity of collisions.With regard to driveway access on Little Silver Spur Road,that location would have less driver visibility due to street curvature and topography than a Beechgate rl't'1't'rP.t't'ri1'tT northbound Beechgate Drive would have to cross southbound traffic on Beechgate Drive either at the driveway or at Little Silver Spur,so there would be no difference in the number of traffic conflicts.Based on a thorough review of potential driveways and project trip circulation,the City Traffic Engineer has concluded that an access driveway on Beechgate Drive is appropriate and would facilitate traffic flow with optimum overall traffic safety. City of Rolling Hills Estates 4 Chase Bank D-128 o 35VH:J I I~ I I D-129 03SVH:J D-130 LETTER FROM:COUNTY SANITATION DISTRICTS OF Los ANGELES COUNTY April 17,2012 FileNo: Ms,.Niki,CUII,er,AICP Hills Estates Palos Drive North Rolling I'HUs 1~;st~\I,es,CA 90214 Dear Ms.Cutler: received a Notice of Intent to 2.,2012.The 5.\Ve offer the The County Sanitatkm Districts of Los Angeles County a ()c<::laratiol1 f()t·the wil.hin the JUrISdictional h,r"lI1lt'!£II,it·" cornnH::'t)ls regarding sewerage project wUI be Ireate-cla!the Joint Water which has a design of 400 and processes an average l1{nv 'rhe wastewater gtWtCl'llllcd Control Plant locllted in the 'rhe averagc waslew'atcl'11m\'from th¢project site i.s 440 the Districts'WaSlC'lM'l.tCI'generation 1.0 ~.~_!.!...J:!,JJ.!!~~~J.:>' \Vlll Serve Procedures,Obtain link on page 2. I.fW1I1 the which not iluillnlai.ricd Slnpc S..\ct!OI1 )Trunk SC\'\/Cl',l()catcd Cl'enshuw BoulCVlll"d north Road.Tlli!>dianll\lcr trunk sewer has a design of 2.I day (mgdj and \;onvcycd a nmv 1.0 rngd when last in 2011 4,the CalHbmi,<1 Health and Safety Code to charge a fee tor the or indirectly)to the Districts'Sewerage or the wastewater attributable to a particular 01'already connecticm fce is facilities fee,that IS;in an amount sufficient to construct an incremental expansion of the System to accmnmodale the PaYlnent of ~l connection fcc will be before a to connect to the sewer is Fo;a copy of the Connection Fee Information Sheet,go to Information Center,wm Serve Progl'an'ljl,Buildover pr,oce,d,UTes,"Obla''.,i,n \\.',.ill Serv',CLcttCI',.click on th:JC link on 2.For more specH1c inf,)rmntioll thecouneetlol1 fee fees,contact the Connection Fee Counter at extension 2727. City of Rolling Hill.r E.rtate.r 7 Cha.re Bank D-131 Comments and Responses April 17,2012 In orde,r for the Di:Hricts 10 conform to the requirements of the Federal C;lean Air A,ct (CAA),lhe clll)acHj~~s of the Distrkts 1 wastewater treatlnent facilities arc based on the by the SOLlthern CaHfornia A.ssociation of Governments ill'the development of the SCAG growth f'brccast are incorporated into dean air \vhich an:by the and Ant.clopc Ai.r Quality Management Districts in order to in the South Coast and Dcs(~rt Air Basins as Inandated the CAA.ta.cHitles must be and service. in a tmmllcr will be ,,'ith the SCAG l·egi.onal forecust for tbe counties of Los San Bernardino,Riverside,Ventura,and Imperial.The available capacity treutment HlcHiHes will,thercfi)rc,be limited to levels associated with the .idcntit1ed SCAff.As such,this letter docs not constitute a guarl'wtee of \vastevllalor service,but is 10 you that the Districts intend to this sen,dee lit'10 the h~\"els (,hat are [HId to infbrm you of the and any Districts~facilities, Ifytfll have allY questions,please contactthe 1l111'{r.!',d<r"1Ml <It (562)908 ..4288.extension 2717. AdriaM Ha:.I;;;\ ClI:ilOmCr Service "PI.~\';lilIlM Facilities Planning n ...."..·I'·.,..'" i\R:(II' ;\1.Tn:mhlay .I.Ganl. City of Rolling Hills Estates 8 Chase Bank D-132 Comments and ReJponJes RESPONSES SD-l:The commenter provides information regarding the wastewater system in the project vicinity. The information is noted.No response is required. SD-2:The commenter identifies that project-generated wastewater would be treated at the Joint Water Pollution Control Plant in Carson,CA,and identifies the capacity of that facility.The information is noted.No response is required. SD-3:The commenter identifies that the project is anticipated to generate 440 gallons per day of wastewater.The information is noted.No response is required. SD-4:The comments/information is noted.No response is required. SD-5:The comments/information is noted.No response is required. Ciry oJRolling HillJ Estates 9 ChaJe Bank D-133